103D CONGRESS

2D SESSION H. R. 3355

AMENDMENTS

TO

SENATE AMENDMENT
In the House of Representatives, U. S.,

April 21, 1994.

Resolved, That the House agree to the amendment of

the Senate to the bill (H.R. 3355) entitled ‘‘An Act to amend

the Omnibus Crime Control and Safe Streets Act of 1968 to

allow grants 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’’, with

the following

AMENDMENTS:

In lieu of the matter inserted by said amendment, insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Violent Crime Control

3 and Law Enforcement Act of 1994’’.

4 SEC. 2. TABLE OF TITLES.

5 The following is the table of titles for this Act:
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TITLE I—VICTIMS OF CRIME

TITLE II—APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN

CERTAIN CASES

TITLE III—ASSAULTS AGAINST CHILDREN

TITLE IV—CONSUMER PROTECTION

TITLE V—MANDATORY LIFE IMPRISONMENT FOR PERSONS

CONVICTED OF CERTAIN FELONIES

TITLE VI—VIOLENT OFFENDER INCARCERATION

TITLE VII—DEATH PENALTY

TITLE VIII—TRUTH IN SENTENCING

TITLE IX—RACIALLY DISCRIMINATORY CAPITAL SENTENCING

TITLE X—CRIME PREVENTION AND COMMUNITY JUSTICE

TITLE XI—YOUTH VIOLENCE

TITLE XII—CHILD SEXUAL ABUSE PREVENTION ACT OF 1994

TITLE XIII—JACOB WETTERLING CRIMES AGAINST CHILDREN

REGISTRATION ACT

TITLE XIV—COMMUNITY POLICING

TITLE XV—DNA IDENTIFICATION

TITLE XVI—VIOLENCE AGAINST WOMEN

TITLE XVII—HATE CRIMES SENTENCING ENHANCEMENT

TITLE XVIII—USE OF FORMULA GRANTS TO PROSECUTE PERSONS

DRIVING WHILE INTOXICATED

TITLE XIX—YOUTH HANDGUN SAFETY

TITLE XX—SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS

TITLE XXI—ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS

TITLE XXII—JUVENILE DRUG TRAFFICKING AND GANG

PREVENTION GRANTS

TITLE XXIII—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR

STATE PRISONERS

TITLE XXIV—IMMIGRATION RELATED PROVISIONS AND CRIMINAL

ALIENS

TITLE XXV—RURAL CRIME

TITLE XXVI—COMMISSION ON CRIME AND VIOLENCE
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TITLE XXVII—POLICE CORPS AND LAW ENFORCEMENT

SCHOLARSHIP ACT

TITLE XXVIII—NATIONAL STALKER AND DOMESTIC VIOLENCE

REDUCTION

TITLE XXIX—PROTECTING THE PRIVACY OF INFORMATION IN

STATE MOTOR VEHICLE RECORDS

TITLE XXX—MISCELLANEOUS

1 TITLE I—VICTIMS OF CRIME

2 Subtitle A—Victims of Crime

3 SEC. 101. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.

4 Rule 32 of the Federal Rules of Criminal Procedure

5 is amended by—

6 (1) striking ‘‘and’’ following the semicolon in

7 subdivision (a)(1)(B);

8 (2) striking the period at the end of subdivision

9 (a)(1)(C) and inserting in lieu thereof ‘‘; and’’;

10 (3) inserting after subdivision (a)(1)(C) the

11 following:

12 ‘‘(D) if sentence is to be imposed for a crime

13 of violence or sexual abuse, address the victim

14 personally if the victim is present at the sentenc15 ing hearing and determine if the victim wishes

16 to make a statement and to present any informa17 tion in relation to the sentence.’’;

18 (4) in the second to last sentence of subdivision

19 (a)(1), striking ‘‘equivalent opportunity’’ and insert20 ing in lieu thereof ‘‘opportunity equivalent to that of

21 the defendant’s counsel’’;
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1 (5) in the last sentence of subdivision (a)(1) in2 serting ‘‘the victim,’’ before ‘‘or the attorney for the

3 Government.’’; and

4 (6) adding at the end the following:

5 ‘‘(f) DEFINITIONS.—For purposes of this rule—

6 ‘‘(1) ‘victim’ means any individual against

7 whom an offense for which a sentence is to be imposed

8 has been committed, but the right of allocution under

9 subdivision (a)(1)(D) may be exercised instead by—

10 ‘‘(A) a parent or legal guardian in case the

11 victim is below the age of eighteen years or in12 competent; or

13 ‘‘(B) one or more family members or rel14 atives designated by the court in case the victim

15 is deceased or incapacitated;

16 if such person or persons are present at the sentencing

17 hearing, regardless of whether the victim is present;

18 and

19 ‘‘(2) ‘crime of violence or sexual abuse’ means a

20 crime that involved the use or attempted or threatened

21 use of physical force against the person or property

22 of another, or a crime under chapter 109A of title 18,

23 United States Code.’’.
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1 Subtitle B—Crime Victims’ Fund

2 SEC. 111. ALLOCATION OF FUNDS FOR COSTS AND GRANTS.

3 (a) GENERALLY.—Section 1402(d) of the Victims of

4 Crime Act of 1984 (42 U.S.C. 10601(d)) is amended by—

5 (1) striking paragraph (2) and inserting the

6 following:

7 ‘‘(2) the next $10,000,000 deposited in the Fund

8 shall be available for grants under section 1404A.’’;

9 (2) striking paragraph (3) and inserting the

10 following:

11 ‘‘(3) Of the remaining amount deposited in the

12 Fund in a particular fiscal year—

13 ‘‘(A) 48 percent shall be available for grants

14 under section 1403;

15 ‘‘(B) 48 percent shall be available for grants

16 under section 1404(a); and

17 ‘‘(C) 4 percent shall be available for grants

18 under section 1404(c).’’;

19 (3) striking paragraph (4) and inserting the

20 following:

21 ‘‘(4) The Director may retain any portion of the

22 Fund that was deposited during a fiscal year that is

23 in excess of 110 percent of the total amount deposited

24 in the Fund during the preceding fiscal year as a re25 serve for use in a year in which the Fund falls below
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1 the amount available in the previous year. Such re2 serve may not exceed $20,000,000.’’; and

3 (4) striking paragraph (5).

4 (b) CONFORMING CROSS REFERENCE.—Section

5 1402(g)(1) of the Victims of Crime Act of 1984 (42 U.S.C.

6 10601(g)(1)) is amended by striking ‘‘(d)(2)(D)’’ and in7 serting ‘‘(d)(2)’’.

8 (c) AMOUNTS AWARDED AND UNSPENT.—Section

9 1402(e) of the Victims of Crime Act of 1984 (42 U.S.C.

10 10601(e)) is amended to read as follows:

11 ‘‘(e) AMOUNTS AWARDED AND UNSPENT.—Any sums

12 awarded as part of a grant under this chapter that remain

13 unspent at the end of a fiscal year in which such grant

14 is made may be expended for the purposes for which such

15 grant is made at any time during the next succeeding 2

16 fiscal years, at the end of which year any remaining unobli17 gated funds shall be returned to the Fund.’’.

18 SEC. 112. RELATIONSHIP OF CRIME VICTIM COMPENSATION

19 TO CERTAIN FEDERAL PROGRAMS.

20 Section 1403 of the Victims of Crime Act of 1984 (42

21 U.S.C. 10602) is amended by adding at the end the

22 following:

23 ‘‘(e) Notwithstanding any other provision of law, if the

24 compensation paid by an eligible crime victim compensa25 tion program would cover costs that a Federal program,
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1 or a federally financed State or local program, would other2 wise pay, then—

3 ‘‘(1) such crime victim compensation program

4 shall not pay that compensation; and

5 ‘‘(2) the other program shall make its payments

6 without regard to the existence of the crime victim

7 compensation program.’’.

8 SEC. 113. ADMINISTRATIVE COSTS FOR CRIME VICTIM COM9 PENSATION.

10 (a) CREATION OF EXCEPTION.—The final sentence of

11 section 1403(a)(1) of the Victims of Crime Act of 1984 (42

12 U.S.C. 10602(a)(1)) is amended by striking ‘‘A grant’’ and

13 inserting ‘‘Except as provided in paragraph (3), a grant’’.

14 (b) REQUIREMENTS OF EXCEPTION.—Section 1403(a)

15 of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a))

16 is amended by adding at the end the following new para17 graph:

18 ‘‘(3) Not more than 5 percent of a grant made under

19 this section may be used for the administration of the State

20 crime victim compensation program receiving the grant.’’.

21 SEC. 114. GRANTS FOR DEMONSTRATION PROJECTS.

22 Section 1404(c)(1)(A) of the Victims of Crime Act of

23 1984 (42 U.S.C. 10603(c)(1)(A)) is amended by inserting

24 ‘‘demonstration projects and’’ before ‘‘training’’.
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1 SEC. 115. ADMINISTRATIVE COSTS FOR CRIME VICTIM

2 ASSISTANCE.

3 (a) CREATION OF EXCEPTION.—Section 1404(b)(2) of

4 the Victims of Crime Act of 1984 (42 U.S.C. 10603(b)(2))

5 is amended by striking ‘‘An eligible’’ and inserting ‘‘Except

6 as provided in paragraph (3), an eligible’’.

7 (b) REQUIREMENTS OF EXCEPTION.—Section 1404(b)

8 of the Victims of Crime Act of 1984 (42 U.S.C. 10603(b))

9 is amended by adding at the end the following new sub10 section:

11 ‘‘(3) Not more than 5 percent of sums received under

12 subsection (a) may be used for the administration of the

13 State crime victim assistance program receiving such

14 sums.’’.

15 SEC. 116. MAINTENANCE OF EFFORT.

16 Section 1407 of the Victims of Crime Act of 1984 (42

17 U.S.C. 10604) is amended by adding at the end the follow18 ing new subsection:

19 ‘‘(h) Each entity receiving sums made available under

20 this Act for administrative purposes shall certify that such

21 sums will not be used to supplant State or local funds, but

22 will be used to increase the amount of such funds that

23 would, in the absence of Federal funds, be made available

24 for these purposes.’’.
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1 SEC. 117. CHANGE OF DUE DATE FOR REQUIRED REPORT.

2 Section 1407(g) of the Victims of Crime Act of 1984

3 (42 U.S.C. 10604(g)) is amended by striking ‘‘and on De4 cember 31 every two years thereafter’’, and inserting ‘‘and

5 on June 30 every two years thereafter’’.

6 Subtitle C—Report on Battered

7 Women’s Syndrome

8 SEC. 121. REPORT ON BATTERED WOMEN’S SYNDROME.

9 (a) REPORT.—Not less than 1 year after the date of

10 enactment of this Act, the Attorney General and the Sec11 retary of Health and Human Services shall transmit to the

12 House Committee on Energy and Commerce, the Senate

13 Committee on Labor and Human Resources, and the Com14 mittees on the Judiciary of the Senate and the House of

15 Representatives a report on the medical and psychological

16 basis of ‘‘battered women’s syndrome’’ and on the extent to

17 which evidence of the syndrome has been considered in a

18 criminal trial.

19 (b) COMPONENTS OF THE REPORT.—The report de20 scribed in subsection (a) shall include—

21 (1) medical and psychological testimony on the

22 validity of battered women’s syndrome as a psycho23 logical condition;

24 (2) a compilation of State and Federal court

25 cases in which evidence of battered women’s syndrome

26 was offered in criminal trials; and
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1 (3) an assessment by State and Federal judges,

2 prosecutors, and defense attorneys of the effects that

3 evidence of battered women’s syndrome may have in

4 criminal trials.

5 TITLE II—APPLICABILITY OF

6 MANDATORY MINIMUM PEN7 ALTIES IN CERTAIN CASES

8 SEC. 201. LIMITATION ON APPLICABILITY OF MANDATORY

9 MINIMUM PENALTIES IN CERTAIN CASES.

10 (a) IN GENERAL.—Section 3553 of title 18, United

11 States Code, is amended by adding at the end the following:

12 ‘‘(f) LIMITATION ON APPLICABILITY OF STATUTORY

13 MINIMUMS IN CERTAIN CASES.—Notwithstanding any

14 other provision of law, in the case of an offense under sec15 tion 401, 404, or 406 of the Controlled Substances Act or

16 section 1010 or 1013 of the Controlled Substances Import

17 and Export Act, the court shall impose a sentence pursuant

18 to guidelines established by the United States Sentencing

19 Commission, without regard to any statutory minimum

20 sentence, if the court finds at sentencing that—

21 ‘‘(1) the defendant does not have more than 1

22 criminal history point under the United States Sen23 tencing Commission Guidelines Manual;

24 ‘‘(2) the defendant did not use violence or credi25 ble threats of violence or possess a firearm or other
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1 dangerous weapon (or induce another participant to

2 do so) in connection with the offense;

3 ‘‘(3) the offense did not result in death or serious

4 bodily injury to any person;

5 ‘‘(4) the defendant was not an organizer, leader,

6 manager, or supervisor of others (as determined under

7 the United States Sentencing Commission Guidelines

8 Manual) in the offense; and

9 ‘‘(5) no later than the time of the sentencing

10 hearing, the defendant has provided to the Govern11 ment all information the defendant has concerning

12 the offense or offenses that were part of the same

13 course of conduct or of a common scheme or plan. The

14 fact that the defendant has no relevant or useful other

15 information to provide shall not preclude or require

16 a determination by the court that the defendant has

17 complied with this requirement.’’.

18 (b) SENTENCING COMMISSION AUTHORITY.—

19 (1) IN GENERAL.—The United States Sentencing

20 Commission (hereinafter in this section referred to as

21 the ‘‘Commission’’) may—

22 (A) make such amendments as the Commis23 sion deems necessary to harmonize the sentencing

24 guidelines and policy statements with this sec-
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1 tion and the amendment made by this section;

2 and

3 (B) promulgate policy statements to assist

4 in the application of this section and that

5 amendment.

6 (2) PROCEDURES.—If the Commission deter7 mines it is necessary to do so in order that the

8 amendments made under paragraph (1) may take ef9 fect on the effective date of the amendment made by

10 subsection (a), the Commission may promulgate the

11 amendments made under paragraph (1) in accord12 ance with the procedures set forth in section 21(a) of

13 the Sentencing Act of 1987, as though the authority

14 under that section had not expired.

15 (c) EFFECTIVE DATE AND APPLICATION.—The amend16 ment made by subsection (a) shall apply to all sentences

17 imposed on or after the 10th day beginning after the date

18 of the enactment of this Act.

19 SEC. 202. DIRECTION TO SENTENCING COMMISSION.

20 The United States Sentencing Commission shall pro21 mulgate sentencing guidelines or amend existing sentencing

22 guidelines with respect to cases where statutory minimum

23 sentences would apply but for section 3553(f) of title 18,

24 United States Code, to carry out the purposes of such sec25 tion, so that the lowest sentence in the guideline range is
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1 not less than 2 years in those cases where a 5-year mini2 mum would otherwise apply.

3 SEC. 203. SPECIAL RULE.

4 For the purpose of section 3582(c)(2) of title 18,

5 United States Code, with respect to a prisoner the court

6 determines has demonstrated good behavior while in prison,

7 the changes in sentencing made as a result of this Act shall

8 be deemed to be changes in the sentencing ranges by the

9 Sentencing Commission pursuant to section 994(o) of title

10 28, United States Code.

11 TITLE III—ASSAULTS AGAINST

12 CHILDREN

13 SEC. 301. ASSAULTS AGAINST CHILDREN.

14 (a) SIMPLE ASSAULT.—Section 113(e) of title 18,

15 United States Code, is amended by striking ‘‘by fine’’ and

16 all that follows through the period and inserting ‘‘—

17 ‘‘(A) if the victim of the assault is an individual

18 who has not attained the age of 16 years, by a fine

19 under this title or imprisonment for not more than

20 one year, or both; and

21 ‘‘(B) by a fine under this title or imprisonment

22 for not more than three months, or both, in any other

23 case.’’.
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1 (b) ASSAULTS RESULTING IN SUBSTANTIAL BODILY

2 INJURY.—Section 113 of title 18, United States Code, is

3 amended by adding at the end the following:

4 ‘‘(7) Assault resulting in substantial bodily in5 jury to an individual who has not attained the age

6 of 16 years, by a fine under this title or imprison7 ment for not more than 5 years, or both.’’.

8 (c) TECHNICAL AND STYLISTIC CHANGES TO SECTION

9 113.—Section 113 of title 18, United States Code, is

10 amended—

11 (1) in paragraph (b), by striking ‘‘of not more

12 than $3,000’’ and inserting ‘‘under this title’’;

13 (2) in paragraph (c), by striking ‘‘of not more

14 than $1,000’’ and inserting ‘‘under this title’’;

15 (3) in paragraph (d), by striking ‘‘of not more

16 than $500’’ and inserting ‘‘under this title’’;

17 (4) by modifying the left margin of each of para18 graphs (a) through (f) so that they are indented 2

19 ems;

20 (5) by redesignating paragraphs (a) through (f)

21 as paragraphs (1) through (6); and

22 (6) by inserting ‘‘(a)’’ before ‘‘Whoever’’.

23 (d) DEFINITIONS.—Section 113 of title 18, United

24 States Code, is amended by adding at the end the following:

25 ‘‘(b) As used in this subsection—
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1 ‘‘(1) the term ‘substantial bodily injury’ means

2 bodily injury which involves—

3 ‘‘(A) a temporary but substantial disfigure4 ment; or

5 ‘‘(B) a temporary but substantial loss or

6 impairment of the function of any bodily mem7 ber, organ, or mental faculty; and

8 ‘‘(2) the term ‘serious bodily injury’ has the

9 meaning given that term in section 1365 of this

10 title.’’.

11 (e) ASSAULTS IN INDIAN COUNTRY.—Section 1153(a)

12 of title 18, United States Code, is amended by inserting

13 ‘‘(as defined in section 1365 of this title), an assault against

14 an individual who has not attained the age of 16 years’’

15 after ‘‘serious bodily injury’’.

16 TITLE IV—CONSUMER

17 PROTECTION

18 SEC. 401. CRIMES BY OR AFFECTING PERSONS ENGAGED IN

19 THE BUSINESS OF INSURANCE WHOSE AC20 TIVITIES AFFECT INTERSTATE COMMERCE.

21 (a) IN GENERAL.—Chapter 47 of title 18, United

22 States Code, is amended by adding at the end thereof the

23 following new sections:
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1 ‘‘§1033. Crimes by or affecting persons engaged in the

2 business of insurance whose activities af3 fect interstate commerce

4 ‘‘(a)(1) Whoever is engaged in the business of insur5 ance whose activities affect interstate commerce and know6 ingly, with the intent to deceive, makes any false material

7 statement or report or willfully and materially overvalues

8 any land, property or security—

9 ‘‘(A) in connection with any financial reports or

10 documents presented to any insurance regulatory offi11 cial or agency or an agent or examiner appointed by

12 such official or agency to examine the affairs of such

13 person, and

14 ‘‘(B) for the purpose of influencing the actions of

15 such official or agency or such an appointed agent or

16 examiner,

17 shall be punished as provided in paragraph (2).

18 ‘‘(2) The punishment for an offense under paragraph

19 (1) is a fine as established under this title or imprisonment

20 for not more than 10 years, or both, except that the term

21 of imprisonment shall be not more than 15 years if the

22 statement or report or overvaluing of land, property, or se23 curity jeopardized the safety and soundness of an insurer

24 and was a significant cause of such insurer being placed

25 in conservation, rehabilitation, or liquidation by an appro26 priate court.
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1 ‘‘(b)(1) Whoever—

2 ‘‘(A) acting as, or being an officer, director,

3 agent, or employee of, any person engaged in the busi4 ness of insurance whose activities affect interstate

5 commerce, or

6 ‘‘(B) is engaged in the business of insurance

7 whose activities affect interstate commerce or is in8 volved (other than as an insured or beneficiary under

9 a policy of insurance) in a transaction relating to the

10 conduct of affairs of such a business,

11 willfully embezzles, abstracts, purloins, or misappropriates

12 any of the moneys, funds, premiums, credits, or other prop13 erty of such person so engaged shall be punished as provided

14 in paragraph (2).

15 ‘‘(2) The punishment for an offense under paragraph

16 (1) is a fine as provided under this title or imprisonment

17 for not more than 10 years, or both, except that if such

18 embezzlement, abstraction, purloining, or misappropriation

19 described in paragraph (1) jeopardized the safety and

20 soundness of an insurer and was a significant cause of such

21 insurer being placed in conservation, rehabilitation, or liq22 uidation by an appropriate court, such imprisonment shall

23 be not more than 15 years. If the amount or value so embez24 zled, abstracted, purloined, or misappropriated does not ex25 ceed $5,000, whoever violates paragraph (1) shall be fined
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1 as provided in this title or imprisoned not more than one

2 year, or both.

3 ‘‘(c)(1) Whoever is engaged in the business of insurance

4 and whose activities affect interstate commerce or is in5 volved (other than as an insured or beneficiary under a pol6 icy of insurance) in a transaction relating to the conduct

7 of affairs of such a business, knowingly makes any false

8 entry of material fact in any book, report, or statement of

9 such person engaged in the business of insurance with in10 tent to deceive any person, including any officer, employee,

11 or agent of such person engaged in the business of insur12 ance, any insurance regulatory official or agency, or any

13 agent or examiner appointed by such official or agency to

14 examine the affairs of such person, about the financial con15 dition or solvency of such business shall be punished as pro16 vided in paragraph (2).

17 ‘‘(2) The punishment for an offense under paragraph

18 (1) is a fine as provided under this title or imprisonment

19 for not more than 10 years, or both, except that if the false

20 entry in any book, report, or statement of such person jeop21 ardized the safety and soundness of an insurer and was a

22 significant cause of such insurer being placed in conserva23 tion, rehabilitation, or liquidation by an appropriate court,

24 such imprisonment shall be not more than 15 years.
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1 ‘‘(d) Whoever, by threats or force or by any threatening

2 letter or communication, corruptly influences, obstructs, or

3 impedes or endeavors corruptly to influence, obstruct, or

4 impede the due and proper administration of the law under

5 which any proceeding involving the business of insurance

6 whose activities affect interstate commerce is pending before

7 any insurance regulatory official or agency or any agent

8 or examiner appointed by such official or agency to exam9 ine the affairs of a person engaged in the business of insur10 ance whose activities affect interstate commerce, shall be

11 fined as provided in this title or imprisoned not more than

12 10 years, or both.

13 ‘‘(e)(1)(A) Any individual who has been convicted of

14 any criminal felony involving dishonesty or a breach of

15 trust, or who has been convicted of an offense under this

16 section, and who willfully engages in the business of insur17 ance whose activities affect interstate commerce or partici18 pates in such business, shall be fined as provided in this

19 title or imprisoned not more than 5 years, or both.

20 ‘‘(B) Any individual who is engaged in the business

21 of insurance whose activities affect interstate commerce and

22 who willfully permits the participation described in sub23 paragraph (A) shall be fined as provided in this title or

24 imprisoned not more than 5 years, or both.
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1 ‘‘(2) A person described in paragraph (1)(A) may en2 gage in the business of insurance or participate in such

3 business if such person has the written consent of any insur4 ance regulatory official authorized to regulate the insurer,

5 which consent specifically refers to this subsection.

6 ‘‘(f) As used in this section—

7 ‘‘(1) the term ‘business of insurance’ means—

8 ‘‘(A) the writing of insurance, or

9 ‘‘(B) the reinsuring of risks,

10 by an insurer, including all acts necessary or inci11 dental to such writing or reinsuring and the activities

12 of persons who act as, or are, officers, directors,

13 agents, or employees of insurers or who are other per14 sons authorized to act on behalf of such persons;

15 ‘‘(2) the term ‘insurer’ means any entity the

16 business activity of which is the writing of insurance

17 or the reinsuring of risks, and includes any person

18 who acts as, or is, an officer, director, agent, or em19 ployee of that business;

20 ‘‘(3) the term ‘interstate commerce’ means—

21 ‘‘(A) commerce within the District of Co22 lumbia, or any territory or possession of the

23 United States;
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1 ‘‘(B) all commerce between any point in the

2 State, territory, possession, or the District of Co3 lumbia and any point outside thereof;

4 ‘‘(C) all commerce between points within

5 the same State through any place outside such

6 State; or

7 ‘‘(D) all other commerce over which the

8 United States has jurisdiction; and

9 ‘‘(4) the term ‘State’ includes any State, the Dis10 trict of Columbia, the Commonwealth of Puerto Rico,

11 the Northern Mariana Islands, the Virgin Islands,

12 American Samoa, and the Trust Territory of the

13 Pacific Islands.

14 ‘‘§ 1034. Civil penalties and injunctions for violations

15 of section 1033

16 ‘‘(a) The Attorney General may bring a civil action

17 in the appropriate United States district court against any

18 person who engages in conduct constituting an offense

19 under section 1033 and, upon proof of such conduct by a

20 preponderance of the evidence, such person shall be subject

21 to a civil penalty of not more than $50,000 for each viola22 tion or the amount of compensation which the person re23 ceived or offered for the prohibited conduct, whichever

24 amount is greater. If the offense has contributed to the deci25 sion of a court of appropriate jurisdiction to issue an order
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1 directing the conservation, rehabilitation, or liquidation of

2 an insurer, such penalty shall be remitted to the appro3 priate regulatory official for the benefit of the policyholders,

4 claimants, and creditors of such insurer. The imposition of

5 a civil penalty under this subsection does not preclude any

6 other criminal or civil statutory, common law, or adminis7 trative remedy, which is available by law to the United

8 States or any other person.

9 ‘‘(b) If the Attorney General has reason to believe that

10 a person is engaged in conduct constituting an offense

11 under section 1033, the Attorney General may petition an

12 appropriate United States district court for an order pro13 hibiting that person from engaging in such conduct. The

14 court may issue an order prohibiting that person from en15 gaging in such conduct if the court finds that the conduct

16 constitutes such an offense. The filing of a petition under

17 this section does not preclude any other remedy which is

18 available by law to the United States or any other person.’’.

19 (b) CLERICAL AMENDMENT.—The table of sections for

20 chapter 47 of such title is amended by adding at the end

21 the following new items:

‘‘1033. Crimes by or affecting persons engaged in the business of insurance whose

activities affect interstate commerce.

‘‘1034. Civil penalties and injunctions for violations of section 1033.’’.
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1 SEC. 402. MISCELLANEOUS AMENDMENTS TO TITLE 18,

2 UNITED STATES CODE.

3 (a) TAMPERING WITH INSURANCE REGULATORY PRO4 CEEDINGS.—Section 1515(a)(1) of title 18, United States

5 Code, is amended—

6 (1) by striking ‘‘or’’ at the end of subparagraph

7 (B);

8 (2) by inserting ‘‘or’’ at the end of subparagraph

9 (C); and

10 (3) by adding at the end thereof the following

11 new subparagraph:

12 ‘‘(D) a proceeding involving the business of

13 insurance whose activities affect interstate com14 merce before any insurance regulatory official or

15 agency or any agent or examiner appointed by

16 such official or agency to examine the affairs of

17 any person engaged in the business of insurance

18 whose activities affect interstate commerce; or’’.

19 (b) LIMITATIONS.—Section 3293 of such title is

20 amended by inserting ‘‘1033,’’ after ‘‘1014,’’.

21 (c) OBSTRUCTION OF CRIMINAL INVESTIGATIONS.—

22 Section 1510 of title 18, United States Code, is amended

23 by adding at the end the following new subsection:

24 ‘‘(d)(1) Whoever—

25 ‘‘(A) acting as, or being, an officer, director,

26 agent or employee of a person engaged in the business
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1 of insurance whose activities affect interstate com2 merce, or

3 ‘‘(B) is engaged in the business of insurance

4 whose activities affect interstate commerce or is in5 volved (other than as an insured or beneficiary under

6 a policy of insurance) in a transaction relating to the

7 conduct of affairs of such a business,

8 with intent to obstruct a judicial proceeding, directly or in9 directly notifies any other person about the existence or con10 tents of a subpoena for records of that person engaged in

11 such business or information that has been furnished to a

12 Federal grand jury in response to that subpoena, shall be

13 fined as provided by this title or imprisoned not more than

14 5 years, or both.

15 ‘‘(2) As used in paragraph (1), the term ‘subpoena for

16 records’ means a Federal grand jury subpoena for records

17 that has been served relating to a violation of, or a conspir18 acy to violate, section 1033 of this title.’’.
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1 TITLE V—MANDATORY LIFE IM2 PRISONMENT FOR PERSONS

3 CONVICTED OF CERTAIN

4 FELONIES

5 SEC. 501. MANDATORY LIFE IMPRISONMENT FOR PERSONS

6 CONVICTED OF CERTAIN FELONIES.

7 Section 3559 of title 18, United States Code, is amend8 ed—

9 (1) in subsection (b), by striking ‘‘An’’ and in10 serting ‘‘Except as provided in subsection (c), an’’ in

11 lieu thereof; and

12 (2) by adding the following new subsection at the

13 end:

14 ‘‘(c) IMPRISONMENT OF CERTAIN CRIMINALS.—

15 ‘‘(1) MANDATORY LIFE IMPRISONMENT.—Not16 withstanding any other provision of law, a person

17 who is convicted in a court of the United States of

18 a serious violent felony or a serious drug offense shall

19 be sentenced to life imprisonment if—

20 ‘‘(A) the person has been convicted (and

21 those convictions have become final) on 2 or

22 more prior occasions, in a court of the United

23 States or of a State, of serious violent felonies or

24 serious drug offenses, or any combination of such

25 felonies and offenses; and
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1 ‘‘(B) each serious violent felony or serious

2 drug offense used as a basis for sentencing under

3 this subsection, other than the first, was commit4 ted after the defendant’s conviction of the preced5 ing serious violent felony or serious drug offense.

6 ‘‘(2) DEFINITIONS.—For purposes of this sub7 section—

8 ‘‘(A) the term ‘assault with intent to com9 mit rape’ means an offense that has as its ele10 ments engaging in physical conduct by which a

11 person intentionally places another person in

12 fear of aggravated sexual abuse or sexual abuse

13 (as described in sections 2241 and 2242 of this

14 title);

15 ‘‘(B) the term ‘arson’ means an offense that

16 has as its elements maliciously damaging or de17 stroying any building, inhabited structure, vehi18 cle, vessel, or real property by means of fire or

19 an explosive;

20 ‘‘(C) the term ‘extortion’ means an offense

21 that has as its elements the extraction of any22 thing of value from another person by threaten23 ing or placing that person in fear of injury to

24 any person or kidnapping of any person;
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1 ‘‘(D) the term ‘firearms use’ means an of2 fense that has as its elements those described in

3 section 924(c) or 929(a) of this title, if the fire4 arm was brandished, discharged, or otherwise

5 used as a weapon and the crime of violence or

6 drug trafficking crime during and relation to

7 which the firearm was used was subject to pros8 ecution in a court of the United States or a

9 court of a State, or both;

10 ‘‘(E) the term ‘kidnapping’ means an of11 fense that has as its elements the abduction, re12 straining, confining, or carrying away of an13 other person by force or threat of force;

14 ‘‘(F) the term ‘serious violent felony’

15 means—

16 ‘‘(i) a Federal or State offense, by

17 whatever designation and wherever commit18 ted, consisting of murder (as described in

19 section 1111 of this title); manslaughter

20 other than involuntary manslaughter (as

21 described in section 1112 of this title); as22 sault with intent to commit murder (as de23 scribed in section 113(a) of this title); as24 sault with intent to commit rape; aggra25 vated sexual abuse and sexual abuse (as de-
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1 scribed in sections 2241 and 2242 of this

2 title); abusive sexual contact (as described

3 in sections 2244 (a)(1) and (a)(2) of this

4 title); kidnapping; aircraft piracy (as de5 scribed in section 902(i)(2) or 902(n)(2) of

6 the Federal Aviation Act of 1958); robbery

7 (as described in section 2111, 2113, or 2118

8 of this title); carjacking (as described in sec9 tion 2119 of this title); extortion; arson;

10 firearms use; or attempt, conspiracy, or so11 licitation to commit any of the above of12 fenses; or

13 ‘‘(ii) any other offense punishable by a

14 maximum term of imprisonment of 10

15 years or more that has as an element the

16 use, attempted use, or threatened use of

17 physical force against the person of another

18 or that, by its nature, involves a substantial

19 risk that physical force against the person

20 of another may be used in the course of

21 committing the offense;

22 ‘‘(G) the term ‘State’ means a State of the

23 United States, the District of Columbia, or any

24 commonwealth, territory, or possession of the

25 United States; and
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1 ‘‘(H) the term ‘serious drug offense’

2 means—

3 ‘‘(i) an offense subject to a penalty pro4 vided for in section 401(b)(1)(A) or 408 of

5 the Controlled Substances Act or section

6 1010(b)(1)(A) of the Controlled Substances

7 Import and Export Act; or

8 ‘‘(ii) an offense under State law that,

9 had the offense been prosecuted in a court of

10 the United States, would have been subject

11 to a penalty provided for in section

12 401(b)(1)(A) or 408 of the Controlled Sub13 stances Act or section 1010(b)(1)(A) of the

14 Controlled Substances Import and Export

15 Act.

16 ‘‘(3) NONQUALIFYING FELONIES.—

17 ‘‘(A) ROBBERY IN CERTAIN CASES.—Rob18 bery, an attempt, conspiracy, or solicitation to

19 commit robbery; or an offense described in para20 graph (2)(F)(ii) shall not serve as a basis for

21 sentencing under this subsection if the defendant

22 establishes by clear and convincing evidence

23 that—

24 ‘‘(i) no firearm or other dangerous

25 weapon was used in the offense and no
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1 threat of use of a firearm or other dan2 gerous weapon was involved in the offense;

3 and

4 ‘‘(ii) the offense did not result in death

5 or serious bodily injury (as defined in sec6 tion 1365) to any person.

7 ‘‘(B) ARSON IN CERTAIN CASES.—Arson

8 shall not serve as a basis for sentencing under

9 this subsection if the defendant establishes by

10 clear and convincing evidence that—

11 ‘‘(i) the offense posed no threat to

12 human life; and

13 ‘‘(ii) the defendant reasonably believed

14 the offense posed no threat to human life.

15 ‘‘(4) INFORMATION FILED BY UNITED STATES AT16 TORNEY.—The provisions of section 411(a) of the

17 Controlled Substances Act (21 U.S.C. 851(a)) shall

18 apply to the imposition of sentence under this sub19 section.

20 ‘‘(5) RULE OF CONSTRUCTION.—This subsection

21 shall not be construed to preclude imposition of the

22 death penalty.

23 ‘‘(6) SPECIAL PROVISION FOR INDIAN COUN24 TRY.—No person subject to the criminal jurisdiction

25 of an Indian tribal government shall be subject to this
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1 subsection for any offense for which Federal jurisdic2 tion is solely predicated on Indian country as defined

3 in section 1151 of this title and which occurs within

4 the boundaries of such Indian country unless the gov5 erning body of the tribe has elected that this sub6 section have effect over land and persons subject to the

7 criminal jurisdiction of the tribe.

8 ‘‘(7) RESENTENCING UPON OVERTURNING OF

9 PRIOR CONVICTION.—If the conviction for a serious

10 violent felony which was a basis for sentencing under

11 this subsection is found, pursuant to any appropriate

12 State or Federal procedure, to be unconstitutional or

13 is vitiated on the explicit basis of innocence, or if the

14 convicted person is pardoned on the explicit basis of

15 innocence, the person serving a sentence imposed

16 under this subsection shall be resentenced to any sen17 tence that was available at the time of the original

18 sentencing.’’.

19 SEC. 502. LIMITED GRANT OF AUTHORITY TO BUREAU OF

20 PRISONS.

21 Section 3582(c)(1)(A) of title 18, United States Code,

22 is amended—

23 (1) so that the margin of the matter starting

24 with ‘‘extraordinary’’ and ending with ‘‘reduction’’
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1 the first place it appears is indented an additional

2 two ems;

3 (2) by inserting a one-em dash after ‘‘that’’ the

4 second place it appears;

5 (3) by inserting a semicolon after ‘‘reduction’’

6 the first place it appears;

7 (4) by indenting the first line of the matter re8 ferred to in paragraph (1) and designating that mat9 ter as clause (i); and

10 (5) by inserting after such matter the following:

11 ‘‘(ii) the defendant is at least 70 years

12 of age, has served at least 30 years in pris13 on, pursuant to a sentence imposed under

14 section 3559(c) of this title, for the offense

15 or offenses for which the defendant is cur16 rently imprisoned, and a determination has

17 been made by the Director of the Bureau of

18 Prisons that the defendant is not a danger

19 to the safety of any other person or the com20 munity, as provided under section 3142(g)

21 of this title;’’.
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1 TITLE VI—VIOLENT OFFENDER

2 INCARCERATION

3 SEC. 601. GRANTS FOR CORRECTIONAL FACILITIES.

4 (a) GRANT AUTHORIZATION.—The Attorney General

5 may make grants to individual States and to States orga6 nized as multi-State compacts, to develop, expand, modify,

7 or improve correctional facilities and programs to ensure

8 that prison cell space is available for the confinement of

9 violent offenders.

10 (b) ELIGIBILITY.—To be eligible to receive a grant

11 under this title, a State or States organized as multi-State

12 compacts, shall submit an application to the Attorney Gen13 eral which includes—

14 (1) assurances that the State or States, have im15 plemented, or will implement, correctional policies

16 and programs, including truth in sentencing laws

17 that ensure that violent offenders serve a substantial

18 portion of the sentences imposed, that are designed to

19 provide sufficiently severe punishment for violent

20 ofenders, including violent juvenile offenders, and that

21 the prison time served is appropriately related to the

22 determination that the inmate is a violent offender

23 and for a period of time deemed necessary to protect

24 the public;
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1 (2) assurances that the State or States have im2 plemented policies that provide for the recognition of

3 the rights and needs of crime victims;

4 (3) assurances that funds received under this sec5 tion will be used to develop, expand, modify, or im6 prove correctional facilities and programs to ensure

7 that prison cell space is available for the confinement

8 of violent offenders;

9 (4) assurances that the State or States have a

10 comprehensive correctional plan which represents an

11 integrated approach to the management and oper12 ation of correctional facilities and programs and

13 which includes diversional programs, particularly

14 drug diversion programs, community corrections pro15 grams, a prisoner screening and security classifica16 tion system, prisoner rehabilitation and treatment

17 programs, prisoner work activities (including, to the

18 extent practicable, activities relating to the develop19 ment, expansion, modification, or improvement of

20 correctional facilities), and job skills programs, a pre21 release prisoner assessment to provide risk reduction

22 management, post-release assistance, and an assess23 ment of recidivism rates;

24 (5) assurances that the State or States have in25 volved counties and other units of local government,
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1 when appropriate, in the development, expansion,

2 modification, or improvement of correctional facilities

3 and programs designed to ensure the incarceration of

4 violent offenders;

5 (6) assurances that funds received under this sec6 tion will be used to supplement, not supplant, other

7 Federal, State, and local funds; and

8 (7) documentation of the multi-State compact

9 agreement that specifies the development, expansion,

10 modification, or improvement of correctional facilities

11 and programs.

12 (c) CONSIDERATION.—The Attorney General, in mak13 ing such grants, shall give consideration to the special bur14 den placed on States which incarcerate a substantial num15 ber of inmates who are in the United States illegally.

16 (d) MATCHING REQUIREMENT.—The Federal share of

17 a grant received under this title may not exceed 75 percent

18 of the costs of a proposal described in an application ap19 proved under this title.

20 SEC. 602. RULES AND REGULATIONS.

21 The Attorney General shall issue rules and regulations

22 regarding the uses of grant funds received under this title

23 not later than 90 days after the date of the enactment of

24 this title.
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1 SEC. 603. TECHNICAL ASSISTANCE AND TRAINING.

2 The Attorney General may request that the Director

3 of the National Institute of Corrections and the Director

4 of the Federal Bureau of Prisons provide technical assist5 ance and training to a State or States that receive a grant

6 under this title to achieve the purposes of this title.

7 SEC. 604. EVALUATION.

8 The Attorney General may request the Director of the

9 National Institute of Corrections to assist with an evalua10 tion of programs established with funds under this title.

11 SEC. 605. DEFINITION.

12 For purposes of this title, the term ‘‘State or States’’

13 means any State, the District of Columbia, the Common14 wealth of Puerto Rico, the United States Virgin Islands,

15 American Samoa, Guam, and the Northern Mariana

16 Islands.

17 SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated $600,000,000

19 for each of the fiscal years 1995 through 1999 to carry out

20 the purposes of this title.

21 TITLE VII—DEATH PENALTY

22 SEC. 701. CONSTITUTIONAL PROCEDURES FOR THE IMPOSI23 TION OF THE SENTENCE OF DEATH.

24 Part II of title 18 of the United States Code is amend25 ed by adding the following new chapter after chapter 227:
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1 ‘‘CHAPTER 228—DEATH SENTENCE

‘‘Sec.

‘‘3591. Sentence of death.

‘‘3592. Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified.

‘‘3593. Special hearing to determine whether a sentence of death is justified.

‘‘3594. Imposition of a sentence of death.

‘‘3595. Review of a sentence of death.

‘‘3596. Implementation of a sentence of death.

‘‘3597. Use of State facilities.

‘‘3598. Special provisions for Indian country.

2 ‘‘§ 3591. Sentence of death

3 ‘‘A defendant who has been found guilty of—

4 ‘‘(1) an offense described in section 794 or sec5 tion 2381 of this title;

6 ‘‘(2) any other offense for which a sentence of

7 death is provided, if the defendant, as determined be8 yond a reasonable doubt at the hearing under section

9 3593—

10 ‘‘(A) intentionally killed the victim;

11 ‘‘(B) intentionally inflicted serious bodily

12 injury that resulted in the death of the victim;

13 ‘‘(C) intentionally participated in an act,

14 contemplating that the life of a person would be

15 taken or intending that lethal force would be

16 used in connection with a person, other than one

17 of the participants in the offense, and the victim

18 died as a direct result of the act; or

19 ‘‘(D) intentionally and specifically engaged

20 in an act of violence, knowing that the act cre-
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1 ated a grave risk of death to a person, other than

2 one of the participants in the offense, such that

3 participation in the act constituted a reckless

4 disregard for human life and the victim died as

5 a direct result of the act;

6 ‘‘(3) an offense referred to in section 408(c)(1) of

7 the Controlled Substances Act (21 U.S.C. 848(c)(1)),

8 committed as part of a continuing criminal enter9 prise offense under the conditions described in sub10 section (b) of that section which involved not less than

11 twice the quantity of controlled substance described in

12 subsection (b)(2)(A) of that section or twice the gross

13 receipts described in subsection (b)(2)(B) of that sec14 tion; or

15 ‘‘(4) an offense referred to in section 408(c)(1) of

16 the Controlled Substances Act (21 U.S.C. 848(c)(1)),

17 committed as part of a continuing criminal enter18 prise offense under that section, where the defendant

19 is a principal administrator, organizer, or leader of

20 such an enterprise, and the defendant, in order to ob21 struct the investigation or prosecution of the enter22 prise or an offense involved in the enterprise, at23 tempts to kill or knowingly directs, advises, author24 izes, or assists another to attempt to kill any public
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1 officer, juror, witness, or members of the family or

2 household of such a person;

3 shall be sentenced to death if, after consideration of the fac4 tors set forth in section 3592 in the course of a hearing

5 held pursuant to section 3593, it is determined that imposi6 tion of a sentence of death is justified, except that no person

7 may be sentenced to death who was less than 18 years of

8 age at the time of the offense.

9 ‘‘§ 3592. Mitigating and aggravating factors to be con10 sidered in determining whether a sen11 tence of death is justified

12 ‘‘(a) MITIGATING FACTORS.—In determining whether

13 a sentence of death is to be imposed on a defendant, the

14 finder of fact shall consider any mitigating factor, includ15 ing the following:

16 ‘‘(1) IMPAIRED CAPACITY.—The defendant’s ca17 pacity to appreciate the wrongfulness of the defend18 ant’s conduct or to conform conduct to the require19 ments of law was significantly impaired, regardless of

20 whether the capacity was so impaired as to constitute

21 a defense to the charge.

22 ‘‘(2) DURESS.—The defendant was under un23 usual and substantial duress, regardless of whether

24 the duress was of such a degree as to constitute a de25 fense to the charge.
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1 ‘‘(3) MINOR PARTICIPATION.—The defendant is

2 punishable as a principal (as defined in section 2 of

3 title 18 of the United States Code) in the offense,

4 which was committed by another, but the defendant’s

5 participation was relatively minor, regardless of

6 whether the participation was so minor as to con7 stitute a defense to the charge.

8 ‘‘(4) EQUALLY CULPABLE DEFENDANTS.—An9 other defendant or defendants, equally culpable in the

10 crime, will not be punished by death.

11 ‘‘(5) NO PRIOR CRIMINAL RECORD.—The defend12 ant did not have a significant prior history of other

13 criminal conduct.

14 ‘‘(6) DISTURBANCE.—The defendant committed

15 the offense under severe mental or emotional disturb16 ance.

17 ‘‘(7) VICTIM’S CONSENT.—The victim consented

18 to the criminal conduct that resulted in the victim’s

19 death.

20 ‘‘(8) OTHER FACTORS.—Other factors in the de21 fendant’s background, record, or character or any

22 other circumstance of the offense that mitigate against

23 imposition of the death sentence.

24 ‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND

25 TREASON.—In determining whether a sentence of death is
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1 justified for an offense described in section 3591(1), the

2 jury, or if there is no jury, the court, shall consider each

3 of the following aggravating factors for which notice has

4 been given and determine which, if any, exist:

5 ‘‘(1) PRIOR ESPIONAGE OR TREASON OFFENSE.—

6 The defendant has previously been convicted of an7 other offense involving espionage or treason for which

8 a sentence of either life imprisonment or death was

9 authorized by law.

10 ‘‘(2) GRAVE RISK TO NATIONAL SECURITY.—In

11 the commission of the offense the defendant knowingly

12 created a grave risk of substantial danger to the na13 tional security.

14 ‘‘(3) GRAVE RISK OF DEATH.—In the commis15 sion of the offense the defendant knowingly created a

16 grave risk of death to another person.

17 The jury, or if there is no jury, the court, may consider

18 whether any other aggravating factor for which notice has

19 been given exists.

20 ‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE.—In de21 termining whether a sentence of death is justified for an

22 offense described in section 3591(2), the jury, or if there

23 is no jury, the court, shall consider each of the following

24 aggravating factors for which notice has been given and de25 termine which, if any, exist:
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1 ‘‘(1) DEATH DURING COMMISSION OF ANOTHER

2 CRIME.—The death, or injury resulting in death, oc3 curred during the commission or attempted commis4 sion of, or during the immediate flight from the com5 mission of, an offense under section 32 (destruction of

6 aircraft or aircraft facilities), section 33 (destruction

7 of motor vehicles or motor vehicle facilities), section

8 36 (violence at international airports), section 351

9 (violence against Members of Congress, Cabinet offi10 cers, or Supreme Court Justices), an offense under

11 section 751 (prisoners in custody of institution or of12 ficer), section 794 (gathering or delivering defense in13 formation to aid foreign government), section 844(d)

14 (transportation of explosives in interstate commerce

15 for certain purposes), section 844(f) (destruction of

16 Government property by explosives), section 1118

17 (prisoners serving life term), section 1201 (kidnap18 ping), section 844(i) (destruction of property affecting

19 interstate commerce by explosives), section 1116 (kill20 ing or attempted killing of diplomats), section 1203

21 (hostage taking), section 1992 (wrecking trains), sec22 tion 2280 (maritime violence), section 2281 (mari23 time platform violence), section 2332 (terrorist acts

24 abroad against United States nationals), section 2339

25 (use of weapons of mass destruction), or section 2381
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1 (treason) of this title, or section 902 (i) or (n) of the

2 Federal Aviation Act of 1958 (49 U.S.C. 1472 (i) or

3 (n)) (aircraft piracy).

4 ‘‘(2) PREVIOUS CONVICTION OF VIOLENT FELONY

5 INVOLVING FIREARM.—For any offense, other than an

6 offense for which a sentence of death is sought on the

7 basis of section 924(c) of this title, as amended by this

8 Act, the defendant has previously been convicted of a

9 Federal or State offense punishable by a term of im10 prisonment of more than one year, involving the use

11 or attempted or threatened use of a firearm, as

12 defined in section 921 of this title, against another

13 person.

14 ‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR

15 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON16 MENT WAS AUTHORIZED.—The defendant has pre17 viously been convicted of another Federal or State of18 fense resulting in the death of a person, for which a

19 sentence of life imprisonment or a sentence of death

20 was authorized by statute.

21 ‘‘(4) PREVIOUS CONVICTION OF OTHER SERIOUS

22 OFFENSES.—The defendant has previously been con23 victed of two or more Federal or State offenses, pun24 ishable by a term of imprisonment of more than one

25 year, committed on different occasions, involving the
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1 infliction of, or attempted infliction of, serious bodily

2 injury or death upon another person.

3 ‘‘(5) GRAVE RISK OF DEATH TO ADDITIONAL

4 PERSONS.—The defendant, in the commission of the

5 offense, or in escaping apprehension for the violation

6 of the offense, knowingly created a grave risk of death

7 to one or more persons in addition to the victim of

8 the offense.

9 ‘‘(6) HEINOUS, CRUEL, OR DEPRAVED MANNER

10 OF COMMITTING OFFENSE.—The defendant committed

11 the offense in an especially heinous, cruel, or depraved

12 manner in that it involved torture or serious physical

13 abuse to the victim.

14 ‘‘(7) PROCUREMENT OF OFFENSE BY PAYMENT.—

15 The defendant procured the commission of the offense

16 by payment, or promise of payment, of anything of

17 pecuniary value.

18 ‘‘(8) PECUNIARY GAIN.—The defendant commit19 ted the offense as consideration for the receipt, or in

20 the expectation of the receipt, of anything of pecu21 niary value.

22 ‘‘(9) SUBSTANTIAL PLANNING AND

23 PREMEDITATION.—The defendant committed the of24 fense after substantial planning and premeditation to
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1 cause the death of a person or commit an act of ter2 rorism.

3 ‘‘(10) CONVICTION FOR TWO FELONY DRUG OF4 FENSES.—The defendant has previously been con5 victed of two or more State or Federal offenses pun6 ishable by a term of imprisonment of more than one

7 year, committed on different occasions, involving the

8 distribution of a controlled substance.

9 ‘‘(11) VULNERABILITY OF VICTIM.—The victim

10 was particularly vulnerable due to old age, youth, or

11 infirmity.

12 ‘‘(12) CONVICTION FOR SERIOUS FEDERAL DRUG

13 OFFENSES.—The defendant had previously been con14 victed of violating title II or title III of the Controlled

15 Substances Act for which a sentence of 5 or more

16 years may be imposed or had previously been con17 victed of engaging in a continuing criminal enter18 prise.

19 ‘‘(13) CONTINUING CRIMINAL ENTERPRISE IN20 VOLVING DRUG SALES TO MINORS.—The defendant

21 committed the offense in the course of engaging in a

22 continuing criminal enterprise in violation of section

23 408(c) of the Controlled Substances Act and that vio24 lation involved the distribution of drugs to persons
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1 under the age of 21 in violation of section 418 of such

2 Act.

3 ‘‘(14) HIGH PUBLIC OFFICIALS.—The defendant

4 committed the offense against—

5 ‘‘(A) the President of the United States, the

6 President-elect, the Vice President, the Vice7 President-elect, the Vice-President-designate, or,

8 if there is no Vice President, the officer next in

9 order of succession to the office of the President

10 of the United States, or any person who is acting

11 as President under the Constitution and laws of

12 the United States;

13 ‘‘(B) a Chief of State, head of government,

14 or the political equivalent, of a foreign nation;

15 ‘‘(C) a foreign official listed in section

16 1116(b)(3)(A) of this title, if the official is in the

17 United States on official business; or

18 ‘‘(D) a Federal public servant who is a

19 judge, a law enforcement officer, or an employee

20 of a United States penal or correctional institu21 tion—

22 ‘‘(i) while he or she is engaged in the

23 performance of his or her official duties;

24 ‘‘(ii) because of the performance of his

25 or her official duties; or
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1 ‘‘(iii) because of his or her status as a

2 public servant.

3 For purposes of this subparagraph, a ‘law en4 forcement officer’ is a public servant authorized

5 by law or by a Government agency or Congress

6 to conduct or engage in the prevention, inves7 tigation, or prosecution or adjudication of an of8 fense, and includes those engaged in corrections,

9 parole, or probation functions.

10 ‘‘(15) PRIOR CONVICTION OF SEXUAL ASSAULT

11 OR CHILD MOLESTATION.—In the case of an offense

12 under chapter 109A (sexual abuse) or chapter 110

13 (sexual abuse of children), the defendant has pre14 viously been convicted of a crime of sexual assault or

15 crime of child molestation.

16 ‘‘(d) AGGRAVATING FACTORS FOR DRUG OFFENSE

17 DEATH PENALTY.—In determining whether to recommend

18 a sentence of death for an offense described in paragraph

19 (3), (4), or (5) of section 3591, the jury, or if there is no

20 jury, the court, shall consider any aggravating factor for

21 which notice has been provided under section 3593 of this

22 title, including the following factors:

23 ‘‘(1) PREVIOUS CONVICTION OF OFFENSE FOR

24 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON25 MENT WAS AUTHORIZED.—The defendant has pre-
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1 viously been convicted of another Federal or State of2 fense resulting in the death of a person, for which a

3 sentence of life imprisonment or death was authorized

4 by statute.

5 ‘‘(2) PREVIOUS CONVICTION OF OTHER SERIOUS

6 OFFENSES.—The defendant has previously been con7 victed of two or more Federal or State offenses, each

8 punishable by a term of imprisonment of more than

9 one year, committed on different occasions, involving

10 the importation, manufacture, or distribution of a

11 controlled substance (as defined in section 102 of the

12 Controlled Substances Act (21 U.S.C. 802)) or the in13 fliction of, or attempted infliction of, serious bodily

14 injury or death upon another person.

15 ‘‘(3) PREVIOUS SERIOUS DRUG FELONY CONVIC16 TION.—The defendant has previously been convicted of

17 another Federal or State offense involving the manu18 facture, distribution, importation, or possession of a

19 controlled substance (as defined in section 102 of the

20 Controlled Substances Act (21 U.S.C. 802)) for which

21 a sentence of five or more years of imprisonment was

22 authorized by statute.

23 ‘‘(4) USE OF FIREARM.—In committing the of24 fense, or in furtherance of a continuing criminal en25 terprise of which the offense was a part, the defendant
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1 used a firearm or knowingly directed, advised, au2 thorized, or assisted another to use a firearm, as de3 fined in section 921 of this title, to threaten, intimi4 date, assault, or injure a person.

5 ‘‘(5) DISTRIBUTION TO PERSONS UNDER TWEN6 TY-ONE.—The offense, or a continuing criminal enter7 prise of which the offense was a part, involved con8 duct proscribed by section 418 of the Controlled Sub9 stances Act which was committed directly by the de10 fendant or for which the defendant would be liable

11 under section 2 of this title.

12 ‘‘(6) DISTRIBUTION NEAR SCHOOLS.—The of13 fense, or a continuing criminal enterprise of which

14 the offense was a part, involved conduct proscribed by

15 section 419 of the Controlled Substances Act which

16 was committed directly by the defendant or for which

17 the defendant would be liable under section 2 of this

18 title.

19 ‘‘(7) USING MINORS IN TRAFFICKING.—The of20 fense or a continuing criminal enterprise of which the

21 offense was a part, involved conduct proscribed by

22 section 420 of the Controlled Substances Act which

23 was committed directly by the defendant or for which

24 the defendant would be liable under section 2 of this

25 title.
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1 ‘‘(8) LETHAL ADULTERANT.—The offense in2 volved the importation, manufacture, or distribution

3 of a controlled substance (as defined in section 102 of

4 the Controlled Substances Act (21 U.S.C. 802)) mixed

5 with a potentially lethal adulterant, and the defend6 ant was aware of the presence of the adulterant.

7 The jury, or if there is no jury, the court, may consider

8 whether any other aggravating factor for which notice has

9 been given exists.

10 ‘‘§ 3593. Special hearing to determine whether a sen11 tence of death is justified

12 ‘‘(a) NOTICE BY THE GOVERNMENT.—If, in a case in13 volving an offense described in section 3591, the attorney

14 for the government believes that the circumstances of the of15 fense are such that a sentence of death is justified under

16 this chapter, the attorney shall, a reasonable time before the

17 trial or before acceptance by the court of a plea of guilty,

18 sign and file with the court, and serve on the defendant,

19 a notice—

20 ‘‘(1) stating that the government believes that the

21 circumstances of the offense are such that, if the de22 fendant is convicted, a sentence of death is justified

23 under this chapter and that the government will seek

24 the sentence of death; and
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1 ‘‘(2) setting forth the aggravating factor or fac2 tors that the government, if the defendant is convicted,

3 proposes to prove as justifying a sentence of death.

4 The factors for which notice is provided under this sub5 section may include factors concerning the effect of the of6 fense on the victim and the victim’s family, and may in7 clude oral testimony, a victim impact statement that identi8 fies the victim of the offense and the extent and scope of

9 the injury and loss suffered by the victim and the victim’s

10 family, and any other relevant information. The court may

11 also permit the attorney for the government to amend the

12 notice upon a showing of good cause.

13 ‘‘(b) HEARING BEFORE A COURT OR JURY.—If the at14 torney for the government has filed a notice as required

15 under subsection (a) and the defendant is found guilty of

16 or pleads guilty to an offense described in section 3591, the

17 judge who presided at the trial or before whom the guilty

18 plea was entered, or another judge if that judge is unavail19 able, shall conduct a separate sentencing hearing to deter20 mine the punishment to be imposed. The hearing shall be

21 conducted—

22 ‘‘(1) before the jury that determined the defend23 ant’s guilt;

24 ‘‘(2) before a jury impaneled for the purpose of

25 the hearing if—
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1 ‘‘(A) the defendant was convicted upon a

2 plea of guilty;

3 ‘‘(B) the defendant was convicted after a

4 trial before the court sitting without a jury;

5 ‘‘(C) the jury that determined the defend6 ant’s guilt was discharged for good cause; or

7 ‘‘(D) after initial imposition of a sentence

8 under this section, reconsideration of the sentence

9 under this section is necessary; or

10 ‘‘(3) before the court alone, upon the motion of

11 the defendant.

12 A jury impaneled pursuant to paragraph (2) shall consist

13 of 12 members, unless, at any time before the conclusion

14 of the hearing, the parties stipulate, with the approval of

15 the court, that it shall consist of a lesser number.

16 ‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC17 TORS.—Notwithstanding rule 32(c) of the Federal Rules of

18 Criminal Procedure, when a defendant is found guilty or

19 pleads guilty to an offense under section 3591, no

20 presentence report shall be prepared. At the sentencing hear21 ing, information may be presented as to any matter rel22 evant to the sentence, including any mitigating or aggra23 vating factor permitted or required to be considered under

24 section 3592. Information presented may include the trial

25 transcript and exhibits if the hearing is held before a jury
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1 or judge not present during the trial. The defendant may

2 present any information relevant to a mitigating factor.

3 The government may present any information relevant to

4 an aggravating factor for which notice has been provided

5 under subsection (a). The government and the defendant

6 shall be permitted to rebut any information received at the

7 hearing, and shall be given fair opportunity to present ar8 gument as to the adequacy of the information to establish

9 the existence of any aggravating or mitigating factor, and

10 as to the appropriateness in the case of imposing a sentence

11 of death. The government shall open the argument. The de12 fendant shall be permitted to reply. The government shall

13 then be permitted to reply in rebuttal. The burden of estab14 lishing the existence of any aggravating factor is on the gov15 ernment, and is not satisfied unless the existence of such

16 a factor is established beyond a reasonable doubt. The bur17 den of establishing the existence of any mitigating factor

18 is on the defendant, and is not satisfied unless the existence

19 of such a factor is established by a preponderance of the

20 information.

21 ‘‘(d) RETURN OF SPECIAL FINDINGS.—The jury, or if

22 there is no jury, the court, shall consider all the information

23 received during the hearing. It shall return special findings

24 identifying any aggravating factor or factors set forth in

25 section 3592 found to exist and any other aggravating fac-
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1 tor for which notice has been provided under subsection (a)

2 found to exist. A finding with respect to a mitigating factor

3 may be made by 1 or more members of the jury, and any

4 member of the jury who finds the existence of a mitigating

5 factor may consider such factor established for purposes of

6 this section regardless of the number of jurors who concur

7 that the factor has been established. A finding with respect

8 to any aggravating factor must be unanimous. If no aggra9 vating factor set forth in section 3592 is found to exist, the

10 court shall impose a sentence other than death authorized

11 by law.

12 ‘‘(e) RETURN OF A FINDING CONCERNING A SENTENCE

13 OF DEATH.—If, an aggravating factor required to be con14 sidered under section 3592 is found to exist, the jury, or

15 if there is no jury, the court, shall then consider whether

16 the aggravating factor or factors found to exist outweigh

17 any mitigating factors. The jury, or if there is no jury, the

18 court shall recommend a sentence of death if it unanimously

19 finds at least one aggravating factor and no mitigating fac20 tor or if it finds one or more aggravating factors which

21 outweigh any mitigating factors. In any other case, it shall

22 not recommend a sentence of death. The jury shall be in23 structed that it must avoid any influence of sympathy, sen24 timent, passion, prejudice, or other arbitrary factors in its

25 decision, and should make such a recommendation as the
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1 information warrants. The jury shall be instructed that its

2 recommendation concerning a sentence of death is to be

3 based on the aggravating factor or factors and any mitigat4 ing factors which have been found, but that the final deci5 sion concerning the balance of aggravating and mitigating

6 factors is a matter for the jury’s judgment.

7 ‘‘(f) SPECIAL PRECAUTION TO ENSURE AGAINST DIS8 CRIMINATION.—In a hearing held before a jury, the court,

9 prior to the return of a finding under subsection (e), shall

10 instruct the jury that, in considering whether a sentence

11 of death is justified, it shall not consider the race, color,

12 religious beliefs, national origin, or sex of the defendant or

13 of any victim and that the jury is not to recommend a sen14 tence of death unless it has concluded that it would rec15 ommend a sentence of death for the crime in question no

16 matter what the race, color, religious beliefs, national ori17 gin, or sex of the defendant or of any victim may be. The

18 jury, upon return of a finding under subsection (e), shall

19 also return to the court a certificate, signed by each juror,

20 that consideration of the race, color, religious beliefs, na21 tional origin, or sex of the defendant or any victim was

22 not involved in reaching his or her individual decision and

23 that the individual juror would have made the same rec24 ommendation regarding a sentence for the crime in question
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1 no matter what the race, color, religious beliefs, national

2 origin, or sex of the defendant or any victim may be.

3 ‘‘§ 3594. Imposition of a sentence of death

4 ‘‘Upon a recommendation under section 3593(e) that

5 the defendant should be sentenced to death, the court shall

6 sentence the defendant accordingly. Otherwise, the court

7 shall impose any lesser sentence that is authorized by law.

8 Notwithstanding any other provision of law, if the maxi9 mum term of imprisonment for the offense is life imprison10 ment, the court may impose a sentence of life imprisonment

11 without possibility of release.

12 ‘‘§ 3595. Review of a sentence of death

13 ‘‘(a) APPEAL.—In a case in which a sentence of death

14 is imposed, the sentence shall be subject to review by the

15 court of appeals upon appeal by the defendant. Notice of

16 appeal must be filed within the time specified for the filing

17 of a notice of appeal. An appeal under this section may

18 be consolidated with an appeal of the judgment of convic19 tion and shall have priority over all other cases.

20 ‘‘(b) REVIEW.—The court of appeals shall review the

21 entire record in the case, including—

22 ‘‘(1) the evidence submitted during the trial;

23 ‘‘(2) the information submitted during the sen24 tencing hearing;
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1 ‘‘(3) the procedures employed in the sentencing

2 hearing; and

3 ‘‘(4) the special findings returned under section

4 3593(d).

5 ‘‘(c) DECISION AND DISPOSITION.—

6 ‘‘(1) The court of appeals shall address all sub7 stantive and procedural issues raised on the appeal of

8 a sentence of death, and shall consider whether the

9 sentence of death was imposed under the influence of

10 passion, prejudice, or any other arbitrary factor and

11 whether the evidence supports the special finding of

12 the existence of an aggravating factor required to be

13 considered under section 3592.

14 ‘‘(2) Whenever the court of appeals finds that—

15 ‘‘(A) the sentence of death was imposed

16 under the influence of passion, prejudice, or any

17 other arbitrary factor;

18 ‘‘(B) the admissible evidence and informa19 tion adduced does not support the special finding

20 of the existence of the required aggravating fac21 tor; or

22 ‘‘(C) the proceedings involved any other

23 legal error requiring reversal of the sentence that

24 was properly preserved for appeal under the

25 rules of criminal procedure,
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1 the court shall remand the case for reconsideration

2 under section 3593 or imposition of a sentence other

3 than death.

4 ‘‘(3) The court of appeals shall state in writing

5 the reasons for its disposition of an appeal of a sen6 tence of death under this section.

7 ‘‘(4) The sentence shall be affirmed if the court

8 finds that a remaining aggravating factor found to

9 exist is one allowed under section 3592 of this title

10 and that the remaining aggravating factor or factors

11 found to exist sufficiently outweigh any mitigating

12 factors found to exist.

13 ‘‘§ 3596. Implementation of a sentence of death

14 ‘‘(a) IN GENERAL.—A person who has been sentenced

15 to death pursuant to the provisions of this chapter shall

16 be committed to the custody of the Attorney General until

17 exhaustion of the procedures for appeal of the judgment of

18 conviction and for review of the sentence. When the sentence

19 is to be implemented, the Attorney General shall release the

20 person sentenced to death to the custody of a United States

21 marshal, who shall supervise implementation of the sentence

22 in the manner prescribed by the law of the State in which

23 the sentence is imposed. If the law of such State does not

24 provide for implementation of a sentence of death, the court

25 shall designate another State, the law of which does provide
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1 for the implementation of a sentence of death, and the sen2 tence shall be implemented in the latter State in the manner

3 prescribed by such law.

4 ‘‘(b) PREGNANT WOMAN.—A sentence of death shall not

5 be carried out upon a woman while she is pregnant.

6 ‘‘(c) MENTAL CAPACITY.—A sentence of death shall not

7 be carried out upon a person who is mentally retarded. A

8 sentence of death shall not be carried out upon a person

9 who, as a result of mental disability, lacks the mental ca10 pacity to understand the death penalty and why it was im11 posed on that person.

12 ‘‘§ 3597. Use of State facilities

13 ‘‘(a) IN GENERAL.—A United States marshal charged

14 with supervising the implementation of a sentence of death

15 may use appropriate State or local facilities for the pur16 pose, may use the services of an appropriate State or local

17 official or of a person such an official employs for the pur18 pose, and shall pay the costs thereof in an amount approved

19 by the Attorney General.

20 ‘‘(b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELI21 GIOUS GROUNDS.—No employee of any State department

22 of corrections, the United States Department of Justice, the

23 Federal Bureau of Prisons, or the United States Marshals

24 Service, and no employee providing services to that depart25 ment, bureau, or service under contract shall be required,
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1 as a condition of that employment or contractual obliga2 tion, to be in attendance at or to participate in any pros3 ecution or execution under this section if such participation

4 is contrary to the moral or religious convictions of the em5 ployee. For purposes of this subsection, the term ‘participa6 tion’ includes personal preparation of the condemned indi7 vidual and the apparatus used for execution and super8 vision of the activities of other personnel in carrying out

9 such activities.

10 ‘‘§ 3598. Special provisions for Indian country

11 ‘‘Notwithstanding sections 1152 and 1153, no person

12 subject to the criminal jurisdiction of an Indian tribal gov13 ernment shall be subject to a capital sentence under this

14 chapter for any offense the Federal jurisdiction for which

15 is predicated solely on Indian country as defined in section

16 1151 of this title, and which has occurred within the bound17 aries of such Indian country, unless the governing body of

18 the tribe has elected that this chapter have effect over land

19 and persons subject to its criminal jurisdiction.’’.

20 (b) AMENDMENT OF CHAPTER ANALYSIS.—The chap21 ter analysis of part II of title 18, United States Code, is

22 amended by adding the following new item after the item

23 relating to chapter 227:

‘‘228. Death sentence .............................................................................. 3591’’.
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1 SEC. 702. CONFORMING CHANGES TO SPECIFIC OFFENSES

2 FOR WHICH DEATH PENALTY IS AUTHORIZED.

3 (a) CONFORMING CHANGES IN TITLE 18.—Title 18,

4 United States Code, is amended as follows:

5 (1) ESPIONAGE.—Section 794(a) of title 18,

6 United States Code, is amended by striking the period

7 at the end of the subsection and inserting ‘‘, except

8 that the sentence of death shall not be imposed unless

9 the jury or, if there is no jury, the court, further finds

10 that the offense resulted in the identification by a for11 eign power (as defined in section 101(a) of the For12 eign Intelligence Surveillance Act of 1978) of an indi13 vidual acting as an agent of the United States and

14 consequently in the death of that individual, or di15 rectly concerned nuclear weaponry, military space16 craft or satellites, early warning systems, or other

17 means of defense or retaliation against large-scale at18 tack; war plans; communications intelligence or cryp19 tographic information; or any other major weapons

20 system or major element of defense

21 strategy.’’.

22 (2) MURDER.—The second undesignated para23 graph of section 1111(b) of title 18, United States

24 Code, is amended to read as follows:

25 ‘‘Whoever is guilty of murder in the first degree shall

26 be punished by death or by imprisonment for life;’’.
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1 (3) KILLING OF FOREIGN OFFICIALS OR INTER2 NATIONALLY PROTECTED PERSONS.—Section 1116(a)

3 of title 18, United States Code, is amended by strik4 ing ‘‘any such person who is found guilty of murder

5 in the first degree shall be sentenced to imprisonment

6 for life, and’’.

7 (4) KIDNAPPING.—Section 1201(a) of title 18,

8 United States Code, is amended by inserting after ‘‘or

9 for life’’ the following: ‘‘and, if the death of any per10 son results, shall be punished by death or life impris11 onment’’.

12 (5) NONMAILABLE INJURIOUS ARTICLES.—The

13 last paragraph of section 1716 of title 18, United

14 States Code, is amended by striking the comma after

15 ‘‘imprisonment for life’’ and inserting a period and

16 striking the remainder of the paragraph.

17 (6) WRECKING TRAINS.—The second to the last

18 undesignated paragraph of section 1992 of title 18,

19 United States Code, is amended by striking the

20 comma after ‘‘imprisonment for life’’ and inserting a

21 period and striking the remainder of the section.

22 (7) BANK ROBBERY.—Section 2113(e) of title 18,

23 United States Code, is amended by striking ‘‘or pun24 ished by death if the verdict of the jury shall so di-
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1 rect’’ and inserting ‘‘or if death results shall be pun2 ished by death or life imprisonment’’.

3 (8) EXPLOSIVE MATERIALS.—(A) Section 844(d)

4 of title 18, United States Code, is amended by strik5 ing ‘‘as provided in section 34 of this title’’.

6 (B) Section 844(f) of title 18, United States

7 Code, is amended by striking ‘‘as provided in section

8 34 of this title’’.

9 (C) Section 844(i) of title 18, United States

10 Code, is amended by striking ‘‘as provided in section

11 34 of this title’’.

12 (9) DEATH PENALTY FOR THE MURDER OF FED13 ERAL LAW ENFORCEMENT OFFICIALS.—Section 1114

14 of title 18, United States Code, is amended by strik15 ing ‘‘punished as provided under sections 1111 and

16 1112 of this title,’’ and inserting ‘‘punished, in the

17 case of murder, by a sentence of death or life impris18 onment as provided under section 1111 of this title,

19 or, in the case of manslaughter, a sentence as pro20 vided under section 1112 of this title,’’.

21 (b) CONFORMING AMENDMENT TO FEDERAL AVIATION

22 ACT OF 1954.—Section 903 of the Federal Aviation Act of

23 1958 (49 U.S.C. 1473) is amended by striking subsection

24 (c) and by striking the item relating to subsection (c) in

25 the table of contents at the beginning of such Act.
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1 (c) AIRCRAFT AND MOTOR VEHICLES.—Section 34 of

2 title 18, United States Code, is amended by striking the

3 comma after ‘‘imprisonment for life’’ and inserting a period

4 and striking the remainder of the section.

5 SEC. 703. AUTHORIZATION OF DEATH PENALTY FOR EXIST6 ING OFFENSES.

7 (a) HOSTAGE TAKING.—Section 1203(a) of title 18,

8 United States Code, is amended by inserting after ‘‘or for

9 life’’ the following: ‘‘and, if the death of any person results,

10 shall be punished by death or life imprisonment’’.

11 (b) MURDER FOR HIRE.—Section 1958(a) of title 18,

12 United States Code, is amended by striking ‘‘and if death

13 results, shall be subject to imprisonment for any term of

14 years or for life, or shall be fined not more than $50,000,

15 or both’’ and inserting ‘‘and if death results, shall be pun16 ished by death or life imprisonment, or shall be fined under

17 this title, or both’’.

18 (c) RACKETEERING.—Section 1959(a)(1) of title 18,

19 United States Code, is amended to read as follows:

20 ‘‘(1) for murder, by death or life imprisonment,

21 or a fine under this title, or both; and for kidnapping,

22 by imprisonment for any term of years or for life, or

23 a fine under this title, or both;’’.

24 (d) GENOCIDE.—Section 1091(b)(1) of title 18, United

25 States Code, is amended by striking ‘‘, a fine of not more
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1 than $1,000,000 and imprisonment for life;’’ and inserting

2 ‘‘, where death results, by death or imprisonment for life

3 and a fine under this title, or both;’’.

4 (e) CARJACKING.—Section 2119(3) of title 18, United

5 States Code, is amended to read as follows:

6 ‘‘(3) if death results, be punished by death or im7 prisoned for any term of years or for life, fined under

8 this title, or both.’’

9 (f) DEATH PENALTY FOR RAPE AND CHILD MOLESTA10 TION MURDERS.—

11 (1) OFFENSE.—Chapter 109A of title 18, United

12 States Code, is amended by redesignating section

13 2245 as section 2246, and by inserting after section

14 2244 the following:

15 ‘‘§ 2245. Sexual abuse resulting in death

16 ‘‘Whoever, in the course of an offense under this chap17 ter, engages in conduct that results in the death of a person,

18 shall be punished by death or imprisoned for any term of

19 years or for life.’’.

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of chapter 109A of title 18,

22 United States Code, is amended by striking the item

23 for section 2245 and adding the following:

‘‘2245. Sexual abuse resulting in death.

‘‘2246. Definitions for chapter.’’.
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1 (g) DEATH PENALTY FOR SEXUAL EXPLOITATION OF

2 CHILDREN.—Section 2251(d) of title 18, United States

3 Code, is amended by adding at the end the following: ‘‘Who4 ever, in the course of an offense under this section, engages

5 in conduct that results in the death of a person, shall be

6 punished by death or imprisoned for any term of years or

7 for life.’’.

8 (h) HOMICIDES AND ATTEMPTED HOMICIDES INVOLV9 ING FIREARMS IN FEDERAL FACILITIES.—Section 930 of

10 title 18, United States Code, is amended—

11 (1) by redesignating subsections (c), (d), (e), (f),

12 and (g) as subsections (d), (e), (f), (g), and (h), re13 spectively;

14 (2) in subsection (a), by striking ‘‘(c)’’ and in15 serting ‘‘(d)’’;

16 (3) inserting after subsection (b) the following:

17 ‘‘(c) Whoever kills or attempts to kill any person in

18 the course of a violation of subsection (a) or (b), or in the

19 course of an attack on a Federal facility involving the use

20 of a firearm or other dangerous weapon, shall be punished

21 as provided in sections 1111, 1112, and 1113 of this title.’’;

22 (4) in subsection (e)(2) (as so redesignated), by

23 striking ‘‘(c)’’ and inserting ‘‘(d)’’; and

24 (5) in subsection (h) (as so redesignated)—
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1 (A) by striking ‘‘and (b)’’ and inserting ‘‘,

2 (b), and (c)’’; and

3 (B) by striking ‘‘(d)’’ each place it appears

4 and inserting ‘‘(e)’’.

5 (i) DEATH PENALTY FOR MURDER OF FEDERAL WIT6 NESSES.—Section 1512(a)(2)(A) of title 18, United States

7 Code, is amended to read as follows:

8 ‘‘(A) in the case of murder as defined in section

9 1111 of this title, the death penalty or imprisonment

10 for life, and in the case of any other killing, the pun11 ishment provided in section 1112 of this title; and’’.

12 (j) PROTECTION OF COURT OFFICERS AND JURORS.—

13 Section 1503 of title 18, United States Code, is amended—

14 (1) by designating the current text as subsection

15 (a);

16 (2) by striking ‘‘fined not more than $5,000 or

17 imprisoned not more than five years, or both.’’ and

18 inserting ‘‘punished as provided in subsection (b).’’;

19 (3) by adding at the end the following:

20 ‘‘(b) The punishment for an offense under this section

21 is—

22 ‘‘(1) in the case of a killing, the punishment pro23 vided in sections 1111 and 1112 of this title;

24 ‘‘(2) in the case of an attempted killing, or a

25 case in which the offense was committed against a
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1 petit juror and in which a class A or B felony was

2 charged, imprisonment for not more than twenty

3 years, a fine under this title, or both; and

4 ‘‘(3) in any other case, imprisonment for not

5 more than ten years, a fine under this title, or both.’’;

6 and

7 (4) in subsection (a), as so designated by this

8 section, by striking ‘‘commissioner’’ each place it ap9 pears and inserting ‘‘magistrate judge’’.

10 (k) FOREIGN MURDER OF UNITED STATES NATION11 ALS.—

12 (1) IN GENERAL.—Chapter 51 of title 18, United

13 States Code, is amended by adding at the end thereof

14 the following new section:

15 ‘‘§ 1118. Foreign murder of United States nationals

16 ‘‘(a) Whoever, being a national of the United States,

17 kills or attempts to kill a national of the United States

18 while such national is outside the United States but within

19 the jurisdiction of another country shall be punished as pro20 vided under sections 1111, 1112, and 1113 of this title.

21 ‘‘(b) No prosecution may be instituted against any

22 person under this section except upon the written approval

23 of the Attorney General, the Deputy Attorney General, or

24 an Assistant Attorney General, which function of approving

25 prosecutions may not be delegated. No prosecution shall be
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1 approved if prosecution has been previously undertaken by

2 a foreign country for the same conduct.

3 ‘‘(c) No prosecution shall be approved under this sec4 tion unless the Attorney General, in consultation with the

5 Secretary of State, determines that the conduct took place

6 in a country in which the person is no longer present, and

7 the country lacks the ability to lawfully secure the person’s

8 return. A determination by the Attorney General under this

9 subsection is not subject to judicial review.

10 ‘‘(d) As used in this section, the term ‘national of the

11 United States’ has the meaning given such term in section

12 101(a)(22) of the Immigration and Nationality Act (8

13 U.S.C. 1101(a)(22)).’’.

14 (2) CONFORMING AMENDMENT.—Section 1117 of

15 title 18, United States Code, is amended by striking

16 ‘‘or 1116’’ and inserting ‘‘1116, or 1118’’.

17 (3) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of chapter 51 of title 18, Unit19 ed States Code, is amended by adding at the end the

20 following new item:

‘‘1118. Foreign murder of United States nationals.’’.

21 (l) DEATH PENALTY FOR CIVIL RIGHTS MURDERS.—

22 (1) CONSPIRACY AGAINST RIGHTS.—Section 241

23 of title 18, United States Code, is amended by strik24 ing the period at the end of the last sentence and in25 serting ‘‘, or may be sentenced to death.’’.
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1 (2) DEPRIVATION OF RIGHTS UNDER COLOR OF

2 LAW.—Section 242 of title 18, United States Code, is

3 amended by striking the period at the end of the last

4 sentence and inserting ‘‘, or may be sentenced to

5 death.’’.

6 (3) FEDERALLY PROTECTED ACTIVITIES.—Sec7 tion 245(b) of title 18, United States Code, is amend8 ed in the matter following paragraph (5) by inserting

9 ‘‘, or may be sentenced to death’’ after ‘‘or for life’’.

10 (4) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUC11 TION OF THE FREE EXERCISE OF RELIGIOUS

12 RIGHTS.—Section 247(c)(1) of title 18, United States

13 Code, is amended by inserting ‘‘, or may be sentenced

14 to death’’ after ‘‘or both’’.

15 SEC. 704. DEATH PENALTY FOR MURDER BY A FEDERAL

16 PRISONER.

17 (a) IN GENERAL.—Chapter 51 of title 18, United

18 States Code, is amended by adding at the end the following:

19 ‘‘§ 1119. Murder by a Federal prisoner

20 ‘‘(a) OFFENSE.—Whoever, while confined in a Federal

21 correctional institution under a sentence for a term of life

22 imprisonment, commits the murder of another shall be pun23 ished by death or by life imprisonment.

24 ‘‘(b) DEFINITIONS.—For the purposes of this section—
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1 ‘‘(1) the term ‘Federal correctional institution’

2 means any Federal prison, Federal correctional facil3 ity, Federal community program center, or Federal

4 halfway house;

5 ‘‘(2) the term ‘term of life imprisonment’ means

6 a sentence for the term of natural life, a sentence com7 muted to natural life, an indeterminate term of a

8 minimum of at least fifteen years and a maximum of

9 life, or an unexecuted sentence of death; and

10 ‘‘(3) the term ‘murder’ means a first degree or

11 second degree murder as defined by section 1111 of

12 this title.’’.

13 (b) CLERICAL AMENDMENT.—The table of sections at

14 the beginning of chapter 51 of title 18, United States Code,

15 is amended by adding at the end thereof the following:

‘‘1119. Murder by a Federal prisoner.’’.

16 SEC. 705. MURDER BY ESCAPED PRISONERS.

17 (a) IN GENERAL.—Chapter 51 of title 18, United

18 States Code, is amended by adding at the end the following:

19 ‘‘§ 1120. Murder by escaped prisoners

20 ‘‘(a) IN GENERAL.—Whoever, having escaped from a

21 Federal prison where such person was confined under a sen22 tence for a term of life imprisonment, kills another shall

23 be punished as provided in sections 1111 and 1112 of this

24 title.
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1 ‘‘(b) DEFINITION.—As used in this section, the terms

2 ‘Federal prison’ and ‘term of life imprisonment’ have the

3 meanings given those terms in section 1119 of this title.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections at

5 the beginning of chapter 51 of title 18, United States Code,

6 is amended by adding at the end the following:

‘‘1120. Murder by escaped prisoners.’’.

7 SEC. 706. DRIVE-BY SHOOTINGS.

8 (a) IN GENERAL.—Section 922 of title 18, United

9 States, Code, is amended by adding at the end the following:

10 ‘‘(v) It shall be unlawful for any person knowingly

11 to—

12 ‘‘(1) discharge a firearm from within a motor

13 vehicle; and

14 ‘‘(2) thereby create a grave risk to human life.’’.

15 (b) PENALTY.—Section 924(a) of such title is amended

16 by adding at the end the following:

17 ‘‘(6) Whoever knowingly violates section 922(v) shall

18 be fined under this title or imprisoned not more than 25

19 years, or both, and if death results, shall be punished by

20 death or imprisonment for life or any term of years.’’.

21 SEC. 707. DEATH PENALTY FOR GUN MURDERS DURING

22 FEDERAL CRIMES OF VIOLENCE AND DRUG

23 TRAFFICKING CRIMES.

24 Section 924 of title 18, United States Code, is amended

25 by adding at the end the following:
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1 ‘‘(j) Whoever, in the course of a violation of subsection

2 (c) of this section, causes the death of a person through the

3 use of a firearm, shall—

4 ‘‘(1) if the killing is a murder as defined in sec5 tion 1111 of this title, be punished by death or by im6 prisonment for any term of years or for life; and

7 ‘‘(2) if the killing is manslaughter as defined in

8 section 1112 of this title, be punished as provided in

9 that section.’’.

10 SEC. 708. DEATH PENALTY FOR THE MURDER OF STATE OR

11 LOCAL OFFICIALS ASSISTING FEDERAL LAW

12 ENFORCEMENT OFFICIALS AND STATE COR13 RECTIONAL OFFICERS.

14 (a) IN GENERAL.—Chapter 51 of title 18, United

15 States Code is amended by adding at the end the

16 following:

17 ‘‘§ 1121. Killing persons aiding Federal investigations

18 or State correctional officers

19 ‘‘(a) Whoever intentionally kills—

20 ‘‘(1) a State or local official, law enforcement of21 ficer, or other officer or employee while working with

22 Federal law enforcement officials in furtherance of a

23 Federal criminal investigation—

24 ‘‘(A) while the victim is engaged in the per25 formance of official duties;
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1 ‘‘(B) because of the performance of the vic2 tim’s official duties; or

3 ‘‘(C) because of the victim’s status as a pub4 lic servant; or

5 ‘‘(2) any person assisting a Federal criminal in6 vestigation, while that assistance is being rendered

7 and because of it,

8 shall be sentenced according to the terms of section 1111

9 of this title, including by sentence of death or by imprison10 ment for life.

11 ‘‘(b)(1) Whoever, in a circumstance described in para12 graph (3) of this subsection, while incarcerated, inten13 tionally kills any State correctional officer engaged in, or

14 on account of the performance of such officer’s official du15 ties, shall be sentenced to a term of imprisonment which

16 shall not be less than 20 years, and may be sentenced to

17 life imprisonment or death.

18 ‘‘(2) As used in this section, the term, ‘State correc19 tional officer’ includes any officer or employee of any pris20 on, jail, or other detention facility, operated by, or under

21 contract to, either a State or local governmental agency,

22 whose job responsibilities include providing for the custody

23 of incarcerated individuals.

24 ‘‘(3) The circumstance referred to in paragraph (1) of

25 this subsection is that—
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1 ‘‘(A) the correctional officer is engaged in trans2 porting the incarcerated person interstate; or

3 ‘‘(B) the incarcerated person is incarcerated pur4 suant to a conviction for an offense against the Unit5 ed States.’’.

6 (b) CLERICAL AMENDMENT.—The table of sections at

7 the beginning of chapter 51 of title 18, United States Code,

8 is amended by adding at the end the following:

‘‘1121. Killing persons aiding Federal investigations or State correctional officers.’’.

9 SEC. 709. PROHIBITION OF RETALIATORY KILLINGS OF WIT10 NESSES, VICTIMS AND INFORMANTS.

11 Section 1513 of title 18, United States Code, is

12 amended—

13 (1) by redesignating subsections (a) and (b) as

14 subsections (b) and (c), respectively; and

15 (2) by inserting after the section heading a new

16 subsection (a) as follows:

17 ‘‘(a)(1) Whoever kills or attempts to kill another person

18 with intent to retaliate against any person for—

19 ‘‘(A) the attendance of a witness or party at an

20 official proceeding, or any testimony given or any

21 record, document, or other object produced by a wit22 ness in an official proceeding; or

23 ‘‘(B) any information relating to the commission

24 or possible commission of a Federal offense or a viola-
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1 tion of conditions of probation, parole or release

2 pending judicial proceedings given by a person to a

3 law enforcement officer;

4 shall be punished as provided in paragraph (2).

5 ‘‘(2) The punishment for an offense under this sub6 section is—

7 ‘‘(A) in the case of a killing, the punishment pro8 vided in sections 1111 and 1112 of this title; and

9 ‘‘(B) in the case of an attempt, imprisonment for

10 not more than twenty years, a fine under this title,

11 or both.’’.

12 SEC. 710. WEAPONS OF MASS DESTRUCTION.

13 (a) OFFENSE.—Chapter 113A of title 18, United

14 States Code, is amended by inserting after section 2332 the

15 following new section:

16 ‘‘§ 2332a. Use of weapons of mass destruction

17 ‘‘(a) Whoever uses, or attempts or conspires to use, a

18 weapon of mass destruction—

19 ‘‘(1) against a national of the United States

20 while such national is outside of the United States;

21 ‘‘(2) against any person within the United

22 States; or

23 ‘‘(3) against any property that is owned, leased

24 or used by the United States or by any department
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1 or agency of the United States, whether the property

2 is within or outside of the United States;

3 shall be imprisoned for any term of years or for life, and

4 if death results, shall be punished by death or imprisoned

5 for any term of years or for life.

6 ‘‘(b) For purposes of this section—

7 ‘‘(1) the term ‘national of the United States’ has

8 the meaning given in section 101(a)(22) of the Immi9 gration and Nationality Act (8 U.S.C. 1101(a)(22));

10 and

11 ‘‘(2) the term ‘weapon of mass destruction’

12 means—

13 ‘‘(A) any destructive device as defined in

14 section 921 of this title;

15 ‘‘(B) poison gas;

16 ‘‘(C) any weapon involving a disease orga17 nism; or

18 ‘‘(D) any weapon that is designed to release

19 radiation or radioactivity at a level dangerous to

20 human life.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections at

22 the beginning of chapter 113A of title 18, United States

23 Code, is amended by inserting after the item relating to

24 section 2332 the following:

‘‘2332a. Use of weapons of mass destruction.’’.
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1 SEC. 711. VIOLENCE AT AIRPORTS SERVING INTER2 NATIONAL CIVIL AVIATION.

3 (a) OFFENSE.—Chapter 2 of title 18, United States

4 Code, is amended by adding at the end the following:

5 ‘‘§ 36. Violence at international airports

6 ‘‘(a) Whoever unlawfully and intentionally, using any

7 device, substance or weapon—

8 ‘‘(1) performs an act of violence against a person

9 at an airport serving international civil aviation

10 which causes or is likely to cause serious bodily in11 jury (as defined in section 1365 of this title) or death;

12 or

13 ‘‘(2) destroys or seriously damages the facilities

14 of an airport serving international civil aviation or

15 a civil aircraft not in service located thereon or

16 disrupts the services of the airport;

17 if such an act endangers or is likely to endanger safety at

18 that airport, or attempts to do such an act, shall be fined

19 under this title or imprisoned not more than twenty years,

20 or both; and if the death of any person results from conduct

21 prohibited by this subsection, shall be punished by death

22 or imprisoned for any term of years or for life.

23 ‘‘(b) There is jurisdiction over the prohibited activity

24 in subsection (a) if—

25 ‘‘(1) the prohibited activity takes place in the

26 United States; or
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1 ‘‘(2) the prohibited activity takes place outside of

2 the United States and the offender is later found in

3 the United States.

4 ‘‘(c) It is a bar to Federal prosecution under subsection

5 (a) for conduct that occurred within the United States that

6 the conduct involved—

7 ‘‘(1) a domestic dispute solely affecting and be8 tween members of the same family or household or be9 tween social acquaintances; or

10 ‘‘(2) was during or in relation to a labor dis11 pute, and such conduct was prohibited as a felony

12 under the law of the State in which it was committed.

13 For purposes of this section, the term ‘labor dispute’ has

14 the meaning set forth in section 2(c) of the Norris15 LaGuardia Act (29 U.S.C. 113(c)).’’.

16 (b) CLERICAL AMENDMENT.—The table of sections at

17 the beginning of chapter 2 of title 18, United States Code,

18 is amended by adding at the end the following:

‘‘36. Violence at international airports.’’.

19 (c) EFFECTIVE DATE.—This section shall take effect

20 on the later of—

21 (1) the date of the enactment of this Act; or

22 (2) the date the Protocol for the Suppression of

23 Unlawful Acts of Violence at Airports Serving Inter24 national Civil Aviation, Supplementary to the Con25 vention for the Suppression of Unlawful Acts Against
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1 the Safety of Civil Aviation, done at Montreal on 23

2 September 1971, has come into force and the United

3 States has become a party to the Protocol.

4 SEC. 712. OFFENSES OF VIOLENCE AGAINST MARITIME

5 NAVIGATION OR FIXED PLATFORMS.

6 (a) OFFENSES.—Chapter 111 of title 18, United States

7 Code, is amended by adding at the end the

8 following:

9 ‘‘§ 2280. Violence against maritime navigation

10 ‘‘(a) Whoever unlawfully and intentionally—

11 ‘‘(1) seizes or exercises control over a ship by

12 force or threat thereof or any other form of intimida13 tion;

14 ‘‘(2) performs an act of violence against a person

15 on board a ship if that act is likely to endanger the

16 safe navigation of that ship;

17 ‘‘(3) destroys a ship or causes damage to a ship

18 or to its cargo which is likely to endanger the safe

19 navigation of that ship;

20 ‘‘(4) places or causes to be placed on a ship, by

21 any means whatsoever, a device or substance which is

22 likely to destroy that ship, or cause damage to that

23 ship or its cargo which endangers or is likely to en24 danger the safe navigation of that ship;
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1 ‘‘(5) destroys or seriously damages maritime

2 navigational facilities or seriously interferes with

3 their operation, if such act is likely to endanger the

4 safe navigation of a ship;

5 ‘‘(6) communicates information, knowing the in6 formation to be false and under circumstances in

7 which such information may reasonably be believed,

8 thereby endangering the safe navigation of a ship;

9 ‘‘(7) injures or kills any person in connection

10 with the commission or the attempted commission of

11 any of the offenses set forth in paragraphs (1) through

12 (6); or

13 ‘‘(8) attempts to do any act prohibited under

14 paragraphs (1) through (7);

15 shall be fined under this title or imprisoned not more than

16 twenty years, or both; and if the death of any person results,

17 from conduct prohibited by this subsection, shall be pun18 ished by death or imprisoned for any term of years or for

19 life.

20 ‘‘(b) Whoever threatens to do any act prohibited under

21 paragraph (2), (3) or (5) of subsection (a), with apparent

22 determination and will to carry the threat into execution,

23 if the threatened act is likely to endanger the safe naviga24 tion of the ship in question, shall be fined under this title

25 or imprisoned not more than five years, or both.
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1 ‘‘(c) There is jurisdiction over the prohibited activity

2 in subsections (a) and (b)—

3 ‘‘(1) in the case of a covered ship, if—

4 ‘‘(A) such activity is committed—

5 ‘‘(i) against or on board a ship flying

6 the flag of the United States at the time the

7 prohibited activity is committed;

8 ‘‘(ii) in the United States and the ac9 tivity is not prohibited as a crime by the

10 State in which the activity takes place; or

11 ‘‘(iii) the activity takes place on a ship

12 flying the flag of a foreign country or out13 side the United States, by a national of the

14 United States or by a stateless person whose

15 habitual residence is in the United States;

16 ‘‘(B) during the commission of such activ17 ity, a national of the United States is seized,

18 threatened, injured or killed; or

19 ‘‘(C) the offender is later found in the Unit20 ed States after such activity is committed;

21 ‘‘(2) in the case of a ship navigating or sched22 uled to navigate solely within the territorial sea or

23 internal waters of a country other than the United

24 States, if the offender is later found in the United

25 States after such activity is committed; and
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1 ‘‘(3) in the case of any vessel, if such activity is

2 committed in an attempt to compel the United States

3 to do or abstain from doing any act.

4 ‘‘(d) It is a bar to Federal prosecution under sub5 section (a) for conduct that occurred within the United

6 States that the conduct involved—

7 ‘‘(1) a domestic dispute solely affecting and be8 tween members of the same family or household or be9 tween social acquaintances; or

10 ‘‘(2) was during or in relation to a labor dis11 pute, and such conduct was prohibited as a felony

12 under the law of the State in which it was committed.

13 For purposes of this section, the term ‘labor dispute’ has

14 the meaning set forth in section 2(c) of the Norris15 LaGuardia Act (29 U.S.C. 113(c)).

16 ‘‘(e) The master of a covered ship flying the flag of

17 the United States who has reasonable grounds to believe that

18 there is on board that ship any person who has committed

19 an offense under Article 3 of the Convention for the Sup20 pression of Unlawful Acts Against the Safety of Maritime

21 Navigation may deliver such person to the authorities of

22 a State Party to that Convention. Before delivering such

23 person to the authorities of another country, the master

24 shall notify in an appropriate manner the Attorney General

25 of the United States of the alleged offense and await instruc-
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1 tions from the Attorney General as to what action to take.

2 When delivering the person to a country which is a State

3 Party to the Convention, the master shall, whenever prac4 ticable, and if possible before entering the territorial sea of

5 such country, notify the authorities of such country of the

6 master’s intention to deliver such person and the reasons

7 therefor. If the master delivers such person, the master shall

8 furnish to the authorities of such country the evidence in

9 the master’s possession that pertains to the alleged offense.

10 ‘‘(f) As used in this section—

11 ‘‘(1) the term ‘ship’ means a vessel of any type

12 whatsoever not permanently attached to the sea-bed,

13 including dynamically supported craft, submersibles

14 or any other floating craft; but such term does not in15 clude a warship, a ship owned or operated by a gov16 ernment when being used as a naval auxiliary or for

17 customs or police purposes, or a ship which has been

18 withdrawn from navigation or laid up;

19 ‘‘(2) the term ‘covered ship’ means a ship that is

20 navigating or is scheduled to navigate into, through

21 or from waters beyond the outer limit of the terri22 torial sea of a single country or a lateral limit of that

23 country’s territorial sea with an adjacent country;

24 ‘‘(3) the term ‘national of the United States’ has

25 the meaning given such term in section 101(a)(22) of
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1 the Immigration and Nationality Act (8 U.S.C.

2 1101(a)(22));

3 ‘‘(4) the term ‘territorial sea of the United

4 States’ means all waters extending seaward to 12

5 nautical miles from the baselines of the United States

6 determined in accordance with international law; and

7 ‘‘(5) the term ‘United States’, when used in a

8 geographical sense, includes the Commonwealth of

9 Puerto Rico, the Commonwealth of the Northern Mar10 iana Islands and all territories and possessions of the

11 United States.

12 ‘‘§ 2281. Violence against maritime fixed platforms

13 ‘‘(a) Whoever unlawfully and intentionally—

14 ‘‘(1) seizes or exercises control over a fixed plat15 form by force or threat thereof or any other form of

16 intimidation;

17 ‘‘(2) performs an act of violence against a person

18 on board a fixed platform if that act is likely to en19 danger its safety;

20 ‘‘(3) destroys a fixed platform or causes damage

21 to it which is likely to endanger its safety;

22 ‘‘(4) places or causes to be placed on a fixed

23 platform, by any means whatsoever, a device or sub24 stance which is likely to destroy that fixed platform

25 or likely to endanger its safety;
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1 ‘‘(5) injures or kills any person in connection

2 with the commission or the attempted commission of

3 any of the offenses set forth in paragraphs (1) through

4 (4); or

5 ‘‘(6) attempts to do anything prohibited under

6 paragraphs (1) through (5);

7 shall be fined under this title or imprisoned not more than

8 twenty years, or both; and if death results to any person

9 from conduct prohibited by this subsection, shall be pun10 ished by death or imprisoned for any term of years or for

11 life.

12 ‘‘(b) Whoever threatens to do anything prohibited

13 under paragraph (2) or (3) of subsection (a), with apparent

14 determination and will to carry the threat into execution,

15 if the threatened act is likely to endanger the safety of the

16 fixed platform, shall be fined under this title or imprisoned

17 not more than five years, or both.

18 ‘‘(c) There is jurisdiction over the prohibited activity

19 in subsections (a) and (b) if—

20 ‘‘(1) such activity is committed against or on

21 board a fixed platform—

22 ‘‘(A) that is located on the continental shelf

23 of the United States;

24 ‘‘(B) that is located on the continental shelf

25 of another country, by a national of the United
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1 States or by a stateless person whose habitual

2 residence is in the United States; or

3 ‘‘(C) in an attempt to compel the United

4 States to do or abstain from doing any act;

5 ‘‘(2) during the commission of such activity

6 against or on board a fixed platform located on a

7 continental shelf, a national of the United States is

8 seized, threatened, injured or killed; or

9 ‘‘(3) such activity is committed against or on

10 board a fixed platform located outside the United

11 States and beyond the continental shelf of the United

12 States and the offender is later found in the United

13 States.

14 ‘‘(d) It is a bar to Federal prosecution under sub15 section (a) for conduct that occurred within the United

16 States that the conduct involved—

17 ‘‘(1) a domestic dispute solely affecting and be18 tween members of the same family or household or be19 tween social acquaintances; or

20 ‘‘(2) was during or in relation to a labor dis21 pute, and such conduct was prohibited as a felony

22 under the law of the State in which it was committed.

23 For purposes of this section, the term ‘labor dispute’ has

24 the meaning set forth in section 2(c) of the Norris25 LaGuardia Act (29 U.S.C. 113(c)).
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1 ‘‘(e) As used in this section, the term—

2 ‘‘(1) ‘continental shelf ’ means the sea-bed and

3 subsoil of the submarine areas that extend beyond a

4 country’s territorial sea to the limits provided by cus5 tomary international law as reflected in Article 76 of

6 the 1982 Convention on the Law of the Sea;

7 ‘‘(2) ‘fixed platform’ means an artificial island,

8 installation or structure permanently attached to the

9 sea-bed for the purpose of exploration or exploitation

10 of resources or for other economic purposes;

11 ‘‘(3) ‘national of the United States’ has the

12 meaning given such term in section 101(a)(22) of the

13 Immigration and Nationality Act (8 U.S.C.

14 1101(a)(22));

15 ‘‘(4) ‘territorial sea of the United States’ means

16 all waters extending seaward to 12 nautical miles

17 from the baselines of the United States determined in

18 accordance with international law; and

19 ‘‘(5) ‘United States’, when used in a geographi20 cal sense, includes the Commonwealth of Puerto Rico,

21 the Commonwealth of the Northern Mariana Islands

22 and all territories and possessions of the United

23 States.’’.

24 (b) CLERICAL AMENDMENTS.—The table of sections at

25 the beginning of chapter 111 of title 18, United States Code,
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1 is amended by adding at the end thereof the

2 following:

‘‘2280. Violence against maritime navigation

‘‘2281. Violence against maritime fixed platforms’’.

3 (c) EFFECTIVE DATES.—This section and the amend4 ments made by this section shall take effect on the later of—

5 (1) the date of the enactment of this Act; or

6 (2)(A) in the case of section 2280 of title 18,

7 United States Code, the date the Convention for the

8 Suppression of Unlawful Acts Against the Safety of

9 Maritime Navigation has come into force and the

10 United States has become a party to that Convention;

11 and

12 (B) in the case of section 2281 of title 18, United

13 States Code, the date the Protocol for the Suppression

14 of Unlawful Acts Against the Safety of Fixed Plat15 forms Located on the Continental Shelf has come into

16 force and the United States has become a party to

17 that Protocol.

18 SEC. 713. TORTURE.

19 (a) IN GENERAL.—Part I of title 18, United States

20 Code, is amended by inserting after chapter 113A the fol21 lowing new chapter:

22 ‘‘CHAPTER 113B—TORTURE

‘‘Sec.

2340. Definitions.

2340A. Torture.

2340B. Exclusive remedies.
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1 ‘‘§ 2340. Definitions

2 ‘‘As used in this chapter—

3 ‘‘(1) the term ‘torture’ means an act committed

4 by a person acting under the color of law specifically

5 intended to inflict severe physical or mental pain or

6 suffering (other than pain or suffering incidental to

7 lawful sanctions) upon another person within his cus8 tody or physical control;

9 ‘‘(2) the term ‘severe mental pain or suffering’

10 means the prolonged mental harm caused by or re11 sulting from (A) the intentional infliction or threat12 ened infliction of severe physical pain or suffering;

13 (B) the administration or application, or threatened

14 administration or application, of mind altering sub15 stances or other procedures calculated to disrupt pro16 foundly the senses or the personality; (C) the threat

17 of imminent death; or (D) the threat that another

18 person will imminently be subjected to death, severe

19 physical pain or suffering, or the administration or

20 application of mind altering substances or other pro21 cedures calculated to disrupt profoundly the senses or

22 personality;

23 ‘‘(3) the term ‘United States’ includes all areas

24 under the jurisdiction of the United States including

25 any of the places within the provisions of sections 5

26 and 7 of this title and section 101(38) of the Federal
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1 Aviation Act of 1958, as amended (49 U.S.C. App.

2 1301(38)).

3 ‘‘§ 2340A. Torture

4 ‘‘(a) Whoever, outside the United States and in a cir5 cumstance described in subsection (b) of this section, com6 mits or attempts to commit torture—

7 ‘‘(1) shall be fined under this title or imprisoned

8 not more than twenty years, or both; and

9 ‘‘(2) if death results to any person from conduct

10 prohibited by this subsection, shall be punished by

11 death or imprisoned for any term of years or for life.

12 ‘‘(b) The circumstance referred to in subsection (a) of

13 this section is if—

14 ‘‘(1) the alleged offender is a national of the

15 United States; or

16 ‘‘(2) the alleged offender is present in the United

17 States, irrespective of the nationality of the victim or

18 the alleged offender.

19 ‘‘§ 2340B. Exclusive remedies

20 ‘‘Nothing in this chapter shall be construed as preclud21 ing the application of State or local laws on the same sub22 ject, nor shall anything in this chapter be construed as cre23 ating any substantive or procedural right enforceable by

24 law by any party in any civil proceeding.’’.
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1 (b) CLERICAL AMENDMENT.—The table of chapters for

2 part I of title 18, United States Code, is amended by insert3 ing after the item for chapter 113A the following new item:

‘‘113B. Torture ........................................................................................... 2340’’.

4 (c) EFFECTIVE DATE.—This section shall take effect

5 on the later of—

6 (1) the date of enactment of this section; or

7 (2) the date the United States has become a

8 party to the Convention Against Torture and Other

9 Cruel, Inhuman or Degrading Treatment or

10 Punishment.

11 SEC. 714. APPLICABILITY TO UNIFORM CODE OF MILITARY

12 JUSTICE.

13 The provisions of chapter 228 of title 18, United States

14 Code, as added by this title, shall not apply to prosecutions

15 under the Uniform Code of Military Justice (10 U.S.C.

16 801).

17 SEC. 715. PROTECTION OF JURORS AND WITNESSES IN CAP18 ITAL CASES.

19 Section 3432 of title 18, United States Code, is amend20 ed by inserting before the period the following: ‘‘, except that

21 such list of the veniremen and witnesses need not be fur22 nished if the court finds by a preponderance of the evidence

23 that providing the list may jeopardize the life or safety of

24 any person’’.
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1 SEC. 716. KIDNAPPING.

2 Section 1201(g)(1) of title 18, United States Code, is

3 amended by inserting ‘‘to the penalty of death if the death

4 of the victim results and, in any other case,’’ after ‘‘shall

5 be subject’’.

6 TITLE VIII—TRUTH IN

7 SENTENCING

8 SEC. 801. GRANTS.

9 The Attorney General is authorized to provide grants

10 to States to build, expand, or operate space in correctional

11 facilities in order to increase the prison bed capacity in

12 such facilities in order to reach the goals set forth in section.

13 SEC. 802. FEDERAL FUNDS.

14 (a) DISTRIBUTION OF FUNDS IN FISCAL YEAR 1995.—

15 Of the total amount of funds appropriated under this title

16 in fiscal year 1995, there shall be allocated to each State

17 an amount which bears the same ratio to the amount of

18 funds appropriated pursuant to this title as the number of

19 part I violent crimes reported by the States to the Federal

20 Bureau of Investigation for 1993 bears to the number of

21 part I violent crimes reported by all States to the Federal

22 Bureau of Investigation for 1993.

23 (b) DISTRIBUTION OF FUNDS IN FISCAL YEARS 1996

24 THROUGH 1999.—75 percent of the total amount of funds

25 appropriated under this title in fiscal years 1996, 1997,
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1 1998, and 1999 shall be allocated to each State according

2 to the formula established in subsection (a) adjusted to re3 flect in each year the most recent data from the Federal

4 Bureau of Investigation reporting part I violent crimes.

5 (c) GOOD FAITH EFFORT.—In order to be eligible for

6 funding under subsections (a) and (b), a State shall submit

7 an application and give the Attorney General assurances

8 that it will make a good faith and cost effective effort to

9 become eligible for a grant under subsection (d).

10 (d) TRUTH IN SENTENCING INCENTIVE FUND.—25

11 percent of the total amount of funds appropriated under

12 this title in each of the fiscal years 1996, 1997, 1998, and

13 1999 shall be allocated to each eligible State according to

14 the same ratios established in subsection (b) multiplied by

15 the percentage change in the States’ percentage of time to

16 be served by the persons convicted of violent crimes divided

17 by the average of all States’ percentage change in percentage

18 of time to be served by the persons convicted of violent

19 crimes. States which have achieved a Truth in Sentencing

20 standard of violent criminals serving 85 percent of prison

21 time assessed shall receive the incentive funds based on the

22 average of such percentage change ratios of all States multi23 plied by the States percentage of total Part I violent crime

24 reported.
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1 (e) ELIGIBILITY FOR TRUTH IN SENTENCING INCEN2 TIVE FUND.—In order to be eligible for grants under sub3 section (d), a State must demonstrate that it has, since

4 1993—

5 (1) increased the percentage of convicted violent

6 offenders sentenced to prison;

7 (2) increased the average prison time actually to

8 be served in prison by convicted violent offenders sen9 tenced to prison; and

10 (3) increased the percentage of sentence to be ac11 tually served in prison by violent offenders sentenced

12 to prison.

13 (f) LAW CHANGES.—As evidence of such good faith ef14 fort to meet the goals contained in subsection (e), a State

15 may make changes to its laws and regulations which may

16 include—

17 (1) truth in sentencing laws which will require

18 persons convicted of violent crimes to serve not less

19 than 85 percent of the sentence imposed;

20 (2) mandatory prison sentences for persons con21 victed of the most serious violent crimes;

22 (3) pretrial detention for persons whose release it

23 can be shown would pose a danger to any other per24 son or the community;
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1 (4) sentencing authority to allow the defendant’s

2 victims or the family of victims the opportunity to be

3 heard regarding the issue of sentencing and provide

4 that the victim or the victim’s family will be notified

5 whenever such defendant is to be released; or

6 (5) that a person who is convicted of a serious

7 violent crime shall be sentenced to life imprisonment

8 if—

9 (A) The person has been convicted on 2 or

10 more prior occasions in a court of the United

11 States or of a State of a serious violent crime,

12 or of 1 or more serious violent crimes and 1 or

13 more serious drug offenses; and

14 (B) each serious violent crime or serious

15 drug offense used as a basis for sentencing under

16 this subsection, other than the fist, was commit17 ted after the defendant’s conviction of the preced18 ing serious violent crime or serious drug offense.

19 SEC. 803. DEFINITIONS.

20 For purposes of this title—

21 (1) the term ‘‘violent crime’’ means—

22 (A) a felony offense that has as an element

23 the use, attempted use, or threatened use of phys24 ical force against the person of another, or
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1 (B) any other offense that is a felony and

2 that, by its nature, involves substantial risk that

3 physical force against the person of another may

4 be used in the course of committing the offense;

5 (2) the term ‘‘serious drug offender’’ has the

6 same meaning as that is used in section 924(e)(2)(A)

7 of title 18, United States Code;

8 (3) the term ‘‘State’’ means any of the United

9 States and the District of Columbia;

10 (4) the term ‘‘convicted’’ means convicted and

11 sentenced to a term in a State corrections institution

12 or a period of formal probation; and

13 (5) the term ‘‘Part I violent crimes’’ means mur14 der, rape, robbery, and aggravated assault as those of15 fenses are reported to the Federal Bureau of Inves16 tigation for purposes of the Uniform Crime Reports.

17 SEC. 804. AUTHORIZATION OF APPROPRIATIONS.

18 (a) IN GENERAL.—For purposes of this title, there are

19 authorized to be appropriated—

20 (1) $2,500,000,000 for fiscal year 1995;

21 (2) $2,000,000,000 for fiscal year 1996;

22 (3) $2,000,000,000 for fiscal year 1997;

23 (4) $2,000,000,000 for fiscal year 1998; and

24 (5) $2,000,000,000 for fiscal year 1999.

25 (b) LIMITATIONS ON FUNDS.—
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1 (1) NONSUPPLANTING REQUIREMENT.—Funds

2 made available under this section shall not be used to

3 supplant State funds, but shall be used to increase the

4 amount of funds that would, in the absence of Federal

5 funds, be made available from State sources.

6 (2) ADMINISTRATIVE COSTS.—Not more than 3

7 percent of the funds available under this section may

8 be used for administrative costs.

9 (3) MATCHING FUNDS.—The portion of the costs

10 of a program provided by a grant under this section

11 may not exceed 90 percent of the total costs of the

12 program as described in the application.

13 (4) CARRY OVER OF APPROPRIATIONS.—Any

14 funds appropriated but not expended as provided by

15 this section during any fiscal year shall be carried

16 over and will be made available until expended.

17 TITLE IX—RACIALLY DISCRIMI18 NATORY CAPITAL SENTENC19 ING

20 SEC. 901. AMENDMENT TO TITLE 28.

21 (a) PROCEDURE.—Part VI of title 28, United States

22 Code, is amended by inserting after chapter 176 the follow23 ing new chapter:
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1 ‘‘CHAPTER 177—RACIALLY DISCRIMINATORY

2 CAPITAL SENTENCING

‘‘Sec.

‘‘3501. Prohibition against the execution of a sentence of death imposed on the

basis of race.

‘‘3502. Access to data on death eligible cases.

‘‘3503. Enforcement of the chapter.

‘‘3504. Construction of chapter.

3 ‘‘§ 3501. Prohibition against the execution of a sen4 tence of death imposed on the basis of

5 race

6 ‘‘(a) IN GENERAL.—No person shall be put to death

7 under color of State or Federal law in the execution of a

8 sentence that was imposed based on race.

9 ‘‘(b) INFERENCE OF RACE AS THE BASIS OF DEATH

10 SENTENCE.—An inference that race was the basis of a death

11 sentence is established if valid evidence is presented dem12 onstrating that, at the time the death sentence was imposed,

13 race was a statistically significant factor in decisions to

14 seek or to impose the sentence of death in the jurisdiction

15 in question.

16 ‘‘(c) RELEVANT EVIDENCE.—Evidence relevant to es17 tablish an inference that race was the basis of a death sen18 tence may include evidence that death sentences were, at

19 the time pertinent under subsection (b), being imposed sig20 nificantly more frequently in the jurisdiction in question—

21 ‘‘(1) upon persons of one race than upon persons

22 of another race; or
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1 ‘‘(2) as punishment for capital offenses against

2 persons of one race than as punishment for capital of3 fenses against persons of another race.

4 ‘‘(d) VALIDITY OF EVIDENCE PRESENTED TO ESTAB5 LISH AN INFERENCE.—If statistical evidence is presented

6 to establish an inference that race was the basis of a sen7 tence of death, the court shall determine the validity of the

8 evidence and if it provides a basis for the inference. Such

9 evidence must take into account, to the extent it is compiled

10 and publicly made available, evidence of the statutory ag11 gravating factors of the crimes involved, and shall include

12 comparisons of similar cases involving persons of different

13 races.

14 ‘‘(e) REBUTTAL.—If an inference that race was the

15 basis of a death sentence is established under subsection (b),

16 the death sentence may not be carried out unless the govern17 ment rebuts the inference by a preponderance of the evi18 dence. Unless it can show that the death penalty was sought

19 in all cases fitting the statutory criteria for imposition of

20 the death penalty, the government cannot rely on mere as21 sertions that it did not intend to discriminate or that the

22 cases in which death was imposed fit the statutory criteria

23 for imposition of the death penalty.
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1 ‘‘§ 3502. Access to data on death eligible cases

2 ‘‘Data collected by public officials concerning factors

3 relevant to the imposition of the death sentence shall be

4 made publicly available.

5 ‘‘§ 3503. Enforcement of the chapter

6 ‘‘In any proceeding brought under section 2254, the

7 evidence supporting a claim under this chapter may be pre8 sented in an evidentiary hearing and need not be set forth

9 in the petition. Notwithstanding section 2254, no deter10 mination on the merits of a factual issue made by a State

11 court pertinent to any claim under section 3501 shall be

12 presumed to be correct unless—

13 ‘‘(1) the State is in compliance with section

14 3502;

15 ‘‘(2) the determination was made in a proceed16 ing in a State court in which the person asserting the

17 claim was afforded rights to the appointment of coun18 sel and to the furnishing of investigative, expert and

19 other services necessary for the adequate development

20 of the claim; and

21 ‘‘(3) the determination is one which is otherwise

22 entitled to be presumed to be correct under the cri23 teria specified in section 2254.
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1 ‘‘§ 3504. Construction of chapter

2 ‘‘Nothing contained in this chapter shall be construed

3 to affect in one way or the other the lawfulness of any sen4 tence of death that does not violate section 3501.’’.

5 (b) AMENDMENT TO TABLE OF CHAPTERS.—The table

6 of chapters of part VI of title 28, United States Code, is

7 amended by adding at the end thereof the following new

8 item:

‘‘177. Racially Discriminatory Capital Sentencing ................ 3501.’’.

9 SEC. 902. ACTIONS BEFORE ENACTMENT.

10 No person shall be barred from raising any claim

11 under section 3501 of title 28, United States Code, as added

12 by this Act, on the ground of having failed to raise or to

13 prosecute the same or a similar claim before the enactment

14 of the Act, nor by reason of any adjudication rendered be15 fore that enactment.

16 TITLE X—CRIME PREVENTION

17 AND COMMUNITY JUSTICE

18 Subtitle A—Model Intensive Grant

19 Programs

20 SEC. 1001. GRANT AUTHORIZATION.

21 (a) ESTABLISHMENT.—The Attorney General, who

22 may consult with the Secretary of Health and Human Serv23 ices and the Secretary of Housing and Urban Development,

24 is authorized to award grants to not more than 15 chronic
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1 high intensive crime areas to develop comprehensive model

2 crime prevention programs that—

3 (1) involve and utilize a broad spectrum of com4 munity resources, including nonprofit community or5 ganizations, law enforcement organizations, and ap6 propriate State and Federal agencies, including the

7 State educational agencies;

8 (2) attempt to relieve conditions that encourage

9 crime; and

10 (3) provide meaningful and lasting alternatives

11 to involvement in crime.

12 (b) PRIORITY.—In awarding grants described in sub13 section (a), the Attorney General shall give priority to pro14 posals that—

15 (1) are innovative in approach to the prevention

16 of crime in a specific area;

17 (2) vary in approach to ensure that comparisons

18 of different models may be made; and

19 (3) coordinate crime prevention programs funded

20 under this program with other existing Federal pro21 grams to address the overall needs of communities

22 that benefit from grants received under this title.

23 SEC. 1002. USES OF FUNDS.

24 (a) IN GENERAL.—Funds awarded under this subtitle

25 may be used only for purposes described in an approved
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1 application. The intent of grants under this subtitle is to

2 fund intensively comprehensive crime prevention programs

3 in chronic high intensive crime areas.

4 (b) GUIDELINES.—The Attorney General shall issue

5 and publish in the Federal Register guidelines that describe

6 suggested purposes for which funds under approved pro7 grams may be used.

8 SEC. 1003. PROGRAM REQUIREMENTS.

9 (a) DESCRIPTION.—An applicant shall include a de10 scription of the distinctive factors that contribute to chronic

11 violent crime within the area proposed to be served by the

12 grant. Such factors may include lack of alternative activi13 ties and programs for youth, deterioration or lack of public

14 facilities, inadequate public services such as public trans15 portation, street lighting, community-based substance abuse

16 treatment facilities, or employment services offices, and

17 inadequate police or public safety services, equipment, or

18 facilities.

19 (b) COMPREHENSIVE PLAN.—An applicant shall in20 clude a comprehensive, community-based plan to attack in21 tensively the principal factors identified in subsection (a).

22 Such plans shall describe the specific purposes for which

23 funds are proposed to be used and how each purpose will

24 address specific factors. The plan also shall specify how

25 local nonprofit organizations, government agencies, private
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1 businesses, citizens groups, volunteer organizations, and in2 terested citizens will cooperate in carrying out the purposes

3 of the grant.

4 (c) EVALUATION.—An applicant shall include an eval5 uation plan by which the success of the plan will be meas6 ured, including the articulation of specific, objective indicia

7 of performance, how the indicia will be evaluated, and a

8 projected timetable for carrying out the evaluation.

9 SEC. 1004. APPLICATIONS.

10 To request a grant under this subtitle the chief local

11 elected official of an area shall—

12 (1) prepare and submit to the Attorney General

13 an application in such form, at such time, and in ac14 cordance with such procedures, as the Attorney Gen15 eral shall establish; and

16 (2) provide an assurance that funds received

17 under this subtitle shall be used to supplement, not

18 supplant, non-Federal funds that would otherwise be

19 available for programs funded under this subtitle.

20 SEC. 1005. REPORTS.

21 Not later than December 31, 1998, the Attorney Gen22 eral shall prepare and submit to the Committees on the Ju23 diciary of the House and Senate an evaluation of the model

24 programs developed under this subtitle and make rec-
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1 ommendations regarding the implementation of a national

2 crime prevention program.

3 SEC. 1006. DEFINITIONS.

4 For purposes of this subtitle:

5 (1) CHRONIC HIGH INTENSITY CRIME AREA.—

6 The term ‘‘chronic high intensity crime area’’ is an

7 area that meets criteria defined under regulations is8 sued by the Attorney General. The criteria adopted by

9 the Attorney General shall, at a minimum, define

10 areas with—

11 (A) consistently high rates of violent crime

12 as reported in the Federal Bureau of Investiga13 tion’s ‘‘Uniform Crime Reports’’, and

14 (B) chronically high rates of poverty as de15 termined by the Bureau of the Census.

16 (2) CHIEF LOCAL ELECTED OFFICIAL.—The term

17 ‘‘chief local elected official’’ means an official des18 ignated under regulations issued by the Attorney Gen19 eral. The criteria used by the Attorney General in

20 promulgating such regulations shall ensure adminis21 trative efficiency and accountability in the expendi22 ture of funds and execution of funded projects under

23 this subtitle.
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1 SEC. 1007. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated to carry out

3 this subtitle $300,000,000 for each of the fiscal years 1995,

4 1996, 1997, 1998, and 1999.

5 Subtitle B—Ounce of Prevention

6 Grant Programs

7 PART I—OUNCE OF PREVENTION GRANT

8 PROGRAMS

9 SEC. 1010. OUNCE OF PREVENTION COUNCIL.

10 (a) IN GENERAL.—(1) The Secretary of Health and

11 Human Services shall convene an interagency Task Force

12 to be known as the Ounce of Prevention Council, which shall

13 be chaired by the Attorney General, the Secretary of Edu14 cation, and the Secretary of Health and Human Services,

15 and which also shall include the Secretary of Housing and

16 Urban Development, the Secretary of Labor, the Secretary

17 of Agriculture, the Secretary of the Interior, and the Direc18 tor of the Office of National Drug Control Policy.

19 (2) The Council may obtain the necessary staff to

20 carry out its functions through the detail or assignment of

21 employees from the departments or offices which are rep22 resented by the Council.

23 (3) The Council may delegate any of its functions or

24 powers to a member or members of the Council.

25 (b) ADMINISTRATIVE RESPONSIBILITIES AND POW26 ERS.—The Council shall advise and counsel the Secretary
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1 regarding administration of the programs established by

2 this title. In consultation with the Council, the Secretary

3 may issue regulations and guidelines to carry out this title,

4 including specifications concerning application require5 ments, selection criteria, duration and renewal of grants,

6 evaluation requirements, limitation of administrative ex7 penses, submission of reports by grantees, recordkeeping by

8 grantees, and access to books, records, and documents main9 tained by grantees or other persons for purposes of audit

10 or examination.

11 (c) TARGETING OF ASSISTANCE FOR DISTRESSED

12 COMMUNITIES AND INDIVIDUALS WITH PARTICULAR

13 NEEDS.—In consultation with the Council, the Secretary

14 shall adopt regulations or guidelines to ensure that funding

15 provided under this title shall be used primarily for—

16 (1) assistance in communities that are distressed

17 as indicated by such factors as high incidences of

18 crime, juvenile delinquency, gang involvement, sub19 stance abuse, unemployment, school dropouts, or preg20 nancy among adolescents; and

21 (2) assistance for individuals in any area who

22 are particularly in need of the assistance for such rea23 sons as involvement in juvenile delinquency, gangs, or

24 substance abuse, unemployability, dropping out of
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1 school, or pregnancy during adolescence, or being at

2 risk of such conditions.

3 SEC. 1011. OUNCE OF PREVENTION GRANT PROGRAM.

4 (a) IN GENERAL.—The Secretary, after consultation

5 with the Council, may make grants to States, local govern6 ments, educational institutions, coalitions, local edu7 cational agencies, State educational agencies, and other

8 public and private entities, for—

9 (1) summer and after-school (including weekend

10 and holiday education and recreation) programs;

11 (2) mentoring, tutoring, and other programs in12 volving participation by adult role models;

13 (3) programs assisting and promoting employ14 ability and job placement; and

15 (4) substance abuse treatment and prevention,

16 including outreach programs for at-risk families.

17 (b) PRIORITY.—In making such grants, the Secretary

18 shall give preference to coalitions consisting of a broad spec19 trum of community-based and social service organizations

20 that have a coordinated team approach to reducing gang

21 membership and the effects of substance abuse, and provid22 ing alternatives to at-risk youth.

23 (c) DEFINITIONS.—For purposes of this section the

24 term ‘‘Secretary’’ means the Secretary of Health and

25 Human Services.
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1 PART II—FAMILY AND COMMUNITY ENDEAVOR

2 SCHOOLS GRANT PROGRAM

3 SEC. 1015. PROGRAM AUTHORITY.

4 (a) IN GENERAL.—

5 (1) ALLOCATIONS FOR STATES.—For a fiscal

6 year in which the sums reserved by the Secretary

7 from the amounts appropriated for this subtitle to

8 carry out this section equal or exceed $20,000,000, the

9 Secretary shall allocate to community-based organiza10 tions in each State, an amount bearing the same

11 ratio to such sums as the number of children in the

12 State who are from families with incomes below the

13 poverty line bears to the number of children in all

14 States who are from families with incomes below the

15 poverty line.

16 (2) GRANTS TO COMMUNITY-BASED ORGANIZA17 TIONS FROM ALLOCATIONS.—For such a fiscal year,

18 the Secretary may award grants from the appropriate

19 State allocation determined under paragraph (1) on

20 a competitive basis to eligible community-based orga21 nizations to pay for the Federal share of assisting eli22 gible communities to develop and carry out programs

23 in accordance with this section.

24 (3) REALLOCATION.—If, at the end of such a fis25 cal year, the Secretary determines that funds allo26 cated for community-based organizations in a State
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1 remain unobligated, the Council may use such funds

2 to award grants to eligible community-based organi3 zations in another State to pay for such Federal

4 share. Amounts made available through such grants

5 shall remain available until expended.

6 (b) OTHER FISCAL YEARS.—For any fiscal year in

7 which the sums reserved by the Secretary from amounts ap8 propriated for this subtitle to carry out this section are less

9 than $20,000,000, the Secretary may award grants on a

10 competitive basis to eligible community-based organizations

11 to pay for the Federal share of assisting eligible commu12 nities to develop and carry out programs in accordance

13 with this section.

14 SEC. 1016. PROGRAM REQUIREMENTS.

15 (a) LOCATION.—A community-based organization that

16 receives a grant under this section to assist in carrying out

17 such a program shall ensure that the program is carried

18 out—

19 (1) where appropriate, in the facilities of a pub20 lic school; or

21 (2) in another appropriate local facility in a

22 State, such as a college or university, a local or State

23 park or recreation center, church, or military base,

24 that is—
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1 (A) in a location that is easily accessible to

2 children in the community; and

3 (B) in compliance with all applicable local

4 ordinances.

5 (b) USE OF FUNDS.—Such community-based organi6 zation—

7 (1) shall use funds made available through the

8 grant to provide, to children in the eligible commu9 nity, services and activities that shall include super10 vised sports programs, and extracurricular and aca11 demic programs, that are offered—

12 (A) after school and on weekends and holi13 days, during the school year; and

14 (B) as daily full-day programs (to the ex15 tent available resources permit) or as part-day

16 programs, during the summer months;

17 (2) in providing such extracurricular and aca18 demic programs, shall provide programs such as cur19 riculum-based supervised educational programs, work

20 force preparation, entrepreneurship, cultural pro21 grams, arts and crafts, and health education and

22 service programs, dance programs, tutorial and

23 mentoring programs, and other related activities;

24 (3) may use such funds—
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1 (A) for the renovation of facilities that are

2 in existence prior to the operation of the pro3 gram for which the organization receives the

4 grant; and

5 (B) to develop or expand school programs

6 (including programs that provide a variety of

7 additional services to help meet the comprehen8 sive needs of students, such as homework assist9 ance and after-school programs (including edu10 cational, social, and athletic activities), nutri11 tion services, family counseling, and parental

12 training programs) that are designed to improve

13 academic and social development of at-risk chil14 dren by instituting a collaborative structure that

15 trains and coordinates the efforts of teachers, ad16 ministrators, social workers, guidance counselors,

17 parents, and school volunteers to provide concur18 rent social services for at-risk students in the

19 daily academic curriculum at public schools in

20 the eligible community; and

21 (4) may not use such funds to provide sectarian

22 worship or instruction.

23 SEC. 1017. ELIGIBLE COMMUNITY IDENTIFICATION.

24 (a) IDENTIFICATION.—To be eligible to receive a grant

25 under this section, a community-based organization shall
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1 identify an eligible community to be assisted under this

2 section.

3 (b) CRITERIA.—Such eligible community shall be an

4 area that meets such criteria with respect to significant

5 poverty and significant juvenile delinquency, and such

6 additional criteria, as the Secretary may by regulation

7 require.

8 SEC. 1018. APPLICATIONS.

9 (a) APPLICATION REQUIRED.—To be eligible to receive

10 a grant under this section, a community-based organization

11 shall submit an application to the Secretary at such time,

12 in such manner, and accompanied by such information, as

13 the Secretary may reasonably require, and obtain approval

14 of such application.

15 (b) CONTENTS OF APPLICATION.—Each application

16 submitted pursuant to paragraph (1) shall—

17 (1) describe the activities and services to be pro18 vided through the program for which the grant is

19 sought;

20 (2) contain an assurance that the community21 based organization will spend grant funds received

22 under this section in a manner that the community23 based organization determines will best accomplish

24 the objectives of this section;
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1 (3) contain a comprehensive plan for the pro2 gram that is designed to achieve identifiable goals for

3 children in the eligible community;

4 (4) set forth measurable goals and outcomes for

5 the program that—

6 (A) will—

7 (i) where appropriate, make a public

8 school the focal point of the eligible commu9 nity; or

10 (ii) make a local facility described in

11 section 1016(a)(2) such a focal point; and

12 (B) may include reducing the percentage of

13 children in the eligible community that enter the

14 juvenile justice system, increasing the graduation

15 rates, school attendance, and academic success of

16 children in the eligible community, and improv17 ing the skills of program participants;

18 (5) provide evidence of support for accomplishing

19 such goals and outcomes from—

20 (A) community leaders;

21 (B) businesses;

22 (C) local educational agencies;

23 (D) local officials;

24 (E) State officials; and
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1 (F) other organizations that the commu2 nity-based organization determines to be appro3 priate;

4 (6) contain an assurance that the community5 based organization will use grant funds received

6 under this section to provide children in the eligible

7 community with activities and services that shall in8 clude supervised sports programs, and extracurricular

9 and academic programs, in accordance with section

10 1016(b);

11 (7) contain a list of the activities and services

12 that will be offered through the program for which the

13 grant is sought and sponsored by private nonprofit

14 organizations, individuals, and groups serving the eli15 gible community, including—

16 (A) extracurricular and academic pro17 grams, such as programs described in section

18 1016(b)(2); and

19 (B) activities that address specific needs in

20 the community;

21 (8) demonstrate the manner in which the com22 munity-based organization will make use of the re23 sources, expertise, and commitment of private entities

24 in carrying out the program for which the grant is

25 sought;
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1 (9) include an estimate of the number of children

2 in the eligible community expected to be served pursu3 ant to the program;

4 (10) include a description of charitable private

5 resources, and all other resources, that will be made

6 available to achieve the goals of the program;

7 (11) contain an assurance that the community8 based organization will use competitive procedures

9 when purchasing, contracting, or otherwise providing

10 for goods, activities, or services to carry out programs

11 under this section;

12 (12) contain an assurance that the program will

13 maintain a staff-to-participant ratio that is appro14 priate to the activity or service provided by the

15 program;

16 (13) contain an assurance that the community17 based organization will comply with any evaluation

18 under section 1023, any research effort authorized

19 under Federal law, and any investigation by the

20 Secretary;

21 (14) contain an assurance that the community22 based organization shall prepare and submit to the

23 Secretary an annual report regarding any program

24 conducted under this section;
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1 (15) contain an assurance that the program for

2 which the grant is sought will, to the maximum ex3 tent possible, incorporate services that are—

4 (A) provided by program volunteers, par5 ents, adult mentors, social workers, drug and al6 cohol abuse counselors, teachers, or other persons

7 providing tutoring and college or vocational

8 preparation; and

9 (B) provided solely through non-Federal

10 private and nonprofit sources; and

11 (16) contain an assurance that the community12 based organization will maintain separate accounting

13 records for the program.

14 (c) PRIORITY.—In awarding grants to carry out pro15 grams under this section, the Secretary shall give priority

16 to community-based organizations who submit applications

17 that demonstrate the greatest effort in generating local sup18 port for the programs.

19 SEC. 1019. ELIGIBILITY OF PARTICIPANTS.

20 (a) IN GENERAL.—To the extent possible, each child

21 who resides in an eligible community shall be eligible to

22 participate in a program carried out in such community

23 that receives assistance under this section.

24 (b) EXCLUSION.—
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1 (1) NONDISCRIMINATION.—In selecting children

2 to participate in a program that receives assistance

3 under this section, a community-based organization

4 shall not discriminate on the basis of race, color, reli5 gion, sex, national origin, or disability.

6 (2) PARENTAL APPROVAL.—To be eligible to par7 ticipate in a program that receives assistance under

8 this section, a child shall provide the express written

9 approval of a parent or guardian, and shall submit

10 an official application that agrees to the terms and

11 conditions of participation in the program. All infor12 mation and application forms shall be in a format

13 and language accessible to and understandable to the

14 parent or guardian of the child.

15 SEC. 1020. PEER REVIEW PANEL.

16 (a) ESTABLISHMENT.—The Secretary shall establish a

17 peer review panel that shall be comprised of individuals

18 with demonstrated experience in designing and implement19 ing community-based programs.

20 (b) COMPOSITION.—Such panel shall include at least

21 1 representative from each of the following:

22 (1) A community-based organization.

23 (2) A local government.

24 (3) A local educational agency.

25 (4) The private sector.
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1 (5) A charitable organization.

2 (c) FUNCTIONS.—Such panel shall conduct the initial

3 review of all grant applications received by the Secretary

4 under section 1018, make recommendations to the Secretary

5 regarding—

6 (1) grant funding under this section; and

7 (2) a design for the evaluation of programs as8 sisted under this section.

9 SEC. 1021. INVESTIGATIONS AND INSPECTIONS.

10 The Secretary may conduct such investigations and

11 inspections as may be necessary to ensure compliance with

12 the provisions of this subtitle.

13 SEC. 1022. FEDERAL SHARE.

14 (a) PAYMENTS, FEDERAL SHARE, NON-FEDERAL

15 SHARE.—

16 (1) PAYMENTS.—The Secretary shall, subject to

17 the availability of appropriations, pay to each com18 munity-based organization having an application ap19 proved under section 1018 the Federal share of the

20 costs of developing and carrying out programs re21 ferred to in section 1015.

22 (2) FEDERAL SHARE.—The Federal share of such

23 costs shall be 70 percent for each of the fiscal years

24 1995, 1996, 1997, and 1998.

25 (b) NON-FEDERAL SHARE.—
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1 (1) IN GENERAL.—The non-Federal share of such

2 costs may be in cash or in kind, fairly evaluated, in3 cluding plant, equipment, and services (including the

4 services described in section 1018(b)(16)).

5 (2) SPECIAL RULE.—At least 15 percent of the

6 non-Federal share of such costs shall be provided from

7 private or nonprofit sources.

8 SEC. 1023. EVALUATION.

9 The Secretary shall conduct a thorough evaluation of

10 the programs assisted under this subtitle, which shall in11 clude an assessment of—

12 (1) the number of children participating in each

13 program assisted under this section;

14 (2) the academic achievement of such children;

15 (3) school attendance and graduation rates of

16 such children; and

17 (4) the number of such children being processed

18 by the juvenile justice system.

19 SEC. 1024. DEFINITIONS.

20 In this part the following definitions apply:

21 (1) CHILD.—The term ‘‘child’’ means an indi22 vidual who is not younger than 5 and not older than

23 18.

24 (2) COMMUNITY-BASED ORGANIZATION.—The

25 term ‘‘community-based organization’’ means a pri-
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1 vate, locally initiated community-based organization

2 that—

3 (A) is a nonprofit organization, as defined

4 in section 103(23) of the Juvenile Justice and

5 Delinquency Prevention Act of 1974 (42 U.S.C.

6 5603(23)); and

7 (B) is operated by a consortium of service

8 providers, consisting of representatives of 5 or

9 more of the following categories of persons:

10 (i) Residents of the community.

11 (ii) Business and civic leaders actively

12 involved in providing employment and

13 business development opportunities in the

14 community.

15 (iii) Educators and organizations of

16 learning (such as local education agencies).

17 (iv) Student organizations.

18 (v) Law enforcement agencies.

19 (vi) Public housing agencies.

20 (vii) State government.

21 (viii) Other public agencies.

22 (ix) Other interested parties.

23 (3) ELIGIBLE COMMUNITY.—The term ‘‘eligible

24 community’’ means an area identified pursuant to

25 section 1024.
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1 (4) LOCAL EDUCATIONAL AGENCY.—The term

2 ‘‘local educational agency’’ has the same meaning

3 given such term in section 1471(12) of the Elemen4 tary and Secondary Education Act of 1965.

5 (5) POVERTY LINE.—The term ‘‘poverty line’’

6 means the income official poverty line (as defined by

7 the Office of Management and Budget, and revised

8 annually in accordance with section 673(2) of the

9 Community Services Block Grant Act (42 U.S.C.

10 9902(2)) applicable to a family of the size involved.

11 (6) PUBLIC SCHOOL.—The term ‘‘public school’’

12 means a public elementary school, as defined in sec13 tion 1201(i) of the Higher Education Act of 1965 (20

14 U.S.C. 1141(i)), and a public secondary school, as de15 fined in section 1201(d) of such Act.

16 (7) SECRETARY.—The term ‘‘Secretary’’ means

17 the Secretary of Education.

18 (8) STATE.—The term ‘‘State’’ means each of the

19 several States of the United States, the District of Co20 lumbia, the Commonwealth of Puerto Rico, the Com21 monwealth of the Northern Mariana Islands, Amer22 ican Samoa, Guam, and the United States Virgin

23 Islands.
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1 PART III—ADMINISTRATION

2 SEC. 1025. TECHNICAL ASSISTANCE; TRAINING AND EVAL3 UATION.

4 (a) TECHNICAL ASSISTANCE AND TRAINING.—The Sec5 retary may provide technical assistance, training, and eval6 uations to further the purposes of this subtitle through

7 grants, contracts, or other cooperative agreements with

8 other entities.

9 (b) EVALUATIONS.—In addition to any evaluation re10 quirements that may be required for grantees, the Secretary

11 may conduct or support evaluations of programs that re12 ceive support under this subtitle, including assessments of

13 the effectiveness of the programs in reducing delinquency,

14 gang involvement, substance abuse, school dropout rates,

15 and adolescent pregnancy, and in increasing employability

16 and employment.

17 SEC. 1026. AUTHORIZATION OF APPROPRIATIONS.

18 (a) AUTHORIZATIONS FOR PART I.—There are author19 ized to be appropriated to carry out the purposes of part

20 I, $25,000,000 for each of the fiscal years 1995 through

21 1999.

22 (b) AUTHORIZATIONS FOR PART II.—There are au23 thorized to be appropriated to carry out the purposes of

24 part II, $230,000,000 for each of the fiscal years 1995

25 through 1999.
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1 Subtitle C—Police Partnerships for

2 Children

3 SEC. 1030. DEFINITION.

4 As used in this subtitle, ‘‘partnership’’ means a cooper5 ative arrangement or association involving one or more law

6 enforcement agencies, and one or more public or private

7 agencies that provide child or family services.

8 SEC. 1031. GRANT AUTHORITY.

9 (a) PARTNERSHIP GRANTS.—The Attorney General, in

10 consultation with the Secretary of Health and Human

11 Services, may make grants to partnerships for—

12 (1) teams or units involving participants from

13 both the law enforcement and child or family services

14 components of the partnership that respond to or deal

15 with violent incidents in which a child is involved as

16 a perpetrator, witness, or victim, such as teams or

17 units that provide a 24-hour crisis response or con18 sultation service in relation to such incidents;

19 (2) training for law enforcement officers regard20 ing behavior, psychology, family systems, and com21 munity culture and attitudes that is relevant to deal22 ing with children who are involved in violent inci23 dents or at risk of involvement in such incidents, or

24 with families of such children; and
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1 (3) programs for children and families that are

2 designed jointly by the law enforcement and child or

3 family services components of the partnership, includ4 ing programs providing 24-hour response to crisis sit5 uations affecting children and such other programs as

6 programs that provide training in nonviolent conflict

7 resolution, after-school activity and neighborhood

8 recreation programs, parent support groups that are

9 led jointly by child or family services and law en10 forcement personnel, and mentoring programs.

11 (b) GRANTS FOR POLICE RESIDENCE IN HIGH CRIME

12 AREAS.—The Secretary of Housing and Urban Develop13 ment, in consultation with the Attorney General, may make

14 grants to units of State or local government, public housing

15 authorities, owners of federally assisted housing, and own16 ers of housing in high crime areas in order to provide dwell17 ing units to law enforcement officers without charge or at

18 a substantially reduced rent for the purpose of providing

19 greater security for residents of high crime areas.

20 SEC. 1032. ADMINISTRATION.

21 (a) USE OF COMPONENTS.—The Attorney General

22 may utilize any component or components of the Depart23 ment of Justice in carrying out this subtitle.

24 (b) REGULATORY AUTHORITY.—The Attorney General,

25 for the purposes of section 1031(a), and the Secretary of
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1 Housing and Urban Development, for purposes of section

2 1031(b), may issue regulations and guidelines to carry out

3 this subtitle, including specifications concerning applica4 tion requirements, selection criteria, duration and renewal

5 of grants, evaluation requirements, matching funds, limita6 tion of administrative expenses, submission of reports by

7 grantees, recordkeeping by grantees, and access to books,

8 records, and documents maintained by grantees or other

9 persons for purposes of audit or examination.

10 (c) APPLICATIONS.—In addition to any other require11 ments that may be specified by the Attorney General—

12 (1) an application for a grant under section

13 1030(a) of this subtitle shall—

14 (A) certify that the applicant is a partner15 ship as defined in section 1030, or a law enforce16 ment agency or public or private child or family

17 services agency that is participating in a part18 nership and seeking support on behalf of the

19 partnership;

20 (B) include a long-term strategy and de21 tailed implementation plan;

22 (C) certify that the Federal support pro23 vided under this subtitle will be used to supple24 ment, and not supplant, State and local sources

25 of funding that would otherwise be available;
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1 (D) identify any related governmental or

2 community initiatives which complement or will

3 be coordinated with the proposal; and

4 (E) specify plans for obtaining necessary

5 support and continuing the proposed program

6 following the conclusion of Federal support;

7 (2) in addition to any other requirements that

8 may be specified by the Secretary of Housing and

9 Urban Development, an application for a grant under

10 section 1031(b) shall—

11 (A) certify that there has been appropriate

12 consultation with the employing agency of any

13 law enforcement officer who is to be provided

14 with a dwelling unit;

15 (B) identify any related governmental or

16 community initiatives which complement or will

17 be coordinated with the proposal;

18 (C) certify that the Federal support pro19 vided will be used to supplement, and not sup20 plant, State and local sources of funding that

21 would otherwise be available; and

22 (D) provide assurances that local police offi23 cers will not be required to reside in residences

24 funded under this subtitle.
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1 (d) MATCHING FUNDS.—The portion of the costs of a

2 program provided by a grant under this subtitle may not

3 exceed 75 percent, unless the Attorney General, for purposes

4 of section 1031(a), or the Secretary of Housing and Urban

5 Devlopment, for purposes of section 1031(b), waives, wholly

6 or in part, the requirement under this subsection of a non7 Federal contribution to the costs of a program.

8 (e) FUNDING PRIORITY.—In making grants under sec9 tion 1031(a), the Attorney General shall give priority to

10 applications by partnerships involving law enforcement

11 agencies that engage in community-oriented policing for

12 programs assisting distressed communities or populations

13 with a high incidence of violence affecting children.

14 SEC. 1033. TECHNICAL ASSISTANCE, TRAINING, AND EVAL15 UATION.

16 (a) TECHNICAL ASSISTANCE AND TRAINING.—The At17 torney General may provide technical assistance and train18 ing to further the purposes of this subtitle.

19 (b) EVALUATIONS.—In addition to any evaluation re20 quirements that may be prescribed for grantees, the Attor21 ney General, may carry out or make arrangements for eval22 uations of programs that receive support under this subtitle.

23 (c) ADMINISTRATION.—The technical assistance, train24 ing, and evaluations authorized by this section may be car25 ried out directly by the Attorney General, or through grants,
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1 contracts, or other cooperative arrangements with other

2 entities.

3 SEC. 1034. AUTHORIZATION OF APPROPRIATIONS.

4 (a) IN GENERAL.—There are authorized to be appro5 priated $20,000,000 in fiscal year 1995, and such sums as

6 may be necessary in each of fiscal years 1996 through 1999

7 to carry out this subtitle.

8 (b) LIMITATION.—Not more than 50 percent of the

9 funds made available in a fiscal year for this subtitle may

10 be expended for grants under section 1031(b).

11 Subtitle D—Midnight Sports

12 SEC. 1038. GRANTS FOR MIDNIGHT SPORTS LEAGUE

13 ANTICRIME PROGRAMS.

14 (a) AUTHORITY.—The Secretary of Housing and

15 Urban Development, in consultation with the Attorney Gen16 eral of the United States, the Secretary of Labor, and the

17 Secretary of Education, shall make grants, to the extent

18 that amounts are approved in appropriations Acts under

19 subsection (k), to eligible entities to assist such entities in

20 carrying out midnight sports league programs meeting the

21 requirements of subsection (d).

22 (b) ELIGIBLE ENTITIES.—

23 (1) IN GENERAL.—Grants under subsection (a)

24 may be made only to the following eligible entities:
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1 (A) Entities eligible under section 520(b) of

2 the Cranston-Gonzalez National Affordable

3 Housing Act (42 U.S.C. 11903a(b)) for a grant

4 under section 520(a) of such Act.

5 (B) Nonprofit organizations providing

6 crime prevention, employment counseling, job

7 training, or other educational services.

8 (C) Nonprofit organizations providing fed9 erally-assisted low-income housing.

10 (2) PROHIBITION ON SECOND GRANTS.—A grant

11 under subsection (a) may not be made to an eligible

12 entity if the entity previously received a grant under

13 such subsection.

14 (c) USE OF GRANT AMOUNTS.—Any eligible entity

15 that receives a grant under subsection (a) may use the grant

16 only—

17 (1) to establish or carry out a midnight sports

18 league program under subsection (d);

19 (2) for salaries for administrators and staff of

20 the program;

21 (3) for other administrative costs of the program,

22 except that not more than 5 percent of the grant may

23 be used for such administrative costs; and

24 (4) for costs of training and assistance provided

25 under subsection (d).
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1 (d) PROGRAM REQUIREMENTS.—Each eligible entity

2 receiving a grant under subsection (a) shall establish a mid3 night sports league program as follows:

4 (1) The program shall establish a sports league

5 of not less than 8 teams having 10 players each.

6 (2) Not less than 50 percent of the players in the

7 sports league shall be residents of federally assisted

8 low-income housing.

9 (3) The program shall be designed to serve pri10 marily youths and young adults from a neighborhood

11 or community whose population has not less than 2

12 of the following characteristics (in comparison with

13 national averages):

14 (A) A substantial problem regarding use or

15 sale of illegal drugs.

16 (B) A high incidence of crimes committed

17 by youths or young adults.

18 (C) A high incidence of persons infected

19 with the human immunodeficiency virus or sexu20 ally transmitted diseases.

21 (D) A high incidence of pregnancy, or a

22 high birth rate, among adolescents.

23 (E) A high unemployment rate for youths

24 and young adults.

25 (F) A high rate of high school dropouts.
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1 (4) The program shall require each player in the

2 league to attend employment counseling, job training,

3 and other educational classes provided under the pro4 gram, which shall be held in conjunction with league

5 sports games at or near the site of the games.

6 (5) The program shall serve only youths and

7 young adults who demonstrate a need for such coun8 seling, training, and education provided by the pro9 gram, in accordance with criteria for demonstrating

10 need, which shall be established by the Secretary of

11 Housing and Urban Development, in consultation

12 with the Attorney General, the Secretary of Labor, the

13 Secretary of Education, and with the Advisory

14 Committee.

15 (6) The program shall obtain sponsors for each

16 team in the sports league. Sponsors shall be private

17 individuals or businesses in the neighborhood or com18 munity served by the program who make financial

19 contributions to the program and participate in or

20 supplement the employment, job training, and edu21 cational services provided to the players under the

22 program with additional training or educational op23 portunities.

24 (7) The program shall comply with any criteria

25 established by the Secretary of Housing and Urban
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1 Development, in consultation with the Attorney Gen2 eral, the Secretary of Labor, the Secretary of Edu3 cation, and with the Advisory Committee.

4 (e) GRANT AMOUNT LIMITATIONS.—

5 (1) PRIVATE CONTRIBUTIONS.—The Secretary of

6 Housing and Urban Development, in consultation

7 with the Attorney General, the Secretary of Labor,

8 and the Secretary of Education, may not make a

9 grant under subsection (a) to an eligible entity that

10 applies for a grant under subsection (f) unless the ap11 plicant entity certifies to the Secretary of Housing

12 and Urban Development, or the Attorney General,

13 that the entity will supplement the grant amounts

14 with amounts of funds from non-Federal sources, as

15 follows:

16 (A) In each of the first 2 years that

17 amounts from the grant are disbursed (under

18 paragraph (5)), an amount sufficient to provide

19 not less than 35 percent of the cost of carrying

20 out the midnight sports league program.

21 (B) In each of the last 3 years that amounts

22 from the grant are disbursed, an amount suffi23 cient to provide not less than 50 percent of the

24 cost of carrying out the midnight sports league

25 program.
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1 (2) NON-FEDERAL FUNDS.—For purposes of this

2 subsection, the term ‘‘funds from non-Federal sources’’

3 includes amounts from nonprofit organizations, pub4 lic housing agencies, States, units of general local gov5 ernment, and Indian housing authorities, private con6 tributions, any salary paid to staff (other than from

7 grant amounts under subsection (a)) to carry out the

8 program of the eligible entity, in-kind contributions

9 to carry out the program (as determined by the Sec10 retary of Housing and Urban Development, in con11 sultation with the Attorney General, the Secretary of

12 Labor, the Secretary of Education, and with the Ad13 visory Committee), the value of any donated material,

14 equipment, or building, the value of any lease on a

15 building, the value of any utilities provided, and the

16 value of any time and services contributed by volun17 teers to carry out the program of the eligible entity.

18 (3) PROHIBITION ON SUBSTITUTION OF

19 FUNDS.—Grants made under subsection (a), and

20 amounts provided by States and units of general local

21 government to supplement the grants, may not be

22 used to replace other public funds previously used, or

23 designated for use, under this section.

24 (4) MAXIMUM AND MINIMUM GRANT AMOUNTS.—

25 The Secretary of Housing and Urban Development,
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1 in consultation with the Attorney General, the Sec2 retary of Labor, and the Secretary of Education, may

3 not make a grant under subsection (a) to any single

4 eligible entity in an amount less than $50,000 or ex5 ceeding $125,000.

6 (5) DISBURSEMENT.—Each grant made under

7 subsection (a)(1) shall be disbursed to the eligible en8 tity receiving the grant over the 5-year period begin9 ning on the date that the entity is selected to receive

10 the grant, as follows:

11 (A) In each of the first 2 years of such 5-

12 year period, 23 percent of the total grant amount

13 shall be disbursed to the entity.

14 (B) In each of the last 3 years of such 5-

15 year period, 18 percent of the total grant amount

16 shall be disbursed to the entity.

17 (f) APPLICATIONS.—To be eligible to receive a grant

18 under subsection (a), an eligible entity shall submit to the

19 Secretary of Housing and Urban Development an applica20 tion in the form and manner required by the Secretary of

21 Housing and Urban Development, in consultation with the

22 Attorney General, the Secretary of Labor, the Secretary of

23 Education, and with the Advisory Committee, which shall

24 include—
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1 (1) a description of the midnight sports league

2 program to be carried out by the entity, including a

3 description of the employment counseling, job train4 ing, and other educational services to be provided;

5 (2) letters of agreement from service providers to

6 provide training and counseling services required

7 under subsection (d) and a description of such service

8 providers;

9 (3) letters of agreement providing for facilities

10 for sports games and counseling, training, and edu11 cational services required under subsection (d) and a

12 description of the facilities;

13 (4) a list of persons and businesses from the com14 munity served by the program who have expressed in15 terest in sponsoring, or have made commitments to

16 sponsor, a team in the midnight sports league; and

17 (5) evidence that the neighborhood or community

18 served by the program meets the requirements of sub19 section (d)(3).

20 (g) SELECTION.—The Secretary of Housing and

21 Urban Development, in consultation with the Attorney Gen22 eral, the Secretary of Labor, the Secretary of Education,

23 and with the Advisory Committee, shall select eligible enti24 ties that submit applications under subsection (f) to receive

25 grants under subsection (a). The Secretary of Housing and
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1 Urban Development, in consultation with the Attorney Gen2 eral, the Secretary of Labor, the Secretary of Education,

3 and with the Advisory Committee, shall establish criteria

4 for selection of applicants to receive such grants. The cri5 teria shall include a preference for selection of eligible enti6 ties carrying out midnight sports league programs in sub7 urban and rural areas.

8 (h) REPORTS.—The Secretary of Housing and Urban

9 Development, in consultation with the Attorney General, the

10 Secretary of Labor, and the Secretary of Education, shall

11 require each eligible entity receiving a grant under sub12 section (a) to submit for each year in which grant amounts

13 are received by the entity, a report describing the activities

14 carried out with such amounts.

15 (i) STUDY.—To the extent amounts are provided under

16 appropriation Acts pursuant to subsection (k)(2), the Sec17 retary of Housing and Urban Development, in consultation

18 with the Attorney General, the Secretary of Labor, and the

19 Secretary of Education, shall make a grant to one entity

20 qualified to carry out a study under this subsection. The

21 entity shall use such grant to carry out a scientific study

22 of the effectiveness of midnight sports league programs

23 under subsection (d) of eligible entities receiving grants

24 under subsection (a). The Secretary of Housing and Urban

25 Development, in consultation with the Attorney General, the
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1 Secretary of Labor, and the Secretary of Education, shall

2 require such entity to submit a report describing the study

3 and any conclusions and recommendations resulting from

4 the study to the Congress and the Secretary of Housing and

5 Urban Development and the Attorney General not later

6 than the expiration of the 2-year period beginning on the

7 date that the grant under this subsection is made.

8 (j) DEFINITIONS.—For purposes of this section—

9 (1) the term ‘‘eligible entity’’ means an entity

10 described under subsection (b)(1); and

11 (2) the term ‘‘federally assisted low-income hous12 ing’’ has the meaning given the term in section 5126

13 of the Public and Assisted Housing Drug Elimination

14 Act of 1990.

15 (k) AUTHORIZATION OF APPROPRIATIONS.—There are

16 authorized to be appropriated—

17 (1) for grants under subsection (a), $10,000,000

18 in each of fiscal years 1995, 1996, 1997, 1998, and

19 1999; and

20 (2) for a study grant under subsection (i),

21 $250,000 in fiscal year 1995.

22 Subtitle E—Drug Courts

23 SEC. 1041. GRANT AUTHORITY.

24 The Attorney General may make grants to units of

25 State and local government, and to other public and private
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1 entities, for programs that involve continuing judicial su2 pervision over specified categories of persons with substance

3 abuse problems, and that involve the integrated administra4 tion of other sanctions and services including—

5 (1) testing for the use of controlled substances or

6 other addictive substances;

7 (2) substance abuse treatment;

8 (3) diversion, probation, or other supervised re9 lease involving the possibility of prosecution, confine10 ment, or incarceration based on noncompliance with

11 program requirements or failure to show satisfactory

12 progress; and

13 (4) programmatic or health related aftercare

14 services such as relapse prevention, education, voca15 tional training, job placement, housing placement,

16 and child care or other family support services.

17 SEC. 1042. ADMINISTRATION.

18 (a) CONSULTATION.—The Attorney General shall con19 sult with the Secretary of Health and Human Services and

20 any other appropriate officials in carrying out this subtitle.

21 (b) USE OF COMPONENTS.—The Attorney General

22 may utilize any component or components of the Depart23 ment of Justice in carrying out this subtitle.

24 (c) REGULATORY AUTHORITY.—The Attorney General

25 may issue regulations and guidelines to carry out this sub-
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1 title, including specifications concerning application re2 quirements, selection criteria, duration and renewal of

3 grants, evaluation requirements, matching funds, limita4 tion of administrative expenses, submission of reports by

5 grantees, recordkeeping by grantees, and access to books,

6 records, and documents maintained by grantees or other

7 persons for purposes of audit or examination.

8 (d) APPLICATIONS.—In addition to any other require9 ments that may be specified by the Attorney General, an

10 application for a grant under this subtitle shall—

11 (1) include a long-term strategy and detailed im12 plementation plan;

13 (2) explain the applicant’s inability to fund the

14 program adequately without Federal assistance;

15 (3) certify that the Federal support provided will

16 be used to supplement, and not supplant, State and

17 local sources of funding that would otherwise be avail18 able;

19 (4) identify related governmental or community

20 initiatives which complement or will be coordinated

21 with the proposal;

22 (5) certify that there has been appropriate con23 sultation with all affected agencies, and that there

24 will be appropriate coordination with all affected

25 agencies in the implementation of the program;
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1 (6) specify plans for obtaining necessary support

2 and continuing the proposed program following the

3 conclusion of Federal support; and

4 (7) describe the methodology that will be utilized

5 in evaluating the program.

6 SEC. 1043. TECHNICAL ASSISTANCE, TRAINING, AND EVAL7 UATION.

8 (a) TECHNICAL ASSISTANCE AND TRAINING.—The At9 torney General may provide technical assistance and train10 ing in furtherance of the purposes of this subtitle.

11 (b) EVALUATIONS.—In addition to any evaluation re12 quirements that may be prescribed for grantees, the Attor13 ney General may carry out or make arrangements for eval14 uations of programs that receive support under this subtitle.

15 (c) ADMINISTRATION.—The technical assistance, train16 ing, and evaluations authorized by this section may be car17 ried out directly by the Attorney General, in collaboration

18 with the Secretary of Health and Human Services, or

19 through grants, contracts, or other cooperative arrange20 ments with other entities.

21 SEC. 1044. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated $280,000,000

23 in each of fiscal years 1995, 1996, 1997, 1998, and 1999

24 to carry out this subtitle.
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1 Subtitle F—Assistance for

2 Delinquent and At-Risk Youth

3 SEC. 1051. GRANT AUTHORITY.

4 (a) IN GENERAL.—(1) In order to prevent the commis5 sion of crimes or delinquent acts by juveniles, the Attorney

6 General may make grants to public or private nonprofit

7 organizations to support the development and operation of

8 projects to provide residential services to youth, aged 11 to

9 19, who—

10 (A) have dropped out of school;

11 (B) have come into contact with the juvenile jus12 tice system; or

13 (C) are at risk of dropping out of school or com14 ing into contact with the juvenile justice system.

15 (2) Such services shall include activities designed to—

16 (A) increase the self-esteem of such youth;

17 (B) assist such youth in making healthy and re18 sponsible choices;

19 (C) improve the academic performance of such

20 youth pursuant to a plan jointly developed by the ap21 plicant and the school which each such youth attends

22 or should attend; and

23 (D) provide such youth with vocational and life

24 skills.
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1 (b) APPLICATIONS.—(1) A public agency or private

2 nonprofit organization which desires a grant under this sec3 tion shall submit an application at such time and in such

4 manner as the Attorney General may prescribe.

5 (2) Such application shall include—

6 (A) a description of the program developed by

7 the applicant, including the activities to be offered;

8 (B) a detailed discussion of how such program

9 will prevent youth from committing crimes or delin10 quent acts;

11 (C) evidence that such program—

12 (i) will be carried out in facilities which

13 meet applicable State and local laws with regard

14 to safety;

15 (ii) will include academic instruction, ap16 proved by the State or local educational agency,

17 which meets or exceeds State and local standards

18 and curricular requirements; and

19 (iii) will include instructors and other per20 sonnel who possess such qualifications as may be

21 required by applicable State or local laws; and

22 (D) specific, measurable outcomes for youth

23 served by the program.
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1 (c) CONSIDERATION OF APPLICATIONS.—Not later

2 than 60 days following the submission of applications, the

3 Attorney General shall—

4 (1) approve each application and disburse the

5 funding for each such application; or

6 (2) disapprove the application and inform the

7 applicant of such disapproval and the reasons there8 for.

9 (d) REPORTS.—A grantee under this section shall an10 nually submit a report to the Attorney General that de11 scribes the activities and accomplishments of such program,

12 including the degree to which the specific youth outcomes

13 are met.

14 SEC. 1052. AUTHORIZATION OF APPROPRIATIONS.

15 For grants under section 1051, there are authorized

16 to be appropriated $10,000,000 for each of the fiscal years

17 1995 through 1999.

18 Subtitle G—Police Recruitment

19 SEC. 1061. GRANT AUTHORITY.

20 (a) IN GENERAL.—The Attorney General may make

21 grants to qualified community organizations to assist in

22 meeting the costs of qualified programs which are designed

23 to recruit and retain applicants to police departments.

24 (b) QUALIFIED COMMUNITY ORGANIZATIONS.—An or25 ganization is a qualified community organization which is
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1 eligible to receive a grant under subsection (a) if the organi2 zation—

3 (1) is a non-profit organization; and

4 (2) has training and experience in—

5 (A) working with a police department and

6 with teachers, counselors, and similar personnel,

7 (B) providing services to the community in

8 which the organization is located,

9 (C) developing and managing services and

10 techniques to recruit individuals to become mem11 bers of a police department and to assist such in12 dividuals in meeting the membership require13 ments of police departments,

14 (D) developing and managing services and

15 techniques to assist in the retention of applicants

16 to police departments, and

17 (E) developing other programs that contrib18 ute to the community.

19 (c) QUALIFIED PROGRAMS.—A program is a qualified

20 program for which a grant may be made under subsection

21 (a) if the program is designed to recruit and train individ22 uals from underepresented neighborhoods and localities and

23 if—

24 (1) the overall design of the program is to recruit

25 and retain applicants to a police department;
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1 (2) the program provides recruiting services

2 which include tutorial programs to enable individuals

3 to meet police force academic requirements and to

4 pass entrance examinations;

5 (3) the program provides counseling to appli6 cants to police departments who may encounter prob7 lems throughout the application process; and

8 (4) the program provides retention services to as9 sist in retaining individuals to stay in the applica10 tion process of a police department.

11 (d) APPLICATIONS.—To qualify for a grant under sub12 section (a), a qualified organization shall submit an appli13 cation to the Attorney General in such form as the Attorney

14 General may prescribe. Such application shall—

15 (1) include documentation from the applicant

16 showing—

17 (A) the need for the grant;

18 (B) the intended use of grant funds;

19 (C) expected results from the use of grant

20 funds; and

21 (D) demographic characteristics of the pop22 ulation to be served, including age, disability,

23 race, ethnicity, and languages used; and

24 (2) contain assurances satisfactory to the Attor25 ney General that the program for which a grant is
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1 made will meet the applicable requirements of the

2 program guidelines prescribed by the Attorney Gen3 eral under subsection (i).

4 (e) ACTION BY THE ATTORNEY GENERAL.—Not later

5 than 60 days after the date that an application for a grant

6 under subsection (a) is received, the Attorney General shall

7 consult with the police department which will be involved

8 with the applicant and shall—

9 (1) approve the application and disburse the

10 grant funds applied for; or

11 (2) disapprove the application and inform the

12 applicant that the application is not approved and

13 provide the applicant with the reasons for the dis14 approval.

15 (f) GRANT DISBURSEMENT.—The Attorney General

16 shall disburse funds under a grant under subsection (a) in

17 accordance with regulations of the Attorney General which

18 shall ensure—

19 (1) priority is given to applications for areas

20 and organizations with the greatest showing of need;

21 (2) that grant funds are equitably distributed on

22 a geographic basis; and

23 (3) the needs of underserved populations are rec24 ognized and addressed.
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1 (g) GRANT PERIOD.—A grant under subsection (a)

2 shall be made for a period not longer than 3 years.

3 (h) GRANTEE REPORTING.—(1) For each year of a

4 grant period for a grant under subsection (a), the recipient

5 of the grant shall file a performance report with the Attor6 ney General explaining the activities carried out with the

7 funds received and assessing the effectiveness of such activi8 ties in meeting the purpose of the recipient’s qualified

9 program.

10 (2) If there was more than one recipient of a grant,

11 each recipient shall file such report.

12 (3) The Attorney General shall suspend the funding

13 of a grant if the recipient of the grant does not file the re14 port required by this subsection or uses the grant for a pur15 pose not authorized by this section.

16 (i) GUIDELINES.—The Attorney General shall, by reg17 ulation, prescribe guidelines on content and results for pro18 grams receiving a grant under subsection (a). Such guide19 lines shall be designed to establish programs which will be

20 effective in training individuals to enter instructional pro21 grams for police departments and shall include require22 ments for—

23 (1) individuals providing recruiting services;

24 (2) individuals providing tutorials and other

25 academic assistance programs;
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1 (3) individuals providing retention services; and

2 (4) the content and duration of recruitment, re3 tention, and counseling programs and the means and

4 devices used to publicize such programs.

5 SEC. 1062. AUTHORIZATION OF APPROPRIATIONS.

6 For grants under section 1061 there are authorized to

7 be appropriated $6,000,000 for each of the fiscal years 1995

8 through 1999.

9 Subtitle H—National Triad

10 Program

11 SEC. 1065. FINDINGS.

12 The Congress finds that—

13 (1) older Americans are among the most rapidly

14 growing segments of our society;

15 (2) currently, older Americans comprise 15 per16 cent of our society, and predictions are that by the

17 turn of the century they will constitute 18 percent of

18 the Nation’s population;

19 (3) older Americans find themselves uniquely sit20 uated in the society, environmentally and physically;

21 (4) many older Americans are experiencing in22 creased social isolation due to fragmented and distant

23 familial relations, scattered associations, limited ac24 cess to transportation, and other insulating factors;
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1 (5) physical conditions such as hearing loss, poor

2 eyesight, lessened agility, and chronic and debilitat3 ing illnesses often contribute to a senior citizen’s sus4 ceptibility to criminal victimization;

5 (6) older Americans are too frequently the vic6 tims of abuse and neglect, violent crime, property

7 crime, consumer fraud, medical quackery, and con8 fidence games;

9 (7) studies have found that older Americans that

10 are victims of violent crime are more likely to be in11 jured and require medical attention than are younger

12 victims;

13 (8) victimization data on crimes against older

14 Americans are incomplete and out of date, and data

15 sources are partial, scattered, and not easily obtained;

16 (9) although a few studies have attempted to de17 fine and estimate the extent of abuse and neglect of

18 older Americans, both in their homes and in institu19 tional settings, many experts believe that abuse and

20 neglect crimes are substantially underreported and

21 undetected;

22 (10) similarly, while some evidence suggests that

23 older Americans may be targeted in a range of fraud24 ulent schemes, neither the Uniform Crime Report nor
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1 the National Crime Survey collects data on

2 individual- or household-level fraud;

3 (11) many law enforcement agencies do not have

4 model practices for responding to the criminal abuse

5 of older Americans;

6 (12) law enforcement officers and social service

7 providers come from different disciplines and fre8 quently bring different perspectives to the problem of

9 crimes against older Americans;

10 (13) the differences in approaches can inhibit a

11 genuinely effective response;

12 (14) there are a few efforts currently under way

13 that seek to forge partnerships to coordinate criminal

14 justice and social service approaches to victimization

15 of older Americans;

16 (15) the Triad program, sponsored by the Na17 tional Sheriffs’ Association (NSA), the International

18 Association of Chiefs of Police (IACP), and the Amer19 ican Association of Retired Persons (AARP), is one

20 such effort;

21 (16) the Assistant Secretary for Aging, as the

22 senior executive branch officer formulating older

23 Americans policy, is an appropriate leader in efforts

24 to reduce violent crime against older Americans; and
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1 (17) recognizing that older Americans have the

2 same fundamental desire as other members of our so3 ciety to live freely, without fear or restriction due to

4 the criminal element, the Federal Government should

5 seek to expand efforts to reduce crime against this

6 growing and uniquely vulnerable segment of our pop7 ulation.

8 SEC. 1066. PURPOSES.

9 The purposes of this subtitle are—

10 (1) to support a coordinated effort among law

11 enforcement, older Americans organizations, and so12 cial service agencies to stem the tide of violence

13 against older Americans and support media and

14 nonmedia strategies aimed at increasing both public

15 understanding of the problem and the older Ameri16 cans’ skills in preventing crime against themselves

17 and their property; and

18 (2) to address the problem of crime against older

19 Americans in a systematic and effective manner by

20 promoting and expanding collaborative crime preven21 tion programs, such as the Triad model, that assist

22 law enforcement agencies and older Americans in im23 plementing specific strategies for crime prevention,

24 victim assistance, citizen involvement, and public

25 education.
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1 SEC. 1067. NATIONAL ASSESSMENT AND DISSEMINATION.

2 (a) IN GENERAL.—The Director of the National Insti3 tute of Justice in consultation with the Assistant Secretary

4 for Aging shall conduct a qualitative and quantitative na5 tional assessment of—

6 (1) the nature and extent of crimes committed

7 against older Americans and the effect of such crimes

8 on the victims;

9 (2) the numbers, extent, and impact of violent

10 crimes and nonviolent crimes (such as frauds and

11 ‘‘scams’’) against older Americans and the extent of

12 unreported crimes;

13 (3) the collaborative needs of law enforcement,

14 health, and social service organizations, focusing on

15 prevention of crimes against older Americans, to

16 identify, investigate, and provide assistance to vic17 tims of those crimes; and

18 (4) the development and growth of strategies to

19 respond effectively to the matters described in para20 graphs (1), (2), and (3).

21 (b) MATTERS TO BE ADDRESSED.—The national as22 sessment made pursuant to subsection (a) shall address—

23 (1) the analysis and synthesis of data from a

24 broad range of sources in order to develop accurate

25 information on the nature and extent of crimes

26 against older Americans, including identifying and
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1 conducting such surveys and other data collection ef2 forts as are needed and designing a strategy to keep

3 such information current over time;

4 (2) institutional and community responses to el5 derly victims of crime, focusing on the problems asso6 ciated with fear of victimization, abuse of older Amer7 icans, and hard-to-reach older Americans who are in

8 poor health, are living alone or without family near9 by, or living in high crime areas;

10 (3) special services and responses required by el11 derly victims;

12 (4) whether the experience of older Americans

13 with some service organizations differs markedly from

14 that of younger populations;

15 (5) the kinds of programs that have proven use16 ful in reducing victimization of older Americans

17 through crime prevention activities and programs;

18 (6) the kinds of programs that contribute to suc19 cessful coordination among public sector agencies and

20 community organizations in reducing victimization

21 of older Americans; and

22 (7) the research agenda needed to develop a com23 prehensive understanding of the problems of crimes

24 against older Americans, including the changes that
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1 can be anticipated in the crimes themselves and ap2 propriate responses as the society increasingly ages.

3 (c) AVOIDANCE OF DUPLICATION.—In conducting the

4 assessment under subsection (a), the Director of the Na5 tional Institute of Justice, in consultation with the Assist6 ant Secretary of Aging, shall draw upon the findings of ex7 isting studies and avoid duplication of efforts that have pre8 viously been made.

9 (d) DISSEMINATION.—Based on the results of the na10 tional assessment and analysis of successful or promising

11 strategies in dealing with the problems described in sub12 section (b) and other problems, including coalition efforts

13 such as the Triad programs described in section 1066, the

14 Director of the National Institute of Justice, in consultation

15 with the Assistant Secretary of Aging, shall disseminate the

16 results through reports, publications, clearinghouse services,

17 public service announcements, and programs of evaluation,

18 demonstration, training, and technical assistance.

19 SEC. 1068. PILOT PROGRAMS.

20 (a) AWARDS.—The Director of the Bureau of Justice

21 Assistance, in consultation with the Assistant Secretary of

22 Aging, shall make grants to coalitions of local law enforce23 ment agencies and older Americans to assist in the develop24 ment of programs and execute field tests of particularly

25 promising strategies for crime prevention services and relat-
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1 ed services based on the concepts of the Triad model, which

2 can then be evaluated and serve as the basis for further dem3 onstration and education programs.

4 (b) TRIAD COOPERATIVE MODEL.—(1) Subject to

5 paragraph (2), a pilot program funded under this section

6 shall consist of a cooperative model, which calls for the par7 ticipation of the sheriff, at least 1 police chief, and a rep8 resentative of at least 1 older Americans’ organization with9 in a county and may include participation by general serv10 ice coalitions of law enforcement, victim service, and senior

11 citizen advocate second service organizations. If there exists

12 with the applicant county an area agency on aging as de13 fined in section 102(17) of the Older Americans Act of 1965,

14 the applicant county must include the agency as an organi15 zational component in its program.

16 (2) If there is not both a sheriff and a police chief in

17 a county or if the sheriff or a police chief do not participate,

18 a pilot program funded under this section shall include in

19 the place of the sheriff or police chief another key law en20 forcement official in the county such as a local prosecutor.

21 (c) APPLICATION.—A coalition that desires to establish

22 a pilot program under this section shall submit to the Di23 rector of the Bureau of Justice Assistance an application

24 that includes—
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1 (1) a description of the community and its sen2 ior citizen population;

3 (2) assurances that Federal funds received under

4 this title shall be used to provide additional and ap5 propriate education and services to the community’s

6 older Americans;

7 (3) a description of the extent of involvement of

8 each organizational component (chief, sheriff (or other

9 law enforcement official), and senior organization

10 representative) and focus of the program;

11 (4) a comprehensive plan including—

12 (A) a description of the crime problems fac13 ing older Americans and need for expanded law

14 enforcement and victim assistance services;

15 (B) a description of the types of projects to

16 be developed or expanded;

17 (C) a plan for an evaluation of the results

18 of the program;

19 (D) a description of the resources (including

20 matching funds, in-kind services, and other re21 sources) available in the community to imple22 ment the program’s development or expansion;

23 (E) a description of the gaps that cannot be

24 filled with existing resources;
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1 (F) an explanation of how the requested

2 grant will be used to fill those gaps; and

3 (G) a description of the means and methods

4 the applicant will use to reduce criminal victim5 ization of older persons; and

6 (5) funding requirements for implementing a

7 comprehensive plan.

8 (d) DISTRIBUTION OF GRANT AWARDS.—The Director

9 of the Bureau of Justice Assistance, in consultation with

10 the Assistant Secretary for Aging, shall attempt, to the ex11 tent practicable, to achieve an equitable geographic dis12 tribution of grant awards for pilot programs authorized

13 under this subtitle.

14 (e) POST-GRANT PERIOD REPORT.—A grant recipient

15 under this section shall, not later than 6 months after the

16 conclusion of the grant period, submit to the Director of

17 the Bureau of Justice Assistance a report that—

18 (1) describes the composition of organizations

19 that participated in the pilot program;

20 (2) identifies problem areas encountered during

21 the course of the pilot program;

22 (3) provides data comparing the types and fre23 quency of criminal activity before and after the grant

24 period and the effect of such criminal activity on

25 older Americans in the community; and
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1 (4) describes the grant recipient’s plans and

2 goals for continuance of the program after the grant

3 period.

4 SEC. 1069. TRAINING ASSISTANCE, EVALUATION, AND DIS5 SEMINATION AWARDS.

6 In conjunction with the national assessment under sec7 tion 1067—

8 (1) the Director of the Bureau of Justice Assist9 ance, in consultation with the Assistant Secretary for

10 Aging, shall make awards to organizations with dem11 onstrated ability to provide training and technical

12 assistance in establishing crime prevention programs

13 based on the Triad model, for purposes of aiding in

14 the establishment and expansion of pilot programs

15 under this section;

16 (2) the Director of the National Institute of Jus17 tice, in consultation with the Assistant Secretary of

18 Aging, shall make awards to research organizations,

19 for the purposes of—

20 (A) evaluating the effectiveness of selected

21 pilot programs; and

22 (B) conducting the research and develop23 ment identified through the national assessment

24 as being critical; and
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1 (3) the Director of the Bureau of Justice Assist2 ance, in consultation with the Assistant Secretary for

3 Aging, shall make awards to public service advertis4 ing coalitions, for the purposes of mounting a pro5 gram of public service advertisements to increase pub6 lic awareness and understanding of the issues sur7 rounding crimes against older Americans and pro8 moting ideas or programs to prevent them.

9 SEC. 1070. REPORT.

10 The Director of the Bureau of Justice Assistance, in

11 consultation with the Assistant Secretary for Aging, and

12 the Director of the National Institute of Justice shall submit

13 to Congress an annual report (which may be included with

14 the report submitted under section 102(b) of title I of the

15 Omnibus Crime Control and Safe Streets Act of 1968 (42

16 U.S.C. 3712(b))) describing the results of the pilot programs

17 conducted under section 1068.

18 SEC. 1071. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated—

20 (1) $2,000,000 to the Bureau of Justice Assist21 ance for the purpose of making pilot program awards

22 in that amount under section 1068;

23 (2) $1,000,000 to the Bureau of Justice Assist24 ance for the purpose of funding the national training
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1 and technical assistance effort under sections 1967

2 and 1068;

3 (3) $1,000,000 to the Bureau of Justice Assist4 ance and $1,000,000 to the Administration on Aging,

5 for the purpose of developing public service announce6 ments under sections 1067 and 1069;

7 (4) $2,000,000 to the National Institute of Jus8 tice for the purposes of conducting the national assess9 ment, evaluating pilot programs, and carrying out

10 the research agenda under sections 1067 and 1069;

11 and

12 (5) to the extent that funds are not otherwise

13 available for the purpose, such sums as are necessary

14 to pay the administrative costs of carrying out this

15 subtitle.

16 Subtitle I—Local Partnership Act

17 SEC. 1075. ESTABLISHMENT OF PAYMENT PROGRAM.

18 (a) ESTABLISHMENT OF PROGRAM.—Title 31,

19 United States Code, is amended by inserting after chapter

20 65 the following:

21 ‘‘CHAPTER 67—FEDERAL PAYMENTS

‘‘Sec.

‘‘6701. Payments to local governments.

‘‘6702. Local Government Fiscal Assistance Fund.

‘‘6703. Qualification for payment.

‘‘6704. State area allocations; allocations and payments to territorial governments.

‘‘6705. Local government allocations.

‘‘6706. Income gap multiplier.

‘‘6707. State variation of local government allocations.
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‘‘6708. Adjustments of local government allocations.

‘‘6709. Information used in allocation formulas.

‘‘6710. Public participation.

‘‘6711. Prohibited discrimination.

‘‘6712. Discrimination proceedings.

‘‘6713. Suspension and termination of payments in discrimination proceedings.

‘‘6714. Compliance agreements.

‘‘6715. Enforcement by the Attorney General of prohibitions on discrimination.

‘‘6716. Civil action by a person adversely affected.

‘‘6717. Judicial review.

‘‘6718. Audits, investigations, and reviews.

‘‘6719. Reports.

‘‘6720. Definitions and application.

1 ‘‘§ 6701. Payments to local governments

2 ‘‘(a) PAYMENT AND USE.—

3 ‘‘(1) PAYMENT.—The Secretary of the Treasury

4 shall pay to each unit of general local government

5 which qualifies for a payment under this chapter an

6 amount equal to the sum of any amounts allocated to

7 the government under this chapter for each payment

8 period. The Secretary shall pay such amount out of

9 the Local Government Fiscal Assistance Fund under

10 section 6702.

11 ‘‘(2) USE.—Amounts paid to a unit of general

12 local government under this section shall be used by

13 that unit for carrying out one or more programs of

14 the unit related to—

15 ‘‘(A) education to prevent crime;

16 ‘‘(B) substance abuse treatment to prevent

17 crime;

18 ‘‘(C) coordination of crime prevention pro19 grams funded under this title with other existing
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1 Federal programs to meet the overall needs of

2 communities that benefit from funds received

3 under this section; or

4 ‘‘(D) job program to prevent crime.

5 ‘‘(b) TIMING OF PAYMENTS.—They shall pay each

6 amount allocated under this chapter to a unit of general

7 local government for a payment period by the later of 60

8 days after the date the amount is available or the first day

9 of the payment period.

10 ‘‘(c) ADJUSTMENTS.—(1) Subject to paragraph (2), the

11 Secretary shall adjust a payment under this chapter to a

12 unit of general local government to the extent that a prior

13 payment to the government was more or less than the

14 amount required to be paid.

15 ‘‘(2) The Secretary may increase or decrease under this

16 subsection a payment to a unit of local government only

17 if the Secretary determines the need for the increase or de18 crease, or the unit requests the increase or decrease, within

19 one year after the end of the payment period for which the

20 payment was made.

21 ‘‘(d) RESERVATION FOR ADJUSTMENTS.—The Sec22 retary may reserve a percentage of not more than 0.5 per23 cent of the amount under this section for a payment period

24 for all units of general local government in a State if the

25 Secretary considers the reserve is necessary to ensure the
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1 availability of sufficient amounts to pay adjustments after

2 the final allocation of amounts among the units of general

3 local government in the State.

4 ‘‘(e) REPAYMENT OF UNEXPENDED AMOUNTS.—

5 ‘‘(1) REPAYMENT REQUIRED.—A unit of general

6 local government shall repay to the Secretary, by not

7 later than November 15, 1995, any amount that is—

8 ‘‘(A) paid to the unit from amounts appro9 priated for fiscal year 1995 under the authority

10 of this section; and

11 ‘‘(B) not expended by the unit by October

12 31, 1995.

13 ‘‘(2) DEPOSIT OF AMOUNTS REPAID.—Amounts

14 received by the Secretary as repayments under this

15 subsection shall be deposited in the general fund of the

16 Treasury as miscellaneous receipts.

17 ‘‘(f) EXPENDITURE WITH DISADVANTAGED BUSINESS

18 ENTERPRISES.—

19 ‘‘(1) GENERAL RULE.—Of amounts paid to a

20 unit of general local government under this chapter

21 for a payment period, not less than 10 percent of the

22 total combined amounts obligated by the unit for con23 tracts and subcontracts shall be expended with—
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1 ‘‘(A) small business concerns controlled by

2 socially and economically disadvantaged indi3 viduals and women; and

4 ‘‘(B) historically Black colleges and univer5 sities and colleges and universities having a stu6 dent body in which more than 20 percent of the

7 students are Hispanic Americans or Native

8 Americans.

9 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

10 apply to amounts paid to a unit of general local gov11 ernment to the extent the unit determines that the

12 paragraph does not apply through a process that pro13 vides for public participation.

14 ‘‘(3) DEFINITIONS.—For purposes of this sub15 section—

16 ‘‘(A) the term ‘small business concern’ has

17 the meaning such term has under section 3 of the

18 Small Business Act; and

19 ‘‘(B) the term ‘socially and economically

20 disadvantaged individuals’ has the meaning such

21 term has under section 8(d) of the Small Busi22 ness Act and relevant subcontracting regulations

23 promulgated pursuant to that section.

24 ‘‘(g) NONSUPPLANTING REQUIREMENT.—(1) Funds

25 made available under this chapter to units of local govern-
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1 ment shall not be used to supplant State or local funds,

2 but will be used to increase the amount of funds that would,

3 in the absence of funds under this chapter, be made avail4 able from State or local sources.

5 ‘‘(2) The total level of funding available to a unit of

6 local government for accounts serving eligible purposes

7 under this chapter in the fiscal year immediately preceding

8 receipt of a grant under this chapter shall be designated

9 the ‘base level account’ for the fiscal year in which grant

10 is received. Grants under this chapter in a given fiscal year

11 shall be reduced on a dollar for dollar basis to the extent

12 that a unit of local government reduces its base level ac13 count in that fiscal year.

14 ‘‘(3) The Secretary shall issue regulations to imple15 ment this subsection.

16 ‘‘§ 6702. Local Government Fiscal Assistance Fund

17 ‘‘(a) ADMINISTRATION OF FUND.—The Department of

18 the Treasury has a Local Government Fiscal Assistance

19 Fund, which consists of amounts appropriated to the Fund.

20 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated to the Fund

22 $2,000,000,000 for fiscal years 1995 and 1996.

23 ‘‘§ 6703. Qualification for payment

24 ‘‘(a) IN GENERAL.—Under regulations issued by the

25 Secretary, a unit of general local government qualifies for
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1 a payment under this chapter for a payment period only

2 after establishing to the satisfaction of the Secretary that—

3 ‘‘(1) the government will establish a trust fund

4 in which the government will deposit all payments re5 ceived under this chapter;

6 ‘‘(2) the government will use amounts in the

7 trust fund (including interest) during a reasonable

8 period specified in the regulations issued by the

9 Secretary;

10 ‘‘(3) the government will expend the payments so

11 received, in accordance with the laws and procedures

12 that are applicable to the expenditure of revenues of

13 the government;

14 ‘‘(4) if at least 25 percent of the pay of individ15 uals employed by the government in a public em16 ployee occupation is paid out of the trust fund, indi17 viduals in the occupation any part of whose pay is

18 paid out of the trust fund will receive pay at least

19 equal to the prevailing rate of pay for individuals

20 employed in similar public employee occupations by

21 the government;

22 ‘‘(5) if at least 25 percent of the costs of a con23 struction project are paid out of the trust fund, labor24 ers and mechanics employed by contractors or sub25 contractors on the project will receive pay at least
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1 equal to the prevailing rate of pay for similar con2 struction in the locality as determined by the Sec3 retary of Labor under the Act of March 3, 1931 (46

4 Stat. 1494 et seq.; popularly known as the Davis5 Bacon Act), and the Secretary of Labor shall act on

6 labor standards under this paragraph in a manner

7 that is in accordance with Reorganization Plan No.

8 14 of 1950 (64 Stat. 1267) and section 2 of the Act

9 of June 13, 1934 (48 Stat. 948);

10 ‘‘(6) the government will use accounting, audit,

11 and fiscal procedures that conform to guidelines

12 which shall be prescribed by the Secretary after con13 sultation with the Comptroller General of the United

14 States;

15 ‘‘(7) after reasonable notice to the government,

16 the government will make available to the Secretary

17 and the Comptroller General of the United States,

18 with the right to inspect, records the Secretary rea19 sonably requires to review compliance with this chap20 ter or the Comptroller General of the United States

21 reasonably requires to review compliance and oper22 ations under section 6718(b); and

23 ‘‘(8) the government will make reports the Sec24 retary reasonably requires, in addition to the annual

25 reports required under section 6719(b).
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1 ‘‘(b) REVIEW BY GOVERNORS.—A unit of general local

2 government shall give the chief executive officer of the State

3 in which the government is located an opportunity for re4 view and comment before establishing compliance with sub5 section (a).

6 ‘‘(c) SANCTIONS FOR NONCOMPLIANCE.—(1) If the Sec7 retary decides that a unit of general local government has

8 not complied substantially with subsection (a) or regula9 tions prescribed under subsection (a), the Secretary shall

10 notify the government. The notice shall state that if the gov11 ernment does not take corrective action by the 60th day

12 after the date the government receives the notice, the Sec13 retary will withhold additional payments to the government

14 for the current payment period and later payment periods

15 until the Secretary is satisfied that the government—

16 ‘‘(A) has taken the appropriate corrective action;

17 and

18 ‘‘(B) will comply with subsection (a) and regula19 tions prescribed under subsection (a).

20 ‘‘(2) Before giving notice under paragraph (1), the

21 Secretary shall give the chief executive officer of the unit

22 of general local government reasonable notice and an oppor23 tunity for a proceeding.
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1 ‘‘(3) The Secretary may make a payment to a unit

2 of general local government notified under paragraph (1)

3 only if the Secretary is satisfied that the government—

4 ‘‘(A) has taken the appropriate corrective action;

5 and

6 ‘‘(B) will comply with subsection (a) and regula7 tions prescribed under subsection (a).

8 ‘‘§ 6704. State area allocations; allocations and pay9 ments to territorial governments

10 ‘‘(a) FORMULA ALLOCATION BY STATE.—For each

11 payment period, the Secretary shall allocate to each State

12 out of the amount appropriated for the period under the

13 authority of section 6702(b) (minus the amounts allocated

14 to territorial governments under subsection (e) for the pay15 ment period) an amount bearing the same ratio to the

16 amount appropriated (minus such amounts allocated under

17 subsection (e)) as the amount allocated to the State under

18 this section bears to the total amount allocated to all States

19 under this section. The Secretary shall—

20 ‘‘(1) determine the amount allocated to the State

21 under subsection (b) or (c) of this section and allocate

22 the larger amount to the State; and

23 ‘‘(2) allocate the amount allocated to the State to

24 units of general local government in the State under

25 sections 6705 and 6706.
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1 ‘‘(b) GENERAL FORMULA.—(1) The amount allocated

2 to a State under this subsection for a payment period is

3 the amount bearing the same ratio to $5,300,000,000 as—

4 ‘‘(A) the population of the State, multiplied by

5 the general tax effort factor of the State (determined

6 under paragraph (2)), multiplied by the relative in7 come factor of the State (determined under paragraph

8 (3)), multiplied by the relative rate of the labor force

9 unemployed in the State (determined under para10 graph (4)); bears to

11 ‘‘(B) the sum of the products determined under

12 subparagraph (A) of this paragraph for all States.

13 ‘‘(2) The general tax effort factor of a State for a pay14 ment period is—

15 ‘‘(A) the net amount of State and local taxes of

16 the State collected during the years used by the Sec17 retary of Commerce in the most recent Bureau of the

18 Census general determination of State and local taxes

19 made before the beginning of the payment period; di20 vided by

21 ‘‘(B) the total income of individuals, as deter22 mined by the Secretary of Commerce for national in23 come accounts purposes, attributed to the State for the

24 same years.
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1 ‘‘(3) The relative income factor of a State is a fraction

2 in which—

3 ‘‘(A) the numerator is the per capita income of

4 the United States; and

5 ‘‘(B) the denominator is the per capita income

6 of the State.

7 ‘‘(4) The relative rate of the labor force unemployed

8 in a State is a fraction in which—

9 ‘‘(A) the numerator is the percentage of the labor

10 force of the State that is unemployed (as determined

11 by the Secretary of Labor for general statistical pur12 poses); and

13 ‘‘(B) the denominator is the percentage of the

14 labor force of the United States that is unemployed

15 (as determined by the Secretary of Labor for general

16 statistical purposes).

17 ‘‘(c) ALTERNATIVE FORMULA.—The amount allocated

18 to a State under this subsection for a payment period is

19 the total amount the State would receive if—

20 ‘‘(1) $1,166,666,667 were allocated among the

21 States on the basis of population by allocating to each

22 State an amount bearing the same ratio to the total

23 amount to be allocated under this paragraph as the

24 population of the State bears to the population of all

25 States;
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1 ‘‘(2) $1,166,666,667 were allocated among the

2 States on the basis of population inversely weighted

3 for per capita income, by allocating to each State an

4 amount bearing the same ratio to the total amount to

5 be allocated under this paragraph as—

6 ‘‘(A) the population of the State, multiplied

7 by a fraction in which—

8 ‘‘(i) the numerator is the per capita

9 income of all States; and

10 ‘‘(ii) the denominator is the per capita

11 income of the State; bears to

12 ‘‘(B) the sum of the products determined

13 under subparagraph (A) for all States;

14 ‘‘(3) $600,000,000 were allocated among the

15 States on the basis of income tax collections by allo16 cating to each State an amount bearing the same

17 ratio to the total amount to be allocated under this

18 paragraph as the income tax amount of the State (de19 termined under subsection (d)(1)) bears to the sum of

20 the income tax amounts of all States;

21 ‘‘(4) $600,000,000 were allocated among the

22 States on the basis of general tax effort by allocating

23 to each State an amount bearing the same ratio to the

24 total amount to be allocated under this paragraph as

25 the general tax effort amount of the State (determined
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1 under subsection (d)(2)) bears to the sum of the gen2 eral tax effort amounts of all States;

3 ‘‘(5) $600,000,000 were allocated among the

4 States on the basis of unemployment by allocating to

5 each State an amount bearing the same ratio to the

6 total amount to be allocated under this paragraph

7 as—

8 ‘‘(A) the labor force of the State, multiplied

9 by a fraction in which—

10 ‘‘(i) the numerator is the percentage of

11 the labor force of the State that is unem12 ployed (as determined by the Secretary of

13 Labor for general statistical purposes); and

14 ‘‘(ii) the denominator is the percentage

15 of the labor force of the United States that

16 is unemployed (as determined by the Sec17 retary of Labor for general statistical pur18 poses);

19 bears to

20 ‘‘(B) the sum of the products determined

21 under subparagraph (A) for all States; and

22 ‘‘(6) $1,166,666,667 were allocated among the

23 States on the basis of urbanized population by allo24 cating to each State an amount bearing the same

25 ratio to the total amount to be allocated under this
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1 paragraph as the urbanized population of the State

2 bears to the urbanized population of all States. In

3 this paragraph, the term ‘urbanized population’

4 means the population of an area consisting of a

5 central city or cities of at least 50,000 inhabitants

6 and the surrounding closely settled area for the city

7 or cities considered as an urbanized area by the Sec8 retary of Commerce for general statistical purposes.

9 ‘‘(d) INCOME TAX AMOUNT AND TAX EFFORT

10 AMOUNT.—(1) The income tax amount of a State for a pay11 ment period is 15 percent of the net amount collected during

12 the calendar year ending before the beginning of the pay13 ment period from the tax imposed on the income of individ14 uals by the State and described as a State income tax under

15 section 164(a)(3) of the Internal Revenue Code of 1986 (26

16 U.S.C. 164(a)(3)). The income tax amount for a payment

17 period shall be at least 1 percent but not more than 6 per18 cent of the United States Government individual income

19 tax liability attributed to the State for the taxable year end20 ing during the last calendar year ending before the begin21 ning of the payment period. The Secretary shall determine

22 the Government income tax liability attributed to the State

23 on the same basis as the Secretary of the Treasury deter24 mines that liability for general statistical purposes.
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1 ‘‘(2) The general tax effort amount of a State for a

2 payment period is the amount determined by multiply3 ing—

4 ‘‘(A) the net amount of State and local taxes of

5 the State collected during the years used by the Sec6 retary of Commerce in the most recent Bureau of the

7 Census general determination of State and local taxes

8 made before the beginning of the payment period; by

9 ‘‘(B) the general tax effort factor of the State de10 termined under subsection (b)(2).

11 ‘‘(e) ALLOCATION FOR PUERTO RICO, GUAM, AMER12 ICAN SAMOA, AND THE VIRGIN ISLANDS.—(1)(A) For each

13 payment period for which funds are available for allocation

14 under this chapter, the Secretary shall allocate to each terri15 torial government an amount equal to the product of 1 per16 cent of the amount of funds available for allocation multi17 plied by the applicable territorial percentage.

18 ‘‘(B) For the purposes of this paragraph, the applica19 ble territorial percentage of a territory is equal to the

20 quotient resulting from the division of the territorial popu21 lation of such territory by the sum of the territorial popu22 lation for all territories.

23 ‘‘(2) The governments of the territories shall make pay24 ments to local governments within their jurisdiction from
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1 sums received under this subsection as they consider appro2 priate.

3 ‘‘(3) For purposes of this subsection—

4 ‘‘(A) the term ‘territorial government’

5 means the government of a territory;

6 ‘‘(B) the term ‘territory’ means Puerto Rico,

7 Guam, American Samoa, and the Virgin Is8 lands; and

9 ‘‘(C) the term ‘territorial population’ means

10 the most recent population for each territory as

11 determined by the Bureau of Census.

12 ‘‘§ 6705. Local government allocations

13 ‘‘(a) INDIAN TRIBES AND ALASKAN NATIVES VIL14 LAGES.—If there is in a State an Indian tribe or Alaskan

15 native village having a recognized governing body carrying

16 out substantial governmental duties and powers, the Sec17 retary shall allocate to the tribe or village, out of the

18 amount allocated to the State under section 6704, an

19 amount bearing the same ratio to the amount allocated to

20 the State as the population of the tribe or village bears to

21 the population of the State. The Secretary shall allocate

22 amounts under this subsection to Indian tribes and Alaskan

23 native villages in a State before allocating amounts to units

24 of general local government in the State under subsection

25 (b).
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1 ‘‘(b) OTHER LOCAL GOVERNMENT ALLOCATIONS.—(1)

2 The Secretary shall allocate among the units of general local

3 government in a State (other than units receiving alloca4 tions under subsection (a)) the amount allocated to the

5 State under section 6704 (as that amount is reduced by al6 locations under subsection (a)). Of the amount to be allocated, the Secretary shall allocate a portion equal to 1 7 ⁄2 of

8 such amount in accordance with section 6706(1), and shall

allocate a portion equal to 1 9 ⁄2 of such amount in accordance

10 with section 6706(2). A unit of general local government

11 shall receive an amount equal to the sum of amounts allo12 cated to the unit from each portion.

13 ‘‘(2) From each portion to be allocated to units of local

14 government in a State under paragraph (1), the Secretary

15 shall allocate to a unit an amount bearing the same ratio

16 to the funds to be allocated as—

17 ‘‘(A) the population of the unit, multiplied by

18 the general tax effort factor of the unit (determined

19 under paragraph (3)), multiplied by the income gap

20 of the unit (determined under paragraph (4)), bears

21 to

22 ‘‘(B) the sum of the products determined under

23 subparagraph (A) for all units in the State for which

24 the income gap for that portion under paragraph (4)

25 is greater than zero.
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1 ‘‘(3)(A) Except as provided in subparagraph (C), the

2 general tax effort factor of a unit of general local govern3 ment for a payment period is—

4 ‘‘(i) the adjusted taxes of the unit; divided by

5 ‘‘(ii) the total income attributed to the unit.

6 ‘‘(B) If the amount determined under subparagraphs

7 (A) (i) and (ii) for a unit of general local government is

8 less than zero, the general tax effort factor of the unit is

9 deemed to be zero.

10 ‘‘(C)(i) Except as otherwise provided in this subpara11 graph, the adjusted taxes of a unit of general local govern12 ment are the taxes imposed by the unit for public purposes

13 (except employee and employer assessments and contribu14 tions to finance retirement and social insurance systems

15 and other special assessments for capital outlay), as deter16 mined by the Secretary of Commerce for general statistical

17 purposes and adjusted (under regulations of the Secretary)

18 to exclude amounts properly allocated to education

19 expenses.

20 ‘‘(ii) The Secretary shall, for purposes of clause (i),

21 include that part of sales taxes transferred to a unit of gen22 eral local government that are imposed by a county govern23 ment in the geographic area of which is located the unit

24 of general local government as taxes imposed by the unit

25 for public purposes if—
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1 ‘‘(I) the county government transfers any part of

2 the revenue from the taxes to the unit of general local

3 government without specifying the purpose for which

4 the unit of general local government may expend the

5 revenue; and

6 ‘‘(II) the chief executive officer of the State noti7 fies the Secretary that the taxes satisfy the require8 ments of this clause.

9 ‘‘(iii) The adjusted taxes of a unit of general local gov10 ernment shall not exceed the maximum allowable adjusted

11 taxes for that unit.

12 ‘‘(iv) The maximum allowable adjusted taxes for a unit

13 of general local government is the allowable adjusted taxes

14 of the unit minus the excess adjusted taxes of the unit.

15 ‘‘(v) The allowable adjusted taxes of a unit of general

16 government is the greater of—

17 ‘‘(I) the amount equal to 2.5, multiplied by the

18 per capita adjusted taxes of all units of general local

19 government of the same type in the State, multiplied

20 by the population of the unit; or

21 ‘‘(II) the amount equal to the population of the

22 unit, multiplied by the sum of the adjusted taxes of

23 all units of municipal local government in the State,

24 divided by the sum of the populations of all the units

25 of municipal local government in the State.
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1 ‘‘(vi) The excess adjusted taxes of a unit of general

2 local government is the amount equal to—

3 ‘‘(I) the adjusted taxes of the unit, minus

4 ‘‘(II) 1.5 multiplied by the allowable adjusted

5 taxes of the unit;

6 except that if this amount is less than zero then the excess

7 adjusted taxes of the unit is deemed to be zero.

8 ‘‘(vii) For purposes of this subparagraph—

9 ‘‘(I) the term ‘per capita adjusted taxes of all

10 units of general local government of the same type’

11 means the sum of the adjusted taxes of all units of

12 general local government of the same type divided by

13 the sum of the populations of all units of general local

14 government of the same type; and

15 ‘‘(II) the term ‘units of general local government

16 of the same type’ means all townships if the unit of

17 general local government is a township, all munici18 palities if the unit of general local government is a

19 municipality, all counties if the unit of general local

20 government is a county, or all unified city/county

21 governments if the unit of general local government is

22 a unified city/county government.

23 ‘‘(4)(A) Except as provided in subparagraph (B), the

24 income gap of a unit of general local government is—
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1 ‘‘(i) the number which applies under section

2 6706, multiplied by the per capita income of the

3 State in which the unit is located; minus

4 ‘‘(ii) the per capita income of the geographic

5 area of the unit.

6 ‘‘(B) If the amount determined under subparagraph

7 (A) for a unit of general local government is less than zero,

8 then the relative income factor of the unit is deemed to be

9 zero.

10 ‘‘(c) SMALL GOVERNMENT ALLOCATIONS.—If the Sec11 retary decides that information available for a unit of gen12 eral local government with a population below a number

13 (of not more than 500) prescribed by the Secretary is inad14 equate, the Secretary may allocate to the unit, in lieu of

15 any allocation under subsection (b) for a payment period,

16 an amount bearing the same ratio to the total amount to

17 be allocated under subsection (b) for the period for all units

18 of general local government in the State as the population

19 of the unit bears to the population of all units in the State.

20 ‘‘§ 6706. Income gap multiplier

21 ‘‘For purposes of determining the income gap of a unit

22 of general local government under section 6705(b)(4)(A), the

23 number which applies is—
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‘‘(1) 1.6, with respect to 1 1 ⁄2 of any amount allo2 cated under section 6704 to the State in which the

3 unit is located; and

4 ‘‘(2) 1.2, with respect to the remainder of such

5 amount.

6 ‘‘§ 6707. State variation of local government alloca7 tions

8 ‘‘(a) STATE FORMULA.—A State government may pro9 vide by law for the allocation of amounts among units of

10 general local government in the State on the basis of popu11 lation multiplied by the general tax effort factors or income

12 gaps of the units of general local government determined

13 under sections 6705 (a) and (b) or a combination of those

14 factors. A State government providing for a variation of

15 an allocation formula provided under sections 6705 (a) and

16 (b) shall notify the Secretary of the variation by the 30th

17 day before the beginning of the first payment period in

18 which the variation applies. A variation shall—

19 ‘‘(1) provide for allocating the total amount allo20 cated under sections 6705 (a) and (b);

21 ‘‘(2) apply uniformly in the State; and

22 ‘‘(3) apply only to payment periods beginning

23 before October 1, 1995.

24 ‘‘(b) CERTIFICATION.—A variation by a State govern25 ment under this section may apply only if the Secretary
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1 certifies that the variation complies with this section. The

2 Secretary may certify a variation only if the Secretary is

3 notified of the variation at least 30 days before the first

4 payment period in which the variation applies.

5 ‘‘§ 6708. Adjustments of local government allocations

6 ‘‘(a) MAXIMUM AMOUNT.—The amount allocated to a

7 unit of general local government for a payment period may

8 not exceed the adjusted taxes imposed by the unit of general

9 local government as determined under section 6705(b)(3).

10 Amounts in excess of adjusted taxes shall be paid to the

11 Governor of the State in which the unit of local government

12 is located.

13 ‘‘(b) DE MINIMIS ALLOCATIONS.—If the amount allo14 cated to a unit of general local government (except an In15 dian tribe or an Alaskan native village) for a payment pe16 riod would be less than $5,000 but for this subsection or

17 is waived by the governing authority of the unit of general

18 local government, the Secretary shall pay the amount to the

19 Governor of the State in which the unit is located.

20 ‘‘(c) USE OF PAYMENTS TO STATES.—The Governor

21 of a State shall use all amounts paid to the Governor under

22 subsections (a) and (b) for programs described in section

23 6701(a)(2) in areas of the State where are located the units

24 of general local government with respect to which amounts

25 are paid under subsection (b).
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1 ‘‘§ 6709. Information used in allocation formulas

2 ‘‘(a) USE OF MOST RECENT INFORMATION.—Except

3 as provided in this section, the Secretary shall use the most

4 recent available information provided by the Secretary of

5 Commerce and the Secretary of Labor before the beginning

6 of the payment period to determine an allocation under this

7 chapter. If the Secretary decides that the information is not

8 current or complete enough to provide for a fair allocation,

9 the Secretary may use additional information (including

10 information based on estimates) as provided under regula11 tions of the Secretary.

12 ‘‘(b) POPULATION DATA.—(1) The Secretary shall de13 termine population on the same basis that the Secretary

14 of Commerce determines resident population for general sta15 tistical purposes.

16 ‘‘(2) The Secretary shall request the Secretary of Com17 merce to adjust the population information provided to the

18 Secretary as soon as practicable to include a reasonable es19 timate of the number of resident individuals not counted

20 in the 1990 census or revisions of the census. The Secretary

21 shall use the estimates in determining allocations for the

22 payment period beginning after the Secretary receives the

23 estimates. The Secretary shall adjust population informa24 tion to reflect adjustments made under section 118 of the

25 Act of October 1, 1980 (Public Law 96–369, 94 Stat. 1357).
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1 ‘‘(c) ADDITIONAL DATA LIMITATIONS.—The Secretary

2 may not—

3 ‘‘(1) in determining an allocation for a payment

4 period, use information on tax collections for years

5 more recent than the years used by the Secretary of

6 Commerce in the most recent Bureau of the Census

7 general determination of State and local taxes made

8 before the beginning of that period; or

9 ‘‘(2) consider a change in information used to

10 determine an allocation for a period of 60 months if

11 the change—

12 ‘‘(A) results from a major disaster declared

13 by the President under section 401 of The Robert

14 T. Stafford Disaster Relief and Emergency As15 sistance Act; and

16 ‘‘(B) reduces the amount of an allocation.

17 ‘‘§ 6710. Public participation

18 ‘‘(a) HEARINGS.—(1) A unit of general local govern19 ment expending payments under this chapter shall hold at

20 least one public hearing on the proposed use of the payment

21 in relation to its entire budget. At the hearing, persons shall

22 be given an opportunity to provide written and oral views

23 to the governmental authority responsible for enacting the

24 budget and to ask questions about the entire budget and

25 the relation of the payment to the entire budget. The govern-
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1 ment shall hold the hearing at a time and a place that al2 lows and encourages public attendance and participation.

3 ‘‘(2) A unit of general local government holding a hear4 ing required under this subsection or by the budget process

5 of the government shall try to provide senior citizens and

6 senior citizen organizations with an opportunity to present

7 views at the hearing before the government makes a final

8 decision on the use of the payment.

9 ‘‘(b) DISCLOSURE OF INFORMATION.—(1) By the 10th

10 day before a hearing required under subsection (a)(1) is

11 held, a unit of general local government shall—

12 ‘‘(A) make available for inspection by the public

13 at the principal office of the government a statement

14 of the proposed use of the payment and a summary

15 of the proposed budget of the government; and

16 ‘‘(B) publish in at least one newspaper of gen17 eral circulation the proposed use of the payment with

18 the summary of the proposed budget and a notice of

19 the time and place of the hearing.

20 ‘‘(2) By the 30th day after adoption of the budget

21 under State or local law, the government shall—

22 ‘‘(A) make available for inspection by the public

23 at the principal office of the government a summary

24 of the adopted budget, including the proposed use of

25 the payment; and
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1 ‘‘(B) publish in at least one newspaper of gen2 eral circulation a notice that the information referred

3 to in subparagraph (A) is available for inspection.

4 ‘‘(c) WAIVERS OF REQUIREMENTS.—Under regulations

5 of the Secretary, a requirement—

6 ‘‘(1) under subsection (a)(1) may be waived if

7 the budget process required under the applicable State

8 or local law or charter provisions—

9 ‘‘(A) ensures the opportunity for public at10 tendance and participation contemplated by sub11 section (a); and

12 ‘‘(B) includes a hearing on the proposed use

13 of a payment received under this chapter in rela14 tion to the entire budget of the government; and

15 ‘‘(2) under subsection (b)(1)(B) and paragraph

16 (2)(B) may be waived if the cost of publishing the in17 formation would be unreasonably burdensome in rela18 tion to the amount allocated to the government from

19 amounts available for payment under this chapter, or

20 if publication is otherwise impracticable.

21 ‘‘(d) EXCEPTION TO 10-DAY LIMITATION.—If the Sec22 retary is satisfied that a unit of general local government

23 will provide adequate notice of the proposed use of a pay24 ment received under this chapter, the 10-day period under
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1 subsection (b)(1) may be changed to the extent necessary

2 to comply with applicable State or local law.

3 ‘‘(e) APPLICATION TO GOVERNMENTS WITHOUT BUDG4 ETS.—The Secretary shall prescribe regulations for apply5 ing this section to units of general local government that

6 do not adopt budgets.

7 ‘‘§ 6711. Prohibited discrimination

8 ‘‘(a) GENERAL PROHIBITION.—No person in the Unit9 ed States shall be excluded from participating in, be denied

10 the benefits of, or be subject to discrimination under, a pro11 gram or activity of a unit of general local government be12 cause of race, color, national origin, or sex if the govern13 ment receives a payment under this chapter.

14 ‘‘(b) ADDITIONAL PROHIBITIONS.—The following pro15 hibitions and exemptions also apply to a program or activ16 ity of a unit of general local government if the government

17 receives a payment under this chapter:

18 ‘‘(1) A prohibition against discrimination be19 cause of age under the Age Discrimination Act of

20 1975.

21 ‘‘(2) A prohibition against discrimination

22 against an otherwise qualified handicapped individ23 ual under section 504 of the Rehabilitation Act of

24 1973.
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1 ‘‘(3) A prohibition against discrimination be2 cause of religion, or an exemption from that prohibi3 tion, under the Civil Rights Act of 1964 or title VIII

4 of the Act of April 11, 1968 (popularly known as the

5 Civil Rights Act of 1968).

6 ‘‘(c) LIMITATIONS ON APPLICABILITY OF PROHIBI7 TIONS.—Subsections (a) and (b) do not apply if the govern8 ment shows, by clear and convincing evidence, that a pay9 ment received under this chapter is not used to pay for any

10 part of the program or activity with respect to which the

11 allegation of discrimination is made.

12 ‘‘(d) INVESTIGATION AGREEMENTS.—The Secretary

13 shall try to make agreements with heads of agencies of the

14 United States Government and State agencies to investigate

15 noncompliance with this section. An agreement shall—

16 ‘‘(1) describe the cooperative efforts to be taken

17 (including sharing civil rights enforcement personnel

18 and resources) to obtain compliance with this section;

19 and

20 ‘‘(2) provide for notifying immediately the Sec21 retary of actions brought by the United States Gov22 ernment or State agencies against a unit of general

23 local government alleging a violation of a civil rights

24 law or a regulation prescribed under a civil rights

25 law.
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1 ‘‘§ 6712. Discrimination proceedings

2 ‘‘(a) NOTICE OF NONCOMPLIANCE.—By the 10th day

3 after the Secretary makes a finding of discrimination or

4 receives a holding of discrimination about a unit of general

5 local government, the Secretary shall submit a notice of

6 noncompliance to the government. The notice shall state the

7 basis of the finding or holding.

8 ‘‘(b) INFORMAL PRESENTATION OF EVIDENCE.—A

9 unit of general local government may present evidence in10 formally to the Secretary within 30 days after the govern11 ment receives a notice of noncompliance from the Secretary.

12 Except as provided in subsection (e), the government may

13 present evidence on whether—

14 ‘‘(1) a person in the United States has been ex15 cluded or denied benefits of, or discriminated against

16 under, the program or activity of the government, in

17 violation of section 6711(a);

18 ‘‘(2) the program or activity of the government

19 violated a prohibition described in section 6711(b);

20 and

21 ‘‘(3) any part of that program or activity has

22 been paid for with a payment received under this

23 chapter.

24 ‘‘(c) TEMPORARY SUSPENSION OF PAYMENTS.—By the

25 end of the 30-day period under subsection (b), the Secretary

26 shall decide whether the unit of general local government
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1 has not complied with section 6711 (a) or (b), unless the

2 government has entered into a compliance agreement under

3 section 6714. If the Secretary decides that the government

4 has not complied, the Secretary shall notify the government

5 of the decision and shall suspend payments to the govern6 ment under this chapter unless, within 10 days after the

7 government receives notice of the decision, the government—

8 ‘‘(1) enters into a compliance agreement under

9 section 6714; or

10 ‘‘(2) requests a proceeding under subsection

11 (d)(1).

12 ‘‘(d) ADMINISTRATIVE REVIEW OF SUSPENSIONS.—(1)

13 A proceeding requested under subsection (c)(2) shall begin

14 by the 30th day after the Secretary receives a request for

15 the proceeding. The proceeding shall be before an adminis16 trative law judge appointed under section 3105 of title 5,

17 United States Code. By the 30th day after the beginning

18 of the proceeding, the judge shall issue a preliminary deci19 sion based on the record at the time on whether the unit

20 of general local government is likely to prevail in showing

21 compliance with section 6711 (a) or (b).

22 ‘‘(2) If the administrative law judge decides at the end

23 of a proceeding under paragraph (1) that the unit of general

24 local government has—
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1 ‘‘(A) not complied with section 6711 (a) or (b),

2 the judge may order payments to the government

3 under this chapter terminated; or

4 ‘‘(B) complied with section 6711 (a) or (b), a

5 suspension under section 6713(a)(1)(A) shall be dis6 continued promptly.

7 ‘‘(3) An administrative law judge may not issue a pre8 liminary decision that the government is not likely to pre9 vail if the judge has issued a decision described in para10 graph (2)(A).

11 ‘‘(e) BASIS FOR REVIEW.—In a proceeding under sub12 sections (b) through (d) on a program or activity of a unit

13 of general local government about which a holding of dis14 crimination has been made, the Secretary or administrative

15 law judge may consider only whether a payment under this

16 chapter was used to pay for any part of the program or

17 activity. The holding of discrimination is conclusive. If the

18 holding is reversed by an appellate court, the Secretary or

19 judge shall end the proceeding.

20 ‘‘§ 6713. Suspension and termination of payments in

21 discrimination proceedings

22 ‘‘(a) IMPOSITION AND CONTINUATION OF SUSPEN23 SIONS.—(1) The Secretary shall suspend payment under

24 this chapter to a unit of general local government—
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1 ‘‘(A) if an administrative law judge appointed

2 under section 3105 of title 5, United States Code, is3 sues a preliminary decision in a proceeding under

4 section 6712(d)(1) that the government is not likely to

5 prevail in showing compliance with section 6711 (a)

6 and (b);

7 ‘‘(B) if the administrative law judge decides at

8 the end of the proceeding that the government has not

9 complied with section 6711 (a) or (b), unless the gov10 ernment makes a compliance agreement under section

11 6714 by the 30th day after the decision; or

12 ‘‘(C) if required under section 6712(c).

13 ‘‘(2) A suspension already ordered under paragraph

14 (1)(A) continues in effect if the administrative law judge

15 makes a decision under paragraph (1)(B).

16 ‘‘(b) LIFTING OF SUSPENSIONS AND TERMINATIONS.—

17 If a holding of discrimination is reversed by an appellate

18 court, a suspension or termination of payments in a pro19 ceeding based on the holding shall be discontinued.

20 ‘‘(c) RESUMPTION OF PAYMENTS UPON ATTAINING

21 COMPLIANCE.—The Secretary may resume payment to a

22 unit of general local government of payments suspended by

23 the Secretary only—

24 ‘‘(1) as of the time of, and under the conditions

25 stated in—
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1 ‘‘(A) the approval by the Secretary of a

2 compliance agreement under section 6714(a)(1);

3 or

4 ‘‘(B) a compliance agreement entered into

5 by the Secretary under section 6714(a)(2);

6 ‘‘(2) if the government complies completely with

7 an order of a United States court, a State court, or

8 administrative law judge that covers all matters

9 raised in a notice of noncompliance submitted by the

10 Secretary under section 6712(a);

11 ‘‘(3) if a United States court, a State court, or

12 an administrative law judge decides (including a

13 judge in a proceeding under section 6712(d)(1)), that

14 the government has complied with sections 6711 (a)

15 and (b); or

16 ‘‘(4) if a suspension is discontinued under sub17 section (b).

18 ‘‘(d) PAYMENT OF DAMAGES AS COMPLIANCE.—For

19 purposes of subsection (c)(2), compliance by a government

20 may consist of the payment of restitution to a person in21 jured because the government did not comply with section

22 6711 (a) or (b).

23 ‘‘(e) RESUMPTION OF PAYMENTS UPON REVERSAL BY

24 COURT.—The Secretary may resume payment to a unit of

25 general local government of payments terminated under sec-
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1 tion 6712(d)(2)(A) only if the decision resulting in the ter2 mination is reversed by an appellate court.

3 ‘‘§ 6714. Compliance agreements

4 ‘‘(a) TYPES OF COMPLIANCE AGREEMENTS.—A com5 pliance agreement is an agreement—

6 ‘‘(1) approved by the Secretary, between the gov7 ernmental authority responsible for prosecuting a

8 claim or complaint that is the basis of a holding of

9 discrimination and the chief executive officer of the

10 unit of general local government that has not com11 plied with section 6711 (a) or (b); or

12 ‘‘(2) between the Secretary and the chief execu13 tive officer.

14 ‘‘(b) CONTENTS OF AGREEMENTS.—A compliance

15 agreement—

16 ‘‘(1) shall state the conditions the unit of general

17 local government has agreed to comply with that

18 would satisfy the obligations of the government under

19 sections 6711 (a) and (b);

20 ‘‘(2) shall cover each matter that has been found

21 not to comply, or would not comply, with section

22 6711 (a) or (b); and

23 ‘‘(3) may be a series of agreements that dispose

24 of those matters.
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1 ‘‘(c) AVAILABILITY OF AGREEMENTS TO PARTIES.—

2 The Secretary shall submit a copy of a compliance agree3 ment to each person who filed a complaint referred to in

4 section 6716(b), or, if an agreement under subsection (a)(1),

5 each person who filed a complaint with a governmental au6 thority, about a failure to comply with section 6711 (a)

7 or (b). The Secretary shall submit the copy by the 15th day

8 after an agreement is made. However, if the Secretary ap9 proves an agreement under subsection (a)(1) after the agree10 ment is made, the Secretary may submit the copy by the

11 15th day after approval of the agreement.

12 ‘‘§ 6715. Enforcement by the Attorney General of prohi13 bitions on discrimination

14 ‘‘The Attorney General may bring a civil action in an

15 appropriate district court of the United States against a

16 unit of general local government that the Attorney General

17 has reason to believe has engaged or is engaging in a pat18 tern or practice in violation of section 6711 (a) or (b). The

19 court may grant—

20 ‘‘(1) a temporary restraining order;

21 ‘‘(2) an injunction; or

22 ‘‘(3) an appropriate order to ensure enjoyment of

23 rights under section 6711 (a) or (b), including an

24 order suspending, terminating, or requiring repay25 ment of, payments under this chapter or placing ad-
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1 ditional payments under this chapter in escrow pend2 ing the outcome of the action.

3 ‘‘§ 6716. Civil action by a person adversely affected

4 ‘‘(a) AUTHORITY FOR PRIVATE SUITS IN FEDERAL OR

5 STATE COURT.—If a unit of general local government, or

6 an officer or employee of a unit of general local government

7 acting in an official capacity, engages in a practice prohib8 ited by this chapter, a person adversely affected by the prac9 tice may bring a civil action in an appropriate district

10 court of the United States or a State court of general juris11 diction. Before bringing an action under this section, the

12 person must exhaust administrative remedies under sub13 section (b).

14 ‘‘(b) ADMINISTRATIVE REMEDIES REQUIRED TO BE

15 EXHAUSTED.—A person adversely affected shall file an ad16 ministrative complaint with the Secretary or the head of

17 another agency of the United States Government or the

18 State agency with which the Secretary has an agreement

19 under section 6711(d). Administrative remedies are deemed

20 to be exhausted by the person after the 90th day after the

21 complaint was filed if the Secretary, the head of the Govern22 ment agency, or the State agency—

23 ‘‘(1) issues a decision that the government has

24 not failed to comply with this chapter; or

25 ‘‘(2) does not issue a decision on the complaint.
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1 ‘‘(c) AUTHORITY OF COURT.—In an action under this

2 section, the court—

3 ‘‘(1) may grant—

4 ‘‘(A) a temporary restraining order;

5 ‘‘(B) an injunction; or

6 ‘‘(C) another order, including suspension,

7 termination, or repayment of, payments under

8 this chapter or placement of additional pay9 ments under this chapter in escrow pending the

10 outcome of the action; and

11 ‘‘(2) to enforce compliance with section 6711 (a)

12 or (b), may allow a prevailing party (except the

13 United States Government) a reasonable attorney’s

14 fee.

15 ‘‘(d) INTERVENTION BY ATTORNEY GENERAL.—In an

16 action under this section to enforce compliance with section

17 6711 (a) or (b), the Attorney General may intervene in the

18 action if the Attorney General certifies that the action is

19 of general public importance. The United States Govern20 ment is entitled to the same relief as if the Government had

21 brought the action and is liable for the same fees and costs

22 as a private person.

23 ‘‘§ 6717. Judicial review

24 ‘‘(a) APPEALS IN FEDERAL COURT OF APPEALS.—A

25 unit of general local government which receives notice from
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1 the Secretary about withholding payments under section

2 6703(c), suspending payments under section 6713(a)(1)(B),

3 or terminating payments under section 6712(d)(2)(A), may

4 apply for review of the action of the Secretary by filing

5 a petition for review with the court of appeals of the United

6 States for the circuit in which the government is located.

7 The petition shall be filed by the 60th day after the date

8 the notice is received. The clerk of the court shall imme9 diately send a copy of the petition to the Secretary.

10 ‘‘(b) FILING OF RECORD OF ADMINISTRATIVE PRO11 CEEDING.—The Secretary shall file with the court a record

12 of the proceeding on which the Secretary based the action.

13 The court may consider only objections to the action of the

14 Secretary that were presented before the Secretary.

15 ‘‘(c) COURT ACTION.—The court may affirm, change,

16 or set aside any part of the action of the Secretary. The

17 findings of fact by the Secretary are conclusive if supported

18 by substantial evidence in the record. If a finding is not

19 supported by substantial evidence in the record, the court

20 may remand the case to the Secretary to take additional

21 evidence. Upon such a remand, the Secretary may make

22 new or modified findings and shall certify additional pro23 ceedings to the court.

24 ‘‘(d) REVIEW ONLY BY SUPREME COURT.—A judgment

25 of a court under this section may be reviewed only by the
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1 Supreme Court under section 1254 of title 28, United States

2 Code.

3 ‘‘§ 6718. Audits, investigations, and reviews

4 ‘‘(a) INDEPENDENT AUDIT.—(1) Except as provided in

5 this section, a unit of general local government that receives

6 a payment under this chapter shall have an independent

7 audit made of the financial statements of the government

8 at least as often as is required by paragraph (2) to deter9 mine compliance with this chapter. The audit shall be car10 ried out under generally accepted government auditing

11 standards issued by the Comptroller General of the United

12 States.

13 ‘‘(2) Paragraph (1) does not apply to a unit of general

14 local government for a fiscal year in which the government

15 receives less than $25,000 under this chapter. A unit of gen16 eral local government which receives at least $25,000 but

17 not more than $100,000 under this chapter for a fiscal year

18 shall have an audit made in accordance with paragraph

19 (1) at least once every 3 years. A government which receives

20 more than $100,000 under this chapter for a fiscal year

21 shall have an audit made in accordance with paragraph

22 (1) for such fiscal year, except that, if the government oper23 ates on a biennial fiscal period, such audit may be made

24 biennially but shall cover the financial statement or state-
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1 ments for, and compliance with the requirements of the

2 chapter during, both years within such period.

3 ‘‘(3) An audit of financial statements of a unit of gen4 eral local government carried out under another law of the

5 United States for a fiscal year is deemed to be in compli6 ance with paragraph (1) for that year if the audit substan7 tially complies with the requirements of paragraph (1).

8 ‘‘(b) WAIVER BY LOCAL GOVERNMENT.—A unit of gen9 eral local government may waive application of subsection

10 (a)(1) if—

11 ‘‘(1) the financial statements of the government

12 are audited by independent auditors under State or

13 local law at least as often as would be required by

14 subsection (a)(2);

15 ‘‘(2) the government certifies that the audit is

16 carried out under generally accepted auditing stand17 ards issued by the Comptroller General of the United

18 States;

19 ‘‘(3) the auditing provisions of the State or local

20 law are applicable to the payment period to which the

21 waiver applies; and

22 ‘‘(4) the government submits to the Secretary a

23 brief description of the auditing standards used under

24 the relevant State or local law and specification of the

25 payment period to which the waiver applies.
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1 ‘‘(c) WAIVER BY SECRETARY.—Under regulations of

2 the Secretary, the Secretary may waive any requirement

3 under subsection (a)(1) or (b) for a unit of general local

4 government for a fiscal year if the Secretary decides that

5 the financial statements of the government for the year—

6 ‘‘(1) cannot be audited, and the government

7 shows substantial progress in making the statements

8 auditable; or

9 ‘‘(2) have been audited by a State agency that

10 does not follow generally accepted auditing standards

11 issued by the Comptroller General of the United

12 States or that is not independent, and the State agen13 cy shows progress in meeting those auditing stand14 ards or in becoming independent.

15 ‘‘(d) SERIES OF AUDITS.—A series of audits carried

16 out over a period of not more than 3 years covering the

17 total amount in the financial accounts of a unit of general

18 local government is deemed to be a single audit under sub19 sections (a)(1) and (b) of this section.

20 ‘‘(e) AUDIT OPINION.—An opinion of an audit carried

21 out under this section shall be provided to the Secretary

22 in the form and at times required by the Secretary. No later

23 than 30 days following the completion of the audit, the unit

24 of general local government shall make the audit report

25 available for public inspection.
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1 ‘‘(f) INVESTIGATIONS BY SECRETARY.—(1) The Sec2 retary shall maintain regulations providing reasonable and

3 specific time limits for the Secretary to—

4 ‘‘(A) carry out an investigation and make a

5 finding after receiving a complaint referred to in sec6 tion 6716(b), a determination by a State or local ad7 ministrative agency, or other information about a

8 possible violation of this chapter;

9 ‘‘(B) carry out audits and reviews (including in10 vestigations of allegations) about possible violations of

11 this chapter; and

12 ‘‘(C) advise a complainant of the status of an

13 audit, investigation, or review of an allegation by the

14 complainant of a violation of section 6711 (a) or (b)

15 or other provision of this chapter.

16 ‘‘(2) The maximum time limit under paragraph

17 (1)(A) is 90 days.

18 ‘‘(g) REVIEWS BY COMPTROLLER GENERAL.—The

19 Comptroller General of the United States shall carry out

20 reviews of the activities of the Secretary, State governments,

21 and units of general local government necessary for the Con22 gress to evaluate compliance and operations under this

23 chapter.
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1 ‘‘§ 6719. Reports

2 ‘‘(a) REPORTS BY SECRETARY OF TREASURY TO CON3 GRESS.—Before June 2 of each year, the Secretary person4 ally shall report to the Congress on—

5 ‘‘(1) the status and operation of the Local Gov6 ernment Fiscal Assistance Fund during the prior fis7 cal year; and

8 ‘‘(2) the administration of this chapter, includ9 ing a complete and detailed analysis of—

10 ‘‘(A) actions taken to comply with sections

11 6711 through 6715, including a description of

12 the kind and extent of noncompliance and the

13 status of pending complaints;

14 ‘‘(B) the extent to which units of general

15 local government receiving payments under this

16 chapter have complied with sections 6702 and

17 6718 (a), (b), and (d), including a description of

18 the kind and extent of noncompliance and ac19 tions taken to ensure the independence of audits

20 conducted under subsections (a), (b), and (d) of

21 section 6718;

22 ‘‘(C) the way in which payments under this

23 chapter have been distributed in the jurisdictions

24 receiving payments; and
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1 ‘‘(D) significant problems in carrying out

2 this chapter and recommendations for legislation

3 to remedy the problems.

4 ‘‘(b) REPORTS BY UNITS OF GENERAL LOCAL GOVERN5 MENT TO SECRETARY OF TREASURY.—(1) At the end of

6 each fiscal year, each unit of general local government

7 which received a payment under this chapter for the fiscal

8 year shall submit a report to the Secretary. The report shall

9 be submitted in the form and at a time prescribed by the

10 Secretary and shall be available to the public for inspection.

11 The report shall state—

12 ‘‘(A) the amounts and purposes for which the

13 payment has been appropriated, expended, or obli14 gated in the fiscal year;

15 ‘‘(B) the relationship of the payment to the rel16 evant functional items in the budget of the govern17 ment; and

18 ‘‘(C) the differences between the actual and pro19 posed use of the payment.

20 ‘‘(2) The Secretary shall provide a copy of a report

21 submitted under paragraph (1) by a unit of general local

22 government to the chief executive officer of the State in

23 which the government is located. The Secretary shall pro24 vide the report in the manner and form prescribed by the

25 Secretary.
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1 ‘‘(c) REGULATIONS.—The Secretary shall prescribe

2 regulations for applying this section to units of general

3 local government that do not adopt budgets.

4 ‘‘§ 6720. Definitions and application

5 ‘‘(a) DEFINITIONS.—In this chapter—

6 ‘‘(1) ‘unit of general local government’ means—

7 ‘‘(A) a county, township, city, or political

8 subdivision of a county, township, or city, that

9 is a unit of general local government as deter10 mined by the Secretary of Commerce for general

11 statistical purposes; and

12 ‘‘(B) the District of Columbia and the rec13 ognized governing body of an Indian tribe or

14 Alaskan Native village that carries out substan15 tial governmental duties and powers;

16 ‘‘(2) ‘payment period’ means each 1-year period

17 beginning on October 1 of 1994 and 1995;

18 ‘‘(3) ‘State and local taxes’ means taxes imposed

19 by a State government or unit of general local govern20 ment or other political subdivision of a State govern21 ment for public purposes (except employee and em22 ployer assessments and contributions to finance re23 tirement and social insurance systems and other spe24 cial assessments for capital outlay) as determined by
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1 the Secretary of Commerce for general statistical pur2 poses;

3 ‘‘(4) ‘State’ means any of the several States and

4 the District of Columbia;

5 ‘‘(5) ‘income’ means the total money income re6 ceived from all sources as determined by the Secretary

7 of Commerce for general statistical purposes;

8 ‘‘(6) ‘per capita income’ means—

9 ‘‘(A) in the case of the United States, the

10 income of the United States divided by the popu11 lation of the United States;

12 ‘‘(B) in the case of a State, the income of

13 that State, divided by the population of that

14 State; and

15 ‘‘(C) in the case of a unit of general local

16 government, the income of that unit of general

17 local government divided by the population of

18 the unit of general local government;

19 ‘‘(7) ‘finding of discrimination’ means a decision

20 by the Secretary about a complaint described in sec21 tion 6716(b), a decision by a State or local adminis22 trative agency, or other information (under regula23 tions prescribed by the Secretary) that it is more like24 ly than not that a unit of general local government

25 has not complied with section 6711 (a) or (b);
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1 ‘‘(8) ‘holding of discrimination’ means a holding

2 by a United States court, a State court, or an admin3 istrative law judge appointed under section 3105 of

4 title 5, United States Code, that a unit of general

5 local government expending amounts received under

6 this chapter has—

7 ‘‘(A) excluded a person in the United States

8 from participating in, denied the person the ben9 efits of, or subjected the person to discrimination

10 under, a program or activity because of race,

11 color, national origin, or sex; or

12 ‘‘(B) violated a prohibition against dis13 crimination described in section 6711(b); and

14 ‘‘(9) ‘Secretary’ means the Secretary of the

15 Treasury.

16 ‘‘(b) TREATMENT OF SUBSUMED AREAS.—If the entire

17 geographic area of a unit of general local government is

18 located in a larger entity, the unit of general local govern19 ment is deemed to be located in the larger entity. If only

20 part of the geographic area of a unit is located in a larger

21 entity, each part is deemed to be located in the larger entity

22 and to be a separate unit of general local government in

23 determining allocations under this chapter. Except as pro24 vided in regulations prescribed by the Secretary, the Sec25 retary shall make all data computations based on the ratio
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1 of the estimated population of the part to the population

2 of the entire unit of general local government.

3 ‘‘(c) BOUNDARY AND OTHER CHANGES.—If a bound4 ary line change, a State statutory or constitutional change,

5 annexation, a governmental reorganization, or other cir6 cumstance results in the application of sections 6704

7 through 6708 in a way that does not carry out the purposes

8 of sections 6701 through 6708, the Secretary shall apply

9 sections 6701 through 6708 under regulations of the Sec10 retary in a way that is consistent with those purposes.’’.

11 (b) DEFICIT NEUTRALITY.—Any appropriation to

12 carry out the amendment made by this subtitle to title 31,

13 United States Code, for fiscal year 1995 or 1996 shall be

14 offset by cuts elsewhere in appropriations for that fiscal

15 year.

16 SEC. 1076. CLERICAL AMENDMENT.

17 The table of chapters at the beginning of subtitle V of

18 title 31, United States Code, is amended by adding after

19 the item relating to chapter 65 the following:

‘‘67. FEDERAL PAYMENTS .......................................................................... 6701’’.

20 Subtitle J—Youth Employment and

21 Skills Crime Prevention

22 SEC. 1081. STATEMENT OF PURPOSE.

23 (a) PURPOSE.—The purpose of this subtitle is to re24 duce crime in neighborhoods with high incidences of crime

25 and poverty through intensive programs that provide em-
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1 ployment opportunities for young adults in those neighbor2 hoods.

3 (b) DEFINITION.—As used in this subtitle, ‘‘high crime

4 area’’ means an area with severe crime problems, including

5 a high incidence of violent crime or drug trafficking.

6 SEC. 1082. PROGRAM AUTHORIZED.

7 The Secretary of Labor in conjunction with the Attor8 ney General and the Secretary of Housing and Urban De9 velopment, and in consultation with appropriate other Fed10 eral officials, may make grants to local governments to fund

11 targeted youth employment and skills development projects

12 to help reduce crime in target areas as defined in section

13 1083.

14 SEC. 1083. PROGRAM TARGET AREA.

15 The target area or areas of each grant shall be neigh16 borhoods which are high crime areas with high unemploy17 ment among young adults and other serious economic and

18 social problems.

19 SEC. 1084. PARTICIPANTS.

20 (a) ELIGIBLE POPULATION.—Young adults residing or

21 attending school in the target area shall be eligible to par22 ticipate in programs funded under this subtitle if they are

23 between 16 and 25 years of age. In certain circumstances,

24 as determined by the Attorney General and the Secretaries

25 of Labor and Housing and Urban Development (referred
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1 to in this subtitle as the ‘‘Secretaries’’), young adults up

2 to age 30 and youths of age 14 or 15 may also be eligible

3 to participate.

4 (b) RESPONSIBLE BEHAVIOR BY PARTICIPANTS.—Con5 tinued participation in a program under this subtitle shall

6 be conditioned, during participation in the program, on the

7 following:

8 (1) Avoiding crime, including illegal drug use.

9 (2) Regular attendance and satisfactory perform10 ance at work.

11 (3) Paying child support when paternity has

12 been established and the participant has an income.

13 (4) In-school young adults in high school re14 maining in school until graduation.

15 (5) Requiring young adults ages 16–17 who have

16 dropped out of high school and who have not obtained

17 a General Equivalency Diploma (GED) to return to

18 school or an alternative education program.

19 SEC. 1085. ALLOWABLE ACTIVITIES.

20 (a) EXPENDITURE OF FUNDS.—Funds awarded under

21 this subtitle shall be expended only for crime prevention re22 lated activities undertaken to carry out an approved appli23 cation, such as—

24 (1) apprenticeship programs linking work and

25 learning;
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1 (2) on-the-job training in the private sector;

2 (3) youth conservation and service corps;

3 (4) programs emphasizing neighborhood infra4 structure, such as YouthBuild and employment of

5 public housing residents;

6 (5) work experience in private nonprofit organi7 zations and public agencies;

8 (6) entrepreneurial and microenterprise develop9 ment;

10 (7) crime prevention and security measures for

11 profit and not-for-profit businesses employing sub12 stantial numbers of youth from high crime areas;

13 (8) transportation links to jobs in the labor mar14 ket area;

15 (9) initiatives to increase the educational attain16 ment, occupational skills, and career aspirations of

17 target area young adults, including work-based learn18 ing; and

19 (10) job placement and related case management,

20 followup, and other supportive services.

21 (b) WORK EXPERIENCE PROGRAMS.—Work experience

22 programs funded under this subtitle shall—

23 (1) pay wages in accordance with the Fair

24 Labor Standards Act and relevant State law;
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1 (2) include adequate supervision, equipment, and

2 materials and supplies to accomplish useful work

3 projects;

4 (3) include a private sector job development com5 ponent to facilitate the transition of participants to

6 private sector jobs, which shall include developing

7 portfolios of skill attainment, mentorship opportuni8 ties, and other efforts to increase job networks for par9 ticipants; and

10 (4) include an extensive job placement compo11 nent.

12 (c) 2-YEAR LIMITATION.—The combination of all sub13 sidized employment for a participant shall not exceed 2

14 years.

15 SEC. 1086. APPLICATION FOR GRANTS.

16 (a) APPLICATION PLAN.—To be eligible to receive a

17 grant under this subtitle, a chief local elected official, with

18 the timely review and comment of the Governor, shall apply

19 to the Secretary of Labor for a Youth Employment and

20 Skills Crime Prevention grant by submitting an applica21 tion that contains a plan for reducing crime by substan22 tially increasing the employment levels of young adults in

23 the target area. Such a plan shall—

24 (1) describe the measurable outcomes that will be

25 used to evaluate the local success of the program, in-
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1 cluding reduced crime and substance abuse, increased

2 private sector employment, reduced school dropout

3 rates, and increased educational attainment;

4 (2) specify the organization that will administer

5 the program;

6 (3) describe the specific employment programs

7 that will be offered by the program;

8 (4) describe the public/private partnership that

9 will promote collaboration between the State and local

10 governments, private sector, public housing authori11 ties, local residents, community-based organizations,

12 and nonprofit organizations, including linkage with

13 community policing, gang prevention activities, and

14 juvenile justice or delinquency prevention initiatives;

15 (5) specify how the public and private sectors

16 will work together to assist youths and young adults

17 to make the transition from subsidized to

18 unsubsidized jobs;

19 (6) describe how links to jobs throughout the

20 labor market area will be provided;

21 (7) specify the manner in which the job network

22 for youths and young adults will be expanded by

23 mentors and other programs; and

24 (8) such other information as the Secretary of

25 Labor in conjunction with the Attorney General and
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1 Secretary of Housing and Urban Development may

2 require.

3 (b) COORDINATION WITH OTHER FEDERAL PRO4 GRAMS.—The application must demonstrate that the pro5 posed Youth Employment and Skills Crime Prevention pro6 gram will build upon and be coordinated with other Federal

7 initiatives relating to such matters as crime control and

8 prevention, youth employment, education, economic devel9 opment, community service, or social services.

10 (c) LEVERAGING AND LINKAGES.—As a condition of

11 a grant award, local areas shall establish linkages with the

12 local private sector, local employment and job training pro13 grams, and other appropriate entities to enhance the provi14 sion of services under this subtitle. Such activities may in15 clude leveraging by and linkages with—

16 (1) the local private sector to—

17 (A) develop a mentoring program to im18 prove the job network for young adults in the

19 target area;

20 (B) develop a specified number of career21 track jobs for young adults graduating from high

22 school and college in the target area;

23 (C) develop part-time jobs to support young

24 adults while they are receiving job training, or

25 secondary or post-secondary education; and
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1 (D) develop apprenticeship programs with

2 unions that provide matching funds to create

3 training and employment opportunities;

4 (2) the local service delivery area under the Job

5 Training Partnership Act to identify funds—

6 (A) for on-the-job training and work-based

7 training programs, based on successful program

8 models, for residents of the target area;

9 (B) to develop a summer jobs program for

10 in-school young adults residing in the target

11 area;

12 (C) for new youth initiatives in the target

13 area; and

14 (D) for child care and supportive services;

15 (3) local programs to provide employment serv16 ices and supportive services, such as transportation

17 service to link target area residents to jobs in the

18 labor market area; and

19 (4) the local educational agency to provide ac20 tivities that will support the program and assist in

21 achieving the goals specified in the application.

22 SEC. 1087. AWARD PRIORITIES.

23 In evaluating the applications submitted under this

24 subtitle, the Secretaries and the Attorney General shall give

25 priority to applications that—
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1 (1) demonstrate extensive community support

2 and linkages to crime prevention programs and em3 ployment related programs;

4 (2) target areas that include public and assisted

5 housing projects;

6 (3) demonstrate evidence of severe social and eco7 nomic problems;

8 (4) demonstrate the highest quality program de9 sign, implementation plan, and goals to be achieved;

10 and

11 (5) include other Federal and non-Federal fund12 ing, including State, local, or private resources.

13 SEC. 1088. GRANT DURATION AND NUMBER.

14 (a) DURATION OF GRANTS.—Grants shall be for 1

15 year, and renewable for each of the 4 succeeding years.

16 (b) NUMBER OF GRANTS.—There shall be no more than

17 10 grants awarded under this subtitle.

18 SEC. 1089. FEDERAL RESPONSIBILITIES.

19 (a) IN GENERAL.—The Secretary of Labor in conjunc20 tion with the Attorney General and the Secretary of Hous21 ing and Urban Development shall establish a system of per22 formance measures for assessing programs established pur23 suant to this subtitle.

24 (b) EVALUATION.—The Secretary of Labor in conjunc25 tion with the Attorney General and the Secretary of Hous-
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1 ing and Urban Development shall conduct a rigorous na2 tional evaluation of Youth Employment and Skills Crime

3 Prevention programs funded under this subtitle that will

4 track and assess the effectiveness of those programs, and in5 clude an evaluation of the extent to which such programs

6 reduce crime and substance abuse, enhance the employment

7 and earnings of participants, promote entrepreneurship, re8 duce dropout rates, and increase educational attainment.

9 The evaluation may include cost-benefit analyses and shall

10 utilize sound statistical methods and techniques.

11 (c) TECHNICAL ASSISTANCE.—The Secretary of Labor

12 in conjunction with the Attorney General and the Secretary

13 of Housing and Urban Development may provide appro14 priate technical assistance to carry out Youth Employment

15 and Skills Crime Prevention programs under this subtitle.

16 (d) ADMINISTRATION.—The technical assistance and

17 evaluations authorized by this section may be carried out

18 directly by the Secretary of Labor or through grants, con19 tracts, or other cooperative arrangements with the Attorney

20 General, the Secretary of Housing and Urban Development,

21 or other entities or agencies.

22 SEC. 1090. AUTHORIZATION OF APPROPRIATIONS.

23 (a) AUTHORIZATION.—There are authorized to be ap24 propriated to the Secretary of Labor $75,000,000 for fiscal

25 year 1995, $100,000,000 for fiscal year 1996, $110,000,000
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1 for fiscal year 1997, $115,000,000 for fiscal year 1998, and

2 $125,000,000 for fiscal year 1999 to carry out this subtitle.

3 (b) AVAILABILITY OF FUNDS.—Funds appropriated

4 pursuant to this section are authorized to remain available

5 for obligation until expended.

6 (c) EVALUATIONS AND TECHNICAL ASSISTANCE.—Of

7 the amounts appropriated under subsection (a) for a fiscal

8 year, the Secretary of Labor in conjunction with the Attor9 ney General and the Secretary of Housing and Urban De10 velopment may reserve not more than 5 percent of such

11 amounts for each fiscal year to carry out evaluations and

12 technical assistance.

13 SEC. 1091. SANCTIONS.

14 The Secretary of Labor may terminate or suspend fi15 nancial assistance, in whole or in part, to a recipient or

16 refuse to extend a grant for a recipient, if the Secretary

17 of Labor in conjunction with the Attorney General and the

18 Secretary of Housing and Urban Development determines

19 that the recipient has failed to meet the requirements of this

20 subtitle, or any regulations or guidelines under this subtitle,

21 or any approved application submitted pursuant to this

22 subtitle.
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1 SEC. 1092. LABOR STANDARDS.

2 Labor standards under the Job Training Partnership

3 Act (29 U.S.C. 1553) shall apply to programs under this

4 subtitle.

5 SEC. 1093. REGULATIONS OR GUIDELINES.

6 The Secretary of Labor in conjunction with the Attor7 ney General and the Secretary of Housing and Urban De8 velopment shall issue such regulations or guidelines as may

9 be necessary to carry out the purposes of this subtitle.

10 SEC. 1094. WAIVERS.

11 The Secretary of Labor in conjunction with the Attor12 ney General and the Secretary of Housing and Urban De13 velopment may prescribe regulations or guidelines that es14 tablish criteria for waiver of application requirements of

15 programs to the extent that they duplicate or conflict with

16 the requirements specified in similar laws.

17 SEC. 1095. PROHIBITION ON PRIVATE RIGHTS OF ACTION.

18 Nothing in this subtitle shall be construed to establish

19 a right for any person to bring an action to obtain services

20 under this subtitle.

21 SEC. 1096. ACCEPTANCE OF GIFTS, AND OTHER MATTERS.

22 The Secretaries and Attorney General are authorized,

23 in carrying out this subtitle, to accept, purchase, or lease

24 in the name of the Department of Justice or the Department

25 of Labor or the Department of Housing and Urban Develop26 ment, and employ or dispose of in furtherance of the pur-
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1 poses of this subtitle, any money or property, real, personal,

2 or mixed, tangible or intangible, received by gift, devise,

3 bequest, or otherwise, and to accept voluntary and uncom4 pensated services notwithstanding the provisions of section

5 1342 of title 31, United States Code.

6 Subtitle K—Miscellaneous

7 SEC. 1098. MULTIJURISDICTIONAL GANG TASK FORCES.

8 Section 504(f) of title I of the Omnibus Crime Control

9 and Safe Streets Act of 1968 is amended by inserting ‘‘vic10 tims assistance programs, or multijurisdictional gang task

11 forces’’ after ‘‘drug task forces’’.

12 SEC. 1098A. EXTENSION OF BYRNE GRANT FUNDING.

13 There are authorized to be appropriated such sums as

14 may be necessary for each of the fiscal years 1995, 1996,

15 1997, 1998, and 1999, to carry out the programs under

16 parts D and E of title I of the Omnibus Crime Control

17 and Safe Streets Act of 1968.

18 SEC. 1098B. BENEFITS FOR CHAPLAINS.

19 (a) IN GENERAL.—Section 1204 of the Omnibus Crime

20 Control and Safe Streets Act of 1968 is amended—

21 (1) by redesignating paragraphs (2) through (7)

22 as (3) through (8), respectively;

23 (2) by inserting after paragraph (1) the follow24 ing:
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1 ‘‘(2) chaplain means any individual serving as

2 an officially recognized or designated member of a le3 gally organized volunteer fire department or legally

4 organized police department, or an officially recog5 nized public employee of a legally organized fire or

6 police department who was responding to a fire, res7 cue, or police emergency.’’; and

8 (3) in paragraph (8), as redesignated by para9 graph (1) of this Act, by striking ‘‘or rescue squad or

10 ambulance crew’’ and inserting ‘‘rescue squad or am11 bulance crew, or chaplain’’.

12 (b) EFFECTIVE DATE.—The amendment made by sub13 section (a) shall take effect on the date of enactment of this

14 Act and shall apply to injuries or deaths that occur in the

15 line of duty on or after such date.

16 Subtitle L—Hope in Youth Program

17 SEC. 1099A. FINDINGS.

18 The Congress finds the following:

19 (1) Larger cities around the country, particu20 larly those involved in empowerment zones, are at21 tempting to empower low-income and ethnic minority

22 communities.

23 (2) Programs that involve local government and

24 local community leaders and which include signifi25 cant participation by service providers, service par-
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1 ticipants, and service funders, as equal partners in

2 the design and direction of a myriad of social service

3 support programs have been among the most effective

4 demonstration models.

5 (3) Programs that attempt to link

6 disenfranchised and disconnected citizens through an

7 umbrella organization that provides guidance to pub8 lic and private service providers have proven to be an

9 effective strategy for empowering local low-income

10 communities.

11 (4) Families in low-income communities have

12 not attained their full potential as productive citi13 zens, and Federal efforts thus far, have been insuffi14 cient to assist them in fully realizing that potential.

15 SEC. 1099B. PROGRAM AUTHORITY.

16 The Secretary of Health and Human Services (in this

17 subtitle referred to as the ‘‘Secretary’’) may make grants

18 to eligible may make grants to eligible service providers in

19 one or more political subdivisions of a State containing an

20 area designated as an empowerment zone, as authorized

21 under the Omnibus Budget Reconciliation Act of 1993

22 (Public Law 103–66), that have submitted an approved

23 plan to establish advisory organizations in low-income com24 munities within the political subdivision containing an

25 empowerment zone which will serve as umbrella agencies
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1 for strategic planning and evaluation of service programs

2 serving the low-income communities in which the advisory

3 organization operates.

4 SEC. 1099C. PROGRAM REQUIREMENTS.

5 Each advisory organization established as described in

6 section 1099B shall—

7 (1) provide a permanent multi-issue forum for

8 public policy discussion which will serve as part of

9 a stable infrastructure of community outreach and

10 support,

11 (2) develop a mechanism by which local support

12 service providers may be evaluated and assessed in

13 the level of service they provide to the community,

14 and which establishes a method for advisory organiza15 tion participants to review and participate in efforts

16 to maintain or increase the quality of services pro17 vided by such providers,

18 (3) create an Family Outreach Team approach

19 which provides a youth worker, a parent worker, and

20 a school-parent organizer to provide training in out21 reach, mentoring, community organizing and peer

22 counseling and mentoring to locally recruited volun23 teers in a particular area. The Family Outreach

24 Team assists such volunteers in outreach, development
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1 and coordination of service delivery from among the

2 service providers in the area, including the schools,

3 (4) establish processes by which local public

4 agencies can effectively involve the private sector in

5 the provision of services that meet the needs of local

6 communities,

7 (5) establish processes of coalition building in

8 which diverse groups within low-income communities

9 attempt to work cooperatively to meet the collective

10 needs of low-income communities, and

11 (6) create a training program to foster commu12 nity-based leadership in low-income communities.

13 SEC. 1099D. ELIGIBLE PROVIDERS.

14 Consortia of public and private nonprofit local social

15 service organizations that have a proven ability to involve

16 disparate populations of low-income citizens and competing

17 service providers are eligible to receive grants under section

18 1099B.

19 SEC. 1099E. APPLICATIONS.

20 Applications may be submitted, for approval by the

21 Secretary, by eligible service providers at such time and in

22 such manner as the Secretary may reasonably require. Such

23 applications shall contain—
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1 (1) assurances that selection of participants, or2 ganizations, and citizens will not be on the basis of

3 religious preference or affiliation,

4 (2) assurances that participating organizations

5 and citizens will not offer services based on any reli6 gious preference or affiliation, and

7 (3) assurances that such service provides will, to

8 the extent practicable, involve participation by citi9 zens not traditionally involved in such activities, in10 cluding homeless individuals, alcohol- and drug-ad11 dicted individuals, and gang involved or violent

12 youth.

13 SEC. 1099F. EVALUATION.

14 The Secretary shall commence a program to evaluate

15 the success and effectiveness of this program 2 years after

16 the program has received an appropriation, and such eval17 uation shall be completed no later than 1 year after the

18 second program year has been completed. A report thereon

19 shall be submitted to the Congress within 60 days of the

20 completion of the evaluation.

21 SEC. 1099G. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated $20,000,000

23 for fiscal year 1995, and such sums as are necessary for

24 each of fiscal years 1996, 1997, and 1998 to carry out this

25 subtitle.
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1 Subtitle M—Gang Prevention

2 Services for Boys and Girls

3 SEC. 1099H. FINDINGS.

4 The Congress finds that—

5 (1) services provided through existing federally

6 supported gang prevention programs do not ade7 quately address the needs of boys and girls on commu8 nities with high levels of gang activity and other bar9 riers to service (such as large concentrations of mi10 nority populations that have limited English speak11 ing proficiency, geographically isolated populations,

12 and communities in which social service providers are

13 limited or nonexistent);

14 (2) children that are exposed to gang activity at

15 an early age are more likely to become gang-involved

16 than children who are exposed to such activity later

17 in life, or children that are never exposed to such

18 activity;

19 (3) gangs are increasingly targeting younger

20 children for recruitment, especially children at middle

21 schools and elementary schools;

22 (4) Federal studies indicate that violent crime

23 has increased more significantly in the gang popu24 lation compared to the adult population; and
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1 (5) small community-based service agencies with

2 strong ties to the educational and law enforcement

3 systems offer the best chance to prevent young chil4 dren from becoming involved in gangs.

5 SEC. 1099I. PROGRAM AUTHORITY.

6 The Administrator of the Office of Juvenile Justice and

7 Delinquency Prevention (hereafter referred to as the ‘‘Ad8 ministrator’’), in consultation with the Department of Edu9 cation and the Department of Health and Human Re10 sources, may make grants to eligible service providers to

11 carry out programs that prevent young children from be12 coming gang involved. In making such grants, the Adminis13 trator shall give a priority to eligible service providers that

14 have a proven track record of serving young children and

15 have an overall budget of not more than $750,000 a fiscal

16 year, prior to receiving a grant under this section.

17 SEC. 1099J. PROGRAM REQUIREMENTS.

18 The eligible service providers receiving a grant under

19 section 1099I shall—

20 (1) provide a comprehensive array of support

21 services to assist the participants to reach their full

22 potential as a contributing law-abiding citizen (such

23 support services may include, but not be limited to:

24 education and health services; career development

25 training; music/art/drama activities; physical fitness
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1 training; life skills training; mental health counsel2 ing; and job placement counseling);

3 (2) to the extent practical, involve the parents

4 and other family members of participating children,

5 and the members of local organizations that support

6 the educational and law enforcement institutions of

7 the community, as is appropriate, in the administra8 tion and operation of the gang prevention program;

9 (3) utilize community resources and related sup10 port services as needed in the operation of the pro11 gram;

12 (4) accept referrals from public institutions, as

13 is appropriate, such as law enforcement, mental

14 health, local school systems, and other entities of local

15 government; and

16 (5) utilize volunteer staff, including participants

17 in programs funded under the National and Commu18 nity Service Program, Public Law 103–62, to the

19 maximum extent practicable in the operation of the

20 program.

21 SEC. 1099K. ELIGIBLE PROVIDERS.

22 Community-based service providers, as defined in the

23 Juvenile Justice and Delinquency Prevention Act of 1974,

24 that have a proven track record of providing services to chil25 dren ages 5 to 18 shall be eligible to apply for funds under
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1 this subtitle. A priority shall be given to those service pro2 viders that have a history of providing services uniquely

3 designed to meet the needs of young children such as the

4 Boys and Girls Clubs of America or service providers that

5 display the potential for providing such targeted services.

6 SEC. 1099L. ELIGIBLE PARTICIPANTS.

7 Children that have the potential, because of community

8 composition and other factors, to come into contact with

9 gangs, or who have a family member that has come into

10 contact with a gang, and are not more than 18 years old

11 at the time of entry into the program, shall be eligible to

12 receive services provided by programs receiving assistance

13 under this subtitle.

14 SEC. 1099M. APPLICATIONS PROCESS.

15 Eligible service providers may submit to the Adminis16 trator, for approval, an application in such form at such

17 time as the Administrator deems appropriate.

18 SEC. 1099N. EVALUATION.

19 The Administrator shall conduct an evaluation of the

20 effectiveness of the program model grants authorized under

21 this subtitle, and the extent to which it can be replicated

22 by other local communities. The Administrator shall report

23 to the Congress no later than January 1, 1999, on the de24 tails of such evalutions.
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1 SEC. 1099O. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated $20,000,000

3 for fiscal year 1995, and such sums as may be necessary

4 for fiscal years 1996, 1997, and 1998 to carry out this sub5 title.

6 Subtitle N—Anticrime Youth

7 Councils

8 SEC. 1099P. PURPOSE.

9 The purpose of this subtitle is to provide for the estab10 lishment of youth anticrime councils to give intermediate

11 and secondary school students a structured forum through

12 which to work with community organizations, law enforce13 ment officials, government and media representatives, and

14 school administrators and faculty to address issues regard15 ing youth and violence. The purpose of such councils is to

16 empower local youth and ensure that their recommenda17 tions for preventing youth involvement in crime and vio18 lence will be heard and possibly incorporated into commu19 nity anticrime strategies.

20 SEC. 1099Q. AUTHORITY TO MAKE GRANTS.

21 The Administrator of the Office of Juvenile Justice and

22 Delinquency Prevention (in this subtitle referred to as the

23 ‘‘Administrator’’) may make grants to public and nonprofit

24 community-based organizations to establish regional

25 anticrime youth councils each of which is composed of inter-
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1 mediate and secondary school students who represent all the

2 schools in a separate congressional district.

3 SEC. 1099R. APPLICATIONS FOR GRANTS.

4 To request a grant under section 1099Q, a public and

5 nonprofit community-based organizations shall submit to

6 the Administrator an application in such form and con7 taining such information as the Administrator may require

8 by rule, including assurances that—

9 (1) the anticrime youth council with respect to

10 which such grant is requested will be—

11 (A) selected by a teacher or administrator of

12 an intermediate or secondary school in the con13 gressional district involved, in consultation with

14 teachers and administrators of other intermedi15 ate and secondary schools in such district,

16 (B) composed of not more than 5 students

17 from each of the intermediate and secondary

18 schools in such district, selected as described in

19 paragraph (1) from among individuals who have

20 first-hand knowledge of issues and problems

21 relating to students who attend schools in such

22 district,

23 (C) supervised by an individual who—

24 (i) is familiar with issues regarding

25 youth violence,
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1 (ii) has strong ties to the communities

2 in such district and to the organizations

3 with which such council will interact, and

4 (iii) will be responsible for coordinat5 ing the dissemination of information to

6 such council, supervising council meetings,

7 and acting as a liaison between such coun8 cil and communities in such district, and

9 (D) meet not less frequently than monthly—

10 (i) to discuss issues of concern, includ11 ing youth crime, school violence, job cre12 ation, and recreation, and

13 (ii) to develop creative solutions for as14 sisting community organizations, law en15 forcement officials, school officials, govern16 ment officials, and others to address such is17 sues, and

18 (2) the applicant will submit to the Adminis19 trator a report, not later than 180 days after the first

20 year for which such applicant receives a grant under

21 section 1099Q, that—

22 (A) specifies the number of students and

23 schools involved and represented on such council,
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1 (B) specifies the number of organizations

2 and individuals that council and its subcommit3 tees met with,

4 (C) specifies the number of grants, policies,

5 and programs submitted to the youth council for

6 review and recommendation,

7 (D) contains evidence that—

8 (i) the community has consulted such

9 council and adopted its recommendations,

10 and

11 (ii) a grant review process has been es12 tablished within a school system or police

13 department that includes an evaluation by

14 the youth council,

15 (E) describes the effect that participation on

16 such council has had on the student representa17 tives, (such as improved school attendance and

18 academic performance, and decreased criminal

19 involvement),

20 (F) describes the effect that participation on

21 such council has had on the participating schools

22 (such as decrease in incidence of school violence),

23 (G) describes the extent to which other stu24 dents attended council and subcommittee meet-
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1 ings, and participated as members of the audi2 ence in such council’s activities,

3 (H) describes the extent to which family

4 service, youth service, and the education, police,

5 health, and judicial departments within such

6 district coordinate anticrime efforts as a result of

7 the recommendations and programs of such

8 council, and

9 (I) describes the extent to which such coun10 cil raises public awareness and knowledge, via

11 the media, about youth violence and such coun12 cil’s efforts to help prevent it.

13 SEC. 1099S. SELECTION OF GRANT RECIPIENTS.

14 For the purpose of selecting eligible applicants to re15 ceive grants under section 1099Q, the Administrator shall

16 take into consideration—

17 (1) the extent to which all schools in a congres18 sional district are represented on the proposed youth

19 anticrime council,

20 (2) the extent to which youth crime and violence

21 are an issue of concern in such district,

22 (3) the extent to which the community is com23 mitted to coordinating and meeting with the youth

24 councils, and
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1 (4) the extent to which the students selected to

2 serve on such council are representative of the geo3 graphical area and knowledgeable about the issues

4 that such council will consider.

5 SEC. 1099T. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated $5,000,000 for

7 fiscal year 1995, and such sums as may be necessary for

8 fiscal years 1996, 1997, and 1998, to carry out this subtitle.

9 Subtitle O—Urban Recreation and

10 At-Risk Youth

11 SEC. 1099U. FINDINGS.

12 Section 1002 of the Urban Park and Recreation Recov13 ery Act of 1978 is amended by striking ‘‘and’’ at the end

14 of subsection (d), by striking the period at the end of sub15 section (e) and inserting ‘‘; and’’ and by adding the follow16 ing at the end thereof:

17 ‘‘(f) the quality of life in urban areas has suffered be18 cause of decline in the availability of park and recreation

19 systems, including land, facilities, and services;

20 ‘‘(g) the deterioration of urban park and recreation fa21 cilities is due in part to the underfunding of Federal grant

22 programs intended to assist in the revitalization of urban

23 recreation facilities and allow us to take back our parks

24 from crime, vandalism, and dilapidation;
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1 ‘‘(h) the urban neighborhoods eligible for assistance

2 under this title have deteriorated, in part, due to the rapid

3 increase in violent crime among youth;

4 ‘‘(i) accessible, well-maintained recreational facilities

5 and services have been shown to significantly decrease the

6 incidence of violent crime among youth and can be an effec7 tive tool in efforts to prevent crime, increase public safety

8 and improve the quality of life of urban residents; and

9 ‘‘(j) urban sport and recreation programs teach impor10 tant values and life skills including teamwork, individual

11 responsibility, respect, leadership, and self-esteem which

12 help prevent young people from engaging in criminal be13 havior.’’.

14 SEC. 1099V. PURPOSE OF ASSISTANCE.

15 Section 1003 of the Urban Park and Recreation Recov16 ery Act of 1978 is amended by adding the following at the

17 end thereof: ‘‘It is further the purpose of this title to improve

18 recreation facilities and expand recreation services in

19 urban areas with a high incidence of crime and to help

20 deter crime through the expansion of recreation opportuni21 ties for at-risk youth. It is the further purpose of this section

22 to increase the security of urban parks and to promote col23 laboration between local agencies involved in parks and

24 recreation, law enforcement, youth social services, and juve25 nile justice system.’’.
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1 SEC. 1099W. DEFINITIONS.

2 Section 1004 of the Urban Park and Recreation Recov3 ery Act of 1978 is amended by inserting the following new

4 subsection after subsection (c) and by redesignating sub5 sections (d) through (j) as (e) through (k) respectively:

6 ‘‘(d) ‘at-risk youth recreation grants’ means—

7 ‘‘(1) rehabilitation grants,

8 ‘‘(2) innovation grants, or

9 ‘‘(3) matching grants for continuing program

10 support for programs of demonstrated value or success

11 in providing constructive alternatives to youth at risk

12 for engaging in criminal behavior, including grants

13 for operating, or coordinating recreation programs

14 and services;

15 in neighborhoods and communities with a high prevalence

16 of crime, particularly violent crime or crime committed by

17 youthful offenders; in addition to the purposes specified in

18 subsection (b), rehabilitation grants referred to in para19 graph (1) of this subsection may be used for the provision

20 of lighting, emergency phones or other capital improve21 ments which will improve the security of urban parks;’’.

22 SEC. 1099X. CRITERIA FOR SELECTION.

23 Section 1005 of the Urban Park and Recreation Recov24 ery Act of 1978 is amended by striking ‘‘and’’ at the end

25 of paragraph (6), by striking the period at the end of para-
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1 graph (7) and inserting ‘‘; and’’ and by adding the follow2 ing at the end thereof:

3 ‘‘(8) in the case of at-risk youth recreation

4 grants, the Secretary shall give a priority to each of

5 the following criteria:

6 ‘‘(A) Programs which are targeted to youth

7 who are at the greatest risk of becoming involved

8 in violence and crime.

9 ‘‘(B) Programs which teach important val10 ues and life skills, including teamwork, respect,

11 leadership, and self-esteem.

12 ‘‘(C) Programs which offer tutoring, reme13 dial education, mentoring, and counseling in ad14 dition to recreation opportunities.

15 ‘‘(D) Programs which offer services during

16 late night or other nonschool hours.

17 ‘‘(E) Programs which demonstrate collabo18 ration between local park and recreation, juve19 nile justice, law enforcement, and youth social

20 service agencies and nongovernmental entities,

21 including the private sector and community and

22 nonprofit organizations.

23 ‘‘(F) Programs which leverage public or pri24 vate recreation investments in the form of serv25 ices, materials, or cash.
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1 ‘‘(G) Programs which show the greatest po2 tential of being continued with non-Federal

3 funds or which can serve as models for other

4 communities.’’.

5 SEC. 1099Y. PARK AND RECREATION ACTION RECOVERY

6 PROGRAMS.

7 Section 1007(b) of the Urban Park and Recreation Re8 covery Act of 1978 is amended by adding the following at

9 the end thereof: ‘‘In order to be eligible to receive ‘at-risk

10 youth recreation grants’ a local government shall amend its

11 5-year action program to incorporate the goal of reducing

12 crime and juvenile delinquency and to provide a description

13 of the implementation strategies to achieve this goal. The

14 plan shall also address how the local government is coordi15 nating its recreation programs with crime prevention ef16 forts of law enforcement, juvenile corrections, and youth so17 cial service agencies.’’.

18 SEC. 1099Z. MISCELLANEOUS AND TECHNICAL AMEND19 MENTS.

20 (a) PROGRAM SUPPORT.—Section 1013 of the Urban

21 Park and Recreation Recovery Act of 1978 is amended by

22 inserting ‘‘(a) IN GENERAL.—’’ after ‘‘1013’’ and by adding

23 the following new subsection at the end thereof:
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1 ‘‘(b) PROGRAM SUPPORT.—Not more than 25 percent

2 of the amounts made available under this title to any local

3 government may be used for program support.’’.

4 (b) EXTENSION.—Section 1003 of the Urban Park and

5 Recreation Recovery Act of 1978 is amended by striking

6 ‘‘for a period of five years’’ and by striking ‘short-term’’.

7 Subtitle P—Boys and Girls Clubs in

8 Public Housing

9 SEC. 1099AA. ESTABLISHMENT.

10 The Secretary for Housing and Urban Development,

11 in consultation with the Attorney General, shall enter into

12 contracts with the Boys and Girls Clubs of America, a na13 tional nonprofit youth organization to establish Boys and

14 Girls Clubs in public housing.

15 SEC. 1099BB. REPORT.

16 By May 1 of each fiscal year for which funds for this

17 section are provided, the Secretary of Housing and Urban

18 Development shall submit a report to the Committee on

19 Banking, Housing, and Urban Affairs of the Senate and

20 the Committee on Banking, Finance and Urban Affairs of

21 the House of Representatives that details the progress of es22 tablishing boys and girls clubs in public housing and the

23 effectiveness of the programs in reducing drug abuse and

24 gang violence.
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1 SEC. 1099CC. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated the following

3 sums to carry out this subtitle—

4 (1) $12,000,000 for fiscal year 1995;

5 (2) $12,000,000 for fiscal year 1996; and

6 (3) $12,000,000 for fiscal year 1997,

7 Subtitle Q—Community-Based Jus8 tice Grants for Local Prosecu9 tors

10 SEC. 1099DD. GRANT AUTHORIZATION.

11 The Attorney General may make grants to local pros12 ecutors for the purpose of supporting the creation or expan13 sion of community-based justice programs.

14 SEC. 1099EE. USE OF FUNDS.

15 Grants made by the Attorney General under this sec16 tion shall be used—

17 (1) to fund programs that require the coopera18 tion and coordination of prosecutors, school officials,

19 police, probation officers, youth and social service

20 professionals, and community members in the effort

21 to reduce the incidence of, and increase the successful

22 identification and speed of prosecution of, young vio23 lent offenders;

24 (2) to fund programs in which prosecutors focus

25 on the offender, not simply the specific offense, and

26 impose individualized sanctions, designed to deter
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1 that offender from further antisocial conduct, and im2 pose increasingly serious sanctions on a young of3 fender who continues to commit offenses; and

4 (3) to fund programs that coordinate criminal

5 justice resources with educational, social service, and

6 community resources to develop and deliver violence

7 prevention programs, including mediation and other

8 conflict resolution methods, treatment, counselling,

9 educational, and recreational programs that create al10 ternatives to criminal activity.

11 SEC. 1099FF. APPLICATIONS.

12 (a) ELIGIBILITY.—In order to be eligible to receive a

13 grant under this part for any fiscal year, a local prosecutor,

14 in conjunction with the mayor from the jurisdiction in

15 which the program will be placed, shall submit an applica16 tion to the Attorney General in such form and containing

17 such information as the Attorney General may reasonably

18 require.

19 (b) REQUIREMENTS.—Each applicant shall include—

20 (1) a request for funds for the purposes described

21 in section 1099EE;

22 (2) a description of the communities to be served

23 by the grant, including the nature of the youth crime

24 and violence problems within such communities;
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1 (3) assurances that Federal funds received under

2 this part shall be used to supplement, not supplant,

3 non-Federal funds that would otherwise be available

4 for activities funded under this section; and

5 (4) statistical information in such form and con6 taining such information that the Attorney General

7 may require.

8 (c) COMPREHENSIVE PLAN.—Each applicant shall in9 clude a comprehensive plan that shall contain—

10 (1) a description of the youth violent crime prob11 lem;

12 (2) an action plan outlining how the applicant

13 will achieve the purposes as described in section 1;

14 (3) a description of the resources available in the

15 community to implement the plan together with a de16 scription of the gaps in the plan that cannot be filled

17 with existing resources; and

18 (4) a description of how the requested grant will

19 be used to fill gaps.

20 SEC. 1099GG. ALLOCATION OF FUNDS; LIMITATIONS ON

21 GRANTS.

22 (a) ADMINISTRATIVE COST LIMITATION.—The Attor23 ney General shall use not more than 5 percent of the funds

24 available under this program for the purposes of adminis25 tration and technical assistance.
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1 (b) RENEWAL OF GRANTS.—A grant under this part

2 may be renewed for up to 2 additional years after the first

3 fiscal year during which the recipient receives its initial

4 grant under this part, subject to the availability of funds,

5 if—

6 (1) the Attorney General determines that the

7 funds made available to the recipient during the pre8 vious years were used in a manner required under the

9 approved application; and

10 (2) the Attorney General determines that an ad11 ditional grant is necessary to implement the commu12 nity prosecution program described in the comprehen13 sive plan required by section 2.

14 SEC. 1099HH. AWARD OF GRANTS.

15 The Attorney General shall consider the following facts

16 in awarding grants:

17 (1) Demonstrated need and evidence of the abil18 ity to provide the services described in the plan re19 quired under section 1099FF.

20 (2) The Attorney General shall attempt, to the

21 extent practicable, to achieve an equitable geographic

22 distribution of grant awards.

23 SEC. 1099II. REPORTS.

24 (a) REPORT TO ATTORNEY GENERAL.—Local prosecu25 tors that receive funds under this subtitle shall submit to
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1 the Attorney General a report not later than March 1 of

2 each year that describes progress achieved in carrying out

3 the plan described under section 2(c).

4 (b) REPORT TO CONGRESS.—The Attorney General

5 shall submit to the Congress a report by October 1 of each

6 year in which grants are made available under this subtitle

7 which shall contain a detailed statement regarding grant

8 awards, activities of grant recipients, a compilation of sta9 tistical information submitted by applicants, and an eval10 uation of programs established under this subtitle.

11 SEC. 1099JJ. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated $20,000,000

13 for each of the fiscal years 1995 through 1999 to carry out

14 the purposes of this subtitle.

15 SEC. 1099KK. DEFINITIONS.

16 The term ‘‘young violent offender’’ means individuals,

17 ages 7–22, who have committed crimes of violence, weapons

18 offenses, drug distribution, hate crimes and civil rights vio19 lations, and offenses against personal property of another.

20 TITLE XI—YOUTH VIOLENCE

21 SEC. 1101. PROSECUTION AS ADULTS OF CERTAIN JUVE22 NILES FOR CRIMES OF VIOLENCE.

23 (a) PROSECUTION AS ADULTS.—The 4th undesignated

24 paragraph of section 5032 of title 18, United States Code,

25 is amended by striking ‘‘; however’’ and inserting ‘‘. In the
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1 application of the preceding sentence, if the crime of vio2 lence is an offense under section 113(a), 113(b), 113(c),

3 1111, 1113, or, if the juvenile possessed a firearm during

4 the offense, section 2111, 2113, 2241(a), or 2241(c) of this

5 title, ‘thirteen’ shall be substituted for ‘fifteen’ and ‘thir6 teenth’ shall be substituted for ‘fifteenth’. Notwithstanding

7 sections 1152 and 1153 of this title, no person subject to

8 the criminal jurisdiction of an Indian tribal government

9 shall be subject to the preceding sentence for any offense the

10 Federal jurisdiction for which is predicated solely on In11 dian country as defined in section 1151 of this title, and

12 which has occurred within the boundaries of such Indian

13 country, unless the governing body of the tribe has elected

14 that the preceding sentence have effect over land and persons

15 subject to its criminal jurisdiction. However’’.

16 (b) FEDERAL PRIORITY IN DEALING WITH CERTAIN

17 CRIMES.—The first undesignated paragraph of section 5032

18 of title 18, United States Code, is amended by inserting

19 ‘‘ or an offense that is a crime of violence under section

20 113(a), 113(b), 113(c), 1111, 1113, or if the juvenile pos21 sessed a firearm during the offense, section 2111, 2113,

22 2241(a), or 2241(c) of this title’’ after ‘‘not exceed six

23 months’’.
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1 SEC. 1102. COMMENCEMENT OF JUVENILE PROCEEDING.

2 Section 5032 of title 18, United States Code, is amend3 ed by striking ‘‘Any proceedings against a juvenile under

4 this chapter or as an adult shall not be commenced until’’

5 and inserting ‘‘A juvenile shall not be transferred to adult

6 prosecution nor shall a hearing be held under section 5037

7 (disposition after a finding of juvenile delinquency) until’’.

8 SEC. 1103. SEPARATION OF JUVENILE FROM ADULT OF9 FENDERS.

10 Section 5039 of title 18, United States Code, is amend11 ed by inserting ‘‘, whether pursuant to an adjudication of

12 delinquency or conviction for an offense,’’ after ‘‘commit13 ted’’ the first place it appears.

14 TITLE XII—CHILD SEXUAL

15 ABUSE PREVENTION ACT OF 1994

16 SEC. 1201. PENALTIES FOR INTERNATIONAL TRAFFICKING

17 IN CHILD PORNOGRAPHY.

18 (a) IMPORT RELATED OFFENSE.—Chapter 110 of title

19 18, United States Code, is amended by adding at the end

20 the following new section:

21 ‘‘§ 2259. Production of sexually explicit depictions of a

22 minor for importation into the United

23 States

24 ‘‘(a) USE OF MINOR.—A person who, outside the

25 United States, employs, uses, persuades, induces, entices, or

26 coerces any minor to engage in, or who has a minor assist
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1 any other person to engage in, or who transports any minor

2 with the intent that the minor engage in any sexually ex3 plicit conduct for the purpose of producing any visual de4 piction of such conduct, intending that the visual depiction

5 will be imported into the United States or into waters with6 in 12 miles of the coast of the United States, shall be pun7 ished as provided in subsection (c).

8 ‘‘(b) USE OF VISUAL DEPICTION.—A person who, out9 side the United States, knowingly receives, transports,

10 ships, distributes, sells, or possesses with intent to transport,

11 ship, sell, or distribute any visual depiction of a minor en12 gaging in sexually explicit conduct (if the production of the

13 visual depiction involved the use of a minor engaging in

14 sexually explicit conduct), intending that the visual depic15 tion will be imported into the United States or into waters

16 within a distance of 12 miles of the coast of the United

17 States, shall be punished as provided in subsection (c).

18 ‘‘(c) PENALTIES.—A person who violates subsection (a)

19 or (b), or conspires or attempts to do so—

20 ‘‘(1) shall be fined under this title, imprisoned

21 not more than 10 years, or both; and

22 ‘‘(2) if the person has a prior conviction under

23 this chapter or chapter 109A, shall be fined under this

24 title, imprisoned not more than 20 years, or both.’’.

25 (b) TECHNICAL AMENDMENT.—
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1 (1) CHAPTER ANALYSIS.—The table of sections at

2 the beginning of chapter 110 of title 18, United States

3 Code, is amended by adding at the end the following

4 new item:

‘‘2259. Production of sexually explicit depictions of a minor for importation into

the United States.’’.

5 (2) FINE PROVISIONS.—Section 2251(d) of title

6 18, United States Code, is amended—

7 (A) by striking ‘‘not more than $100,000,

8 or’’ and inserting ‘‘under this title,’’;

9 (B) by striking ‘‘not more than $200,000,

10 or’’ and inserting ‘‘under this title,’’; and

11 (C) by striking ‘‘not more than $250,000’’

12 and inserting ‘‘under this title’’.

13 (c) SECTION 2251 PENALTY ENHANCEMENT.—Section

14 2251(d) of title 18, United States Code, is amended by strik15 ing ‘‘this section’’ the second place it appears and inserting

16 ‘‘this chapter or chapter 109A’’.

17 (d) SECTION 2252 PENALTY ENHANCEMENT.—Section

18 2252(b)(1) of title 18, United States Code, is amended by

19 striking ‘‘this section’’ and inserting ‘‘this chapter or chap20 ter 109A’’.

21 (e) CONSPIRACY AND ATTEMPT.—Sections 2251(d) and

22 2252(b) of title 18, United States Code, are each amended

23 by inserting ‘‘, or attempts or conspires to violate,’’ after

24 ‘‘violates’’ each place it appears.
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1 (f) RICO AMENDMENT.—Section 1961(1) of title 18,

2 United States Code, is amended by striking ‘‘2251–2252’’

3 and inserting ‘‘2251, 2252, and 2259’’.

4 (g) TRANSPORTATION OF MINORS.—Chapter 117 of

5 title 18, United States Code, is amended—

6 (1) by adding at the end the following new

7 section:

8 ‘‘§ 2425. Travel with intent to engage in a sexual act

9 with a juvenile

10 ‘‘A person who travels in interstate commerce, or con11 spires to do so, or a United States citizen or an alien admit12 ted for permanent residence in the United States who trav13 els in foreign commerce, or conspires to do so, for the pur14 pose of engaging in any sexual act (as defined in section

15 2245) with a person under 18 years of age that would be

16 in violation of chapter 109A if the sexual act occurred in

17 the special maritime and territorial jurisdiction of the

18 United States shall be fined under this title, imprisoned not

19 more than 10 years, or both.’’; and

20 (2) in the table of sections at the beginning, by

21 adding at the end the following new item:

‘‘2425. Travel with intent to engage in a sexual act with a juvenile.’’.

22 SEC. 1202. SENSE OF CONGRESS CONCERNING STATE LEG23 ISLATION REGARDING CHILD PORNOGRAPHY.

24 It is the sense of the Congress that each State that has

25 not yet done so should enact legislation prohibiting the pro-
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1 duction, distribution, receipt, or simple possession of mate2 rials depicting a person under 18 years of age engaging

3 in sexually explicit conduct (as defined in section 2256 of

4 title 18, United States Code) and providing for a maximum

5 imprisonment of at least 1 year and for the forfeiture of

6 assets used in the commission or support of, or gained from,

7 such offenses.

8 TITLE XIII—JACOB WETTERLING

9 CRIMES AGAINST CHILDREN

10 REGISTRATION ACT

11 SEC. 1301. ESTABLISHMENT OF PROGRAM.

12 (a) IN GENERAL.—

13 (1) STATE GUIDELINES.—The Attorney General

14 shall establish guidelines for State programs requiring

15 any person who is convicted of a criminal offense

16 against a victim who is a minor to register a current

17 address with a designated State law enforcement

18 agency for 10 years after release from prison, or being

19 placed on parole, supervised release, or probation.

20 (2) DEFINITION.—For purposes of this sub21 section, the term ‘‘criminal offense against a victim

22 who is a minor’’ means any criminal offense that

23 consists of—

24 (A) kidnapping of a minor, except by a

25 parent;
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1 (B) false imprisonment of a minor, except

2 by a parent;

3 (C) criminal sexual conduct toward a

4 minor;

5 (D) solicitation of a minor to engage in sex6 ual conduct;

7 (E) use of a minor in a sexual performance;

8 (F) solicitation of a minor to practice pros9 titution;

10 (G) any conduct that by its nature is a sex11 ual offense against a minor; or

12 (H) an attempt to commit an offense de13 scribed in any of subparagraphs (A) through (G)

14 of this paragraph, if the State—

15 (i) makes such an attempt a criminal

16 offense; and

17 (ii) chooses to include such an offense

18 in those which are criminal offenses against

19 a victim who is a minor for the purposes of

20 this section.

21 (b) REGISTRATION REQUIREMENT UPON RELEASE,

22 PAROLE, SUPERVISED RELEASE, OR PROBATION.—An ap23 proved State registration program established under this

24 section shall contain the following requirements:
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1 (1) DUTY OF STATE PRISON OFFICIAL OR

2 COURT.—If a person who is required to register under

3 this section is released from prison, or placed on pa4 role, supervised release, or probation, a State prison

5 officer, or in the case of probation, the court, shall—

6 (A) inform the person of the duty to register

7 and obtain the information required for such

8 registration;

9 (B) inform the person that if the person

10 changes residence address, the person shall give

11 the new address to a designated State law en12 forcement agency in writing within 10 days;

13 (C) inform the person that if the person

14 changes residence to another State, the person

15 shall register the new address with the law en16 forcement agency with whom the person last reg17 istered, and the person is also required to reg18 ister with a designated law enforcement agency

19 in the new State not later than 10 days after es20 tablishing residence in the new State, if the new

21 State has a registration requirement;

22 (D) obtain fingerprints and a photograph of

23 the person if these have not already been ob24 tained in connection with the offense that trig25 gers registration; and
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1 (E) require the person to read and sign a

2 form stating that the duty of the person to reg3 ister under this section has been explained.

4 (2) TRANSFER OF INFORMATION TO STATE AND

5 THE F.B.I.—The officer, or in the case of a person

6 placed on probation, the court, shall, within 3 days

7 after receipt of information described in paragraph

8 (1), forward it to a designated State law enforcement

9 agency. The State law enforcement agency shall im10 mediately enter the information into the appropriate

11 State law enforcement record system and notify the

12 appropriate law enforcement agency having jurisdic13 tion where the person expects to reside. The State law

14 enforcement agency shall also immediately transmit

15 the conviction data and fingerprints to the Federal

16 Bureau of Investigation.

17 (3) ANNUAL VERIFICATION.—On each anniver18 sary of a person’s initial registration date during the

19 period in which the person is required to register

20 under this section, the designated State law enforce21 ment agency shall mail a nonforwardable verification

22 form to the last reported address of the person. The

23 person shall mail the verification form to the des24 ignated State law enforcement agency within 10 days

25 after receipt of the form. The verification form shall
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1 be signed by the person, and state that the person still

2 resides at the address last reported to the designated

3 State law enforcement agency. If the person fails to

4 mail the verification form to the designated State law

5 enforcement agency within 10 days after receipt of the

6 form, the person shall be in violation of this section

7 unless the person proves that the person has not

8 changed his or her residence address.

9 (4) NOTIFICATION OF LOCAL LAW ENFORCEMENT

10 AGENCIES OF CHANGES IN ADDRESS.—Any change of

11 address by a person required to register under this

12 section reported to the designated State law enforce13 ment agency shall immediately be reported to the ap14 propriate law enforcement agency having jurisdiction

15 where the person is residing. The designated law en16 forcement agency shall, if the person changes residence

17 to another State, notify the person of the law enforce18 ment agency with which the person must register in

19 the new State, if the new State has a registration re20 quirement.

21 (5) PRIVACY OF DATA.—The information col22 lected under a State registration program shall be

23 treated as private data on individuals and may be

24 disclosed only to law enforcement agencies for inves25 tigative purposes or to government agencies conduct-
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1 ing confidential background checks with fingerprints

2 on applicants for child care positions or other posi3 tions involving contact with children.

4 (c) REGISTRATION FOR CHANGE OF ADDRESS TO AN5 OTHER STATE.—A person who has been convicted of an of6 fense which triggered registration in a State shall register

7 the new address with a designated law enforcement agency

8 in another State to which the person moves not later than

9 10 days after such person establishes residence in the new

10 State, if the new State has a registration requirement.

11 (d) REGISTRATION FOR 10 YEARS.—A person required

12 to register under this section shall continue to comply with

13 this section until 10 years have elapsed since the person

14 was released from prison, or placed on parole, supervised

15 release, or probation.

16 (e) PENALTY.—A person required to register under a

17 State program established pursuant to this section who

18 knowingly fails to so register and keep such registration

19 current shall be subject to criminal penalties in any State

20 in which the person has so failed.

21 (f) COMPLIANCE.—

22 (1) COMPLIANCE DATE.—Each State shall have 3

23 years from the date of the enactment of this Act in

24 which to implement this section.
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1 (2) INELIGIBILITY FOR FUNDS.—The allocation

2 of funds under section 506 of title I of the Omnibus

3 Crime Control and Safe Streets Act of 1968 (42

4 U.S.C. 3756) received by a State not complying with

5 the guidelines issued under this section 3 years after

6 the date of enactment of this Act may be reduced by

7 10 percent and the unallocated funds shall be reallo8 cated to the States in compliance with this

9 section.

10 TITLE XIV—COMMUNITY

11 POLICING

12 SEC. 1401. COMMUNITY POLICING; ‘‘COPS ON THE BEAT’’.

13 (a) IN GENERAL.—Title I of the Omnibus Crime Con14 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)

15 is amended by inserting after part W (as added by section

16 2301(a)) the following new part:

17 ‘‘PART X—PUBLIC SAFETY AND COMMUNITY

18 POLICING; ‘COPS ON THE BEAT’

19 ‘‘SEC. 2401. AUTHORITY TO MAKE PUBLIC SAFETY AND COM20 MUNITY POLICING GRANTS.

21 ‘‘(a) GRANT AUTHORIZATION.—The Attorney General

22 is authorized to make grants to States and units of local

23 government, and to other public and private entities, to in24 crease police presence, to expand and improve cooperative

25 efforts between law enforcement agencies and members of
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1 the community to address crime and disorder problems, and

2 otherwise to enhance public safety.

3 ‘‘(b) REHIRING AND HIRING GRANT PROJECTS.—

4 Grants made under the authority of subsection (a) of this

5 section may be used for programs, projects, and other

6 activities to—

7 ‘‘(1) rehire law enforcement officers who have

8 been laid off as a result of State and local budget re9 ductions for deployment in community-oriented polic10 ing; and

11 ‘‘(2) hire and train new, additional career law

12 enforcement officers (including cadets and trainees)

13 for deployment in community-oriented policing across

14 the Nation.

15 ‘‘(c) ADDITIONAL GRANT PROJECTS.—Grants made

16 under the authority of subsection (a) of this section also

17 may include programs, projects, and other activities to—

18 ‘‘(1) increase the number of law enforcement offi19 cers involved in activities that are focused on inter20 action with members of the community on proactive

21 crime control and prevention by redeploying officers

22 to such activities;

23 ‘‘(2) provide specialized training to law enforce24 ment officers to enhance their conflict resolution, me25 diation, problem solving, service, and other skills
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1 needed to work in partnership with members of the

2 community;

3 ‘‘(3) increase police participation in multidisci4 plinary early intervention teams;

5 ‘‘(4) develop new technologies to assist State and

6 local law enforcement agencies in reorienting the em7 phasis of their activities from reacting to crime to

8 preventing crime;

9 ‘‘(5) develop and implement innovative programs

10 to permit members of the community to assist State

11 and local law enforcement agencies in the prevention

12 of crime in the community;

13 ‘‘(6) establish innovative programs to reduce,

14 and keep to a minimum, the amount of time that law

15 enforcement officers must be away from the commu16 nity while awaiting court appearances;

17 ‘‘(7) establish and implement innovative pro18 grams to increase and enhance proactive crime con19 trol and prevention programs involving law enforce20 ment officers and young persons in the community;

21 ‘‘(8) develop and establish new administrative

22 and managerial systems to facilitate the adoption of

23 community-oriented policing as an organization-wide

24 philosophy; and
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1 ‘‘(9) establish, implement, and coordinate crime

2 prevention and control programs (involving law en3 forcement officers working with community members)

4 with other existing Federal programs that serve the

5 community and community members to better address

6 the comprehensive needs of such community and its

7 members.

8 ‘‘(d) PREFERENTIAL CONSIDERATION OF APPLICA9 TIONS FOR CERTAIN GRANTS.—In awarding grants under

10 this part, the Attorney General may give preferential con11 sideration to grants for hiring and rehiring additional ca12 reer law enforcement officers that involve a non-Federal

13 contribution exceeding the 25 percent minimum under sub14 section (h) of this section.

15 ‘‘(e) TECHNICAL ASSISTANCE.—(1) The Attorney Gen16 eral may provide technical assistance to States and units

17 of local government, and to other public and private enti18 ties, in furtherance of the purposes of this part.

19 ‘‘(2) The technical assistance provided by the Attorney

20 General may include the development of a flexible model

21 that will define for States and units of local government,

22 and other public and private entities, definitions and strat23 egies associated with community or problem-oriented polic24 ing and methodologies for its implementation.
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1 ‘‘(3) The technical assistance provided by the Attorney

2 General may include the establishment and operation of

3 training centers or facilities, either directly or by contract4 ing or cooperative arrangements. The functions of the cen5 ters or facilities established under this paragraph may in6 clude instruction and seminars for police executives, man7 agers, trainers, and supervisors concerning community or

8 problem-oriented policing and improvements in police-com9 munity interaction and cooperation that further the pur10 poses of this part.

11 ‘‘(f) UTILIZATION OF DEPARTMENT OF JUSTICE OF12 FICES AND SERVICES.—The Attorney General may utilize

13 any office or service of the Department of Justice in carry14 ing out this part.

15 ‘‘(g) MINIMUM AMOUNT.—Each qualifying State, to16 gether with grantees within the State, shall receive in each

17 fiscal year pursuant to subsection (a) of this section not

18 less than 0.25 percent of the total amount appropriated in

19 the fiscal year for grants pursuant to such subsection. As

20 used in this subsection, ‘qualifying State’ means any State

21 which has submitted an application for a grant, or in which

22 an eligible entity has submitted an application for a grant,

23 which meets the requirements prescribed by the Attorney

24 General and the conditions set out in this part.
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1 ‘‘(h) MATCHING FUNDS.—The portion of the costs of

2 a program, project, or activity provided by a grant under

3 subsection (a) of this section may not exceed 75 percent,

4 unless the Attorney General waives, wholly or in part, the

5 requirement under this subsection of a non-Federal con6 tribution to the costs of a program, project, or activity. In

7 relation to a grant for a period exceeding one year for hir8 ing or re-hiring career law enforcement officers, the Federal

9 share shall decrease from year to year, looking towards the

10 continuation of the increased hiring level using State or

11 local sources of funding following the conclusion of Federal

12 support, as provided in an approved plan pursuant to sec13 tion 2402(c)(8) of this part.

14 ‘‘(i) ALLOCATION OF FUNDS.—The funds available

15 under this part shall be allocated as provided in section

16 1001(a)(19)(B) of this title.

17 ‘‘(j) TERMINATION OF GRANTS FOR HIRING OFFI18 CERS.—The authority under subsection (a) of this section

19 to make grants for the hiring and rehiring of additional

20 career law enforcement officers shall lapse at the conclusion

21 of six years from the date of enactment of this part. Prior

22 to the expiration of this grant authority, the Attorney Gen23 eral shall submit a report to Congress concerning the experi24 ence with and effects of such grants. The report may include

25 any recommendations the Attorney General may have for
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1 amendments to this part and related provisions of law in

2 light of the termination of the authority to make grants for

3 the hiring and rehiring of additional career law enforce4 ment officers.

5 ‘‘SEC. 2402. APPLICATIONS.

6 ‘‘(a) IN GENERAL.—No grant may be made under this

7 part unless an application has been submitted to, and ap8 proved by, the Attorney General.

9 ‘‘(b) FORM AND CONTENT OF APPLICATION.—An ap10 plication for a grant under this part shall be submitted in

11 such form, and contain such information, as the Attorney

12 General may prescribe by regulation or guidelines.

13 ‘‘(c) COMPLIANCE WITH REGULATIONS OR GUIDE14 LINES.—In accordance with the regulations or guidelines

15 established by the Attorney General, each application for

16 a grant under this part shall—

17 ‘‘(1) include a long-term strategy and detailed

18 implementation plan that reflects consultation with

19 community groups and appropriate private and pub20 lic agencies and reflects consideration of the statewide

21 strategy under section 503(a)(1) of this part;

22 ‘‘(2) demonstrate a specific public safety need;

23 ‘‘(3) explain the locality’s inability to address

24 the need without Federal assistance;
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1 ‘‘(4) identify related governmental and commu2 nity initiatives which complement or will be coordi3 nated with the proposal;

4 ‘‘(5) certify that there has been appropriate co5 ordination with all affected agencies;

6 ‘‘(6) outline the initial and ongoing level of com7 munity support for implementing the proposal in8 cluding financial and in-kind contributions or other

9 tangible commitments;

10 ‘‘(7) specify plans for obtaining necessary sup11 port and continuing the proposed program, project, or

12 activity following the conclusion of Federal support;

13 and

14 ‘‘(8) if the application is for a grant for hiring

15 or rehiring additional career law enforcement offi16 cers—

17 ‘‘(A) specify plans for the assumption by

18 the grantee of a progressively larger share of the

19 cost in the course of time, looking towards the

20 continuation of the increased hiring level using

21 State or local sources of funding following the

22 conclusion of Federal support;

23 ‘‘(B) assess the impact, if any, of the in24 crease in police resources on other components of

25 the criminal justice system;
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1 ‘‘(C) explain how the grant will be utilized

2 to re-orient the affected law enforcement agency’s

3 mission towards community-oriented policing or

4 enhance its involvement in or commitment to

5 community-oriented policing; and

6 ‘‘(D) ensure that, to the extent practicable,

7 grantees seek and recruit members of racial, eth8 nic, and gender minority groups whose represen9 tation in the law enforcement agency for which

10 funds are sought is less than in the general pop11 ulation qualified for such employment in such

12 jurisdiction.

13 ‘‘SEC. 2403. REVIEW OF APPLICATIONS BY STATE OFFICE.

14 ‘‘(a) IN GENERAL.—Except as provided in subsection

15 (c) or (d), an applicant for a grant under this part shall

16 submit an application to the State office designated under

17 section 507 of this title in the State in which the applicant

18 is located for initial review.

19 ‘‘(b) INITIAL REVIEW OF APPLICATION.—The State of20 fice referred to in subsection (a) of this section shall review

21 applications for grants under this part submitted to it,

22 based upon criteria specified by the Attorney General by

23 regulation or guidelines, and rank such applications based

24 upon the criteria specified by the Attorney General. The

25 State office referred to in subsection (a) of this section shall
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1 submit the list along with all grant applications and

2 supporting materials received to the Attorney

3 General.

4 ‘‘(c) DIRECT APPLICATION TO THE ATTORNEY GEN5 ERAL BY CERTAIN MUNICIPALITIES.—Notwithstanding sub6 section (a) of this section, municipalities whose population

7 exceeds 100,000 may submit an application for a grant

8 under this part directly to the Attorney General. For pur9 poses of this subsection, ‘municipalities whose population

10 exceeds 100,000’ means units of local government or law

11 enforcement agencies having jurisdiction over areas with

12 populations exceeding 100,000, and consortia or associa13 tions that include one or more such units of local govern14 ment or law enforcement agencies.

15 ‘‘(d) DIRECT APPLICATION TO THE ATTORNEY GEN16 ERAL BY OTHER APPLICANTS.—Notwithstanding subsection

17 (a) of this section, if a State chooses not to carry out the

18 functions described in subsection (b) of this section, an

19 applicant in the State may submit an application for a

20 grant under this part directly to the Attorney

21 General.

22 ‘‘SEC. 2404. RENEWAL OF GRANTS.

23 ‘‘(a) IN GENERAL.—Except for grants made for hiring

24 or rehiring additional career law enforcement officers, a

25 grant under this part may be renewed for up to two addi-
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1 tional years after the first fiscal year during which a recipi2 ent receives its initial grant if the Attorney General deter3 mines that the funds made available to the recipient were

4 used in a manner required under an approved application

5 and if the recipient can demonstrate significant progress

6 in achieving the objectives of the initial application.

7 ‘‘(b) GRANTS FOR HIRING.—Grants made for hiring

8 or rehiring additional career law enforcement officers may

9 be renewed for up to five years, subject to the requirements

10 of subsection (a) of this section, but notwithstanding the

11 limitation in that subsection concerning the number of

12 years for which grants may be renewed.

13 ‘‘(c) MULTI-YEAR GRANTS.—A grant for a period ex14 ceeding one year may be renewed as provided in this sec15 tion, except that the total duration of such a grant includ16 ing any renewals may not exceed three years, or six years

17 if it is a grant made for hiring or rehiring additional ca18 reer law enforcement officers.

19 ‘‘SEC. 2405. LIMITATION ON USE OF FUNDS.

20 ‘‘(a) NON-SUPPLANTING REQUIREMENT.—Funds made

21 available under this part to States or units of local govern22 ment shall not be used to supplant State or local funds,

23 but will be used to increase the amount of funds that would,

24 in the absence of Federal funds, be made available from

25 State or local sources.
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1 ‘‘(b) ADMINISTRATIVE COSTS.—No more than 5 per2 cent of the funds available under this part may be used

3 for the costs of States in carrying out the functions de4 scribed in section 2403(b) or other administrative costs.

5 ‘‘(c) NON-FEDERAL COSTS.—States and units of local

6 government may use assets received through the assets for7 feiture equitable sharing program to cover the non-Federal

8 portion of programs, projects, and activities

9 funded under this part.

10 ‘‘(d) HIRING COSTS.—Funding provided under this

11 part for hiring or rehiring a career law enforcement officer

12 may not exceed $75,000, unless the Attorney General grants

13 a waiver from this limitation.

14 ‘‘SEC. 2406. PERFORMANCE EVALUATION.

15 ‘‘(a) EVALUATION COMPONENTS.—

16 ‘‘(1) Each program, project, or activity funded

17 under this part shall contain an evaluation compo18 nent, developed pursuant to guidelines established by

19 the Attorney General.

20 ‘‘(2) The evaluations required by paragraph (1)

21 shall include outcome measures that can be used to

22 determine the effectiveness of the funded programs,

23 projects, activities and a description of the geographic

24 dispersion, and racial, ethnic, and gender diversity of

25 rehired and new employees. Outcome measures may
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1 include crime and victimization indicators, quality of

2 life measures, community perceptions, and police per3 ceptions of their own work.

4 ‘‘(b) PERIODIC REVIEW AND REPORTS.—The Attorney

5 General shall review the performance of each grant recipient

6 under this part. The Attorney General may require a grant

7 recipient to submit to the Attorney General the results of

8 the evaluations required under subsection (a) and such

9 other data and information as the Attorney General deems

10 reasonably necessary to carry out the responsibilities under

11 this subsection.

12 ‘‘SEC. 2407. REVOCATION OR SUSPENSION OF FUNDING.

13 ‘‘If the Attorney General determines, as a result of the

14 reviews required by section 2406 of this part, or otherwise,

15 that a grant recipient under this part is not in substantial

16 compliance with the terms and requirements of an approved

17 grant application submitted under section 2402 of this

18 part, the Attorney General may revoke or suspend funding

19 of that grant, in whole or in part.

20 ‘‘SEC. 2408. ACCESS TO DOCUMENTS.

21 ‘‘(a) BY THE ATTORNEY GENERAL.—The Attorney

22 General shall have access for the purpose of audit and exam23 ination to any pertinent books, documents, papers, or

24 records of a grant recipient under this part, as well as the

25 pertinent books, documents, papers, or records of States and
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1 units of local government, persons, businesses, and other en2 tities that are involved in programs, projects, or activities

3 for which assistance is provided under this part.

4 ‘‘(b) BY THE COMPTROLLER GENERAL.—The provi5 sions of subsection (a) of this section shall also apply with

6 respect to audits and examinations conducted by the Comp7 troller General of the United States or by an authorized

8 representative of the Comptroller General.

9 ‘‘SEC. 2409. GENERAL REGULATORY AUTHORITY.

10 ‘‘The Attorney General is authorized to promulgate

11 regulations and guidelines to carry out this part.

12 ‘‘SEC. 2410. DEFINITION.

13 ‘‘For the purposes of this part, the term ‘career law

14 enforcement officer’ means a person hired on a permanent

15 basis who is authorized by law or by a State or local public

16 agency to engage in or supervise the prevention, detection,

17 or investigation of violations of criminal laws.’’.

18 (b) TECHNICAL AMENDMENT.—The table of contents of

19 title I of the Omnibus Crime Control and Safe Streets Act

20 of 1968 (42 U.S.C. 3711, et seq.) is amended by inserting

21 after the matter relating to part W (as added by section

22 2301(b)) the following:

‘‘PART X—PUBLIC SAFETY AND COMMUNITY POLICING; ‘COPS ON THE BEAT’

‘‘Sec. 2401. Authority to make public safety and community policing grants.

‘‘Sec. 2402. Applications.

‘‘Sec. 2403. Review of applications by State office.

‘‘Sec. 2404. Renewal of grants.

‘‘Sec. 2405. Limitation on use of funds.

‘‘Sec. 2406. Performance evaluation.
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‘‘Sec. 2407. Revocation or suspension of funding.

‘‘Sec. 2408. Access to documents.

‘‘Sec. 2409. General regulatory authority.

‘‘Sec. 2410. Definition.’’.

1 SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.

2 (a) AUTHORIZATION.—Section 1001(a) of title I of the

3 Omnibus Crime Control and Safe Streets Act of 1968 (42

4 U.S.C. 3793) is amended—

5 (1) in paragraph (3) by striking ‘‘and O.’’ and

6 inserting ‘‘O, P, Q, R, S, T, U, V, W, and X.’’; and

7 (2) by adding after paragraph (18) (as added by

8 section 2302) the following:

9 ‘‘(19)(A) There are authorized to be appropriated to

10 carry out part X, to remain available until expended,

11 $200,000,000 for fiscal year 1994 and $650,000,000 for each

12 of the fiscal years 1995, 1996, 1997, 1998, and 1999.

13 ‘‘(B) Of funds available under part X in any fiscal

14 year, up to 5 percent may be used for technical assistance

15 under section 2401(e) or for evaluations or studies carried

16 out or commissioned by the Attorney General in furtherance

17 of the purposes of part X, and up to 5 percent may be used

18 for the costs of States in carrying out the functions de19 scribed in section 2403(b) or other administrative costs. Of

20 the remaining funds, 50 percent shall be allocated for grants

21 pursuant to applications submitted as provided in section

22 2403(a) or (d), and 50 percent shall be allocated for grants

23 pursuant to applications submitted as provided in section
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1 2403(c). Of the funds available in relation to grants pursu2 ant to applications submitted as provided in section

3 2403(a) or (d), at least 85 percent shall be applied to grants

4 for the purposes specified in section 2401(b), and no more

5 than 15 percent may be applied to other grants in further6 ance of the purposes of part X. Of the funds available in

7 relation to grants pursuant to applications submitted as

8 provided in section 2403(c), at least 85 percent shall be ap9 plied to grants for the purposes specified in section 2401(b),

10 and no more than 15 percent may be applied to other grants

11 in furtherance of the purposes of part X.

12 ‘‘(C) Notwithstanding the provisions of section 2403,

13 no funds allocated for grants pursuant to applications sub14 mitted as provided under subsections (a) or (d) of section

15 2403 shall be allocated for grants to a municipality (as de16 fined in section 2403(c)).’’.

17 TITLE XV—DNA IDENTIFICATION

18 SEC. 1501. SHORT TITLE.

19 This title may be cited at the ‘‘DNA Identification Act

20 of 1994’’.

21 SEC. 1502. FUNDING TO IMPROVE THE QUALITY AND AVAIL22 ABILITY OF DNA ANALYSES FOR LAW EN23 FORCEMENT IDENTIFICATION PURPOSES.

24 (a) DRUG CONTROL AND SYSTEM IMPROVEMENT

25 GRANT PROGRAM.—Section 501(b) of title I of the Omnibus
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1 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

2 3751(b)) is amended—

3 (1) in paragraph (20) by striking ‘‘and’’ at the

4 end,

5 (2) in paragraph (21) by striking the period at

6 the end and inserting a semicolon, and

7 (3) by adding at the end the following:

8 ‘‘(22) developing or improving in a forensic lab9 oratory a capability to analyze deoxyribonucleic acid

10 (hereinafter in this title referred to as ‘DNA’) for

11 identification purposes; and’’.

12 (b) STATE APPLICATIONS.—Section 503(a) of title I

13 of the Omnibus Crime Control and Safe Streets Act of 1968

14 (42 U.S.C. 3753(a)) is amended by adding at the end there15 of the following new paragraph:

16 ‘‘(12) If any part of a grant made under this

17 part is to be used to develop or improve a DNA anal18 ysis capability in a forensic laboratory, a certifi19 cation that—

20 ‘‘(A) DNA analyses performed at such lab21 oratory will satisfy or exceed then current stand22 ards for a quality assurance program for DNA

23 analysis, issued by the Director of the Federal

24 Bureau of Investigation under section 3 of the

25 DNA Identification Act of 1994;
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1 ‘‘(B) DNA samples obtained by, and DNA

2 analyses performed at, such laboratory will be

3 accessible only—

4 ‘‘(i) to criminal justice agencies for

5 law enforcement identification purposes;

6 ‘‘(ii) for criminal defense purposes, to

7 a defendant, who shall have access to sam8 ples and analyses performed in connection

9 with the case in which such defendant is

10 charged; or

11 ‘‘(iii) if personally identifiable infor12 mation is removed, for a population statis13 tics database, for identification research

14 and protocol development purposes, or for

15 quality control purposes; and

16 ‘‘(C) such laboratory, and each analyst per17 forming DNA analyses at such laboratory, will

18 undergo, at regular intervals of not to exceed 180

19 days, external proficiency testing by a DNA pro20 ficiency testing program meeting the standards

21 issued under section 3 of the DNA Identification

22 Act of 1994.’’.

23 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

24 1001(a) of the Omnibus Crime Control and Safe Streets Act
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1 of 1968 (42 U.S.C. 3793(a)) is amended by adding at the

2 end the following:

3 ‘‘(11) There are authorized to be appropriated for each

4 of the fiscal years 1994 through 1998 $10,000,000 for grants

5 to the States for DNA analysis.’’.

6 SEC. 1503. QUALITY ASSURANCE AND PROFICIENCY TEST7 ING STANDARDS.

8 (a) PUBLICATION OF QUALITY ASSURANCE AND PRO9 FICIENCY TESTING STANDARDS.—(1) Not later than 180

10 days after the date of the enactment of this Act, the Director

11 of the Federal Bureau of Investigation shall appoint an ad12 visory board on DNA quality assurance methods. The Di13 rector shall appoint members of the board from among

14 nominations proposed by the head of the National Academy

15 of Sciences and professional societies of crime laboratory

16 officials. The advisory board shall include as members sci17 entists from State and local forensic laboratories, molecular

18 geneticists and population geneticists not affiliated with a

19 forensic laboratory, and a representative from the National

20 Institute of Standards and Technology. The advisory board

21 shall develop, and if appropriate, periodically revise, rec22 ommended standards for quality assurance, including

23 standards for testing the proficiency of forensic laboratories,

24 and forensic analysts, in conducting analyses of DNA.
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1 (2) The Director of the Federal Bureau of Investiga2 tion, after taking into consideration such recommended

3 standards, shall issue (and revise from time to time) stand4 ards for quality assurance, including standards for testing

5 the proficiency of forensic laboratories, and forensic ana6 lysts, in conducting analyses of DNA.

7 (3) The standards described in paragraphs (1) and (2)

8 shall specify criteria for quality assurance and proficiency

9 tests to be applied to the various types of DNA analyses

10 used by forensic laboratories. The standards shall also in11 clude a system for grading proficiency testing performance

12 to determine whether a laboratory is performing acceptably.

13 (4) Until such time as the advisory board has made

14 recommendations to the Director of the Federal Bureau of

15 Investigation and the Director has acted upon those rec16 ommendations, the quality assurance guidelines adopted by

17 the technical working group on DNA analysis methods shall

18 be deemed the Director’s standards for purposes of this

19 section.

20 (b) ADMINISTRATION OF THE ADVISORY BOARD.—For

21 administrative purposes, the advisory board appointed

22 under subsection (a) shall be considered an advisory board

23 to the Director of the Federal Bureau of Investigation. Sec24 tion 14 of the Federal Advisory Committee Act (5 U.S.C.

25 App.) shall not apply with respect to the advisory board
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1 appointed under subsection (a). The board shall cease to

2 exist on the date 5 years after the initial appointments are

3 made to the board, unless the existence of the board is ex4 tended by the Director of the Federal Bureau of Investiga5 tion.

6 SEC. 1504. INDEX TO FACILITATE LAW ENFORCEMENT EX7 CHANGE OF DNA IDENTIFICATION INFORMA8 TION.

9 (a) IN GENERAL.—The Director of the Federal Bureau

10 of Investigation may establish an index of—

11 (1) DNA identification records of persons con12 victed of crimes;

13 (2) analyses of DNA samples recovered from

14 crime scenes; and

15 (3) analyses of DNA samples recovered from un16 identified human remains.

17 (b) CONTENT OF INDEX.—Such index may include

18 only information on DNA identification records and DNA

19 analyses that are—

20 (1) based on analyses performed in accordance

21 with publicly available standards that satisfy or ex22 ceed the guidelines for a quality assurance program

23 for DNA analysis, issued by the Director of the Fed24 eral Bureau of Investigation under section 3 of the

25 DNA Identification Act of 1994;
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1 (2) prepared by laboratories, and DNA analysts,

2 that undergo, at regular intervals of not to exceed 180

3 days, external proficiency testing by a DNA pro4 ficiency testing program meeting the standards issued

5 under section 3 of the DNA Identification Act of

6 1994; and

7 (3) maintained by Federal, State, and local

8 criminal justice agencies pursuant to rules that allow

9 disclosure of stored DNA samples and DNA analyses

10 only—

11 (A) to criminal justice agencies for law en12 forcement identification purposes;

13 (B) for criminal defense purposes, to a de14 fendant, who shall have access to samples and

15 analyses performed in connection with the case

16 in which such defendant is charged; or

17 (C) if personally identifiable information is

18 removed, for a population statistics database, for

19 identification research and protocol development

20 purposes, or for quality control purposes.

21 (c) EXCHANGE SUBJECT TO CANCELLATION.—The ex22 change of records authorized by this section is subject to

23 cancellation if the quality control and privacy requirements

24 described in subsection (b) of this section are not met.
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1 SEC. 1505. FEDERAL BUREAU OF INVESTIGATION.

2 (a) PROFICIENCY TESTING REQUIREMENTS.—

3 (1) GENERALLY.—Personnel at the Federal Bu4 reau of Investigation who perform DNA analyses

5 shall undergo, at regular intervals of not to exceed

6 180 days, external proficiency testing by a DNA pro7 ficiency testing program meeting the standards issued

8 under section 3(a). Within one year of the date of en9 actment of this Act, the Director of the Federal Bu10 reau of Investigation shall arrange for periodic blind

11 external tests to determine the proficiency of DNA

12 analysis performed at the Federal Bureau of Inves13 tigation laboratory. As used in this paragraph, the

14 term ‘‘blind external test’’ means a test that is pre15 sented to the laboratory through a second agency and

16 appears to the analysts to involve routine evidence.

17 (2) REPORT.—For five years after the date of en18 actment of this Act, the Director of the Federal Bu19 reau of Investigation shall submit to the Committees

20 on the Judiciary of the House and Senate an annual

21 report on the results of each of the tests referred to in

22 paragraph (1).

23 (b) PRIVACY PROTECTION STANDARDS.—

24 (1) GENERALLY.—Except as provided in para25 graph (2), the results of DNA tests performed for a
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1 Federal law enforcement agency for law enforcement

2 purposes may be disclosed only—

3 (A) to criminal justice agencies for law en4 forcement identification purposes; or

5 (B) for criminal defense purposes, to a de6 fendant, who shall have access to samples and

7 analyses performed in connection with the case

8 in which such defendant is charged.

9 (2) EXCEPTION.—If personally identifiable infor10 mation is removed, test results may be disclosed for

11 a population statistics database, for identification re12 search and protocol development purposes, or for

13 quality control purposes.

14 (c) CRIMINAL PENALTY.—(1) Whoever—

15 (A) by virtue of employment or official position,

16 has possession of, or access to, individually identifi17 able DNA information indexed in a database created

18 or maintained by any Federal law enforcement agen19 cy; and

20 (B) willfully discloses such information in any

21 manner to any person or agency not entitled to

22 receive it;

23 shall be fined not more than $100,000.

24 (2) Whoever, without authorization, willfully obtains

25 DNA samples or individually identifiable DNA information
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1 indexed in a database created or maintained by any Fed2 eral law enforcement agency shall be fined not more than

3 $100,000.

4 SEC. 1506. AUTHORIZATION OF APPROPRIATIONS.

5 There are authorized to be appropriated to the Federal

6 Bureau of Investigation $4,500,000 for each of fiscal years

7 1994 through 1998 to carry out sections 1503, 1504, and

8 1505 of this Act.

9 TITLE XVI—VIOLENCE AGAINST

10 WOMEN

11 SEC. 1600. SHORT TITLE.

12 This title may be cited as the ‘‘Violence Against

13 Women Act of 1994’’.

14 Subtitle A—Safe Streets for Women

15 SEC. 1601. SHORT TITLE.

16 This subtitle may be cited as the ‘‘Safe Streets for

17 Women Act of 1994’’.

18 SEC. 1602. GRANTS TO COMBAT VIOLENT CRIMES AGAINST

19 WOMEN.

20 (a) IN GENERAL.—Title I of the Omnibus Crime Con21 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)

22 is amended by—

23 (1) redesignating part Q as part R;

24 (2) redesignating section 1701 as section 1801;

25 and
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1 (3) adding after part P the following new part:

2 ‘‘PART Q—GRANTS TO COMBAT VIOLENT CRIMES

3 AGAINST WOMEN

4 ‘‘SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS.

5 ‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of

6 this part is to assist States, Indian tribes, and other eligible

7 entities to develop effective law enforcement and prosecution

8 strategies to combat violent crimes against women.

9 ‘‘(b) PURPOSES FOR WHICH GRANTS MAY BE

10 USED.—Grants under this part shall provide funds for per11 sonnel, training, technical assistance, data collection and

12 other equipment for the more widespread apprehension,

13 prosecution, and adjudication of persons committing vio14 lent crimes against women to reduce the rate of violent

15 crime against women and specifically, for the purposes of—

16 ‘‘(1) training law enforcement officers and pros17 ecutors to identify and respond more effectively to

18 violent crimes against women, including crimes of

19 sexual assault and domestic violence;

20 ‘‘(2) developing, training, or expanding units of

21 law enforcement officers and prosecutors that specifi22 cally target violent crimes against women, including

23 the crimes of sexual assault and domestic violence;

24 ‘‘(3) developing and implementing more effective

25 police and prosecution policies, protocols, orders, or
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1 services specifically devoted to the prevention of, iden2 tification of, and response to violent crimes against

3 women, including the crimes of sexual assault and do4 mestic violence;

5 ‘‘(4) developing, installing, or expanding data

6 collection systems, including computerized systems,

7 linking police, prosecutors, and courts or identifying

8 and tracking arrests, protection orders, prosecutions,

9 and convictions for the crimes of sexual assault and

10 domestic violence;

11 ‘‘(5) developing, enlarging, or strengthening vic12 tim services programs, including sexual assault and

13 domestic violence programs, developing or improving

14 delivery of victim services to racial, cultural, ethnic,

15 and language minorities, providing specialized do16 mestic violence court advocates in courts where a sig17 nificant number of protective orders are granted, and

18 increasing reporting and reducing attrition rates for

19 cases involving violent crimes against women, includ20 ing crimes of sexual assault and domestic violence;

21 and

22 ‘‘(6) aiding Indian tribe grantees, exclusively, in

23 financing the Violence Against Women Act of 1994.
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1 ‘‘SEC. 1702. STATE GRANTS.

2 ‘‘(a) GENERAL GRANTS.—The Director of the Bureau

3 of Justice Assistance (hereinafter in this part referred to

4 as the ‘Director’) is authorized to make grants to States,

5 Indian tribes, units of local government, tribal organiza6 tions, and nonprofit nongovernmental victim services pro7 grams in the States or Indian country.

8 ‘‘(b) APPLICATION REQUIREMENTS.—Applications

9 shall include—

10 ‘‘(1) documentation from prosecution, law en11 forcement, and victim services programs to be assisted

12 that demonstrates—

13 ‘‘(A) the need for grant funds;

14 ‘‘(B) the intended use of grant funds; and

15 ‘‘(C) the expected results;

16 ‘‘(2) proof of compliance with the requirements

17 for the payment of forensic medical exams provided

18 pursuant to section 1603 of the Violence Against

19 Women Act of 1994, except that Indian tribes are ex20 empt from such requirement; and

21 ‘‘(3) proof of compliance with the requirements

22 for paying filing and service fees for domestic violence

23 cases pursuant to section 1604 of the Violence Against

24 Women Act of 1994.
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1 ‘‘(c) QUALIFICATION.—Upon satisfying the terms of

2 subsection (b), an eligible entity shall be eligible for funds

3 provided under this part by—

4 ‘‘(1) certifying that funds received under this

5 part shall be used for the purposes outlined in section

6 1701(b);

7 ‘‘(2) certifying that grantees shall develop a

8 plan, implement such plan, and otherwise consult and

9 coordinate with nonprofit nongovernmental domestic

10 violence and sexual assault victim services programs,

11 law enforcement officials, victim advocates, prosecu12 tors, and defense attorneys;

13 ‘‘(3) providing documentation from the individ14 uals and groups listed under paragraph (2) regarding

15 their participation in development of a plan and in16 volvement in the application process, as well as how

17 such individuals and groups will be involved in im18 plementation of the plan;

19 ‘‘(4) providing assurances that the plan devel20 oped under paragraph (2) shall meet the needs of ra21 cial, cultural, ethnic, and language minority popu22 lations;

23 ‘‘(5) providing assurances that prosecution, law

24 enforcement, and nonprofit nongovernmental victim

25 services programs in the community to be served by
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1 such plan each receive an equitable percentage of any

2 funds allocated under this part; and

3 ‘‘(6) providing assurances that any Federal

4 funds received under this part shall be used to supple5 ment, not supplant, non-Federal funds that would

6 otherwise be available for activities funded under this

7 part.

8 ‘‘(d) DISBURSEMENT OF FUNDS.—

9 ‘‘(1) IN GENERAL.—Not later than 60 days after

10 the receipt of an application under this part, the Di11 rector shall either disburse the appropriate sums pro12 vided for under this part or shall inform the appli13 cant regarding why the application does not conform

14 to the requirements of this section.

15 ‘‘(2) RESPONSIBILITY OF DIRECTOR.—In dis16 bursing funds under this part, the Director shall issue

17 regulations—

18 ‘‘(A) to distribute funds equitably on a geo19 graphic basis, including nonurban and rural

20 areas of varying geographic size; and

21 ‘‘(B) give priority to areas of varying geo22 graphic size with the greatest showing of need

23 based on the availability of existing domestic vi24 olence and sexual assault programs in the popu25 lation and geographic area to be served in rela-
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1 tion to the availability of such programs in other

2 such populations and geographic areas.

3 ‘‘(e) GRANTEE REPORTING.—(1) Not later than March

4 31 of each year during which funds are received under this

5 part, the grantee shall file a performance report with the

6 Director explaining the activities carried out together with

7 an assessment of the effectiveness of such activities in

8 achieving the purposes of this part.

9 ‘‘(2) The grantee shall arrange for assessments of the

10 grantee’s program from all organizations and government

11 entities that were involved in the design of the grant plan.

12 ‘‘(3) Such assessments must be sent directly to the Di13 rector by the assessing entity.

14 ‘‘(f) SUSPENSION OF FUNDING.—The Director shall

15 suspend funding for an approved application if—

16 ‘‘(1) an applicant fails to submit an annual per17 formance report;

18 ‘‘(2) funds provided under this part are ex19 pended for purposes other than those set forth under

20 this part; or

21 ‘‘(3) grant reports or accompanying assessments

22 demonstrate to the Director that the program is inef23 fective or financially unsound.

24 ‘‘SEC. 1703. GENERAL DEFINITIONS.

25 ‘‘For purposes of this part—
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1 ‘‘(1) the term ‘domestic violence’ means crimes of

2 violence committed against a victim by a current or

3 former spouse of the victim, an individual with whom

4 the victim shares a child in common, an individual

5 who is cohabiting with or has cohabited with the vic6 tim as a spouse, an individual similarly situated to

7 a spouse, or any other individual who is protected

8 under domestic or family violence laws of the jurisdic9 tion that receives a grant under this part;

10 ‘‘(2) the term ‘eligible entity’ means a State,

11 unit of local government, Indian tribe, and a non12 profit, nongovernmental victims services program;

13 ‘‘(3) the term ‘Indian tribe’ means any Indian

14 tribe, band, nation, or other organized group or com15 munity, including any Alaska Native village or re16 gional or village corporation (as defined in, or estab17 lished pursuant to, the Alaska Native Claims Settle18 ment Act (43 U.S.C. 1601, et seq.)), which is recog19 nized as eligible for the special services provided by

20 the United States to Indians because of their status

21 as Indians;

22 ‘‘(4) the term ‘Indian country’ has the meaning

23 given to such term by section 1151 of title 18, United

24 States Code;
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1 ‘‘(5) the term ‘sexual assault’ means any conduct

2 proscribed by chapter 109A of title 18, United States

3 Code, whether or not the conduct occurs in the special

4 maritime and territorial jurisdiction of the United

5 States or in a Federal prison and includes both as6 saults committed by offenders who are strangers to the

7 victim and assaults committed by offenders who are

8 known or related by blood or marriage to the victim;

9 and

10 ‘‘(6) the term ‘victim services program’ means a

11 nongovernmental nonprofit program that assists do12 mestic violence or sexual assault victims, including

13 nongovernmental nonprofit organizations such as

14 rape crisis centers, battered women’s shelters, and

15 other sexual assault and domestic violence programs,

16 including nonprofit nongovernmental organizations

17 assisting domestic violence and sexual assault victims

18 through the legal process.

19 ‘‘SEC. 1704. GENERAL TERMS AND CONDITIONS.

20 ‘‘(a) NONMONETARY ASSISTANCE.—In addition to the

21 assistance provided under section 1702, the Attorney Gen22 eral may request any Federal agency, with or without reim23 bursement, to use its authorities and the resources granted

24 to it under Federal law (including personnel, equipment,

25 supplies, facilities, and managerial, technical, and advisory
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1 services) to support State, tribal, and local assistance efforts

2 under this part.

3 ‘‘(b) BUREAU REPORTING.—Not later than 180 days

4 after the end of each fiscal year for which grants are made

5 under this part, the Director shall submit to the Congress

6 a report that includes, for each State and Indian tribe—

7 ‘‘(1) the amount of grants made under this part;

8 ‘‘(2) a summary of the purposes for which grants

9 were provided and an evaluation of progress; and

10 ‘‘(3) an evaluation of the effectiveness of pro11 grams established with funds under this part.’’.

12 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

13 1001(a) of title I of the Omnibus Crime Control and Safe

14 Streets Act of 1968 (42 U.S.C. 3793), is amended by adding

15 at the end the following:

16 ‘‘(12) There are authorized to be appropriated for each

17 of the fiscal years 1994 and 1995, $200,000,000 to carry

18 out the purposes of part Q, with not less than 8 percent

19 of such appropriation allotted specifically for Indian

20 tribes.’’.

21 (c) ADMINISTRATIVE PROVISIONS.—(1) Section 801(b)

22 of title I of the Omnibus Crime Control and Safe Streets

23 Act of 1968 is amended by striking ‘‘and O’’ and inserting

24 ‘‘O, Q,’’.
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1 (2) Section 802(b) of title I of the Omnibus Crime Con2 trol and Safe Streets Act of 1968 is amended by striking

3 ‘‘or O’’ and inserting ‘‘O, Q,’’.

4 (d) CONFORMING AMENDMENT.—The table of contents

5 of title I of the Omnibus Crime Control and Safe Streets

6 Act of 1968 (42 U.S.C. 3711 et seq.) is amended by striking

7 the matter relating to part Q and inserting the following:

‘‘PART Q—GRANT TO COMBAT VIOLENT CRIMES AGAINST WOMEN

‘‘Sec. 1701. Purpose of the program and grants.

‘‘Sec. 1702. State grants.

‘‘Sec. 1703. General definitions.

‘‘Sec. 1704. General terms and conditions.

‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.

8 SEC. 1603. RAPE EXAM PAYMENTS.

9 (a) RESTRICTION OF FUNDS.—No State is entitled to

10 funds under this title unless the State incurs the full out

11 of pocket cost of forensic medical exams described in sub12 section (b) for victims of sexual assault.

13 (b) MEDICAL COSTS.—A State shall be deemed to

14 incur the full out of pocket cost of forensic medical exams

15 for victims of sexual assault if such State—

16 (1) provides such exams to victims free of charge

17 to the victim;

18 (2) arranges for victims to obtain such exams

19 free of charge to the victims; or

20 (3) reimburses victims for the cost of such exams,

21 if—
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1 (A) the reimbursement covers the full cost of

2 such exams, without any deductible requirement

3 or limit on the amount of a reimbursement;

4 (B) the State permits victims to apply to

5 the State for reimbursement for not less than one

6 year from the date of the exam;

7 (C) the State provides reimbursement not

8 later than 90 days after written notification of

9 the victim’s expense; and

10 (D) the State provides information at the

11 time of the exam to all victims, including vic12 tims with limited or no English proficiency, re13 garding how to obtain reimbursement.

14 SEC. 1604. FILING COSTS FOR CRIMINAL CHARGES.

15 No State is entitled to funds under this title unless

16 the State certifies that their laws, policies, and practices

17 do not require, in connection with the prosecution of any

18 misdemeanor or felony domestic violence offense, that the

19 abused bear the costs associated with the filing of criminal

20 charges against the domestic violence offender, or that the

21 abused bear the costs associated with the issuance or service

22 of a warrant, protection order, or witness subpoena.

23 SEC. 1605. EQUITABLE TREATMENT OF RAPE CASES.

24 No State is entitled to funds under this title unless

25 the State can certify that its laws and policies treat sex
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1 offenses committed by offenders who are known to, cohabi2 tants of, social companions of, or related by blood or mar3 riage to, the victim no less severely than sex offenses com4 mitted by offenders who are strangers to the victim.

5 SEC. 1606. EDUCATION AND PREVENTION GRANTS TO RE6 DUCE SEXUAL ASSAULTS AGAINST WOMEN.

7 (a) IN GENERAL.—Title I of the Omnibus Crime Con8 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

9 as amended by section 1602, is further amended by—

10 (1) redesignating part R as part S;

11 (2) redesignating section 1801 as section 1901;

12 and

13 (3) adding after part Q the following new part:

14 ‘‘PART R—RAPE PREVENTION PROGRAMS

15 ‘‘SEC. 1801. GRANT AUTHORIZATION.

16 ‘‘The Director of the Bureau of Justice Assistance (re17 ferred to in this part as the ‘Director’) is authorized to make

18 grants—

19 ‘‘(1) to provide educational seminars, particu20 larly developed with emphasis on seminars for ele21 mentary and secondary school age children, designed

22 to develop an awareness of what acts meet the legal

23 definition of rape;
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1 ‘‘(2) to provide programs for elementary and sec2 ondary school age children that teach nonviolent con3 flict resolution, self defense, or other relevant skills;

4 ‘‘(3) to operate telephone hotlines for callers with

5 questions regarding sexual assault and rape;

6 ‘‘(4) to design and disseminate training pro7 grams for professionals, including the development

8 and dissemination of protocols for the routine identi9 fication, treatment, and appropriate referral of vic10 tims of sexual assault by hospital emergency person11 nel and other professionals;

12 ‘‘(5) to develop treatment programs for convicted

13 sex offenders and make such programs available to the

14 local community and to Federal and State prisons;

15 ‘‘(6) to prepare and disseminate informational

16 materials designed to educate the community regard17 ing sexual assault and prevention; and

18 ‘‘(7) to develop other projects to increase aware19 ness and prevention of sexual assault, including ef20 forts to increase awareness of sexual assault preven21 tion among racial, ethnic, cultural and language

22 minorities.

23 ‘‘SEC. 1802. APPLICATIONS.

24 ‘‘(a) IN GENERAL.—To be eligible to receive a grant

25 under this part, a duly authorized representative of an eli-
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1 gible entity shall submit an application to the Director in

2 such form and containing such information as the Director

3 may reasonably require.

4 ‘‘(b) ASSURANCES.—Each application must contain

5 an assurance that Federal funds received under this part

6 shall be used to supplement, not supplant, non-Federal

7 funds that would otherwise be available for activities funded

8 under this part.

9 ‘‘(c) REQUIRED PLAN.—Each application shall in10 clude a plan that contains—

11 ‘‘(1) a description of the projects to be developed;

12 ‘‘(2) a description of how funds would be spent;

13 ‘‘(3) a statement of staff qualifications and dem14 onstrated expertise in the field of rape prevention and

15 education; and

16 ‘‘(4) a statement regarding the ability to serve

17 community needs and language minority populations

18 in providing ethnically and culturally and linguis19 tically appropriate programs where necessary.

20 ‘‘SEC. 1803. REPORTS.

21 ‘‘(a) GRANTEE REPORTING.—Upon completion of the

22 grant period under this subpart, each grantee shall file a

23 performance report with the Director explaining the activi24 ties carried out together with an assessment of the effective25 ness of such activities in achieving the purposes of this sub-
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1 part. The Director shall suspend funding for an approved

2 application if an applicant fails to submit an annual per3 formance report.

4 ‘‘(b) BUREAU REPORTING.—Not later than 180 days

5 after the end of each fiscal year for which grants are made

6 under this subpart, the Director shall submit to the Con7 gress a report that includes, for each grantee—

8 ‘‘(1) the amount of grants made under this sub9 part;

10 ‘‘(2) a summary of the purposes for which grants

11 were provided and an evaluation of progress; and

12 ‘‘(3) an evaluation of the effectiveness of pro13 grams established with funds under this part.

14 ‘‘SEC. 1804. DEFINITIONS.

15 ‘‘For purposes of this part—

16 ‘‘(1) the term ‘eligible entity’ means a nonprofit,

17 nongovernmental organization that directly serves or

18 provides advocacy on behalf of victims of rape or sex19 ual assault; and

20 ‘‘(2) the term ‘sexual assault prevention and edu21 cation’ means education and prevention efforts di22 rected at reducing the number of sexual assaults.’’.

23 (b) AUTHORIZATION OF APPROPRIATION.—Section

24 1001(a) of title I of the Omnibus Crime Control and Safe
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1 Streets Act of 1968 (42 U.S.C. 3793), is amended by adding

2 at the end the following:

3 ‘‘(13) There are authorized to be appropriated to carry

4 out the purposes of part R, $60,000,000 for fiscal year 1994,

5 $75,000,000 for fiscal year 1995, and $100,000,000 for fis6 cal year 1996.’’.

7 (c) ADMINISTRATIVE PROVISIONS.—(1) Section 801(b)

8 of title I of the Omnibus Crime Control and Safe Streets

9 Act of 1968, as amended by section 1602 of this Act, is

10 amended by striking ‘‘O, and Q’’ and inserting ‘‘O, Q, and

11 R’’.

12 (2) Section 802(b) of title I of the Omnibus Crime Con13 trol and Safe Streets Act of 1968, as amended by section

14 1602 of this Act, is amended by striking ‘‘O, or Q’’ and

15 inserting ‘‘O, Q, or R’’.

16 (d) CONFORMING AMENDMENT.—The table of contents

17 of title I of the Omnibus Crime Control and Safe Streets

18 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section

19 1602, is amended by striking the matter relating to part

20 R and inserting the following:

‘‘PART R—RAPE PREVENTION PROGRAMS

‘‘Sec. 1801. Grant authorization.

‘‘Sec. 1802. Applications.

‘‘Sec. 1803. Reports.

‘‘Sec. 1804. Definitions.

‘‘PART S—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 1901. Continuation of rules, authorities, and proceedings.’’.
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1 SEC. 1607. NATIONAL INSTITUTE OF JUSTICE TRAINING

2 PROGRAMS.

3 (a) IN GENERAL.—The National Institute of Justice,

4 after consultation with victim advocates and individuals

5 who have expertise in treating sex offenders, shall establish

6 criteria and develop training programs to assist probation

7 and parole officers and other personnel who work with re8 leased sex offenders in the areas of—

9 (1) case management;

10 (2) supervision; and

11 (3) relapse prevention.

12 (b) TRAINING PROGRAMS.—The Director of the Na13 tional Institute of Justice shall attempt, to the extent prac14 ticable, to make training programs developed under sub15 section (a) available in geographically diverse locations

16 throughout the country.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

18 authorized to be appropriated $1,000,000 for each of the

19 fiscal years 1994 and 1995 to carry out the provisions of

20 this section.

21 SEC. 1608. INFORMATION PROGRAMS.

22 The Attorney General shall compile information re23 garding sex offender treatment programs and ensure that

24 information regarding community treatment programs in

25 the community into which a convicted sex offender is re26 leased is made available to each person serving a sentence
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1 of imprisonment in a Federal penal or correctional institu2 tion for a commission of an offense under chapter 109A of

3 title 18 of the United States Code or for the commission

4 of a similar offense, including halfway houses and psy5 chiatric institutions.

6 SEC. 1609. VICTIM COMPENSATION.

7 (a) IN GENERAL.—Chapter 109A of title 18, United

8 States Code, is amended by adding at the end the following

9 new section:

10 ‘‘§ 2247. Mandatory restitution for sex offenses

11 ‘‘(a) IN GENERAL.—Notwithstanding section 3663 of

12 this title, and in addition to any other civil or criminal

13 penalty authorized by law, the court shall order restitution

14 for any offense under this chapter.

15 ‘‘(b) SCOPE AND NATURE OF ORDER.—

16 ‘‘(1) IN GENERAL.—The order of restitution

17 under this section shall direct that—

18 ‘‘(A) the defendant pay to the victim the

19 full amount of the victim’s losses as determined

20 by the court, pursuant to paragraph (3) of this

21 subsection; and

22 ‘‘(B) the United States Attorney enforce the

23 restitution order by all available and reasonable

24 means.
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1 ‘‘(2) DEFINITIONS.—As used in this subsection,

2 the term ‘full amount of the victim’s losses’ includes

3 any costs incurred by the victim for—

4 ‘‘(A) medical services relating to physical,

5 psychiatric, or psychological care;

6 ‘‘(B) physical and occupational therapy or

7 rehabilitation;

8 ‘‘(C) lost income;

9 ‘‘(D) attorneys’ fees, plus any costs incurred

10 in obtaining a civil protection order;

11 ‘‘(E) temporary housing;

12 ‘‘(F) transportation;

13 ‘‘(G) necessary child care;

14 ‘‘(H) language translation services; and

15 ‘‘(I) any other losses suffered by the victim

16 as a proximate result of the offense.

17 ‘‘(3) MANDATORY NATURE OF ORDER.—(A) Res18 titution orders under this section are mandatory. A

19 court may not decline to issue an order under this

20 section because of—

21 ‘‘(i) the economic circumstances of the de22 fendant; or

23 ‘‘(ii) the fact that a victim has, or is enti24 tled to, receive compensation for his or her inju-
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1 ries from the proceeds of insurance or any other

2 source.

3 ‘‘(B) Subparagraph (A) of this paragraph does

4 not apply if—

5 ‘‘(i) the court finds on the record that the

6 economic circumstances of the defendant do not

7 allow for the payment of any amount of a res8 titution order, and do not allow for the payment

9 of any amount of a restitution order in the fore10 seeable future (under any reasonable schedule of

11 payments); and

12 ‘‘(ii) the court enters in its order the

13 amount of the victim’s losses, and provides a

14 nominal restitution award.

15 ‘‘(4) CONSIDERATION OF ECONOMIC CIR16 CUMSTANCES.—

17 ‘‘(A) IN GENERAL.—Notwithstanding para18 graph (3) of this subsection, the court may take

19 into account the economic circumstances of the

20 defendant in determining the manner in which

21 and the schedule according to which the restitu22 tion is to be paid, including—

23 ‘‘(i) the financial resources and other

24 assets of the defendant;
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1 ‘‘(ii) projected earnings, earning ca2 pacity, and other income of the defendant;

3 and

4 ‘‘(iii) any financial obligations of the

5 defendant, including obligations to depend6 ents.

7 ‘‘(B) LUMP-SUM OR PARTIAL PAYMENT.—

8 An order under this section may direct the de9 fendant to make a single lump-sum payment or

10 partial payments at specified intervals. The

11 order shall also provide that the defendant’s

12 restitutionary obligation takes priority over any

13 criminal fine ordered.

14 ‘‘(5) SETOFF.—Any amount paid to a victim

15 under this section shall be set off against any amount

16 later recovered as compensatory damages by the vic17 tim from the defendant in—

18 ‘‘(A) any Federal civil proceeding; and

19 ‘‘(B) any State civil proceeding, to the ex20 tent provided by the law of the State.

21 ‘‘(c) PROOF OF CLAIM.—

22 ‘‘(1) IN GENERAL.—Within 60 days after convic23 tion and, in any event, no later than 10 days prior

24 to sentencing, the United States Attorney (or dele25 gate), after consulting with the victim, shall prepare
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1 and file an affidavit with the court listing the

2 amounts subject to restitution under this section. The

3 affidavit shall be signed by the United States Attor4 ney (or delegate) and the victim. Should the victim

5 object to any of the information included in the affi6 davit, the United States Attorney (or delegate) shall

7 advise the victim that the victim may file a separate

8 affidavit.

9 ‘‘(2) OBJECTIONS.—If, after notifying the de10 fendant of the affidavit, no objection is raised by the

11 defendant, the amounts attested to in the affidavit

12 filed pursuant to paragraph (1) of this subsection

13 shall be entered in the court’s restitution order. If ob14 jection is raised, the court may require the victim or

15 the United States Attorney (or such Attorney’s dele16 gate) to submit further affidavits or other supporting

17 documents, demonstrating the victim’s losses.

18 ‘‘(3) ADDITIONAL DOCUMENTATION AND TESTI19 MONY.—If the court concludes, after reviewing the

20 supporting documentation and considering the de21 fendant’s objections, that there is a substantial reason

22 for doubting the authenticity or veracity of the

23 records submitted, the court may require additional

24 documentation or hear testimony on those questions.

25 The privacy of any records filed, or testimony heard,
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1 pursuant to this section, shall be maintained to the

2 greatest extent possible.

3 ‘‘(4) FINAL DETERMINATION OF LOSSES.—In the

4 event that the victim’s losses are not ascertainable 10

5 days prior to sentencing as provided in subsection

6 (c)(1) of this section, the United States Attorney (or

7 delegate) shall so inform the court, and the court shall

8 set a date for the final determination of the victim’s

9 losses, not to exceed 90 days after sentencing. If the

10 victim subsequently discovers further losses, the victim

11 shall have 60 days after discovery of those losses in

12 which to petition the court for an amended restitution

13 order. Such order may be granted only upon a show14 ing of good cause for the failure to include such losses

15 in the initial claim for restitutionary relief.’’.

16 (b) TABLE OF SECTIONS.—The table of sections at the

17 beginning of chapter 109A of title 18, United States Code,

18 is amended by adding at the end the following:

‘‘2247. Mandatory restitution for sex offenses.’’.

19 SEC. 1610. CAMPUS SEXUAL ASSAULT STUDY.

20 (a) STUDY.—The Attorney General shall provide for

21 a national baseline study to examine the scope of the prob22 lem of campus sexual assaults and the effectiveness of insti23 tutional and legal policies in addressing such crimes and

24 protecting victims. The Attorney General may utilize the

25 Bureau of Justice Statistics, the National Institute of Jus-
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1 tice, and the Office for Victims of Crime in carrying out

2 this section.

3 (b) REPORT.—Based on the study required by sub4 section (a), the Attorney General shall prepare a report in5 cluding an analysis of—

6 (1) the number of reported allegations and esti7 mated number of unreported allegations of campus

8 sexual assaults, and to whom the allegations are re9 ported (including authorities of the educational insti10 tution, sexual assault victim service entities, and local

11 criminal authorities);

12 (2) the number of campus sexual assault allega13 tions reported to authorities of educational institu14 tions which are reported to criminal authorities;

15 (3) the number of campus sexual assault allega16 tions that result in criminal prosecution in compari17 son with the number of noncampus sexual assault al18 legations that result in criminal prosecution;

19 (4) Federal and State laws or regulations per20 taining specifically to campus sexual assaults;

21 (5) the adequacy of policies and practices of edu22 cational institutions in addressing campus sexual as23 saults and protecting victims, including consideration

24 of—
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1 (A) the security measures in effect at edu2 cational institutions, such as utilization of cam3 pus police and security guards, control over ac4 cess to grounds and buildings, supervision of stu5 dent activities and student living arrangements,

6 control over the consumption of alcohol by stu7 dents, lighting, and the availability of escort

8 services;

9 (B) the articulation and communication to

10 students of the institution’s policies concerning

11 sexual assaults;

12 (C) policies and practices that may prevent

13 or discourage the reporting of campus sexual as14 saults to local criminal authorities, or that may

15 otherwise obstruct justice or interfere with the

16 prosecution of perpetrators of campus sexual as17 saults;

18 (D) the nature and availability of victim

19 services for victims of campus sexual assaults;

20 (E) the ability of educational institutions’

21 disciplinary processes to address allegations of

22 sexual assault adequately and fairly;

23 (F) measures that are taken to ensure that

24 victims are free of unwanted contact with alleged

25 assailants, and disciplinary sanctions that are
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1 imposed when a sexual assault is determined to

2 have occurred; and

3 (G) the grounds on which educational insti4 tutions are subject to lawsuits based on campus

5 sexual assaults, the resolution of these cases, and

6 measures that can be taken to avoid the likeli7 hood of lawsuits;

8 (6) an assessment of the policies and practices of

9 educational institutions that are most effective in ad10 dressing campus sexual assaults and protecting vic11 tims, including policies and practices relating to the

12 particular issues described in paragraph (5); and

13 (7) any recommendations the Attorney General

14 may have for reforms to address campus sexual as15 saults and protect victims more effectively, and any

16 other matters that the Attorney General deems rel17 evant to the subject of the study and report required

18 by this section.

19 (c) SUBMISSION OF REPORT.—The report required by

20 subsection (b) shall be submitted to the Committees on Edu21 cation and Labor and the Judiciary of the House of Rep22 resentatives and the Committees on Labor and Human Re23 sources and the Judiciary of the Senate not later than Sep24 tember 1, 1995.
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1 (d) DEFINITION.—For purposes of this subtitle, ‘‘cam2 pus sexual assaults’’ means sexual assaults committed

3 against or by students or employees of institutions of post4 secondary education and occurring at such institutions or

5 during activities connected with such institutions.

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

7 authorized to be appropriated $200,000 to carry out the

8 study required by this section.

9 Subtitle B—Safe Homes for Women

10 SEC. 1621. SHORT TITLE.

11 This subtitle may be cited as the ‘‘Safe Homes for

12 Women Act’’.

13 SEC. 1622. INTERSTATE ENFORCEMENT.

14 (a) IN GENERAL.—Part I of title 18, United States

15 Code, is amended by inserting after chapter 110 the follow16 ing new chapter:

17 ‘‘CHAPTER 110A—DOMESTIC VIOLENCE

‘‘Sec. 2261. Interstate domestic violence.

‘‘Sec. 2262. Violation of protection order.

‘‘Sec. 2263. Pretrial release of defendant.

‘‘Sec. 2264. Restitution.

‘‘Sec. 2265. Full faith and credit given to protection orders.

‘‘Sec. 2266. Definitions for chapter.

18 ‘‘§ 2261. Interstate domestic violence

19 ‘‘(a) Whoever travels across a State line or enters or

20 leaves Indian country with the intent to contact that per21 son’s spouse or intimate partner, and in the course of that

22 contact intentionally commits a crime of violence and there-
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1 by causes bodily injury to such spouse or intimate partner,

2 shall be punished as provided in subsection (b) of this sec3 tion.

4 ‘‘(b) The punishment for a violation of subsection (a)

5 of this section is a fine under this title, or imprisonment—

6 ‘‘(1) for life or any term of years, if the offender

7 murders the victim;

8 ‘‘(2) for not more than 20 years, if the offender

9 causes serious bodily injury to the victim;

10 ‘‘(3) for not more than 10 years, if the offender

11 uses a dangerous weapon during the offense;

12 ‘‘(4) as provided for the applicable conduct

13 under chapter 109A, if the offense constitutes sexual

14 abuse, as described under chapter 109A (without re15 gard to whether the offense was committed in the spe16 cial maritime and territorial jurisdiction of the Unit17 ed States or in a Federal prison); and

18 ‘‘(5) for not more than 5 years, in any other

19 case;

20 or both such fine and imprisonment.

21 ‘‘§ 2262. Violation of protection order

22 ‘‘(a) Whoever travels across a State line or enters or

23 leaves Indian country with the intent to engage in conduct

24 that—
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1 ‘‘(1)(A) violates a protection order, any portion

2 of which involves protection against credible threats of

3 violence, repeated harassment, or bodily injury, to the

4 person or persons for whom the protection order was

5 issued, and—

6 ‘‘(B) violates that portion of such protection

7 order; or

8 ‘‘(2) would violate paragraph (1) of this sub9 section if the conduct occurred in the jurisdiction in

10 which such order was issued;

11 and does engage in such conduct shall be punished as pro12 vided in subsection (b) of this section.

13 ‘‘(b) The punishment for a violation of subsection (a)

14 of this section is a fine under this title, or imprisonment—

15 ‘‘(1) for life or any term of years, if the offender

16 murders the victim;

17 ‘‘(2) for not more than 20 years, if the offender

18 causes serious bodily injury to the victim;

19 ‘‘(3) for not more than 10 years, if the offender

20 uses a dangerous weapon during the offense;

21 ‘‘(4) as provided for the applicable conduct

22 under chapter 109A, if the offense constitutes sexual

23 abuse, as described under chapter 109A (without re24 gard to whether the offense was committed in the spe-
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1 cial maritime and territorial jurisdiction of the Unit2 ed States or in a Federal prison); and

3 ‘‘(5) for not more than 5 years, in any other

4 case;

5 or both such fine and imprisonment.

6 ‘‘§ 2263. Pretrial release of defendant

7 ‘‘In any proceeding pursuant to section 3142 of this

8 title for the purpose of determining whether a defendant

9 charged under this chapter shall be released pending trial,

10 or for the purpose of determining conditions of such release,

11 the alleged victim shall be given an opportunity to be heard

12 regarding the danger posed by the defendant.

13 ‘‘§ 2264. Restitution

14 ‘‘(a) IN GENERAL.—In addition to any fine or term

15 of imprisonment provided under this chapter, and notwith16 standing the terms of section 3663 of this title, the court

17 shall order restitution to the victim of an offense under this

18 chapter.

19 ‘‘(b) SCOPE AND NATURE OF ORDER.—

20 ‘‘(1) IN GENERAL.—The order of restitution

21 under this section shall direct that—

22 ‘‘(A) the defendant pay to the victim the

23 full amount of the victim’s losses as determined

24 by the court, pursuant to paragraph (3) of this

25 subsection; and
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1 ‘‘(B) the United States Attorney enforce the

2 restitution order by all available and reasonable

3 means.

4 ‘‘(2) DEFINITION.—As used in this subsection,

5 the term ‘full amount of the victim’s losses’ includes

6 any costs incurred by the victim for—

7 ‘‘(A) medical services relating to physical,

8 psychiatric, or psychological care;

9 ‘‘(B) physical and occupational therapy or

10 rehabilitation;

11 ‘‘(C) lost income;

12 ‘‘(D) attorneys’ fees, plus any costs incurred

13 in obtaining a civil protection order;

14 ‘‘(E) temporary housing;

15 ‘‘(F) transportation;

16 ‘‘(G) necessary child care;

17 ‘‘(H) language translation services; and

18 ‘‘(I) any other losses suffered by the victim

19 as a proximate result of the offense.

20 ‘‘(3) MANDATORY NATURE OF ORDER.—(A) Res21 titution orders under this section are mandatory. A

22 court may not decline to issue an order under this

23 section because of—

24 ‘‘(i) the economic circumstances of the de25 fendant; or
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1 ‘‘(ii) the fact that a victim has, or is enti2 tled to, receive compensation for his or her inju3 ries from the proceeds of insurance or any other

4 source.

5 ‘‘(B) Subparagraph (A) of this paragraph does

6 not apply if—

7 ‘‘(i) the court finds on the record that the

8 economic circumstances of the defendant do not

9 allow for the payment of any amount of a res10 titution order, and do not allow for the payment

11 of any amount of a restitution order in the fore12 seeable future (under any reasonable schedule of

13 payments); and

14 ‘‘(ii) the court enters in its order the

15 amount of the victim’s losses, and provides a

16 nominal restitution award.

17 ‘‘(4) CONSIDERATION OF ECONOMIC CIR18 CUMSTANCES.—

19 ‘‘(A) IN GENERAL.—Notwithstanding para20 graph (3) of this subsection, the court may take

21 into account the economic circumstances of the

22 defendant in determining the manner in which

23 and the schedule according to which the restitu24 tion is to be paid, including—
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1 ‘‘(i) the financial resources and other

2 assets of the defendant;

3 ‘‘(ii) projected earnings, earning ca4 pacity, and other income of the defendant;

5 and

6 ‘‘(iii) any financial obligations of the

7 offender, including obligations to depend8 ents.

9 ‘‘(B) LUMP-SUM OR PARTIAL PAYMENT.—

10 An order under this section may direct the de11 fendant to make a single lump-sum payment, or

12 partial payments at specified intervals. The

13 order shall provide that the defendant’s

14 restitutionary obligation takes priority over any

15 criminal fine ordered.

16 ‘‘(5) SETOFF.—Any amount paid to a victim

17 under this section shall be setoff against any amount

18 later recovered as compensatory damages by the vic19 tim from the defendant in—

20 ‘‘(A) any Federal civil proceeding; and

21 ‘‘(B) any State civil proceeding, to the ex22 tent provided by the law of the State.

23 ‘‘(c) PROOF OF CLAIM.—

24 ‘‘(1) IN GENERAL.—Within 60 days after convic25 tion and, in any event, no later than 10 days before
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1 sentencing, the United States Attorney (or such Attor2 ney’s delegate), after consulting with the victim, shall

3 prepare and file an affidavit with the court listing

4 the amounts subject to restitution under this section.

5 The affidavit shall be signed by the United States At6 torney (or the delegate) and the victim. Should the

7 victim object to any of the information included in

8 the affidavit, the United States Attorney (or the dele9 gate) shall advise the victim that the victim may file

10 a separate affidavit and assist the victim in the prep11 aration of that affidavit.

12 ‘‘(2) OBJECTIONS.—If, after notifying the de13 fendant of the affidavit, no objection is raised by the

14 defendant, the amounts attested to in the affidavit

15 filed pursuant to paragraph (1) of this subsection

16 shall be entered in the court’s restitution order. If ob17 jection is raised, the court may require the victim or

18 the United States Attorney (or such Attorney’s dele19 gate) to submit further affidavits or other supporting

20 documents, demonstrating the victim’s losses.

21 ‘‘(3) ADDITIONAL DOCUMENTATION OR TESTI22 MONY.—If the court concludes, after reviewing the

23 supporting documentation and considering the de24 fendant’s objections, that there is a substantial reason

25 for doubting the authenticity or veracity of the
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1 records submitted, the court may require additional

2 documentation or hear testimony on those questions.

3 The privacy of any records filed, or testimony heard,

4 pursuant to this section, shall be maintained to the

5 greatest extent possible.

6 ‘‘(4) FINAL DETERMINATION OF LOSSES.—In the

7 event that the victim’s losses are not ascertainable 10

8 days before sentencing as provided in paragraph (1)

9 of this subsection, the United States Attorney (or such

10 Attorney’s delegate) shall so inform the court, and the

11 court shall set a date for the final determination of

12 the victim’s losses, not to exceed 90 days after sentenc13 ing. If the victim subsequently discovers further losses,

14 the victim shall have 90 days after discovery of those

15 losses in which to petition the court for an amended

16 restitution order. Such order may be granted only

17 upon a showing of good cause for the failure to in18 clude such losses in the initial claim for

19 restitutionary relief.

20 ‘‘(d) RESTITUTION AND CRIMINAL PENALTIES.—An

21 award of restitution to the victim of an offense under this

22 chapter is not a substitute for imposition of punishment

23 under this chapter.
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1 ‘‘§ 2265. Full faith and credit given to protection or2 ders

3 ‘‘(a) FULL FAITH AND CREDIT.—Any protection order

4 issued that is consistent with subsection (b) of this section

5 by the court of one State or Indian tribe (the issuing State

6 or Indian tribe) shall be accorded full faith and credit by

7 the court of another State or Indian tribe (the enforcing

8 State or Indian tribe) and enforced as if it were the order

9 of the enforcing State or tribe.

10 ‘‘(b) PROTECTION ORDER.—A protection order issued

11 by a State or tribal court is consistent with this subsection

12 if—

13 ‘‘(1) such court has jurisdiction over the parties

14 and matter under the law of such State or Indian

15 tribe; and

16 ‘‘(2) reasonable notice and opportunity to be

17 heard is given to the person against whom the order

18 is sought sufficient to protect that person’s right to

19 due process. In the case of ex parte orders, notice and

20 opportunity to be heard must be provided within the

21 time required by State or tribal law, and in any

22 event within a reasonable time after the order is

23 issued, sufficient to protect the respondent’s due

24 process rights.

25 ‘‘(c) CROSS OR COUNTER PETITION.—A protection

26 order issued by a State or tribal court against one who has
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1 petitioned, filed a complaint, or otherwise filed a written

2 pleading for protection against abuse by a spouse or inti3 mate partner is not entitled to full faith and credit if—

4 ‘‘(1) no cross or counter petition, complaint, or

5 other written pleading was filed seeking such a pro6 tection order; or

7 ‘‘(2) a cross or counter petition has been filed

8 and the court did not make specific findings that each

9 party was entitled to such an order.

10 ‘‘§ 2266. Definitions for chapter

11 ‘‘As used in this chapter—

12 ‘‘(1) the term ‘spouse or intimate partner’ in13 cludes—

14 ‘‘(A) a spouse, a former spouse, a person

15 who shares a child in common with the abuser,

16 a person who cohabits or has cohabited with the

17 abuser as a spouse, and any other person simi18 larly situated to a spouse; and

19 ‘‘(B) any other person, other than a minor

20 child, who is protected by the domestic or family

21 violence laws of the State in which the injury oc22 curred or where the victim resides;

23 ‘‘(2) the term ‘protection order’ includes any in24 junction or other order issued for the purpose of pre25 venting violent or threatening acts by one spouse
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1 against his or her spouse, former spouse, or intimate

2 partner, including temporary and final orders issued

3 by civil and criminal courts (other than support or

4 child custody orders) whether obtained by filing an

5 independent action or as a pendente lite order in an6 other proceeding so long as any civil order was issued

7 in response to a complaint, petition or motion filed

8 by or on behalf of an abused spouse or intimate part9 ner;

10 ‘‘(3) the term ‘State’ includes a State of the

11 United States, the District of Columbia, a common12 wealth, territory, or possession of the United States;

13 ‘‘(4) the term ‘travel across State lines’ does not

14 include travel across State lines by an individual who

15 is a member of an Indian tribe when such individual

16 remains at all times in the territory of the Indian

17 tribe of which the individual is a member;

18 ‘‘(5) the term ‘bodily harm’ means any act, ex19 cept one done in self-defense, that results in physical

20 injury or sexual abuse; and

21 ‘‘(6) the term ‘Indian country’ has the meaning

22 given to such term by section 1151 of this title.’’.

23 (b) TABLE OF CHAPTERS.—The table of chapters at

24 the beginning of part I of title 18, United States Code, is
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1 amended by inserting after the item for chapter 110 the fol2 lowing new item:

‘‘110A. Domestic violence ...................................................................... 2261.’’.

3 SEC. 1623. ENCOURAGING ARREST POLICIES.

4 (a) IN GENERAL.—Title I of the Omnibus Crime Con5 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

6 as amended by section 1606, is further amended by—

7 (1) redesignating part S as part T;

8 (2) redesignating section 1901 as section 2001;

9 and

10 (3) adding after part R the following new part:

11 ‘‘PART S—GRANTS TO ENCOURAGE ARREST

12 POLICIES

13 ‘‘SEC. 1901. ARREST POLICIES.

14 ‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of

15 this part is to encourage States, Indian tribes, and units

16 of local government to treat domestic violence as a serious

17 violation of criminal law. The Director of the Bureau of

18 Justice Assistance may make grants to eligible States, In19 dian tribes, or units of local government for the following:

20 ‘‘(1) To implement mandatory arrest or

21 proarrest programs, including mandatory arrest pro22 grams for protective order violations.

23 ‘‘(2) To develop policies, and training in police

24 departments to improve tracking of cases involving

25 domestic violence.
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1 ‘‘(3) To centralize and coordinate police enforce2 ment, prosecution, or judicial responsibility for do3 mestic violence cases in groups or units of police offi4 cers, prosecutors, or judges.

5 ‘‘(4) To strengthen legal advocacy service pro6 grams for victims of domestic violence.

7 ‘‘(5) To educate judges in criminal and other

8 courts about domestic violence and to improve judi9 cial handling of such cases.

10 ‘‘(b) ELIGIBILITY.—Eligible grantees are States, In11 dian tribes, or units of local government that—

12 ‘‘(1) certify that their laws or official policies—

13 ‘‘(A)(i) encourage or mandate arrest of do14 mestic violence offenders based on probable cause

15 that violence has been committed; or

16 ‘‘(ii) certify that all their law enforcement

17 personnel have received domestic violence train18 ing conducted by a State Domestic Violence Coa19 lition as defined in section 10410(b) of title 42,

20 United States Code; and

21 ‘‘(B) mandate arrest of domestic violence of22 fenders who violate the terms of a valid and out23 standing protection order;
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1 ‘‘(2) demonstrate that their laws, policies, or

2 practices, and training programs discourage dual ar3 rests of offender and victim;

4 ‘‘(3) certify that their laws, policies, and prac5 tices prohibit issuance of mutual restraining orders of

6 protection except in cases where both spouses file a

7 claim and the court makes detailed finding of fact in8 dicating that both spouses acted primarily as aggres9 sors and that neither spouse acted primarily in self10 defense;

11 ‘‘(4) certify that their laws, policies, and prac12 tices do not require, in connection with the prosecu13 tion of any misdemeanor or felony domestic violence

14 offense, that the abused bear the costs associated with

15 the filing of criminal charges or the service of such

16 charges on an abuser, or that the abused bear the costs

17 associated with the issuance or service of a warrant,

18 protection order, or witness subpoena; and

19 ‘‘(5) certify that their laws and policies treat sex

20 offenses committed by offenders who are known to, co21 habitants of, or social companions of or related by

22 blood or marriage to, the victim no less severely than

23 sex offenses committed by offenders who are strangers

24 to the victim.
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1 ‘‘SEC. 1902. APPLICATIONS.

2 ‘‘(a) APPLICATION.—An eligible grantee shall submit

3 an application to the Director that shall—

4 ‘‘(1) describe plans to implement policies de5 scribed in subsection (b);

6 ‘‘(2) identify the agency or office or groups of

7 agencies or offices responsible for carrying out the

8 program; and

9 ‘‘(3) include documentation from nonprofit, pri10 vate sexual assault and domestic violence programs

11 demonstrating their participation in developing the

12 application, and identifying such programs in which

13 such groups will be consulted for development and im14 plementation.

15 ‘‘(b) PRIORITY.—In awarding grants under this part,

16 the Director shall give priority to an applicant that—

17 ‘‘(1) does not currently provide for centralized

18 handling of cases involving domestic violence by pol19 icy, prosecutors, and courts; and

20 ‘‘(2) demonstrates a commitment to strong en21 forcement of laws, and prosecution of cases, involving

22 domestic violence.

23 ‘‘SEC. 1903. REPORTS.

24 ‘‘Each grantee receiving funds under this part shall

25 submit a report to the Director evaluating the effectiveness

26 of projects developed with funds provided under this part
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1 and containing such additional information as the

2 Director may prescribe.

3 ‘‘SEC. 1904. DEFINITIONS.

4 ‘‘For purposes of this part—

5 ‘‘(1) the term ‘domestic violence’ means a crime

6 of violence against a victim committed by a current

7 or former spouse of the victim, an individual with

8 whom the victim shares a child in common, an indi9 vidual who cohabits with or has cohabited with the

10 victim as a spouse, or any other individual similarly

11 situated to a spouse, or any other person who is pro12 tected under the domestic or family violence laws of

13 the eligible State, Indian tribe, municipality, or local

14 government entity; and

15 ‘‘(2) the term ‘protection order’ includes any in16 junction issued for the purpose of preventing violent

17 or threatening acts of domestic violence including

18 temporary and final orders issued by civil and crimi19 nal courts (other than support or child custody provi20 sions) whether obtained by filing an independent ac21 tion or as a pendente lite order in another proceed22 ing.’’.

23 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

24 1001(a) of title I of the Omnibus Crime Control and Safe
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1 Streets Act of 1968 (42 U.S.C. 3793), is amended by adding

2 at the end the following:

3 ‘‘(14) There are authorized to be appropriated

4 $25,000,000 for each of the fiscal years 1994, 1995, and

5 1996 to carry out the purposes of part S.’’.

6 (c) ADMINISTRATIVE PROVISIONS.—(1) Section 801(b)

7 of title I of the Omnibus Crime Control and Safe Streets

8 Act of 1968, as amended by section 1606 of this Act, is

9 amended by striking ‘‘O, Q, and R’’ and inserting ‘‘O, Q,

10 R, and S’’.

11 (2) Section 802(b) of title I of the Omnibus Crime Con12 trol and Safe Streets Act of 1968, as amended by section

13 1606 of this Act, is amended by striking ‘‘O, Q, or R’’ and

14 inserting ‘‘O, Q, R, or S’’.

15 (d) EFFECTIVE DATE.—The eligibility requirements

16 provided in this section shall take effect 1 year after the

17 date of enactment of this subtitle.

18 (e) CONFORMING AMENDMENT.—The table of contents

19 of title I of the Omnibus Crime Control and Safe Streets

20 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section

21 1606, is further amended by striking the matter relating

22 to part S and inserting the following:

‘‘PART S—GRANTS TO ENCOURAGE ARREST POLICIES

‘‘Sec. 1901. Arrest policies.

‘‘Sec. 1902. Applications.

‘‘Sec. 1903. Reports.

‘‘Sec. 1904. Definitions.
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‘‘PART T—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2001. Continuation of rules, authorities, and proceedings.’’.

1 Subtitle C—Domestic Violence

2 SEC. 1624. FINDINGS.

3 The Congress finds that—

4 (1) domestic violence is the leading cause of in5 jury to women in the United States between the ages

6 of 15 and 44;

7 (2) firearms are used by the abuser in 7 percent

8 of domestic violence incidents and produces an ad9 verse effect on interstate commerce; and

10 (3) individuals with a history of domestic abuse

11 should not have easy access to firearms.

12 SEC. 1625. PROHIBITION AGAINST DISPOSAL OF FIREARMS

13 TO, OR RECEIPT OF FIREARMS BY, PERSONS

14 WHO HAVE COMMITTED DOMESTIC ABUSE.

15 (a) INTIMATE PARTNER DEFINED.—Section 921(a) of

16 title 18, United States Code, is amended by inserting at

17 the end the following:

18 ‘‘(30) The term ‘intimate partner’ means, with respect

19 to a person, the spouse of the person, a former spouse of

20 the person, an individual who is a parent of a child of the

21 person, and an individual who cohabitates or has cohabited

22 with the person.’’.

23 (b) PROHIBITION AGAINST DISPOSAL OF FIREARMS.—

24 Section 922(d) of such title is amended—
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1 (1) by striking ‘‘or’’ at the end of paragraph (6);

2 (2) by striking the period at the end of para3 graph (7) and inserting ‘‘; or’’; and

4 (3) by inserting after paragraph (7) the follow5 ing:

6 ‘‘(8) is subject to a court order that restrains

7 such person from harassing, stalking, or threatening

8 an intimate partner of such person, or engaging in

9 other conduct that would place an intimate partner

10 in reasonable fear of bodily injury, except that this

11 paragraph shall only apply to a court order that (A)

12 was issued after a hearing of which such person re13 ceived actual notice, and at which such person had

14 the opportunity to participate, and (B) includes a

15 finding that such person represents a credible threat

16 to the physical safety of such intimate partner.’’.

17 (c) PROHIBITION AGAINST RECEIPT OF FIREARMS.—

18 Section 922(g) of such title is amended—

19 (1) by striking ‘‘or’’ at the end of paragraph (6);

20 (2) by inserting ‘‘or’’ at the end of paragraph

21 (7); and

22 (3) by inserting after paragraph (7) the follow23 ing:

24 ‘‘(8) who is subject to a court order that—
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1 ‘‘(A) was issued after a hearing of which

2 such person received actual or constructive no3 tice, and at which such person had an oppor4 tunity to participate;

5 ‘‘(B) restrains such person from harassing,

6 stalking, or threatening an intimate partner of

7 such person, or engaging in other conduct that

8 would place an intimate partner in reasonable

9 fear of bodily injury; and

10 ‘‘(C) includes a finding that such person

11 represents a credible threat to the physical

12 safety of such intimate partner;’’.

13 (d) STORAGE OF FIREARMS.—Section 926(a) of such

14 title is amended—

15 (1) by striking ‘‘and’’ at the end of paragraph

16 (1);

17 (2) by striking the period at the end of para18 graph (2) and inserting ‘‘; and’’; and

19 (3) by inserting after paragraph (2) the follow20 ing:

21 ‘‘(3) regulations providing for effective receipt

22 and secure storage of firearms relinquished by or

23 seized from persons described in subsection (d)(8) or

24 (g)(8) of section 922.’’.
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1 (e) RETURN OF FIREARMS.—Section 924(d)(1) of such

2 title is amended by striking ‘‘the seized’’ and inserting ‘‘or

3 lapse of or court termination of the restraining order to

4 which he is subject, the seized or relinquished’’.

5 SEC. 1626. ALIEN SPOUSE PETITIONING RIGHTS FOR IMME6 DIATE RELATIVE OR SECOND PREFERENCE

7 STATUS.

8 (a) IN GENERAL.—Section 204(a)(1) of the Immigra9 tion and Nationality Act (8 U.S.C. 1154(a)(1)) is amend10 ed—

11 (1) in subparagraph (A)—

12 (A) by inserting ‘‘(i)’’ after ‘‘(A)’’,

13 (B) by redesignating the second sentence as

14 clause (ii), and

15 (C) by adding at the end the following new

16 clause:

17 ‘‘(iii) An alien who is the spouse of a citizen of the

18 United States, who is eligible to be classified as an imme19 diate relative under section 201(b)(2)(A)(i), and who has

20 resided in the United States with the alien’s spouse may

21 file a petition with the Attorney General under this sub22 paragraph for classification of the alien (and children of

23 the alien) under such section if the alien demonstrates to

24 the Attorney General that—
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1 ‘‘(I) the alien is residing in the United States,

2 the marriage between the alien and the spouse was

3 entered into in good faith by the alien, and during

4 the marriage the alien or a child of the alien has been

5 battered by or has been the subject of extreme cruelty

6 perpetrated by the alien’s spouse, or

7 ‘‘(II) the alien is residing in the United States

8 with the alien’s spouse, the alien has been married to

9 and residing with the spouse for a period of not less

10 than 3 years, and the alien’s spouse has failed to file

11 a petition under clause (i) on behalf of the alien.’’;

12 and

13 (2) in subparagraph (B)—

14 (A) by inserting ‘‘(i)’’ after ‘‘(B)’’, and

15 (B) by adding at the end the following new

16 clause:

17 ‘‘(ii) An alien who is the spouse of an alien lawfully

18 admitted for permanent residence, who is eligible for classi19 fication under section 203(a)(2)(A), and who has resided

20 in the United States with the alien’s legal permanent resi21 dent spouse may file a petition with the Attorney General

22 under this subparagraph for classification of the alien (and

23 children of the alien) under such section if the alien dem24 onstrates to the Attorney General that the conditions de-
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1 scribed in subclause (I) or (II) of subparagraph (A)(iii) are

2 met with respect to the alien.’’.

3 (b) CONFORMING AMENDMENTS.—(1) Section

4 204(a)(2) of such Act (8 U.S.C. 1154(a)(2)) is amended—

5 (A) in subparagraph (A), by striking ‘‘filed by

6 an alien who,’’ and inserting ‘‘for the classification of

7 the spouse of an alien if the alien,’’, and

8 (B) in subparagraph (B), by striking ‘‘by an

9 alien whose prior marriage’’ and inserting ‘‘for the

10 classification of the spouse of an alien if the prior

11 marriage of the alien’’.

12 (2) Section 201(b)(2)(A)(i) of such Act (8 U.S.C.

13 1151(b)(2)(A)(i)) is amended by striking ‘‘204(a)(1)(A)’’

14 and inserting ‘‘204(a)(1)(A)(ii)’’.

15 (c) SURVIVAL RIGHTS TO PETITION.— Section 204 of

16 the Immigration and Nationality Act (8 U.S.C. 1154) is

17 amended by adding at the end the following new subsection:

18 ‘‘(h) The legal termination of a marriage may not be

19 the basis for revocation under section 205 of a petition filed

20 under subsection (a)(1)(A)(iii)(I) or a petition filed under

21 subsection (a)(1)(B)(ii) pursuant to conditions described in

22 subsection (a)(1)(A)(iii)(I).’’.

23 (d) EFFECTIVE DATE.—The amendments made by this

24 section shall take effect January 1, 1994.
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1 SEC. 1627. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIV2 ER APPLICATIONS.

3 (a) IN GENERAL.—Section 216(c)(4) of the Immigra4 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend5 ed by inserting after the second sentence the following: ‘‘In

6 acting on applications under this paragraph, the Attorney

7 General shall consider any credible evidence submitted in

8 support of the application (whether or not the evidence is

9 supported by an evaluation of a licensed mental health pro10 fessional). The determination of what evidence is credible

11 and the weight to be given that evidence shall be within

12 the sole discretion of the Attorney General.’’.

13 (b) EFFECTIVE DATE.—The amendment made by sub14 section (a) shall take effect on the date of the enactment

15 of this Act and shall apply to applications made before,

16 on, or after such date.

17 SEC. 1628. SUSPENSION OF DEPORTATION.

18 Section 244(a) of the Immigration and Nationality

19 Act (8 U.S.C. 1254(a)) is amended—

20 (1) at the end of paragraph (1) by striking ‘‘or’’;

21 (2) at the end of paragraph (2) by striking the

22 period and inserting ‘‘; or’’; and

23 (3) by inserting after paragraph (2) the follow24 ing:

25 ‘‘(3) is deportable under any law of the United

26 States except section 241(a)(1)(G) and the provisions
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1 specified in paragraph (2); is physically present in

2 the United States; has been battered or subjected to

3 extreme cruelty in the United States by a spouse or

4 parent who is a United States citizen or lawful per5 manent resident; and proves that during all of such

6 time in the United States the alien was and is a per7 son of good moral character; and is a person whose

8 deportation would, in the opinion of the Attorney

9 General, result in extreme hardship to the alien or the

10 alien’s parent or child.’’.

11 Subtitle D—Miscellaneous

12 Provisions

13 SEC. 1641. REPORT ON CONFIDENTIALITY OF ADDRESSES

14 FOR VICTIMS OF DOMESTIC VIOLENCE.

15 (a) REPORT.—The Attorney General shall conduct a

16 study of the means by which abusive spouses may obtain

17 information concerning the addresses or locations of es18 tranged or former spouses, notwithstanding the desire of the

19 victims to have such information withheld to avoid further

20 exposure to abuse. Based on the study, the Attorney General

21 shall transmit a report to Congress including—

22 (1) the findings of the study concerning the

23 means by which information concerning the addresses

24 or locations of abused spouses may be obtained by

25 abusers; and
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1 (2) analysis of the feasibility of creating effective

2 means of protecting the confidentiality of information

3 concerning the addresses and locations of abused

4 spouses to protect such persons from exposure to fur5 ther abuse while preserving access to such information

6 for legitimate purposes.

7 (b) USE OF COMPONENTS.—The Attorney General

8 may use the National Institute of Justice and the Office

9 for Victims of Crime in carrying out this section.

10 SEC. 1642. REPORT ON RECORDKEEPING RELATING TO DO11 MESTIC VIOLENCE.

12 Not later than 1 year after the date of enactment of

13 this Act, the Attorney General shall complete a study of,

14 and shall submit to Congress a report and recommendations

15 on, problems of recordkeeping of criminal complaints in16 volving domestic violence. The study and report shall exam17 ine—

18 (1) the efforts that have been made by the De19 partment of Justice, including the Federal Bureau of

20 Investigation, to collect statistics on domestic violence;

21 and

22 (2) the feasibility of requiring that the relation23 ship between an offender and victim be reported in

24 Federal records of crimes of aggravated assault, rape,

25 and other violent crimes.
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1 SEC. 1643. ESTABLISHMENT OF TASK FORCE.

2 Not later than 30 days after the date of enactment of

3 this Act, the Attorney General shall establish a task force

4 to be known as the Attorney General’s Task Force on Vio5 lence Against Women (referred to in this subtitle as the

6 ‘‘Task Force’’).

7 SEC. 1644. GENERAL PURPOSES OF TASK FORCE.

8 (a) GENERAL PURPOSE OF THE TASK FORCE.—The

9 Task Force shall review Federal, State, and local strategies

10 for preventing and punishing violent crimes against

11 women, including the enhancement and protection of the

12 rights of the victims of such crimes, and make recommenda13 tions to improve the response to such crimes.

14 (b) FUNCTIONS.—The Task Force shall perform such

15 functions as the Attorney General deems appropriate to

16 carry out the purposes of the Task Force, including—

17 (1) evaluating the adequacy of, and making rec18 ommendations regarding, current law enforcement ef19 forts at the Federal and State levels to reduce the rate

20 of violent crimes against women;

21 (2) evaluating the adequacy of, and making rec22 ommendations regarding, the responsiveness of State

23 prosecutors and State courts to violent crimes against

24 women;

25 (3) evaluating the adequacy of State and Federal

26 rules of evidence, practice, and procedure to ensure
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1 the effective prosecution and conviction of violent of2 fenders against women and to protect victims from

3 abuse in legal proceedings, making recommendations,

4 where necessary, to improve those rules;

5 (4) evaluating the adequacy of pretrial release,

6 sentencing, incarceration, and post-conviction release

7 for crimes that predominantly affect women, such as

8 rape and domestic violence;

9 (5) evaluating the adequacy of, and making rec10 ommendations regarding, the adequacy of State and

11 Federal laws on sexual assault and the need for a

12 more uniform statutory response to sex offenses, in13 cluding sexual assaults and other sex offenses commit14 ted by offenders who are known or related by blood

15 or marriage to the victim;

16 (6) evaluating the adequacy of, and making rec17 ommendations regarding, the adequacy of State and

18 Federal laws on domestic violence and the need for a

19 more uniform statutory response to domestic

20 violence;

21 (7) evaluating the adequacy of, and making rec22 ommendations regarding, the adequacy of current

23 education, prevention, and protection services for

24 women victims of violent crimes;
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1 (8) assessing the issuance, formulation, and en2 forcement of protective orders, whether or not related

3 to a criminal proceeding, and making recommenda4 tions for their more effective use in domestic violence

5 and stalking cases;

6 (9) assessing the problem of stalking and persist7 ent menacing and recommending an effective Federal

8 response to the problem;

9 (10) evaluating the adequacy of, and making rec10 ommendations regarding, the national public aware11 ness and the public dissemination of information es12 sential to the prevention of violent crimes against

13 women;

14 (11) evaluating the treatment of women as vic15 tims of violent crime in the State and Federal crimi16 nal justice system, and making recommendations to

17 improve such treatment; and

18 (12) assessing the problem of sexual exploitation

19 of women and youths through prostitution and in the

20 production of pornography, and recommending effec21 tive means of response to the problem.

22 SEC. 1645. MEMBERSHIP.

23 (a) CHAIR; NUMBER AND APPOINTMENT.—The Task

24 Force shall be chaired by the Attorney General (or designee).

25 Not later than 60 days after the date of the enactment of
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1 this Act, after consultation with the Secretary of Health and

2 Human Services, the Secretary of Education, and the Sec3 retary of Housing and Urban Development, the Attorney

4 General shall select up to 14 other members to serve on the

5 Task Force.

6 (b) PARTICIPATION.—The Attorney General (or des7 ignee) shall select, without regard to political affiliation,

8 members who are specially qualified to serve on the Task

9 Force based on their involvement in efforts to combat vio10 lence against women, assistance or service to victims of such

11 violence, or other pertinent experience or expertise. The At12 torney General shall ensure that the Task Force includes

13 a broad base of participation by including members with

14 backgrounds in such areas as law enforcement, victim serv15 ices and advocacy, legal defense and prosecution, judicial

16 administration, medical services, and counseling.

17 (c) VACANCIES.—The Attorney General may fill any

18 vacancy that occurs on the Task Force.

19 SEC. 1646. TASK FORCE OPERATIONS.

20 (a) MEETINGS.—The Task Force shall hold its first

21 meeting on a date specified by the Attorney General (or des22 ignee), but shall not be later than 60 days after the date

23 of the enactment of this Act. After the initial meeting, the

24 Task Force shall meet at the call of the Attorney General

25 (or designee), but shall meet at least 6 times.
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1 (b) PAY.—Members of the Task Force who are officers

2 or employees or elected officials of a government entity shall

3 receive no additional compensation by reason of their serv4 ice on the Task Force.

5 (c) PER DIEM.—Except as provided in subsection (b),

6 members of the Task Force shall be allowed travel and other

7 expenses including per diem in lieu of subsistence, at rates

8 authorized for employees of agencies under sections 5702

9 and 5703 of title 5, United States Code.

10 SEC. 1647. REPORTS.

11 (a) IN GENERAL.—Not later than 1 year after the date

12 on which the Task Force is fully constituted under section

13 1645, the Task Force shall prepare and submit a final re14 port to the President and to congressional committees that

15 have jurisdiction over legislation addressing violent crimes

16 against women, including the crimes of

17 domestic and sexual assault.

18 (b) CONTENTS.—The final report submitted under

19 paragraph (1) shall contain a detailed statement of the ac20 tivities of the Task Force and of the findings and conclu21 sions of the Task Force, including such recommendations

22 for legislation and administrative action as the Task Force

23 considers appropriate.

24 SEC. 1648. EXECUTIVE DIRECTOR AND STAFF.

25 (a) EXECUTIVE DIRECTOR.—
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1 (1) APPOINTMENT.—The Task Force shall have

2 an Executive Director who shall be appointed by the

3 Attorney General (or designee), with the approval of

4 the Task Force.

5 (2) COMPENSATION.—The Executive Director

6 shall be compensated at a rate not to exceed the maxi7 mum rate of the basic pay payable for a position

8 above GS–15 of the General Schedule contained in

9 title 5, United States Code.

10 (b) STAFF.—With the approval of the Task Force, the

11 Executive Director may appoint and fix the compensation

12 of such additional personnel as the Executive Director con13 siders necessary to carry out the duties of the Task Force.

14 (c) APPLICABILITY OF CIVIL SERVICE LAWS.—The Ex15 ecutive Director and the additional personnel of the Task

16 Force appointed under subsection (b) may be appointed

17 without regard to the provisions of title 5, United States

18 Code, governing appointments in the competitive service,

19 and may be paid without regard to the provisions of chapter

20 51 and subchapter III of chapter 53 of such title relating

21 to classification and General Schedule pay rates.

22 (d) CONSULTANTS.—Subject to such rules as may be

23 prescribed by the Task Force, the Executive Director may

24 procure temporary or intermittent services under section
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1 3109(b) of title 5, United States Code, at rates for individ2 uals not to exceed $200 per day.

3 SEC. 1649. POWERS OF TASK FORCE.

4 (a) HEARINGS.—For the purposes of carrying out this

5 subtitle, the Task Force may conduct such hearings, sit and

6 act at such times and places, take such testimony, and re7 ceive such evidence, as the Task Force considers appro8 priate. The Task Force may administer oaths for testimony

9 before the Task Force.

10 (b) DELEGATION.—Any member or employee of the

11 Task Force may, if authorized by the Task Force, take any

12 action that the Task Force is authorized to take under this

13 subtitle.

14 (c) ACCESS TO INFORMATION.—The Task Force may

15 request directly from any executive department or agency

16 such information as may be necessary to enable the Task

17 Force to carry out this subtitle, on the request of the

18 Attorney General (or designee).

19 (d) MAILS.—The Task Force may use the United

20 States mails in the same manner and under the same condi21 tions as other departments and agencies of the United

22 States.

23 SEC. 1650. AUTHORIZATION OF APPROPRIATIONS.

24 There is authorized to be appropriated to carry out

25 this subtitle $500,000 for fiscal year 1994.
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1 SEC. 1651. TERMINATION.

2 The Task Force shall cease to exist 30 days after the

3 date on which its final report is submitted under section

4 1647.

5 SEC. 1652. PAYMENT OF COST OF STD TESTING FOR VIC6 TIMS IN SEX OFFENSE CASES.

7 Section 503(c)(7) of the Victims’ Rights and Restitu8 tion Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by

9 adding at the end the following: ‘‘The Attorney General

10 shall authorize the Director of the Office of Victims of Crime

11 to provide for the payment of the cost of up to two tests

12 of the victim for sexually transmitted diseases, including,

13 but not limited to gonorrhea, herpes, chlamydia, syphilis,

14 and HIV, during the 12 months following sexual assaults

15 that pose a risk of transmission, and the cost of a counseling

16 session by a medically trained professional on the accuracy

17 of such tests and the risk of transmission of sexually trans18 mitted diseases to the victim as the result of the assault.’’.

19 SEC. 1653. NATIONAL DOMESTIC VIOLENCE HOTLINE

20 GRANT.

21 (a) FINDINGS.—Congress finds that—

22 (1) 4,000,000 women are battered by their part23 ners each year, of which 4,000 die as a result of such

24 abuse;
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1 (2) victims of domestic violence need access to re2 sources which will refer such victims and their chil3 dren to safe homes and shelters; and

4 (3) there is a need for a national domestic vio5 lence hotline to provide information and assistance to

6 victims of domestic violence because a privately fund7 ed national domestic violence hotline which handled

8 more than 65,000 crisis calls annually no longer

9 exists.

10 (b) IN GENERAL.—The Attorney General, through the

11 Bureau of Justice Assistance, shall provide a grant to a

12 nonprofit private organization to establish and operate a

13 national, toll-free telephone hotline to provide information

14 and assistance to victims of domestic violence. A grant pro15 vided under this subsection may extend over a period of

16 not more than 3 fiscal years and the provision of payments

17 under such grant shall be subject to annual approval by

18 the Attorney General and subject to the availability of

19 appropriations for the fiscal year involved to make the

20 payments.

21 (c) APPLICATION.—

22 (1) IN GENERAL.—The Attorney General may

23 not provide a grant under subsection (b) unless an

24 application that meets the requirements of paragraph
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1 (2) has been approved by the Attorney

2 General.

3 (2) REQUIREMENTS.—An application meets the

4 requirements of this paragraph if the application—

5 (A) contains such agreements, assurances,

6 and information, and is in such form and sub7 mitted in such manner as the Attorney General

8 shall prescribe through notice in the Federal

9 Register;

10 (B) demonstrates that the applicant has na11 tionally recognized expertise in the area of do12 mestic violence and a record of high quality serv13 ice to victims of domestic violence, including

14 support from advocacy groups, particularly

15 State coalitions and recognized national domes16 tic violence groups;

17 (C) demonstrates that the applicant has a

18 commitment to diversity, including the hiring of

19 and provision of services to ethnic, racial, cul20 tural, and non-English speaking minorities, in

21 addition to older individuals and individuals

22 with disabilities;

23 (D) demonstrates that the applicant has the

24 ability to integrate the hotline into existing serv-
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1 ices provided by the applicant to victims of do2 mestic violence;

3 (E) includes a complete description of the

4 applicant’s plan for the establishment and oper5 ation of the hotline, including a description of—

6 (i) the hiring criteria and training

7 program for hotline personnel;

8 (ii) the methods for the creation, main9 tenance, and updating of a resource

10 database for the hotline;

11 (iii) a plan for providing service on a

12 24-hour-a-day basis to non-English speak13 ing callers, including hotline personnel who

14 speak Spanish;

15 (iv) a plan for access to the hotline by

16 individuals with hearing impairments; and

17 (v) a plan for publicizing the avail18 ability of the hotline; and

19 (F) contains such other information as the

20 Attorney General may require.

21 (d) SELECTION.—The Attorney General shall select a

22 nonprofit private organization to receive a grant under sub23 section (b) which has been in existence for at least 5 years

24 from the date of submission of the application by the orga25 nization.
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1 (e) USES.—A grant made under subsection (b) shall

2 be used to establish and operate a national, toll-free tele3 phone hotline to provide information and assistance to vic4 tims of domestic violence. In establishing and operating the

5 hotline, a nonprofit private organization shall—

6 (1) contract with a carrier for the use of a toll7 free telephone line;

8 (2) employ, train, and supervise personnel to an9 swer incoming calls and provide counseling and refer10 ral services to callers on a 24-hour-a-day basis;

11 (3) establish, maintain, and update a database

12 of information relating to services for victims of do13 mestic violence, including information on the avail14 ability of shelters that serve battered women; and

15 (4) publicize the hotline to potential users

16 throughout the United States.

17 (f) AUTHORIZATION OF APPROPRIATIONS.—

18 (1) IN GENERAL.—There is authorized to be ap19 propriated to carry out this section $1,000,000 for

20 each of the fiscal years 1994 through 1996.

21 (2) AVAILABILITY.—Funds authorized to be ap22 propriated under paragraph (1) shall remain avail23 able until expended.
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1 SEC. 1654. GRANTS FOR COMMUNITY PROGRAMS ON DO2 MESTIC VIOLENCE.

3 (a) IN GENERAL.—Title I of the Omnibus Crime Con4 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

5 as amended by section 1623 of this Act, is

6 amended by—

7 (1) redesignating part T as part U;

8 (2) redesignating section 2001 as section 2101;

9 and

10 (3) adding after part S the following new part:

11 ‘‘PART T—GRANTS FOR COMMUNITY PROGRAMS

12 ON DOMESTIC VIOLENCE.

13 ‘‘SEC. 2001. GRANT AUTHORITY.

14 ‘‘The Director shall provide grants to establish projects

15 in local communities involving many sectors of each com16 munity to coordinate intervention and prevention of domes17 tic violence.

18 ‘‘SEC. 2002. APPLICATIONS.

19 ‘‘(a) IN GENERAL.—An organization that desires to re20 ceive a grant under this section shall submit to the Director

21 an application, in such form and in such manner as the

22 Director may reasonably require that—

23 ‘‘(1) demonstrates that the applicant will serve a

24 community leadership function, bringing together

25 opinion leaders from each sector of the community to
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1 develop a coordinated community consensus opposing

2 domestic violence;

3 ‘‘(2) demonstrates a community action compo4 nent to improve and expand current intervention and

5 prevention strategies through increased communica6 tion and coordination among all affected sectors;

7 ‘‘(3) includes a complete description of the appli8 cant’s plan for the establishment and operation of the

9 community project, including a description of—

10 ‘‘(A) the method for identification and selec11 tion of an administrative committee made up of

12 persons knowledgeable in domestic violence to

13 oversee the project, hire staff, assure compliance

14 with the project outline, and secure annual eval15 uation of the project;

16 ‘‘(B) the method for identification and selec17 tion of project staff and a project evaluator;

18 ‘‘(C) the method for identification and selec19 tion of a project council consisting of representa20 tives of the community sectors listed in sub21 section (b)(2);

22 ‘‘(D) the method for identification and se23 lection of a steering committee consisting of rep24 resentatives of the various community sectors
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1 who will chair subcommittees of the project coun2 cil focusing on each of the sectors; and

3 ‘‘(E) a plan for developing outreach and

4 public education campaigns regarding domestic

5 violence; and

6 ‘‘(4) contains such other information, agree7 ments, and assurances as the Director may require.

8 ‘‘(b) ELIGIBILITY.—To be eligible for a grant under

9 this section, such application shall include—

10 ‘‘(1) an assurance that the applicant is a non11 profit private organization organized for the purpose

12 of coordinating community projects for the interven13 tion in and prevention of domestic violence; and

14 ‘‘(2) an assurance that such nonprofit organiza15 tion includes representation from pertinent sectors of

16 the local community, including—

17 ‘‘(A) health care providers;

18 ‘‘(B) the education community;

19 ‘‘(C) the religious community;

20 ‘‘(D) the justice system;

21 ‘‘(E) domestic violence program advocates;

22 ‘‘(F) human service entities such as State

23 child services divisions; and

24 ‘‘(G) business and civic leaders.
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1 ‘‘SEC. 2003. AWARD OF GRANTS.

2 ‘‘(a) TERM.—A grant provided under this section may

3 extend over a period of not more than 3 fiscal years.

4 ‘‘(b) CONDITIONS ON PAYMENT.—Payments under a

5 grant under this section shall be subject to—

6 ‘‘(1) annual approval by the Director; and

7 ‘‘(2) availability of appropriations.

8 ‘‘(c) GEOGRAPHICAL DISPERSION.—The Director shall

9 award grants under this section to organizations in com10 munities geographically dispersed throughout the country.

11 ‘‘SEC. 2004. USES OF FUNDS.

12 ‘‘(a) IN GENERAL.—A grant made under subsection

13 (a) shall be used to establish and operate a community

14 project to coordinate intervention and prevention of domes15 tic violence.

16 ‘‘(b) REQUIREMENTS.—In establishing and operating

17 a project, a nonprofit private organization shall—

18 ‘‘(1) establish protocols to improve and expand

19 domestic violence intervention and prevention strate20 gies among all affected sectors;

21 ‘‘(2) develop action plans to direct responses

22 within each community sector that are in conjunction

23 with development in all other sectors; and

24 ‘‘(3) provide for periodic evaluation of the

25 project with a written report and analysis to assist

26 application of this concept in other communities.’’.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

2 1001 of the Omnibus Crime Control and Safe Streets Act

3 of 1968 is amended by adding at the end the following:

4 ‘‘(15) There are authorized to be appropriated to carry

5 out part T $20,000,000 for fiscal year 1994 and such

6 sums as are necessary for each of the fiscal years 1995,

7 1996, and 1997, to remain available until

8 expended.’’.

9 (c) ADMINISTRATIVE PROVISIONS.—(1) Section 801(b)

10 of title I of the Omnibus Crime Control and Safe Streets

11 Act of 1968, as amended by section 1623 of this Act, is

12 amended by striking ‘‘O, Q, R, and S’’ and inserting ‘‘O,

13 Q, R, S, and T’’.

14 (2) Section 802(b) of title I of the Omnibus Crime Con15 trol and Safe Streets Act of 1968, as amended by section

16 1623 of this Act, is amended by striking ‘‘O, Q, R, or S’’

17 and inserting ‘‘O, Q, R, S, or T’’.

18 (d) CONFORMING AMENDMENT.—The table of contents

19 of title I of the Omnibus Crime Control and Safe Streets

20 Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section

21 1623 of this Act, is amended by striking the matter relating

22 to part T and inserting the following:

‘‘PART T—GRANTS FOR COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE

‘‘Sec. 2001. Grant authority.

‘‘Sec. 2002. Applications.

‘‘Sec. 2003. Award of grants.

‘‘Sec. 2004. Uses of funds.’’.
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1 Subtitle E—Equal Justice for

2 Women in the Courts

3 SEC. 1661. GRANTS AUTHORIZED.

4 The State Justice Institute is authorized to award

5 grants for the purpose of developing, testing, presenting,

6 and disseminating model programs to be used by States in

7 training judges and court personnel in the laws of the

8 States on rape, sexual assault, domestic violence, and other

9 crimes of violence motivated by gender.

10 SEC. 1662. TRAINING PROVIDED BY GRANTS.

11 Training provided pursuant to grants made under this

12 subtitle may include current information, existing studies,

13 or current data on—

14 (1) the nature and incidence of rape and sexual

15 assault by strangers and nonstrangers, marital rape,

16 and incest;

17 (2) the underreporting of rape, sexual assault,

18 and child sexual abuse;

19 (3) the physical, psychological, and economic im20 pact of rape and sexual assault on the victim, the

21 costs to society, and the implications for sentencing;

22 (4) the psychology of sex offenders, their high

23 rate of recidivism, and the implications for sentenc24 ing;
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1 (5) the historical evolution of laws and attitudes

2 on rape and sexual assault;

3 (6) sex stereotyping of female and male victims

4 of rape and sexual assault, racial stereotyping of rape

5 victims and defendants, and the impact of such

6 stereotypes on credibility of witnesses, sentencing, and

7 other aspects of the administration of justice;

8 (7) application of rape shield laws and other

9 limits on introduction of evidence that may subject

10 victims to improper sex stereotyping and harassment

11 in both rape and nonrape cases, including the need

12 for sua sponte judicial intervention in inappropriate

13 cross-examination;

14 (8) the use of expert witness testimony on rape

15 trauma syndrome, child sexual abuse accommodation

16 syndrome, post-traumatic stress syndrome, and simi17 lar issues;

18 (9) the legitimate reasons why victims of rape,

19 sexual assault, domestic violence, and incest may

20 refuse to testify against a defendant;

21 (10) the nature and incidence of domestic vio22 lence;

23 (11) the physical, psychological, and economic

24 impact of domestic violence on the victim, the costs to
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1 society, and the implications for court procedures and

2 sentencing;

3 (12) the psychology and self-presentation of

4 batterers and victims and the negative implications

5 for court proceedings and credibility of witnesses;

6 (13) sex stereotyping of female and male victims

7 of domestic violence, myths about presence or absence

8 of domestic violence in certain racial, ethnic, reli9 gious, or socioeconomic groups, and their impact on

10 the administration of justice;

11 (14) historical evolution of laws and attitudes on

12 domestic violence;

13 (15) proper and improper interpretations of the

14 defenses of self-defense and provocation, and the use

15 of expert witness testimony on battered woman

16 syndrome;

17 (16) the likelihood of retaliation, recidivism, and

18 escalation of violence by batterers, and the potential

19 impact of incarceration and other meaningful sanc20 tions for acts of domestic violence including violations

21 of orders of protection;

22 (17) economic, psychological, social and institu23 tional reasons for victims’ inability to leave the

24 batterer, to report domestic violence or to follow

25 through on complaints, including the influence of lack
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1 of support from police, judges, and court personnel,

2 and the legitimate reasons why victims of domestic

3 violence may refuse to testify against a defendant and

4 should not be held in contempt;

5 (18) the need for orders of protection, and the

6 negative implications of mutual orders of protection,

7 dual arrest policies, and mediation in domestic vio8 lence cases; and

9 (19) recognition of and response to gender-moti10 vated crimes of violence other than rape, sexual as11 sault and domestic violence, such as mass or serial

12 murder motivated by the gender of the victims.

13 SEC. 1663. COOPERATION IN DEVELOPING PROGRAMS.

14 The State Justice Institute shall ensure that model

15 programs carried out pursuant to grants made under this

16 subtitle are developed with the participation of law enforce17 ment officials, public and private nonprofit victim advo18 cates, legal experts, prosecutors, defense attorneys, and rec19 ognized experts on gender bias in the courts.

20 SEC. 1664. AUTHORIZATION OF APPROPRIATIONS.

21 There is authorized to be appropriated for fiscal year

22 1994, $600,000 to carry out the purposes of sections 1661

23 through 1664. Of amounts appropriated under this section,

24 the State Justice Institute shall expend no less than 40 per25 cent on model programs regarding domestic violence and
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1 no less than 40 percent on model programs regarding rape

2 and sexual assault.

3 SEC. 1665. AUTHORIZATIONS OF CIRCUIT STUDIES; EDU4 CATION AND TRAINING GRANTS.

5 (a) STUDY.—In order to gain a better understanding

6 of the nature and the extent of gender bias in the Federal

7 courts, the circuit judicial councils are encouraged to con8 duct studies of the instances of gender bias in their respec9 tive circuits. The studies may include an examination of

10 the effects of gender on—

11 (1) the treatment of litigants, witnesses, attor12 neys, jurors, and judges in the courts, including before

13 magistrate and bankruptcy judges;

14 (2) the interpretation and application of the law,

15 both civil and criminal;

16 (3) treatment of defendants in criminal cases;

17 (4) treatment of victims of violent crimes;

18 (5) sentencing;

19 (6) sentencing alternatives, facilities for incar20 ceration, and the nature of supervision of probation,

21 parole, and supervised release;

22 (7) appointments to committees of the Judicial

23 Conference and the courts;

24 (8) case management and court sponsored alter25 native dispute resolution programs;
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1 (9) the selection, retention, promotion, and treat2 ment of employees;

3 (10) appointment of arbitrators, experts, and

4 special masters;

5 (11) the admissibility of past sexual history in

6 civil and criminal cases; and

7 (12) the aspects of the topics listed in section

8 1662 that pertain to issues within the jurisdiction of

9 the Federal courts.

10 (b) CLEARINGHOUSE.—The Judicial Conference of the

11 United States shall designate an entity within the Judicial

12 Branch to act as a clearinghouse to disseminate any reports

13 and materials issued by the gender bias task forces under

14 subsection (a) and to respond to requests for such reports

15 and materials. The gender bias task forces shall provide this

16 entity with their reports and related material.

17 (c) MODEL PROGRAMS.—The Federal Judicial Center,

18 in carrying out section 620(b)(3) of title 28, United States

19 Code, shall—

20 (1) include in the educational programs it pre21 sents and prepares, including the training programs

22 for newly appointed judges, information on issues re23 lated to gender bias in the courts including such areas

24 as are listed in subsection (a) along with such other
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1 topics as the Federal Judicial Center deems appro2 priate;

3 (2) prepare materials necessary to implement

4 this subsection; and

5 (3) take into consideration the findings and rec6 ommendations of the studies conducted pursuant to

7 subsection (a), and to consult with individuals and

8 groups with relevant expertise in gender bias issues as

9 it prepares or revises such materials.

10 SEC. 1666. AUTHORIZATION OF APPROPRIATIONS.

11 (a) IN GENERAL.—There is authorized to be appro12 priated—

13 (1) $600,000 to the Salaries and Expenses Ac14 count of the Courts of Appeals, District Courts, and

15 other Judicial Services, to carry out section 1665(a),

16 to be available until expended through fiscal year

17 1996;

18 (2) $100,000 to the Federal Judicial Center to

19 carry out section 1665(c) and any activities des20 ignated by the Judicial Conference under section

21 1665(b); and

22 (3) such sums as are necessary to the Adminis23 trative Office of the United States Courts to carry out

24 any activities designated by the Judicial Conference

25 under section 1665(b).
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1 (b) THE JUDICIAL CONFERENCE OF THE UNITED

2 STATES.—(1) The Judicial Conference of the United States

3 Courts shall allocate funds to Federal circuit courts under

4 this subtitle that—

5 (A) undertake studies in their own circuits; or

6 (B) implement reforms recommended as a result

7 of such studies in their own or other circuits, includ8 ing education and training.

9 (2) Funds shall be allocated to Federal circuits under

10 this subtitle on a first come first serve basis in an amount

11 not to exceed $100,000 on the first application. If within

12 6 months after the date on which funds authorized under

13 this Act become available, funds are still available, circuits

14 that have received funds may reapply for additional funds,

15 with not more than $200,000 going to any one circuit.

16 SEC. 1667. EXPERT TESTIMONY OF DOMESTIC VIOLENCE.

17 (a) FINDINGS.—The Congress finds that—

18 (1) State criminal courts often fail to admit ex19 pert testimony offered by a defendant concerning the

20 nature and effect of physical, sexual, and mental

21 abuse to assist the trier of fact in assessing the behav22 ior, beliefs, or perceptions of such defendant in a do23 mestic relationship in which abuse has occurred;

24 (2) the average juror often has little understand25 ing of the nature and effect of domestic violence on
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1 such a defendant’s behavior, beliefs, or perceptions,

2 and the lack of understanding can result in the juror

3 blaming the woman for her victimization;

4 (3) the average juror is often unaware that vic5 tims of domestic violence are frequently in greater

6 danger of violence after they terminate or attempt to

7 terminate domestic relationships with their abuser;

8 (4) myths, misconceptions, and victim-blaming

9 attitudes are often held not only by the average lay

10 person but also by many in the criminal justice sys11 tem, insofar as the criminal justice system tradition12 ally has failed to protect women from violence at the

13 hands of men;

14 (5) specialized knowledge of the nature and effect

15 of domestic violence is sufficiently established to have

16 gained the general acceptance which is required for

17 the admissibility of expert testimony;

18 (6) although both men and women can be vic19 tims of physical, sexual, and mental abuse by their

20 partners in domestic relationships, the most frequent

21 victims are women; and

22 (7) a woman is more likely to be assaulted and

23 injured, raped, or killed by her current or former

24 male partner than by any other type of assailant,
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1 and over one-half of all women murdered are killed

2 by their current or former male partners.

3 (b) SENSE OF CONGRESS.—It is the sense of the Con4 gress that the executive branch, working through the State

5 Justice Institute, should examine programs which would

6 allow the States to consider—

7 (1) that expert testimony concerning the nature

8 and effect of domestic violence, including descriptions

9 of the experiences of battered women, be admissible

10 when offered in a State court by a defendant in a

11 criminal case to assist the trier of fact in understand12 ing the behavior, beliefs, or perceptions of such defend13 ant in a domestic relationship in which abuse has oc14 curred;

15 (2) that a witness be qualified to testify as an

16 expert witness based upon her or his knowledge, skill,

17 experience, training, or education, and be permitted

18 to testify in the form of an opinion or otherwise; and

19 (3) that expert testimony about a domestic rela20 tionship be admissible to include testimony of rela21 tionships between spouses, former spouses, cohabi22 tants, former cohabitants, partners or former part23 ners, and between persons who are in, or have been

24 in, a dating, courtship, or intimate relationship.
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1 TITLE XVII—HATE CRIMES

2 SENTENCING ENHANCEMENT

3 SEC. 1701. DIRECTION TO COMMISSION.

4 (a) IN GENERAL.—Pursuant to section 994 of title 28,

5 United States Code, the United States Sentencing Commis6 sion shall promulgate guidelines or amend existing guide7 lines to provide sentencing enhancements of not less than

8 3 offense levels for offenses that the finder of fact at trial

9 determines beyond a reasonable doubt are hate crimes. In

10 carrying out this section, the United States Sentencing

11 Commission shall assure reasonable consistency with other

12 guidelines, avoid duplicative punishments for substantially

13 the same offense, and take into account any mitigating cir14 cumstances which might justify exceptions.

15 (b) DEFINITION.—As used in this section, the term

16 ‘‘hate crime’’ is a crime in which the defendant inten17 tionally selects a victim, or in the case of a property crime,

18 the property which is the object of the crime, because of the

19 actual or perceived race, color, religion, national origin,

20 ethnicity, gender, or sexual orientation of any person.
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1 TITLE XVIII—USE OF FORMULA

2 GRANTS TO PROSECUTE PER3 SONS DRIVING WHILE INTOXI4 CATED

5 SEC. 1801. GRANT PROGRAM DESCRIPTION.

6 Section 501(b) of title I of the Omnibus Crime Control

7 and Safe Streets Act of 1968 is amended by adding at the

8 end the following:

9 ‘‘(23) programs for the prosecution of driving

10 while intoxicated and the enforcement of other laws

11 relating to alcohol use and the operation of motor

12 vehicles.’’.

13 TITLE XIX—YOUTH HANDGUN

14 SAFETY

15 SEC. 1901. FINDINGS AND DECLARATIONS.

16 The Congress finds and declares that—

17 (1) Crime, particularly crime involving drugs

18 and guns, is a pervasive, nationwide problem.

19 (2) Problems with crime at the local level are ex20 acerbated by the interstate movement of drugs, funds,

21 and criminal gangs.

22 (3) Firearms and ammunition, and handguns in

23 particular, move easily in interstate commerce, as

24 documented in numerous hearings in both the Judici-
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1 ary Committee of the House of Representatives and

2 Judiciary Committee of the Senate.

3 (4) In fact, even before the sale of a handgun, the

4 gun, its component parts, ammunition, and the raw

5 materials from which they are made have consider6 ably moved in interstate commerce.

7 (5) While criminals freely move from State to

8 State, ordinary citizens may fear to travel to or

9 through certain parts of the country due to the con10 cern that violent crime is not under control, and for11 eigners may decline to travel in the United States for

12 the same reason.

13 (6) Just as the hardened drug kingpins begin

14 their life in the illicit drug culture by exposure to

15 drugs at a young age, violent criminals often start

16 their criminal careers on streets where the ready

17 availability of guns to young people results in the ac18 ceptability of their random use.

19 (7) Violent crime and the use of illicit drugs go

20 hand-in-hand, and attempts to control one without

21 controlling the other may be fruitless.

22 (8) Individual States and localities find it im23 possible to handle the problem by themselves; even

24 States and localities that have made a strong effort to

25 prevent, detect, and punish crime find their effort
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1 unavailing due in part to the failure or inability of

2 other States and localities to take strong measures.

3 (9) Inasmuch as illicit drug activity and related

4 violent crime overflow State lines and national

5 boundaries, the Congress has power, under the inter6 state commerce clause and other provisions of the

7 Constitution, to enact measures to combat these

8 problems.

9 (10) The Congress finds that it is necessary and

10 appropriate to assist the States in controlling crime

11 by stopping the commerce in handguns with juveniles

12 nationwide, and allowing the possession of handguns

13 by juveniles only when handguns are possessed and

14 used for legitimate purposes under appropriate condi15 tions.

16 SEC. 1902. PROHIBITION OF THE POSSESSION OF A HAND17 GUN OR AMMUNITION BY, OR THE PRIVATE

18 TRANSFER OF A HANDGUN OR AMMUNITION

19 TO, A JUVENILE.

20 (a) OFFENSE.—Section 922 of title 18, United States

21 Code, as amended by section 706(a) of this Act, is

22 amended by adding at the end the following:

23 ‘‘(w)(1) It shall be unlawful for a person to sell, de24 liver, or otherwise transfer to a juvenile, or to a person who
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1 the transferor knows or has reasonable cause to believe is

2 a juvenile—

3 ‘‘(A) a handgun; or

4 ‘‘(B) ammunition that is suitable for use only in

5 a handgun.

6 ‘‘(2) It shall be unlawful for any person who is a juve7 nile to knowingly possess—

8 ‘‘(A) a handgun; or

9 ‘‘(B) ammunition that is suitable for use

10 only in a handgun.

11 ‘‘(3) This subsection does not apply—

12 ‘‘(A) to a temporary transfer of a handgun or

13 ammunition to a juvenile, or to the possession or use

14 of a handgun or ammunition by a juvenile, if the

15 handgun and ammunition are possessed and used by

16 the juvenile—

17 ‘‘(i) in the course of employment, in the

18 course of ranching or farming related to activi19 ties at the residence of the juvenile (or on prop20 erty used for ranching or farming at which the

21 juvenile, with the permission of the property

22 owner or lessee, is performing activities related

23 to the operation of the farm or ranch), target

24 practice, hunting, or a course of instruction in

25 the safe and lawful use of a handgun;
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1 ‘‘(ii) with the prior written consent of the

2 juvenile’s parent or guardian who is not prohib3 ited by Federal, State, or local law from possess4 ing a firearm;

5 ‘‘(iii) with the prior written consent in the

6 juvenile’s possession at all times when a hand7 gun is in the possession of the juvenile; and

8 ‘‘(iv) in accordance with State and local

9 law;

10 ‘‘(B) during transportation by the juvenile of an

11 unloaded handgun in a locked container directly from

12 the place of transfer to a place at which an activity

13 described in subparagraph (A)(i) is to take place, and

14 transportation by the juvenile of that handgun, un15 loaded and in a locked container, directly from the

16 place at which such an activity took place to the

17 transferor;

18 ‘‘(C) to a juvenile who is a member of the Armed

19 Forces of the United States or the National Guard

20 who possesses or is armed with a handgun in the line

21 of duty;

22 ‘‘(D) to a transfer by inheritance of title (but not

23 possession) of a handgun or ammunition to a

24 juvenile; or
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1 ‘‘(E) to the possession of a handgun or ammuni2 tion by a juvenile taken in defense of the juvenile or

3 other persons against an intruder into the residence

4 of the juvenile or a residence in which the juvenile is

5 an invited guest.

6 ‘‘(4) A handgun or ammunition, the possession of

7 which is transferred to a juvenile in circumstances in which

8 the transferor is not in violation of this subsection shall

9 not be subject to permanent confiscation by the Government

10 if its possession by the juvenile subsequently becomes unlaw11 ful because of the conduct of the juvenile, but shall be re12 turned to the lawful owner when such handgun or ammuni13 tion is no longer required by the Government for the pur14 poses of investigation or prosecution.

15 ‘‘(5) For purposes of this subsection, the term ‘juvenile’

16 means a person who is less than 18 years of age.

17 ‘‘(6)(A) In a prosecution of a violation of this sub18 section, the court shall require the presence of a juvenile

19 defendant’s parent or legal guardian at all proceedings.

20 ‘‘(B) The court may use the contempt power to enforce

21 subparagraph (A).

22 ‘‘(C) The court may excuse attendance of a parent or

23 legal guardian of a juvenile defendant at a proceeding in

24 a prosecution of a violation of this subsection for good cause

25 shown.’’.
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1 (b) PENALTIES.—Section 924(a) of title 18, United

2 States Code, as amended by section 706(b) of this Act, is

3 amended by adding at the end the following:

4 ‘‘(7)(A)(i) A juvenile who violates section 922(w) shall

5 be fined under this title, imprisoned not more than 1 year,

6 or both, except that a juvenile described in clause (ii) shall

7 be sentenced to probation on appropriate conditions and

8 shall not be incarcerated unless the juvenile fails to comply

9 with a condition of probation.

10 ‘‘(ii) A juvenile is described in this clause if—

11 ‘‘(I) the offense of which the juvenile is charged

12 is possession of a handgun or ammunition in viola13 tion of section 922(w)(2); and

14 ‘‘(II) the juvenile has not been convicted in any

15 court of an offense (including an offense under section

16 922(w) or a similar State law, but not including any

17 other offense consisting of conduct that if engaged in

18 by an adult would not constitute an offense) or adju19 dicated as a juvenile delinquent for conduct that if

20 engaged in by an adult would constitute an offense.

21 ‘‘(B) A person other than a juvenile who knowingly

22 violates section 922(w)—

23 ‘‘(i) shall be fined under this title, imprisoned

24 not more than 1 year, or both; and
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1 ‘‘(ii) if the person sold, delivered, or otherwise

2 transferred a handgun or ammunition to a juvenile

3 knowing or having reasonable cause to know that the

4 juvenile intended to carry or otherwise possess or dis5 charge or otherwise use the handgun or ammunition

6 in the commission of a crime of violence, shall be

7 fined under this title, imprisoned not more than 10

8 years, or both.’’.

9 (d) TECHNICAL AMENDMENT OF JUVENILE DELIN10 QUENCY PROVISIONS IN TITLE 18, UNITED STATES

11 CODE.—

12 (1) SECTION 5031.—Section 5031 of title 18,

13 United States Code, is amended by inserting ‘‘or a

14 violation by such person of section 922(w)’’ before the

15 period at the end.

16 (2) SECTION 5032.—Section 5032 of title 18,

17 United States Code, is amended—

18 (A) in the first undesignated paragraph by

19 inserting ‘‘or (w)’’ after ‘‘922(p)’’; and

20 (B) in the fourth undesignated paragraph

21 by inserting ‘‘or section 922(w) of this title,’’ be22 fore ‘‘criminal prosecution on the basis’’.

23 (e) TECHNICAL AMENDMENT OF THE JUVENILE JUS24 TICE AND DELINQUENCY PREVENTION ACT OF 1974.—Sec25 tion 223(a)(12)(A) of the Juvenile Justice and Delinquency
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1 Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A)) is

2 amended by striking ‘‘which do not constitute violations of

3 valid court orders’’ and inserting ‘‘(other than an offense

4 that constitutes a violation of a valid court order or a viola5 tion of section 922(w) of title 18, United States Code, or

6 a similar State law)’’.

7 (f) MODEL LAW.—The Attorney General, acting

8 through the Director of the National Institute for Juvenile

9 Justice and Delinquency Prevention, shall—

10 (1) evaluate existing and proposed juvenile

11 handgun legislation in each State;

12 (2) develop model juvenile handgun legislation

13 that is constitutional and enforceable;

14 (3) prepare and disseminate to State authorities

15 the findings made as the result of the evaluation; and

16 (4) report to Congress by December 31, 1994,

17 findings and recommendations concerning the need or

18 appropriateness of further action by the Federal Gov19 ernment.
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1 TITLE XX—SUBSTANCE ABUSE

2 TREATMENT IN FEDERAL

3 PRISONS

4 SEC. 2001. SUBSTANCE ABUSE TREATMENT IN FEDERAL

5 PRISONS.

6 Section 3621 of title 18, United States Code, is amend7 ed—

8 (1) in the last sentence of subsection (b), by

9 striking ‘‘, to the extent practicable,’’; and

10 (2) by adding at the end the following new sub11 section:

12 ‘‘(e) SUBSTANCE ABUSE TREATMENT.—

13 ‘‘(1) PHASE-IN.—In order to carry out the re14 quirement of the last sentence of subsection (b) of this

15 section, that every prisoner with a substance abuse

16 problem have the opportunity to participate in ap17 propriate substance abuse treatment, the Bureau of

18 Prisons shall provide substance abuse treatment—

19 ‘‘(A) for not less than 50 percent of eligible

20 prisoners by the end of fiscal year 1995, with

21 priority for such treatment accorded based on an

22 eligible prisoner’s proximity to release date;

23 ‘‘(B) for not less than 75 percent of eligible

24 prisoners by the end of fiscal year 1996, with
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1 priority for such treatment accorded based on an

2 eligible prisoner’s proximity to release date; and

3 ‘‘(C) for all eligible prisoners by the end of

4 fiscal year 1997 and thereafter, with priority for

5 such treatment accorded based on an eligible

6 prisoner’s proximity to release date.

7 ‘‘(2) INCENTIVE FOR PRISONERS’ SUCCESSFUL

8 COMPLETION OF TREATMENT PROGRAM.—

9 ‘‘(A) GENERALLY.—Any prisoner who, in

10 the judgment of the Director of the Bureau of

11 Prisons, has successfully completed a program of

12 residential substance abuse treatment provided

13 under paragraph (1) of this subsection, shall re14 main in the custody of the Bureau for such time

15 (as limited by subparagraph (B) of this para16 graph) and under such conditions, as the Bureau

17 deems appropriate. If the conditions of confine18 ment are different from those the prisoner would

19 have experienced absent the successful completion

20 of the treatment, the Bureau shall periodically

21 test the prisoner for substance abuse and dis22 continue such conditions on determining that

23 substance abuse has recurred.

24 ‘‘(B) PERIOD OF CUSTODY.—The period the

25 prisoner remains in custody after successfully
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1 completing a treatment program shall not exceed

2 the prison term the law would otherwise require

3 such prisoner to serve, but may not be less than

4 such term minus one year.

5 ‘‘(3) REPORT.—The Bureau of Prisons shall

6 transmit to the Committees on the Judiciary of the

7 Senate and the House of Representatives on January

8 1, 1995, and on January 1 of each year thereafter, a

9 report. Such report shall contain—

10 ‘‘(A) a detailed quantitative and qualitative

11 description of each substance abuse treatment

12 program, residential or not, operated by the Bu13 reau;

14 ‘‘(B) a full explanation of how eligibility

15 for such programs is determined, with complete

16 information on what proportion of prisoners

17 with substance abuse problems are eligible; and

18 ‘‘(C) a complete statement of to what extent

19 the Bureau has achieved compliance with the re20 quirements of this title.

21 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

22 There are authorized to be appropriated in each fiscal

23 year such sums as may be necessary to carry out this

24 subsection.

25 ‘‘(5) DEFINITIONS.—As used in this subsection—
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1 ‘‘(A) the term ‘residential substance abuse

2 treatment’ means a course of individual and

3 group activities, lasting between 6 and 12

4 months, in residential treatment facilities set

5 forth from the general prison population—

6 ‘‘(i) directed at the substance abuse

7 problems of the prisoner; and

8 ‘‘(ii) intended to develop the prisoner’s

9 cognitive, behavioral, social, vocational, and

10 other skills so as to solve the prisoner’s sub11 stance abuse and related problems; and

12 ‘‘(B) the term ‘eligible prisoner’ means a

13 prisoner who is—

14 ‘‘(i) determined by the Bureau of Pris15 ons to have a substance abuse problem; and

16 ‘‘(ii) willing to participate in a resi17 dential substance abuse treatment pro18 gram.’’.
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1 TITLE XXI—ALTERNATIVE PUN2 ISHMENTS FOR YOUNG OF3 FENDERS

4 SEC. 2101. CERTAINTY OF PUNISHMENT FOR YOUNG OF5 FENDERS.

6 (a) IN GENERAL.—Title I of the Omnibus Crime Con7 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

8 as amended by section 1654 of this Act is amended—

9 (1) by redesignating part U as part Y;

10 (2) by redesignating section 2101 as section

11 2501; and

12 (3) by inserting after part T the following:

13 ‘‘PART U—ALTERNATIVE PUNISHMENTS FOR

14 YOUNG OFFENDERS

15 ‘‘SEC. 2101. GRANT AUTHORIZATION.

16 ‘‘(a) IN GENERAL.—The Director of the Bureau of Jus17 tice Assistance (referred to in this part as the ‘Director’)

18 may make grants under this part to States, for the use by

19 States and units of local government in the States, for the

20 purpose of developing alternative methods of punishment for

21 young offenders to traditional forms of incarceration and

22 probation.

23 ‘‘(b) ALTERNATIVE METHODS.—The alternative meth24 ods of punishment referred to in subsection (a) should en25 sure certainty of punishment for young offenders and pro-
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1 mote reduced recidivism, crime prevention, and assistance

2 to victims, particularly for young offenders who can be pun3 ished more effectively in an environment other than a tradi4 tional correctional facility, including—

5 ‘‘(1) alternative sanctions that create account6 ability and certainty of punishment for young offend7 ers;

8 ‘‘(2) boot camp prison programs that include

9 education and job training activities such as pro10 grams modeled, to the extent practicable, after activi11 ties carried out under part B of title IV of the Job

12 Training Partnership Act (relating to Job Corps) (29

13 U.S.C. 1691 et seq.);

14 ‘‘(3) technical training and support for the im15 plementation and maintenance of State and local res16 titution programs for young offenders;

17 ‘‘(4) innovative projects, such as projects consist18 ing of education and job training activities for incar19 cerated young offenders, modeled, to the extent prac20 ticable, after activities carried out under part B of

21 title IV of the Job Training Partnership Act (relating

22 to Job Corps) (29 U.S.C. 1691 et seq.);

23 ‘‘(5) correctional options, such as community24 based incarceration, weekend incarceration, and elec25 tronic monitoring of offenders;
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1 ‘‘(6) community service programs that provide

2 work service placement for young offenders at non3 profit, private organizations and community organi4 zations;

5 ‘‘(7) demonstration restitution projects that are

6 evaluated for effectiveness;

7 ‘‘(8) innovative methods that address the prob8 lems of young offenders convicted of serious substance

9 abuse (including alcohol abuse, and gang-related of10 fenses), including technical assistance and training to

11 counsel and treat such offenders; and

12 ‘‘(9) the provision for adequate and appropriate

13 after care programs for the young offenders, such as

14 substance abuse treatment, education programs, voca15 tional training, job placement counseling, and other

16 support programs upon release.

17 ‘‘SEC. 2102. STATE APPLICATIONS.

18 ‘‘(a) IN GENERAL.—(1) To request a grant under this

19 part, the chief executive of a State shall submit an applica20 tion to the Director in such form and containing such infor21 mation as the Director may reasonably require.

22 ‘‘(2) Such application shall include assurances that

23 Federal funds received under this part shall be used to sup24 plement, not supplant, non-Federal funds that would other25 wise be available for activities funded under this part.
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1 ‘‘(b) STATE OFFICE.—The office designated under sec2 tion 507 of this title—

3 ‘‘(1) shall prepare the application as required

4 under subsection (a); and

5 ‘‘(2) shall administer grant funds received under

6 this part, including review of spending, processing,

7 progress, financial reporting, technical assistance,

8 grant adjustments, accounting, auditing, and fund

9 disbursement.

10 ‘‘SEC. 2103. REVIEW OF STATE APPLICATIONS.

11 ‘‘(a) IN GENERAL.—The Director, in consultation with

12 the Director of the National Institute of Corrections, shall

13 make a grant under section 2101(a) to carry out the

14 projects described in the application submitted by such ap15 plicant under section 2102 upon determining that—

16 ‘‘(1) the application is consistent with the re17 quirements of this part; and

18 ‘‘(2) before the approval of the application, the

19 Director has made an affirmative finding in writing

20 that the proposed project has been reviewed in accord21 ance with this part.

22 ‘‘(b) APPROVAL.—Each application submitted under

23 section 2102 shall be considered approved, in whole or in

24 part, by the Director not later than 45 days after first re-
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1 ceived unless the Director informs the applicant of specific

2 reasons for disapproval.

3 ‘‘(c) RESTRICTION.—Grant funds received under this

4 part shall not be used for land acquisition or construction

5 projects, other than alternative facilities described in section

6 2101(b).

7 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDERATION.—

8 The Director shall not disapprove any application without

9 first affording the applicant reasonable notice and an op10 portunity for reconsideration.

11 ‘‘SEC. 2104. LOCAL APPLICATIONS.

12 ‘‘(a) IN GENERAL.—(1) To request funds under this

13 part from a State, the chief executive of a unit of local gov14 ernment shall submit an application to the office designated

15 under section 2102(b).

16 ‘‘(2) Such application shall be considered approved, in

17 whole or in part, by the State not later than 45 days after

18 such application is first received unless the State informs

19 the applicant in writing of specific reasons for disapproval.

20 ‘‘(3) The State shall not disapprove any application

21 submitted to the State without first affording the applicant

22 reasonable notice and an opportunity for reconsideration.

23 ‘‘(4) If such application is approved, the unit of local

24 government is eligible to receive such funds.
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1 ‘‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERN2 MENT.—A State that receives funds under section 2101 in

3 a fiscal year shall make such funds available to units of

4 local government with an application that has been submit5 ted and approved by the State within 45 days after the Di6 rector has approved the application submitted by the State

7 and has made funds available to the State. The Director

8 shall have the authority to waive the 45-day requirement

9 in this section upon a finding that the State is unable to

10 satisfy such requirement under State statutes.

11 ‘‘SEC. 2105. ALLOCATION AND DISTRIBUTION OF FUNDS.

12 ‘‘(a) STATE DISTRIBUTION.—Of the total amount ap13 propriated under this part in any fiscal year—

14 ‘‘(1) 0.4 percent shall be allocated to each of the

15 participating States; and

16 ‘‘(2) of the total funds remaining after the allo17 cation under paragraph (1), there shall be allocated

18 to each of the participating States an amount which

19 bears the same ratio to the amount of remaining

20 funds described in this paragraph as the number of

21 young offenders of such State bears to the number of

22 young offenders in all the participating States.

23 ‘‘(b) LOCAL DISTRIBUTION.—(1) A State that receives

24 funds under this part in a fiscal year shall distribute to

25 units of local government in such State for the purposes
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1 specified under section 2101 that portion of such funds

2 which bears the same ratio to the aggregate amount of such

3 funds as the amount of funds expended by all units of local

4 government for correctional programs in the preceding fis5 cal year bears to the aggregate amount of funds expended

6 by the State and all units of local government in such State

7 for correctional programs in such preceding fiscal year.

8 ‘‘(2) Any funds not distributed to units of local govern9 ment under paragraph (1) shall be available for expenditure

10 by such State for purposes specified under section 2101.

11 ‘‘(3) If the Director determines, on the basis of infor12 mation available during any fiscal year, that a portion of

13 the funds allocated to a State for such fiscal year will not

14 be used by such State or that a State is not eligible to re15 ceive funds under section 2101, the Director shall award

16 such funds to units of local government in such State giving

17 priority to the units of local government that the Director

18 considers to have the greatest need.

19 ‘‘(c) GENERAL REQUIREMENT.—Notwithstanding the

20 provisions of subsections (a) and (b), not less than two21 thirds of funds received by a State under this part shall

22 be distributed to units of local government unless the State

23 applies for and receives a waiver from the Director of the

24 Bureau of Justice Assistance.
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1 ‘‘(d) FEDERAL SHARE.—The Federal share of a grant

2 made under this part may not exceed 75 percent of the total

3 costs of the projects described in the application submitted

4 under section 2102(a) for the fiscal year for which the

5 projects receive assistance under this part.

6 ‘‘(e) CONSIDERATION.—Notwithstanding subsections

7 (a) and (b), in awarding grants under this part, the Direc8 tor shall consider as an important factor whether a State

9 has in effect throughout such State a law or policy which—

10 ‘‘(1) requires that a juvenile who is in possession

11 of a firearm or other weapon on school property or

12 convicted of a crime involving the use of a firearm or

13 weapon on school property—

14 ‘‘(A) be suspended from school for a reason15 able period of time; and

16 ‘‘(B) lose driving license privileges for a

17 reasonable period of time; and

18 ‘‘(2) bans firearms and other weapons in a 100-

19 yard radius of school property, but the State may

20 allow exceptions for school-sponsored activities, as

21 well as other reasonable exceptions.

22 ‘‘(f) DEFINITION.—For purposes of this part, ‘juvenile’

23 means 18 years of age or younger.
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1 ‘‘SEC. 2106. EVALUATION.

2 ‘‘(a) IN GENERAL.—(1) Each State and local unit of

3 government that receives a grant under this part shall sub4 mit to the Director an evaluation not later than March 1

5 of each year in accordance with guidelines issued by the

6 Director and in consultation with the National Institute

7 of Justice.

8 ‘‘(2) The Director may waive the requirement specified

9 in paragraph (1) if the Director determines that such eval10 uation is not warranted in the case of the State or unit

11 of local government involved.

12 ‘‘(b) DISTRIBUTION.—The Director shall make avail13 able to the public on a timely basis evaluations received

14 under subsection (a).

15 ‘‘(c) ADMINISTRATIVE COSTS.—A State and local unit

16 of government may use not more than 5 percent of funds

17 it receives under this part to develop an evaluation program

18 under this section.’’.

19 (b) CONFORMING AMENDMENT.—The table of contents

20 of title I of the Omnibus Crime Control and Safe Streets

21 Act of 1968 (42 U.S.C. 3711 et seq.), is amended by insert22 ing after the matter relating to part T (as added by section

23 1654) the following:

‘‘PART U—ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS

‘‘Sec. 2101. Grant authorization.

‘‘Sec. 2102. State applications.

‘‘Sec. 2103. Review of State applications.

‘‘Sec. 2104. Local applications.
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‘‘Sec. 2105. Allocation and distribution of funds.

‘‘Sec. 2106. Evaluation.

‘‘PART Y—TRANSITION—EFFECTIVE DATE—REPEALER

‘‘Sec. 2501. Continuation of rules, authorities, and proceedings.’’.

1 (c) DEFINITION.—Section 901(a) of the Omnibus

2 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

3 3791(a)), is amended by adding after paragraph (23) the

4 following:

5 ‘‘(24) the term ‘young offender’ means an indi6 vidual, convicted of a crime, 22 years of age or

7 younger—

8 ‘‘(A) who has not been convicted of—

9 ‘‘(i) a crime of sexual assault; or

10 ‘‘(ii) a crime involving the use of a

11 firearm in the commission of the crime; and

12 ‘‘(B) who has no prior convictions for a

13 crime of violence (as defined by section 16 of title

14 18, United States Code) punishable by a period

15 of 1 or more years of imprisonment; and’’.

16 (d) TECHNICAL AMENDMENTS.—Section 901(a) of the

17 Omnibus Crime Control and Safe Streets Act of 1968 (42

18 U.S.C. 3791(a)) is amended—

19 (1) in paragraph (21), by adding a semicolon at

20 the end;

21 (2) in paragraph (22), by striking ‘‘and’’ at the

22 end; and
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1 (3) in paragraph (23) by striking the period at

2 the end and inserting a semicolon.

3 SEC. 2102. AUTHORIZATION OF APPROPRIATION.

4 Section 1001(a) of title I of the Omnibus Crime Con5 trol and Safe Streets Act of 1968 (42 U.S.C. 3793) is

6 amended by adding at the end the following:

7 ‘‘(16) There are authorized to be appropriated

8 $200,000,000 for each of the fiscal years 1994, 1995, and

9 1996 to carry out the projects under part U.’’.

10 SEC. 2103. SENSE OF THE CONGRESS.

11 It is the sense of the Congress that States should impose

12 mandatory sentences for crimes involving the use of a fire13 arm or other weapon on school property or within a 100-

14 yard radius of school property.

15 TITLE XXII—JUVENILE DRUG

16 TRAFFICKING AND GANG PRE17 VENTION GRANTS

18 SEC. 2201. JUVENILE DRUG TRAFFICKING AND GANG PRE19 VENTION GRANTS.

20 (a) The Omnibus Crime Control and Safe Streets Act

21 of 1968, is amended by inserting after part U (as added

22 by section 2101(a)) the following new part:
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1 ‘‘PART V—JUVENILE DRUG TRAFFICKING AND

2 GANG PREVENTION GRANTS

3 ‘‘SEC. 2201. GRANT AUTHORIZATION.

4 ‘‘(a) IN GENERAL.—The Director is authorized to

5 make grants to States and units of local government or com6 binations thereof to assist them in planning, establishing,

7 operating, coordinating, and evaluating projects directly or

8 through grants and contracts with public and private agen9 cies for the development of more effective programs, includ10 ing education, prevention, treatment and enforcement pro11 grams to reduce—

12 ‘‘(1) the formation or continuation of juvenile

13 gangs; and

14 ‘‘(2) the use and sale of illegal drugs by juve15 niles.

16 ‘‘(b) USES OF FUNDS.—The grants made under this

17 section may be used for any of the following specific

18 purposes:

19 ‘‘(1) To reduce the participation of juveniles in

20 drug related crimes (including drug trafficking and

21 drug use), particularly in and around elementary

22 and secondary schools.

23 ‘‘(2) To reduce juvenile involvement in organized

24 crime, drug and gang-related activity, particularly

25 activities that involve the distribution of drugs by or

26 to juveniles.
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1 ‘‘(3) To develop new and innovative means to

2 address the problems of juveniles convicted of serious,

3 drug-related and gang-related offenses;

4 ‘‘(4) To reduce juvenile drug and gang-related

5 activity in public housing projects.

6 ‘‘(5) To provide technical assistance and train7 ing to personnel and agencies responsible for the adju8 dicatory and corrections components of the juvenile

9 justice system to identify drug-dependent or gang-in10 volved juvenile offenders and to provide appropriate

11 counseling and treatment to such offenders.

12 ‘‘(6) To promote the involvement of all juveniles

13 in lawful activities, including—

14 ‘‘(A) school programs that teach that drug

15 and gang involvement are wrong; and

16 ‘‘(B) programs such as youth sports and

17 other activities, including girls and boys clubs,

18 scout troops, and little leagues.

19 ‘‘(7) To facilitate Federal and State cooperation

20 with local school officials to develop education, pre21 vention and treatment programs for juveniles who are

22 likely to participate in drug trafficking, drug use or

23 gang-related activities.

24 ‘‘(8) To provide pre- and post-trial drug abuse

25 treatment to juveniles in the juvenile justice system;
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1 with the highest possible priority to providing drug

2 abuse treatment to drug-dependent pregnant juveniles

3 and drug-dependent juvenile mothers.

4 ‘‘(9) To provide education and treatment pro5 grams for youth exposed to severe violence in their

6 homes, schools, or neighborhoods.

7 ‘‘(10) To establish sports mentoring and coach8 ing programs in which athletes serve as role models

9 for youth to teach that athletics provide a positive al10 ternative to drug and gang involvement.

11 ‘‘(11) To develop new programs that specifically

12 address the unique crime, drug, and alcohol-related

13 challenges faced by juveniles living at or near Inter14 national Ports of Entry and in other international

15 border communities, including rural localities.

16 ‘‘(12) To identify promising new juvenile drug

17 demand reduction and enforcement programs, to rep18 licate and demonstrate these programs to serve as na19 tional, regional or local models that could be used, in

20 whole or in part, by other public and private juvenile

21 justice programs, and to provide technical assistance

22 and training to public or private organizations to

23 implement similar programs.

24 ‘‘(13) To coordinate violence, gang, and juvenile

25 drug prevention programs with other existing Federal
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1 programs that serve community youth to better ad2 dress the comprehensive needs of such youth.

3 ‘‘(14) To reduce the incidence of graffiti and to

4 promote graffiti removal, prevention, and education

5 programs.

6 ‘‘(c) FEDERAL SHARE.—(1) The Federal share of a

7 grant made under this part may not exceed 75 percent of

8 the total costs of the projects described in applications sub9 mitted under this section for the fiscal year for which the

10 projects receive assistance under this part.

11 ‘‘(2) The Director may waive the 25 percent matching

12 requirement under paragraph (1), upon making a deter13 mination that such waiver is equitable due to the financial

14 circumstances affecting the ability of the applicant to meet

15 such requirements.

16 ‘‘SEC. 2202. APPLICATIONS.

17 ‘‘A State or unit of local government applying for

18 grants under this part shall submit an application to the

19 Director in such form and containing such information as

20 the Director shall reasonably require.’’.

21 (b) CONFORMING AMENDMENT.—The table of contents

22 of title I of the Omnibus Crime Control and Safe Streets

23 Act of 1968 (42 U.S.C. 3711 et seq.), is amended by insert24 ing after the matter relating to part U (as added by section

25 2101(b)) the following:
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‘‘PART V—JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS

‘‘Sec. 2201. Grant authorization.

‘‘Sec. 2202. Applications.’’.

1 SEC. 2202. AUTHORIZATION OF APPROPRIATIONS.

2 Section 1001(a) of title I of the Omnibus Crime Con3 trol and Safe Streets Act of 1968 (42 U.S.C. 3793), is

4 amended by adding at the end the following:

5 ‘‘(17) There are authorized to be appropriated

6 $100,000,000 for each of the fiscal years 1994 and 1995

7 to carry out the projects under part V.’’.

8 TITLE XXIII—RESIDENTIAL SUB9 STANCE ABUSE TREATMENT

10 FOR STATE PRISONERS

11 SEC. 2301. RESIDENTIAL SUBSTANCE ABUSE TREATMENT

12 FOR STATE PRISONERS.

13 (a) RESIDENTIAL SUBSTANCE ABUSE TREATMENT

14 FOR PRISONERS.—Title I of the Omnibus Crime Control

15 and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), is

16 amended by inserting after part V (as added by section

17 2201(a)) the following:

18 ‘‘PART W—RESIDENTIAL SUBSTANCE ABUSE

19 TREATMENT FOR STATE PRISONERS

20 ‘‘SEC. 2301. GRANT AUTHORIZATION.

21 ‘‘The Director of the Bureau of Justice Assistance (re22 ferred to in this part as the ‘Director’) may make grants

23 under this part to States, for the use by States and units
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1 of local government for the purpose of developing and imple2 menting residential substance abuse treatment programs

3 within State correctional facilities, as well as within local

4 correctional facilities in which inmates are incarcerated for

5 a period of time sufficient to permit substance abuse treat6 ment.

7 ‘‘SEC. 2302. STATE APPLICATIONS.

8 ‘‘(a) IN GENERAL.—(1) To request a grant under this

9 part the chief executive of a State shall submit an applica10 tion to the Director in such form and containing such infor11 mation as the Director may reasonably require.

12 ‘‘(2) Such application shall include assurances that

13 Federal funds received under this part shall be used to sup14 plement, not supplant, non-Federal funds that would other15 wise be available for activities funded under this part.

16 ‘‘(3) Such application shall coordinate the design and

17 implementation of treatment programs between State cor18 rectional representatives and the State Alcohol and Drug

19 Abuse agency (and, if appropriate, between representatives

20 of local correctional agencies and representatives of either

21 the State alcohol and drug abuse agency or any appropriate

22 local alcohol and drug abuse agency).

23 ‘‘(b) SUBSTANCE ABUSE TESTING REQUIREMENT.—To

24 be eligible to receive funds under this part, a State must

25 agree to implement or continue to require urinalysis or
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1 similar testing of individuals in correctional residential

2 substance abuse treatment programs. Such testing shall in3 clude individuals released from residential substance abuse

4 treatment programs who remain in the custody of the State.

5 ‘‘(c) ELIGIBILITY FOR PREFERENCE WITH AFTER

6 CARE COMPONENT.—

7 ‘‘(1) To be eligible for a preference under this

8 part, a State must ensure that individuals who par9 ticipate in the substance abuse treatment program es10 tablished or implemented with assistance provided

11 under this part will be provided with aftercare

12 services.

13 ‘‘(2) State aftercare services must involve the co14 ordination of the correctional facility treatment pro15 gram with other human service and rehabilitation

16 programs, such as educational and job training pro17 grams, parole supervision programs, half-way house

18 programs, and participation in self-help and peer

19 group programs, that may aid in the rehabilitation

20 of individuals in the substance abuse treatment

21 program.

22 ‘‘(3) To qualify as an aftercare program, the

23 head of the substance abuse treatment program, in

24 conjunction with State and local authorities and or25 ganizations involved in substance abuse treatment,
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1 shall assist in placement of substance abuse treatment

2 program participants with appropriate community

3 substance abuse treatment facilities when such indi4 viduals leave the correctional facility at the end of a

5 sentence or on parole.

6 ‘‘(d) STATE OFFICE.—The Office designated under sec7 tion 507 of this title—

8 ‘‘(1) shall prepare the application as required

9 under this section; and

10 ‘‘(2) shall administer grant funds received under

11 this part, including review of spending, processing,

12 progress, financial reporting, technical assistance,

13 grant adjustments, accounting, auditing, and fund

14 disbursement.

15 ‘‘SEC. 2303. REVIEW OF STATE APPLICATIONS.

16 ‘‘(a) IN GENERAL.—The Director shall make a grant

17 under section 2301 to carry out the projects described in

18 the application submitted under section 2302 upon deter19 mining that—

20 ‘‘(1) the application is consistent with the re21 quirements of this part; and

22 ‘‘(2) before the approval of the application the

23 Director has made an affirmative finding in writing

24 that the proposed project has been reviewed in accord25 ance with this part.
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1 ‘‘(b) APPROVAL.—Each application submitted under

2 section 2302 shall be considered approved, in whole or in

3 part, by the Director not later than 45 days after first re4 ceived unless the Director informs the applicant of specific

5 reasons for disapproval.

6 ‘‘(c) RESTRICTION.—Grant funds received under this

7 part shall not be used for land acquisition or construction

8 projects.

9 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDERATION.—

10 The Director shall not disapprove any application without

11 first affording the applicant reasonable notice and an op12 portunity for reconsideration.

13 ‘‘SEC. 2304. ALLOCATION AND DISTRIBUTION OF FUNDS.

14 ‘‘(a) ALLOCATION.—Of the total amount appropriated

15 under this part in any fiscal year—

16 ‘‘(1) 0.4 percent shall be allocated to each of the

17 participating States; and

18 ‘‘(2) of the total funds remaining after the allo19 cation under paragraph (1), there shall be allocated

20 to each of the participating States an amount which

21 bears the same ratio to the amount of remaining

22 funds described in this paragraph as the State prison

23 population of such State bears to the total prison pop24 ulation of all the participating States.
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1 ‘‘(b) FEDERAL SHARE.—The Federal share of a grant

2 made under this part may not exceed 75 percent of the total

3 costs of the projects described in the application submitted

4 under section 2302 for the fiscal year for which the projects

5 receive assistance under this part.

6 ‘‘SEC. 2305. EVALUATION.

7 ‘‘Each State that receives a grant under this part shall

8 submit to the Director an evaluation not later than March

9 1 of each year in such form and containing such informa10 tion as the Director may reasonably require.’’.

11 (b) CONFORMING AMENDMENT.—The table of contents

12 of title I of the Omnibus Crime Control and Safe Streets

13 Act of 1968 (42 U.S.C. 3711 et seq.), is amended by insert14 ing after the matter relating to part V (as added by section

15 2201(b)) the following:

‘‘PART W—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS

‘‘Sec. 2301. Grant authorization.

‘‘Sec. 2302. State applications.

‘‘Sec. 2303. Review of State applications.

‘‘Sec. 2304. Allocation and distribution of funds.

‘‘Sec. 2305. Evaluation.’’.

16 (c) DEFINITIONS.—Section 901(a) of the Omnibus

17 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

18 3791(a)) is amended by adding after paragraph (24) (as

19 added by section 2101(c)) the following:

20 ‘‘(25) the term ‘residential substance abuse treat21 ment program’ means a course of individual and

22 group activities, lasting between 9 and 12 months, in
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1 residential treatment facilities set apart from the gen2 eral prison population—

3 ‘‘(A) directed at the substance abuse prob4 lems of the prisoner; and

5 ‘‘(B) intended to develop the prisoner’s cog6 nitive, behavioral, social, vocational, and other

7 skills so as to solve the prisoner’s substance abuse

8 and related problems.’’.

9 SEC. 2302. AUTHORIZATION OF APPROPRIATIONS.

10 Section 1001(a) of title I of the Omnibus Crime Con11 trol and Safe Streets Act of 1968 (42 U.S.C. 3793), is

12 amended by adding at the end the following:

13 ‘‘(18) There are authorized to be appropriated

14 $100,000,000 for each of the fiscal years 1994, 1995, and

15 1996 to carry out the projects under part W.’’.

16 TITLE XXIV—IMMIGRATION RE17 LATED PROVISIONS AND

18 CRIMINAL ALIENS.

19 Subtitle A—Criminal Aliens

20 SEC. 2401. CONGRESSIONAL FINDINGS.

21 The Congress makes the following findings:

22 (1) The Federal Government is responsible for

23 controlling illegal immigration into the United

24 States.
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1 (2) Many States and localities are burdened with

2 the financial costs of housing and processing aliens

3 who are unlawfully within the United States and who

4 are charged with violating criminal statutes.

5 (3) The Immigration and Naturalization Service

6 is not permitted under current law to accept local

7 and State assistance in its deportation responsibil8 ities.

9 (4) Many communities with criminal alien pop10 ulations would like to expedite the deportation of

11 aliens who are charged with violating criminal stat12 utes and who are either unlawfully within the United

13 States or willing to submit to voluntary deportation

14 under safeguard.

15 SEC. 2402. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE.

16 (a) IN GENERAL.—Subject to subsection (b) and not17 withstanding any other provision of law, the Attorney Gen18 eral, in the discretion of the Attorney General, is authorized

19 to accept, hold, administer, and utilize gifts of property and

20 services (which may not include cash assistance) for the

21 purpose of assisting the Immigration and Naturalization

22 Service in carrying out the deportation of aliens who are

23 subject to charges for misdemeanor or felony crimes under

24 State or Federal law and who are either unlawfully within

25 the United States or willing to submit to voluntary deporta-
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1 tion under safeguard. Any property acquired pursuant to

2 this section shall be acquired in the name of the United

3 States.

4 (b) LIMITATION.—The Attorney General shall termi5 nate or rescind the exercise of the authority under sub6 section (a) if the Attorney General determines that the exer7 cise of such authority has resulted in discrimination in law

8 enforcement on the basis of race, color, or national origin.

9 SEC. 2403. INCARCERATION OF UNDOCUMENTED CRIMINAL

10 ALIENS.

11 (a) INCARCERATION.—Section 242 of the Immigration

12 and Nationality Act (8 U.S.C. 1252) is amended by adding

13 at the end the following:

14 ‘‘(j) INCARCERATION.—

15 ‘‘(1) If the chief official of the State (or, if ap16 propriate, a political subdivision of the State) exercis17 ing authority with respect to the incarceration of an

18 undocumented criminal alien (sentenced to a deter19 minate term of imprisonment) submits a written re20 quest to the Attorney General, the Attorney General

21 shall, as determined by the Attorney General—

22 ‘‘(A) enter into a contractual arrangement

23 which provides for compensation to the State or

24 a political subdivision of the State, as may be

25 appropriate, with respect to the incarceration of
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1 such undocumented criminal alien for such de2 terminate sentence of imprisonment, or

3 ‘‘(B) take the undocumented criminal alien

4 into the custody of the Federal Government and

5 incarcerate such alien for such determinate sen6 tence of imprisonment.

7 ‘‘(2) Compensation under paragraph (1)(A) shall

8 be determined by the Attorney General and may not

9 exceed the median cost of incarceration of a prisoner

10 in all maximum security facilities in the United

11 States as determined by the Bureau of Justice Statis12 tics.

13 ‘‘(3) For purposes of this subsection, the term

14 ‘undocumented criminal alien’ means an alien who—

15 ‘‘(A) has been convicted of a felony and sen16 tenced to a term of imprisonment, and

17 ‘‘(B)(i) entered the United States without

18 inspection or at any time or place other than as

19 designated by the Attorney General,

20 ‘‘(ii) was the subject of exclusion or deporta21 tion proceedings at the time he or she was taken

22 into custody by the State or a political subdivi23 sion of the State, or

24 ‘‘(iii) was admitted as a nonimmigrant and

25 at the time he or she was taken into custody by
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1 the State or a political subdivision of the State

2 has failed to maintain the nonimmigrant status

3 in which the alien was admitted or to which it

4 was changed under section 248, or to comply

5 with the conditions of any such status.

6 ‘‘(4)(A) In carrying out paragraph (1), the At7 torney General shall give priority to the Federal in8 carceration of undocumented criminal aliens who

9 have committed aggravated felonies.

10 ‘‘(B) The Attorney General shall ensure that un11 documented criminal aliens incarcerated in Federal

12 facilities pursuant to this subsection are held in fa13 cilities which provide a level of security appropriate

14 to the crimes for which they were convicted.’’.

15 (b) EFFECTIVE DATE.—The amendments made by this

16 section shall take effect October 1, 1994.

17 (c) LIMITATION.—The authority created in section

18 242(j) of the Immigration and Nationality Act (as added

19 by subsection (a)) shall be subject to appropriation until

20 October 1, 1998.

21 Subtitle B—Immigration Provisions

22 SEC. 2411. EXPEDITED DEPORTATION FOR DENIED ASYLUM

23 APPLICANTS.

24 (a) The Attorney General may provide for the expedi25 tious adjudication of asylum claims and the expeditious de-
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1 portation of asylum applicants whose applications have

2 been finally denied, unless the applicant remains in an oth3 erwise valid nonimmigrant status.

4 (b) There are authorized to be appropriated to carry

5 out this section, such sums as are necessary for each of fiscal

6 years 1994, 1995, 1996, 1997, and 1998.

7 SEC. 2412. IMPROVING BORDER CONTROLS.

8 (a) There are authorized to be appropriated such sums

9 as are necessary to increase the Immigration and Natu10 ralization Service’s resources for the Border Patrol, the In11 spections Program, and the Deportation Branch to appre12 hend illegal aliens who attempt clandestine entry into the

13 United States or entry into the United States with fraudu14 lent documents or who remain in the country after their

15 nonimmigrant visas expire.

16 (b) The Attorney General shall report to the Congress

17 every two years on the programs referred to in subsection

18 (a).

19 SEC. 2413. EXPANDED SPECIAL DEPORTATION PROCEED20 INGS.

21 (a) Subject to the availability of appropriations, the

22 Attorney General may expand the program authorized by

23 section 242A(d) of the Immigration and Nationality Act

24 to ensure that such aliens are immediately deportable upon

25 their release from incarceration.
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1 (b) There are authorized to be appropriated such sums

2 as necessary to carry out this section for each of fiscal years

3 1995 through 1998.

4 (c) The Attorney General shall report to the Congress

5 every two years on the program referred to in subsection

6 (a).

7 SEC. 2414. CONSTRUCTION OF INS SERVICE PROCESSING

8 CENTERS TO DETAIN CRIMINAL ALIENS.

9 There are authorized to be appropriated such sums as

10 are necessary in fiscal year 1996 to construct or contract

11 for the construction of 2 Immigration and Naturalization

12 Service Processing Centers to detain criminal aliens.

13 Subtitle C—Border Patrol Agents

14 SEC. 2421. BORDER PATROL AGENTS.

15 In addition to such amounts as are otherwise author16 ized to be appropriated, there is authorized to be appro17 priated for each of the fiscal years 1995, 1996, 1997, 1998,

18 and 1999 for salaries and expenses of the Border Patrol

19 such amounts as may be necessary to provide for an in20 crease in the number of agents of the Border Patrol by 6,000

21 full-time equivalent agent positions (and necessary support

22 personnel positions) beyond the number of such positions

23 authorized for the Border Patrol as of October 1, 1993.
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1 Subtitle D—Passport and Visa

2 Offenses Penalties Improvements

3 SEC. 2431. PASSPORT AND VISA OFFENSES PENALTIES IM4 PROVEMENT.

5 (a) IN GENERAL.—Chapter 75 of title 18, United

6 States Code, is amended—

7 (1) in section 1541, by striking ‘‘not more than

8 $500 or imprisoned not more than one year’’ and in9 serting ‘‘under this title or imprisoned not more than

10 10 years’’;

11 (2) in each of sections 1542, 1543, and 1544, by

12 striking ‘‘not more than $2,000 or imprisoned not

13 more than five years’’ and inserting ‘‘under this title

14 or imprisoned not more than 10 years’’;

15 (3) in section 1545, by striking ‘‘not more than

16 $2,000 or imprisoned not more than three years’’ and

17 inserting ‘‘under this title or imprisoned not more

18 than 10 years’’;

19 (4) in section 1546(a), by striking ‘‘five years’’

20 and inserting ‘‘10 years’’;

21 (5) in section 1546(b), by striking ‘‘in accord22 ance with this title, or imprisoned not more than two

23 years’’ and inserting ‘‘under this title or imprisoned

24 not more than 10 years’’; and

25 (6) by adding at the end the following:
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1 ‘‘§ 1547. Alternative imprisonment maximum for cer2 tain offenses

3 ‘‘Notwithstanding any other provision of this title, the

4 maximum term of imprisonment that may be imposed for

5 an offense under this chapter (other than an offense under

6 section 1545)—

7 ‘‘(1) if committed to facilitate a drug trafficking

8 crime (as defined in 929(a) of this title) is 15 years;

9 and

10 ‘‘(2) if committed to facilitate an act of inter11 national terrorism (as defined in section 2331 of this

12 title) is 20 years.’’.

13 (b) CLERICAL AMENDMENT.—The table of sections at

14 the beginning of chapter 75 of title 18, United States Code,

15 is amended by adding at the end the following new item:

‘‘1547. Alternative imprisonment maximum for certain offenses.’’.

16 TITLE XXV—RURAL CRIME.

17 Subtitle A—Drug Trafficking in

18 Rural Areas

19 SEC. 2501. AUTHORIZATIONS FOR RURAL LAW ENFORCE20 MENT AGENCIES.

21 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

22 1001(a)(9) of title I of the Omnibus Crime Control and Safe

23 Streets Act of 1968 is amended to read as follows:
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1 ‘‘(9) There are authorized to be appropriated to carry

2 out part O $50,000,000 for each of fiscal years 1994, 1995,

3 1996, 1997, and 1998.’’.

4 (b) AMENDMENT TO BASE ALLOCATION.—Section

5 1501(a)(2)(A) of title I of the Omnibus Crime Control and

6 Safe Streets Act of 1968 is amended by striking ‘‘$100,000’’

7 and inserting ‘‘$250,000’’.

8 SEC. 2502. RURAL CRIME AND DRUG ENFORCEMENT TASK

9 FORCES.

10 (a) ESTABLISHMENT.—Not later than 90 days after

11 the date of enactment of this Act, the Attorney General, in

12 consultation with the Governors, mayors, and chief execu13 tive officers of State and local law enforcement agencies,

14 shall establish a Rural Crime and Drug Enforcement Task

15 Force in each of the Federal judicial districts which encom16 pass significant rural lands. Assets seized as a result of in17 vestigations initiated by a Rural Drug Enforcement Task

18 Force shall be used primarily to enhance the operations of

19 the task force and its participating State and local law en20 forcement agencies.

21 (b) TASK FORCE MEMBERSHIP.—The task forces estab22 lished under subsection (a) shall be chaired by the United

23 States Attorney for the respective Federal judicial district.

24 The task forces shall include representatives from—

25 (1) State and local law enforcement agencies;
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1 (2) the Drug Enforcement Administration;

2 (3) the Federal Bureau of Investigation;

3 (4) the Immigration and Naturalization Service;

4 (5) the Customs Service;

5 (6) the United States Marshals Service; and

6 (7) law enforcement officers from the United

7 States Park Police, United States Forest Service and

8 Bureau of Land Management, and such other Federal

9 law enforcement agencies as the Attorney General

10 may direct.

11 SEC. 2503. CROSS-DESIGNATION OF FEDERAL OFFICERS.

12 (a) IN GENERAL.—The Attorney General may cross13 designate up to 100 law enforcement officers from each of

14 the agencies specified under section 1502(b)(6) of the Omni15 bus Crime Control and Safe Streets Act of 1968 with juris16 diction to enforce the provisions of the Controlled Sub17 stances Act on non-Federal lands and title 18 of the United

18 States Code to the extent necessary to effect the purposes

19 of this Act.

20 (b) ADEQUATE STAFFING.—The Attorney General

21 shall, subject to the availability of appropriations, ensure

22 that each of the task forces established in accordance with

23 this title are adequately staffed with investigators and that

24 additional investigators are provided when requested by the

25 task force.
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1 SEC. 2504. RURAL DRUG ENFORCEMENT TRAINING.

2 (a) SPECIALIZED TRAINING FOR RURAL OFFICERS.—

3 The Director of the Federal Law Enforcement Training

4 Center shall develop a specialized course of instruction de5 voted to training law enforcement officers from rural agen6 cies in the investigation of drug trafficking and related

7 crimes.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

9 authorized to be appropriated to carry out subsection (a)

10 $1,000,000 for each of fiscal years 1994, 1995, 1996, 1997,

11 and 1998.

12 SEC. 2505. MORE AGENTS FOR THE DRUG ENFORCEMENT

13 ADMINISTRATION.

14 There are authorized to be appropriated for the hiring

15 of additional Drug Enforcement Administration agents

16 $20,000,000 for each of fiscal years 1994, 1995, 1996, 1997,

17 and 1998.

18 Subtitle B—Drug Free Truck Stops

19 and Safety Rest Areas

20 SEC. 2511. DRUG FREE TRUCK STOPS AND SAFETY REST

21 AREAS.

22 (a) SHORT TITLE.—This section may be cited as the

23 ‘‘Drug Free Truck Stop Act’’.

24 (b) AMENDMENT TO CONTROLLED SUBSTANCES

25 ACT.—
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1 (1) IN GENERAL.—Part D of the Controlled Sub2 stances Act (21 U.S.C. 801 et seq.) is amended by in3 serting after section 408 the following new section:

4 ‘‘TRANSPORTATION SAFETY OFFENSES

5 ‘‘SEC. 409. (a) DEFINITIONS.—In this section—

6 ‘‘(1) the term ‘safety rest area’ means a roadside

7 facility with parking facilities for the rest or other

8 needs of motorists; and

9 ‘‘(2) the term ‘truck stop’ means a facility (in10 cluding any parking lot appurtenant thereto) that—

11 ‘‘(A) has the capacity to provide fuel or

12 service, or both, to any commercial motor vehicle

13 (as defined under section 12019 of the Commer14 cial Motor Vehicle Safety Act of 1986 (49 U.S.C.

15 2716)) operating in commerce (as defined in that

16 section); and

17 ‘‘(B) is located within 2,500 feet of the Na18 tional System of Interstate and Defense High19 ways or the Federal-Aid Primary System.

20 ‘‘(b) FIRST OFFENSE.—A person who violates section

21 401(a)(1) or section 416 by distributing or possessing with

22 intent to distribute a controlled substance in or on, or with23 in 1,000 feet of, a truck stop or safety rest area is (except

24 as provided in subsection (b)) subject to—

25 ‘‘(1) twice the maximum punishment authorized

26 by section 401(b); and
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1 ‘‘(2) twice any term of supervised release author2 ized by section 401(b) for a first offense.

3 ‘‘(c) SUBSEQUENT OFFENSE.—A person who violates

4 section 401(a)(1) or section 416 by distributing or possess5 ing with intent to distribute a controlled substance in or

6 on, or within 1,000 feet of, a truck stop or a safety rest

7 area after a prior conviction or convictions under sub8 section (a) have become final is subject to—

9 ‘‘(1) 3 times the maximum punishment author10 ized by section 401(b); and

11 ‘‘(2) 3 times any term of supervised release au12 thorized by section 401(b) for a first offense.’’.

13 (2) TECHNICAL AMENDMENTS.—

14 (A) CROSS REFERENCE.—Section 401(b) of

15 the Controlled Substances Act (21 U.S.C. 841(b))

16 is amended by inserting ‘‘409,’’ before ‘‘418,’’

17 each place it appears.

18 (B) TABLE OF CONTENTS.—The table of

19 contents of the Comprehensive Drug Abuse Pre20 vention and Control Act of 1970 is amended by

21 striking the item relating to section 409 and in22 serting the following new item:

‘‘Sec. 409. Transportation safety offenses.’’.

23 (c) SENTENCING GUIDELINES.—Pursuant to its au24 thority under section 994 of title 28, United States Code,

25 and section 21 of the Sentencing Act of 1987 (28 U.S.C.
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1 994 note), the United States Sentencing Commission shall

2 promulgate guidelines, or shall amend existing guidelines,

3 to provide an appropriate enhancement of punishment for

4 a defendant convicted of violating section 409 of the Con5 trolled Substances Act, as added by subsection (b).

6 Subtitle C—Rural Domestic Vio7 lence and Child Abuse Enforce8 ment

9 SEC. 2521. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE

10 ENFORCEMENT ASSISTANCE.

11 (a) GRANTS.—The Attorney General may make grants

12 to units of State and local governments of rural States, and

13 to other public or private entities of rural States—

14 (1) to implement, expand, and establish coopera15 tive efforts and projects between law enforcement offi16 cers, prosecutors, victim advocacy groups, and other

17 related parties to investigate and prosecute incidents

18 of domestic violence and child abuse;

19 (2) to provide treatment and counseling to vic20 tims of domestic violence and child abuse; and

21 (3) to work in cooperation with the community

22 to develop education and prevention strategies di23 rected toward such issues.

24 (b) DEFINITION.—In this section, the term ‘‘rural

25 State’’ has the meaning stated in section 1501(b) of title
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1 I of the Omnibus Crime Control and Safe Streets Act of

2 1968 (42 U.S.C. 3796bb(B)).

3 (c) AUTHORIZATION OF APPROPRIATIONS.—

4 (1) IN GENERAL.—There is authorized to be ap5 propriated to carry out this section $10,000,000 for

6 each of fiscal years 1995, 1996, and 1997.

7 (2) ADDITIONAL FUNDING.—In addition to funds

8 received under a grant under subsection (a), a law

9 enforcement agency may use funds received under a

10 grant under section 1402 to accomplish the objectives

11 of this section.

12 Subtitle D—Sense of Congress Re13 garding Funding for Rural

14 Areas

15 SEC. 2531. FUNDING FOR RURAL AREAS.

16 It is the sense of Congress that—

17 (1) the Attorney General should ensure that

18 funding for programs in this Act is distributed such

19 that rural areas continue to receive comparable sup20 port for their broad-based crime fighting initiatives;

21 (2) rural communities should not receive less

22 funding than they received in fiscal year 1994 for

23 anti-crime initiatives as a result of any legislative or

24 administrative actions; and
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1 (3) to the maximum extent possible, funding for

2 the Edward Byrne Memorial State and Local Law

3 Enforcement Assistance Program should be main4 tained at its fiscal year 1994 level.

5 TITLE XXVI—COMMISSION ON

6 CRIME AND VIOLENCE.

7 SEC. 2601. FINDINGS.

8 The Congress finds that—

9 (1) there is no more important responsibility of

10 government than the protection of the lives and prop11 erty of its citizens;

12 (2) a violent crime occurs every 22 seconds in

13 America;

14 (3) the Nation’s law enforcement personnel and

15 criminal justice system lack the resources they need to

16 fully maintain law and order;

17 (4) the proliferation of drugs and guns in the

18 last 3 decades has dramatically changed the nature of

19 crime;

20 (5) it has been 27 years since the Brown Com21 mission redefined the Federal Government’s response

22 to crime in America; and

23 (6) the Nation must commit itself to an ener24 getic, innovative assault on the epidemic of crime in

25 our society, including—
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1 (A) alternative forms of sentencing to guar2 antee swift and sure punishment of criminals,

3 including the Nation’s growing number of youth

4 offenders;

5 (B) initiatives by the public and private

6 sectors designed to identify and alleviate the

7 causes of criminal behavior; and

8 (C) an examination of current laws and

9 law enforcement practices to determine where

10 and how resources may be best utilized to fight

11 crime, reduce burdens on courts and jails, and

12 stop recidivism.

13 SEC. 2602. ESTABLISHMENT OF COMMISSION ON CRIME

14 AND VIOLENCE.

15 (a) ESTABLISHMENT.—There is established a commis16 sion to be known as the ‘‘National Commission on Crime

17 and Violence in America’’ (referred to as the ‘‘Commis18 sion’’).

19 (b) MEMBERSHIP.—

20 (1) IN GENERAL.—The Commission shall be com21 posed of 22 members, of whom—

22 (A) 6 shall be appointed by the President;

23 (B) 8 shall be appointed by the Speaker of

24 the House of Representatives, of whom 2 shall be
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1 appointed on the recommendation of the minor2 ity leader; and

3 (C) 8 shall be appointed by the President

4 pro tempore of the Senate, of whom 6 shall be

5 appointed on the recommendation of the major6 ity leader and 2 shall be appointed on the rec7 ommendation of the minority leader.

8 (2) GOALS IN MAKING APPOINTMENTS.—In ap9 pointing members of the Commission, the President,

10 Speaker, President pro tempore, and the majority and

11 minority leaders shall seek to ensure that—

12 (A) the membership of the Commission re13 flect the racial, ethnic, and gender diversity of

14 the United States; and

15 (B) members are specially qualified to serve

16 on the Commission by reason of their education,

17 training, expertise, or experience in—

18 (i) sociology;

19 (ii) psychology;

20 (iii) law;

21 (iv) law enforcement;

22 (v) social work; and

23 (vi) ethnography and urban poverty,

24 including health care, housing, education,

25 and employment.
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1 (3) DEADLINE.—Members of the Commission

2 shall be appointed within 60 days after the date of

3 enactment of this Act.

4 (4) TERM.—Members shall serve on the Commis5 sion through the date of its termination under section

6 8.

7 (5) MEETINGS.—The Commission—

8 (A) shall have its headquarters in the Dis9 trict of Columbia; and

10 (B) shall meet at least once each month for

11 a business session.

12 (6) QUORUM.—Twelve members of the Commis13 sion shall constitute a quorum, but a lesser number

14 may hold hearings.

15 (7) CHAIRPERSON AND VICE CHAIRPERSON.—Not

16 later than 15 days after the members of the Commis17 sion are appointed, the members shall designate a

18 Chairperson and Vice Chairperson of the Commission.

19 (8) VACANCIES.—A vacancy in the Commission

20 shall be filled not later than 30 days after the Com21 mission is informed of the vacancy in the manner in

22 which the original appointment was made.

23 (9) COMPENSATION.—

24 (A) NO PAY, ALLOWANCE, OR BENEFIT.—

25 Members of the Commission shall receive no pay,
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1 allowances, or benefits by reason of their service

2 on the Commission.

3 (B) TRAVEL EXPENSES.—A member of the

4 Commission shall receive travel expenses, includ5 ing per diem in lieu of subsistence, in accordance

6 with section 5702 and 5703 of title 5, United

7 States Code.

8 SEC. 2603. DUTIES.

9 The Commission shall—

10 (1) review the effectiveness of traditional crimi11 nal justice approaches in preventing and controlling

12 crime and violence;

13 (2) examine the impact that changes to Federal

14 and State law have had in controlling crime and

15 violence;

16 (3) examine the impact of changes in Federal

17 immigration laws and policies and increased develop18 ment and growth along United States international

19 borders on crime and violence in the United States,

20 particularly among our Nation’s youth;

21 (4) examine the problem of youth gangs and pro22 vide recommendations on how to reduce youth in23 volvement in violent crime;
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1 (5) examine the extent to which assault weapons

2 and high power firearms have contributed to violence

3 and murder in the United States;

4 (6) convene hearings in various parts of the

5 country to receive testimony from a cross section of

6 criminal justice professionals, business leaders, elected

7 officials, medical doctors, and other citizens that wish

8 to participate;

9 (7) review all segments of the criminal justice

10 system, including the law enforcement, prosecution,

11 defense, judicial, corrections components, in develop12 ing the crime control and antiviolence plan;

13 (8) develop a comprehensive and effective crime

14 control and antiviolence plan that will serve as a

15 blueprint for action in the 1990’s;

16 (9) bring attention to successful models and pro17 grams in crime prevention, crime control, and

18 antiviolence;

19 (10) reach out beyond the traditional criminal

20 justice community for ideas when developing the com21 prehensive crime control and antiviolence plan;

22 (11) recommend improvements in the coordina23 tion of Federal, State, local, and international border

24 crime control efforts;
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1 (12) make a comprehensive study of the economic

2 and social factors leading to or contributing to crime

3 and violence and specific proposals for legislative and

4 administrative actions to reduce crime and violence

5 and the elements that contribute to crime and vio6 lence; and

7 (13) recommend means of allocating finite cor8 rectional facility space and resources to the most seri9 ous and violent offenders, with the goal of achieving

10 the most cost-effective crime control and protection of

11 the community and public safety, after—

12 (A) examining the issue of disproportionate

13 incarceration rates among black males and any

14 other minority group disproportionately rep15 resented in Federal and State correctional popu16 lations; and

17 (B) considering increased use of alternatives

18 to incarceration that offer a reasonable prospect

19 of equal or better crime control at equal or less

20 cost than incarceration.

21 SEC. 2604. STAFF AND SUPPORT SERVICES.

22 (a) DIRECTOR.—

23 (a) APPOINTMENT.—After consultation with the

24 members of the Commission, the Chairperson shall
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1 appoint a director of the Commission (referred to in

2 this title as the ‘‘Director’’).

3 (2) COMPENSATION.—The Director shall be paid

4 at a rate not to exceed the rate of basic pay for level

5 V of the Executive Schedule.

6 (b) STAFF.—With the approval of the Commission, the

7 Director may appoint such personnel as the Director con8 siders to be appropriate.

9 (c) CIVIL SERVICE LAWS.—The staff of the Commis10 sion shall be appointed without regard to the provisions of

11 title 5, United States Code, governing appointments in the

12 competitive service and shall be paid without regard to the

13 provisions of chapter 51 and subchapter III of chapter 53

14 of that title relating to classification and General Schedule

15 pay rates.

16 (d) EXPERTS AND CONSULTANTS.—With the approval

17 of the Commission, the Director may procure temporary

18 and intermittent services under section 3109(b) of title 5,

19 United States Code.

20 (e) STAFF OF FEDERAL AGENCIES.—Upon the request

21 of the Commission, the head of any Federal agency may

22 detail, on a reimbursable basis, personnel of that agency

23 to the Commission to assist in carrying out its duties.

24 (f) PHYSICAL FACILITIES.—The Administrator of the

25 General Services Administration shall provide suitable of-
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1 fice space for the operation of the Commission. The facilities

2 shall serve as the headquarters of the Commission and shall

3 include all necessary equipment and incidentals required

4 for proper functioning.

5 SEC. 2605. POWERS.

6 (a) HEARINGS.—The Commission may conduct public

7 hearings or forums at its discretion, at any time and place

8 it is able to secure facilities and witnesses, for the purpose

9 of carrying out its duties.

10 (b) DELEGATION OF AUTHORITY.—Any member or

11 agent of the Commission may, if authorized by the Commis12 sion, take any action that the Commission is authorized

13 to take by this section.

14 (c) INFORMATION.—The Commission may secure from

15 any Federal agency or entity in the executive or legislative

16 branch such materials, resources, statistical data, and other

17 information as is necessary to enable it to carry out this

18 Act. Upon request of the Chairperson or Vice Chairperson

19 of the Commission, the head of a Federal agency or entity

20 shall furnish the information to the Commission to the ex21 tent permitted by law.

22 (d) GIFTS, BEQUESTS, AND DEVISES.—The Commis23 sion may accept, use, and dispose of gifts, bequests, or de24 vises of services or property, both real and personal, for the

25 purpose of aiding or facilitating the work of the Commis-
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1 sion. Gifts, bequests, or devises of money and proceeds from

2 sales of other property received as gifts, bequests, or devises

3 shall be deposited in the Treasury and shall be available

4 for disbursement upon order of the Commission.

5 (e) MAILS.—The Commission may use the United

6 States mails in the same manner and under the same condi7 tions as other Federal agencies.

8 SEC. 2606. REPORTS.

9 (a) MONTHLY REPORTS.—The Commission shall

10 submit monthly activity reports to the President and the

11 Congress.

12 (b) INTERIM REPORT.—Not later than 1 year before

13 the date of its termination, the Commission shall submit

14 an interim report to the President and the Congress con15 taining—

16 (1) a detailed statement of the findings and con17 clusions of the Commission;

18 (2) recommendations for legislative and adminis19 trative action based on the Commission’s activities to

20 date;

21 (3) an estimation of the costs of implementing

22 the recommendations made by the Commission; and

23 (4) a strategy for disseminating the report to

24 Federal, State, and local authorities.
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1 (c) FINAL REPORT.—Not later than the date of its ter2 mination, the Commission shall submit to the Congress and

3 the President a final report with a detailed statement of

4 final findings, conclusions, recommendations, and esti5 mation of costs and an assessment of the extent to which

6 recommendations included in the interim report under

7 subsectin (b) have been implemented.

8 (d) PRINTING AND PUBLIC DISTRIBUTION.—Upon re9 ceipt of each report of the Commission under this section,

10 the President shall—

11 (1) order the report to be printed; and

12 (2) make the report available to the public.

13 SEC. 2607. TERMINATION.

14 The Commission shall terminate on the date that is

15 2 years after the date on which members of the Commission

16 have met and designated a Chairperson and Vice Chair17 person.

18 TITLE XXVII—POLICE CORPS

19 AND LAW ENFORCEMENT

20 SCHOLARSHIP ACT

21 SEC. 2701. PURPOSES.

22 The purposes of this title are to—

23 (1) address violent crime by increasing the num24 ber of police with advanced education and training

25 on community patrol; and
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1 (2) provide educational assistance to law enforce2 ment personnel and to students who possess a sincere

3 interest in public service in the form of law enforce4 ment.

5 SEC. 2702. DEFINITIONS.

6 For purposes of this title—

7 (1) the term ‘‘academic year’’ means a tradi8 tional academic year beginning in August or Septem9 ber and ending in the following May or June;

10 (2) the term ‘‘dependent child’’ means a natural

11 or adopted child or stepchild of a law enforcement of12 ficer who at the time of the offer’s death—

13 (A) was no more than 21 years old; or

14 (B) if older than 21 years, was in fact de15 pendent on the child’s parents for at least one16 half of the child’s support (excluding educational

17 expenses), as determined by the Director;

18 (3) the term ‘‘Director’’ means the Director of the

19 Office of the Police Corps and Law Enforcement Edu20 cation appointed under section 2711;

21 (4) the term ‘‘educational expenses’’ means ex22 penses that are directly attributable to—

23 (A) a course of education leading to the

24 award of the baccalaureate degree in legal- or

25 criminal justice-related studies; or
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1 (B) a course of graduate study legal or

2 criminal justice studies following award of a

3 baccalaureate degree,

4 including the cost of tuition, fees, books, supplies,

5 transportation, room and board and miscellaneous

6 expenses.

7 (5) the term ‘‘institution of higher education’’

8 has the meaning stated in the first sentence of section

9 1201(a) of the Higher Education Act of 1965 (20

10 U.S.C. 1141(a));

11 (6) the term ‘‘participant’’ means a participant

12 in the Police Corps program selected pursuant to sec13 tion 2714;

14 (7) the term ‘‘State’’ means a State of the United

15 States, the District of Columbia, the Commonwealth

16 of Puerto Rico, the Virgin Islands, American Samoa,

17 Guam, and the Commonwealth of the Northern Mari18 ana Islands; and

19 (8) the term ‘‘State Police Corps program’’

20 means a State police corps program that meets the re21 quirements of section 2717.
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1 Subtitle A—Police Corps

2 SEC. 2711. ESTABLISHMENT OF OFFICE OF THE POLICE

3 CORPS AND LAW ENFORCEMENT EDUCATION.

4 (a) ESTABLISHMENT.—There is established in the De5 partment of Justice, under the general authority of the At6 torney General, an Office of the Police Corps and Law En7 forcement Education.

8 (b) APPOINTMENT OF DIRECTOR.—The Office of the

9 Police Corps and Law Enforcement Education shall be

10 headed by a Director who shall be appointed by the Presi11 dent, by and with the advice and consent of the Senate.

12 (c) RESPONSIBILITIES OF DIRECTOR.—The Director

13 shall be responsible for the administration of the Police

14 Corps program established by this subtitle and shall have

15 authority to promulgate regulations to implement this sub16 title.

17 SEC. 2712. DESIGNATION OF LEAD AGENCY AND SUBMIS18 SION OF STATE PLAN.

19 (a) LEAD AGENCY.—A State that desires to participate

20 in the Police Corps program under this subtitle shall des21 ignate a lead agency that will be responsible for—

22 (1) submitting to the Director a State plan de23 scribed in subsection (b); and

24 (2) administering the program in the State.

25 (b) STATE PLANS.—A State plan shall—
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1 (1) contain assurances that the lead agency shall

2 work in cooperation with the local law enforcement li3 aisons, representatives of police labor organizations

4 and police management organizations, and other ap5 propriate State and local agencies to develop and im6 plement interagency agreements designed to carry out

7 the program;

8 (2) contain assurances that the State shall adver9 tise the assistance available under this subtitle;

10 (3) contain assurances that the State shall screen

11 and select law enforcement personnel for participation

12 in the program; and

13 (4) meet the requirements of section 2717.

14 SEC. 2713. SCHOLARSHIP ASSISTANCE.

15 (a) SCHOLARSHIPS AUTHORIZED.—(1) The Director

16 may award scholarships to participants who agree to work

17 in a State or local police force in accordance with agree18 ments entered into pursuant to subsection (d).

19 (2)(A) Except as provided in subparagraph (B), each

20 scholarship payment made under this section for each aca21 demic year shall not exceed—

22 (i) $7,500; or

23 (ii) the cost of the educational expenses related to

24 attending an institution of higher education.
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1 (B) In the case of a participant who is pursuing a

2 course of educational study during substantially an entire

3 calendar year, the amount of scholarship payments made

4 during such year shall not exceed $10,000.

5 (C) The total amount of scholarship assistance received

6 by any one participant under this section shall not exceed

7 $30,000.

8 (3) Participants who receive scholarship assistance

9 under this section shall continue to receive such scholarship

10 payments only during such periods as the Director finds

11 that the recipient is maintaining satisfactory progress as

12 determined by the institution of higher education the recipi13 ent is attending.

14 (4)(A) The Director shall make scholarship payments

15 under this section directly to the institution of higher edu16 cation that the student is attending.

17 (B) Each institution of higher education receiving a

18 payment on behalf of a participant pursuant to subpara19 graph (A) shall remit to such student any funds in excess

20 of the costs of tuition, fees, and room and board payable

21 to the institution.

22 (b) REIMBURSEMENT AUTHORIZED.—(1) The Director

23 may make payments to a participant to reimburse such

24 participant for the costs of educational expenses if the stu25 dent agrees to work in a State or local police force in ac-
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1 cordance with the agreement entered into pursuant to sub2 section (d).

3 (2)(A) Each payment made pursuant to paragraph (1)

4 for each academic year of study shall not exceed—

5 (i) $7,500; or

6 (ii) the cost of educational expenses related to at7 tending an institution of higher education.

8 (B) In the case of a participant who is pursuing a

9 course of educational study during substantially an entire

10 calendar year, the amount of scholarship payments made

11 during such year shall not exceed $10,000.

12 (C) The total amount of payments made pursuant to

13 subparagraph (A) to any 1 student shall not exceed $30,000.

14 (c) USE OF SCHOLARSHIP.—Scholarships awarded

15 under this under subsection shall only be used to attend a

16 4-year institution of higher education, except that—

17 (1) scholarships may be used for graduate and

18 professional study; and

19 (2) if a participant has enrolled in the program

20 upon or after transfer to a 4-year institution of high21 er education, the Director may reimburse the partici22 pant for the participant’s prior educational expenses.

23 (d) AGREEMENT.—(1)(A) Each participant receiving

24 a scholarship or a payment under this section shall enter

25 into an agreement with the Director.
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1 (B) An agreement under subparagraph (A) shall con2 tain assurances that the participant shall—

3 (i) after successful completion of a baccalaureate

4 program and training as prescribed in section 2715,

5 work for 4 years in a State or local police force with6 out there having arisen sufficient cause for the par7 ticipant’s dismissal under the rules applicable to

8 members of the police force of which the participant

9 is a member;

10 (ii) complete satisfactorily—

11 (I) an educational course of study and re12 ceipt of a baccalaureate degree (in the case of un13 dergraduate study) or the reward of credit to the

14 participant for having completed one or more

15 graduate courses (in the case of graduate study);

16 and

17 (II) Police Corps training and certification

18 by the Director that the participant has met

19 such performance standards as may be estab20 lished pursuant to section 2715; and

21 (iii) repay all of the scholarship or payment re22 ceived plus interest at the rate of 10 percent if the

23 conditions of clauses (i) and (ii) are not complied

24 with.
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1 (2)(A) A participant who receives a scholarship or

2 payment under this section shall not be considered to be

3 in violation of the agreement entered into pursuant to para4 graph (1) if the recipient—

5 (i) dies; or

6 (ii) becomes permanently and totally disabled as

7 established by the sworn affidavit of a qualified phy8 sician.

9 (B) If the participant who has received a scholarship

10 is unable to comply with the repayment provision set forth

11 in paragraph (1)(B)(ii) because of a physical or emotional

12 disability or for good cause as determined by the Director,

13 the Director may substitute community service in a form

14 prescribed by the Director for the required repayment.

15 (C) The Director shall expeditiously seek repayment

16 from a participant who violates an agreement described in

17 paragraph (1).

18 (e) DEPENDENT CHILD.—(1) A dependent child of an

19 individual referred to in paragraph (2) shall be entitled to

20 the scholarship assistance authorized in this section for any

21 course of study in any accredited institution of higher edu22 cation. Such dependent child shall not incur any repayment

23 obligation in exchange for the scholarship assistance pro24 vided in this section.
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1 (2) For purposes of paragraph (1), an individual is

2 a law enforcement officer—

3 (A) who is a member of a State or local police

4 force or is a Federal criminal investigator or uni5 formed police officer;

6 (B) who is not a participant in the Police Corps

7 program, but who serves in a State for which the Di8 rector has approved a State Police Corps plan; and

9 (C) who is killed in the course of performing po10 lice duties.

11 (f) APPLICATION.—Each participation desiring a

12 scholarship or payment under this section shall submit an

13 application as prescribed by the Director in such manner

14 and accompanied by such information as the Director may

15 reasonably require.

16 SEC. 2714. SELECTION OF PARTICIPANTS.

17 (a) IN GENERAL.—Participants in State Police Corps

18 programs shall be selected on a competitive basis by each

19 State under regulations prescribed by the Director.

20 (b) SELECTION CRITERIA AND QUALIFICATIONS.—(1)

21 In order to participate in a State Police Corps program,

22 a participant shall—

23 (A) be a citizen of the United States or an alien

24 lawfully admitted for permanent residence in the

25 United States;
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1 (B) meet the requirements for admission as a

2 trainee of the State or local police force to which the

3 participant will be assigned pursuant to section 2717

4 (c)(5), including achievement of satisfactory scores on

5 any applicable examination, except that failure to

6 meet the age requirement for a trainee of the State or

7 local police shall not disqualify the applicant if the

8 applicant will be of sufficient age upon completing an

9 undergraduate course of study;

10 (C) possess the necessary mental and physical

11 capabilities and emotional characteristics to discharge

12 effectively the duties of a law enforcement officer;

13 (D) be a good character and demonstrate sincere

14 motivation and dedication to law enforcement and

15 public service;

16 (E) in the case of an undergraduate, agree in

17 writing that the participant will complete an edu18 cational course of study leading to the award of a

19 baccalaureate degree and will then accept an appoint20 ment and complete 4 years of service as an officer in

21 the State police or in a local police department with22 in the State;

23 (F) in the case of a participant desiring to un24 dertake or continue graduate study, agree in writing

25 that the participant will accept an appointment and
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1 complete 4 years of service as an officer in the State

2 police or in a local police department within the

3 State before undertaking or continuing graduate

4 study;

5 (G) contract, with the consent of the partici6 pant’s parent or guardian if the participant is a

7 minor, to serve for 4 years as an officer in the State

8 police or in a local police department, if an appoint9 ment is offered; and

10 (H) except as provided in paragraph (2), be

11 without previous law enforcement experience.

12 (2)(A) Until the date that is 5 years after the date

13 of enactment of this title, up to 10 percent of the applicants

14 accepted into a State Police Corps program may be persons

15 who—

16 (i) have had some law enforcement experience;

17 and

18 (ii) have demonstrated special leadership poten19 tial and dedication to law enforcement.

20 (B)(i) The prior period of law enforcement of a partic21 ipant selected pursuant to subparagraph (A) shall not be

22 counted toward satisfaction of the participant’s 4-year serv23 ice obligation under section 2716, and such a participant

24 shall be subject to the same benefits and obligations under
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1 this subtitle as other participants, including those stated

2 in subsection (b)(1)(E) and (F).

3 (ii) Clause (i) shall not be construed to preclude count4 ing a participant’s previous period of law enforcement ex5 perience for purposes other than satisfaction of the require6 ments of section 2716, such as for purposes of determining

7 such a participant’s pay and other benefits, rank, and ten8 ure.

9 (3) It is the intent of this subtitle that there shall be

10 no more than 20,000 participants in each graduating class.

11 The Director shall approve State plans providing in the ag12 gregate for such enrollment of applicants as shall assure,

13 as nearly as possible, annual graduating classes of 20,000.

14 In a year in which applications are received a number

15 greater than that which will produce, in the judgment of

16 the Director, a graduating class of more than 20,000, the

17 Director shall, in deciding which applications to grant, give

18 preference to those who will be participating in State plans

19 that provide law enforcement personnel to areas of greatest

20 need.

21 (c) RECRUITMENT OF MINORITIES.—Each State par22 ticipating in the Police Corps program shall make special

23 efforts to seek and recruit applicants from among members

24 of all racial, ethnic or gender groups. This subsection does

25 not authorize an exception from the competitive standards
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1 for admission established pursuant to subsections (a) and

2 (b).

3 (d) ENROLLMENT OF APPLICANT.—(1) An applicant

4 shall be accepted into a State Police Corps program on the

5 condition that the applicant will be matriculated in, or ac6 cepted for admission at, a 4-year institution of higher edu7 cation—

8 (A) as a full-time student in an undergraduate

9 program; or

10 (B) for purposes of taking a graduate course.

11 (2) If the applicant is not matriculated or accepted

12 as set forth in paragraph (1), the applicant’s acceptance

13 in the program shall be revoked.

14 (e) LEAVE OF ABSENCE.—(1) A participant in a State

15 Police Corps program who requests a leave of absence from

16 educational study, training or service for a period not to

17 exceed 1 year (or 18 months in the aggregate in the event

18 of multiple requests) due to temporary physical or emo19 tional disability shall be granted such leave of absence by

20 the State.

21 (2) A participant who requests a leave of absence from

22 educational study, training or service for a period not to

23 exceed 1 year (or 18 months in the aggregate in the event

24 of multiple requests) for any reason other than those listed
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1 in paragraph (1) may be granted such leave of absence by

2 the State.

3 (3) A participant who requests a leave of absence from

4 educational study or training for a period not to exceed

5 30 months to serve on an official church mission may be

6 granted such leave of absence.

7 (f) ADMISSION OF APPLICANTS.—An applicant may be

8 admitted into a State Police Corps program either before

9 commencement of or during the applicant’s course of edu10 cational study.

11 SEC. 2715. POLICE CORPS TRAINING.

12 (a) IN GENERAL.—(1) The Director shall establish

13 programs of training for State Police Corps participants.

14 Such programs may be carried out at up to 3 training cen15 ters established for this purpose and administered by the

16 Director, or by contracting with existing State training fa17 cilities. The Director shall contract with a State training

18 facility upon request of such facility if the Director deter19 mines that such facility offers a course of training substan20 tially equivalent to the Police Corps training program de21 scribed in this subtitle.

22 (2) The Director may enter into contracts with indi23 viduals, institutions of learning, and government agencies

24 (including State and local police forces) to obtain the serv-
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1 ices of persons qualified to participate in and contribute

2 to the training process.

3 (3) The Director may enter into agreements with agen4 cies of the Federal Government to utilize on a reimbursable

5 basis space in Federal buildings and other resources.

6 (4) The Director may authorize such expenditures as

7 are necessary for the effective maintenance of the training

8 centers, including purchases of supplies, uniforms, and edu9 cational materials, and the provision of subsistence, quar10 ters, and medical care to participants.

11 (b) TRAINING SESSIONS.—A participant in a State

12 Police Corps program shall attend two 8-week training ses13 sions at a training center, one during the summer following

14 completion of sophomore year and one during the summer

15 following completion of junior year. If a participant enters

16 the program after sophomore year, the participant shall

17 complete 16 weeks of training at times determined by the

18 Director.

19 (c) FURTHER TRAINING.—The 16 weeks of State Police

20 Corps training authorized in this section is intended to

21 serve as basic law enforcement training but not to exclude

22 further training of participants by the State and local au23 thorities to which they will be assigned. Each State plan

24 approved by the Director under section 2717 shall include

25 assurances that following completion of a participant’s
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1 course of education each participant shall receive appro2 priate additional training by the State or local authority

3 to which the participant is assigned. The time spent by a

4 participant in such additional training, but not the time

5 spent in State Police Corps training, shall be counted to6 ward fulfillment of the participant’s 4-year service obliga7 tion.

8 (d) COURSE OF TRAINING.—The training sessions at

9 training centers established under this section shall be de10 signed to provide basic law enforcement training, including

11 vigorous physical and mental training to teach partici12 pants self-discipline and organizational loyalty and to im13 part knowledge and understanding of legal processes and

14 law enforcement.

15 (e) EVALUATION OF PARTICIPANTS.—A participant

16 shall be evaluated during training for mental, physical, and

17 emotional fitness, and shall be required to meet performance

18 standards prescribed by the Director at the conclusion of

19 each training session in order to remain in the Police Corps

20 program.

21 (f) STIPEND.—The Director shall pay participants in

22 training sessions a stipend of $250 a week during training.

23 SEC. 2716. SERVICE OBLIGATION.

24 (a) SWEARING IN.—Upon satisfactory completion of

25 the participant’s course of education and training program
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1 established in section 2715 and meeting the requirements

2 of the police force to which the participant is assigned, a

3 participant shall be sworn in as a member of the police

4 force to which the participant is assigned pursuant to the

5 State Police Corps plan, and shall serve for 4 years as a

6 member of that police force.

7 (b) RIGHTS AND RESPONSIBILITIES.—A participant

8 shall have all of the rights and responsibilities of and shall

9 be subject to all rules and regulations applicable to other

10 members of the police force of which the participant is a

11 member, including those contained in applicable agree12 ments with labor organizations and those provided by State

13 and local law.

14 (c) DISCIPLINE.—If the police force of which the par15 ticipant is a member subjects the participant to discipline

16 such as would preclude the participant’s completing 4 years

17 of service, and result in denial of educational assistance

18 under section 2713, the Director may, upon a showing of

19 good cause, permit the participant to complete the service

20 obligation in an equivalent alternative law enforcement

21 service and, if such service is satisfactorily completed, sec22 tion 2713(d)(1)(B)(iii) shall not apply.

23 (d) LAYOFFS.—If the police force of which the partici24 pant is a member lays off the participant such as would

25 preclude the participant’s completing 4 years of service, and
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1 result in denial of educational assistance under section

2 2713, the Director may permit the participant to complete

3 the service obligation in an equivalent alternative law en4 forcement service and, if such service is satisfactorily com5 pleted, section 2713(d)(1)(B)(iii) shall not apply.

6 SEC. 2717. STATE PLAN REQUIREMENTS.

7 A State Police Corps plan shall—

8 (1) provide for the screening and selection of

9 participants in accordance with the criteria set out in

10 section 2714;

11 (2) State procedures governing the assignment of

12 participants in the Police Corps program to State

13 and local police forces (no more than 10 percent of all

14 the participants assigned in each year by each State

15 to be assigned to a statewide police force or forces);

16 (3) provide that participants shall be assigned to

17 those geographic areas in which—

18 (A) there is the greatest need for additional

19 law enforcement personnel; and

20 (B) the participants will be used most effec21 tively;

22 (4) provide that to the extent consistent with

23 paragraph (3), a participant shall be assigned to an

24 area near the participant’s home or such other place

25 as the participant may request;
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1 (5) provide that to the extent feasible, a partici2 pant’s assignment shall be made at the time the par3 ticipant is accepted into the program, subject to

4 change—

5 (A) prior to commencement of a partici6 pant’s fourth year of undergraduate study, under

7 such circumstances as the plan may specify; and

8 (B) from commencement of a participant’s

9 fourth year of undergraduate study until comple10 tion of 4 years of police service by participant,

11 only for compelling reasons or to meet the needs

12 of the State Police Corps program and only with

13 the consent of the participant;

14 (6) provide that no participant shall be assigned

15 to serve with a local police force—

16 (A) whose size has declined by more than 5

17 percent since June 21, 1989; or

18 (B) which has members who have been laid

19 off but not retired;

20 (7) provide that participants shall be placed and

21 to the extent feasible kept on community and preven22 tive patrol;

23 (8) ensure that participants will receive effective

24 training and leadership;
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1 (9) provide that the State may decline to offer a

2 participant an appointment following completion of

3 Federal training, or may remove a participant from

4 the State Police Corps program at any time, only for

5 good cause (including failure to make satisfactory

6 progress in a course of educational study) and after

7 following reasonable review procedures stated in the

8 plan; and

9 (10) provide that a participant shall, while serv10 ing as a member of a police force, be compensated at

11 the same rate of pay and benefits and enjoy the same

12 rights under applicable agreements with labor organi13 zations and under State and local law as other police

14 officers of the same rank and tenure in the police

15 force of which the participant is a member.

16 SEC. 2718. ASSISTANCE TO STATES AND LOCALITIES EM17 PLOYING POLICE CORPS OFFICERS.

18 Each jurisdiction directly employing State Police

19 Corps participants during the 4-year term of service pre20 scribed by section 2716 shall receive $10,000 on account of

21 each such participant at the completion of each such year

22 of service, but—

23 (1) no such payment shall be made on account

24 of service in any State or local police force—
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1 (A) whose average size, in the year for

2 which payment is to be made, not counting State

3 Police Corps participants assigned under section

4 2715, has declined more than 2 percent since

5 January 1, 1993; or

6 (B) which has members who have been laid

7 off but not retired; and

8 (2) no such payment shall be made on account

9 of any State Police Corps participant for years of

10 service after the completion of the term of service pre11 scribed in section 2716.

12 SEC. 2719. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized to be appropriated to carry out

14 this subtitle—

15 (1) $100,000,000 for fiscal year 1995 and

16 $250,000,000 for fiscal year 1996; and

17 (2) such sums as are necessary for each of the

18 fiscal years 1997, 1998, and 1999.

19 SEC. 2720. REPORTS TO CONGRESS.

20 (a) IN GENERAL.—Not later than April 1 of each year,

21 the Director shall submit a report to the Attorney General,

22 the President, the Speaker of the House of Representatives,

23 and the President of the Senate.

24 (b) CONTENTS.—A report under subsection (a) shall—
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1 (1) state the number of current and past partici2 pants in the State Police Corps program, broken

3 down according to the levels of educational study in

4 which they are engaged and years of service they have

5 served on police forces (including service following

6 completion of the 4-year service obligation);

7 (2) describe the geographic, racial, and gender

8 dispersion of participants in the State Police Corps

9 program; and

10 (3) describe the progress of the State Police

11 Corps program and make recommendations for

12 changes in the program.

13 Subtitle B—Law Enforcement

14 Scholarship Program

15 SEC. 2731. ALLOTMENT.

16 From amounts appropriated under section 2739, the

17 Director shall allot—

18 (1) 80 percent of such amounts to States on the

19 basis of the number of law enforcement officers in

20 each State compared to the number of law enforce21 ment officers in all States; and

22 (2) 20 percent of such amounts to States on the

23 basis of the shortage of law enforcement personnel and

24 the need for assistance under this subtitle in the State

25 compared to the shortage of law enforcement personnel
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1 and the need for assistance under this subtitle in all

2 States.

3 SEC. 2732. ESTABLISHMENT OF PROGRAM.

4 (a) USE OF ALLOTMENT.—

5 (1) IN GENERAL.—A State that receives an allot6 ment pursuant to section 2731 shall use the allotment

7 to pay the Federal share of the costs of—

8 (A) awarding scholarships to in-service law

9 enforcement personnel to enable such personnel to

10 seek further education; and

11 (B) providing—

12 (i) full-time employment in summer;

13 or

14 (ii) part-time (not to exceed 20 hours

15 per week) employment for a period not to

16 exceed 1 year.

17 (2) EMPLOYMENT.—The employment described

18 in paragraph (1)(B)—

19 (A) shall be provided by State and local law

20 enforcement agencies for students who are juniors

21 or seniors in high school or are enrolled in an

22 institution of higher education and who dem23 onstrate an interest in undertaking a career in

24 law enforcement;
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1 (B) shall not be in a law enforcement posi2 tion; and

3 (C) shall consist of performing meaningful

4 tasks that inform students of the nature of the

5 tasks performed by law enforcement agencies.

6 (b) PAYMENTS; FEDERAL SHARE; NON-FEDERAL

7 SHARE.—

8 (1) PAYMENTS.—The Secretary shall pay to each

9 State that receives an allotment under section 2731

10 the Federal share of the cost of the activities described

11 in the application submitted pursuant to section

12 2735.

13 (2) FEDERAL SHARE.—The Federal share shall

14 not exceed 60 percent.

15 (3) NON-FEDERAL SHARE.—The non-Federal

16 share of the cost of scholarships and student employ17 ment provided under this subtitle shall be supplied

18 from sources other than the Federal Government.

19 (c) RESPONSIBILITIES OF DIRECTOR.—The Director

20 shall be responsible for the administration of the programs

21 conducted pursuant to this subtitle and shall, in consulta22 tion with the Assistant Secretary for Postsecondary Edu23 cation, issue rules to implement this subtitle.

24 (d) ADMINISTRATIVE EXPENSES.—A State that re25 ceives an allotment under section 2731 may reserve not
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1 more than 8 percent of the allotment for administrative

2 expenses.

3 (e) SPECIAL RULE.—A State that receives an allot4 ment under section 2731 shall ensure that each scholarship

5 recipient under this subtitle be compensated at the same

6 rate of pay and benefits and enjoy the same rights under

7 applicable agreements with labor organizations and under

8 State and local law as other law enforcement personnel of

9 the same rank and tenure in the office of which the scholar10 ship recipient is a member.

11 (f) SUPPLEMENTATION OF FUNDING.—Funds received

12 under this subtitle shall only be used to supplement, and

13 not to supplant, Federal, State, or local efforts for recruit14 ment and education of law enforcement personnel.

15 SEC. 2733. SCHOLARSHIPS.

16 (a) PERIOD OF AWARD.—Scholarships awarded under

17 this subtitle shall be for a period of 1 academic year.

18 (b) USE OF SCHOLARSHIPS.—Each individual award19 ed a scholarship under this subtitle may use the scholarship

20 for educational expenses at an institution of higher edu21 cation.

22 SEC. 2734. ELIGIBILITY.

23 (a) SCHOLARSHIPS.—A person shall be eligible to re24 ceive a scholarship under this subtitle if the person has been
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1 employed in law enforcement for the 2-year period imme2 diately preceding the date on which assistance is sought.

3 (b) INELIGIBILITY FOR STUDENT EMPLOYMENT.—A

4 person who has been employed as a law enforcement officer

5 is ineligible to participate in a student employment pro6 gram carried out under this subtitle.

7 SEC. 2735. STATE APPLICATION.

8 (a) IN GENERAL.—Each State desiring an allotment

9 under section 2731 shall submit an application to the Di10 rector at such time, in such manner, and accompanied by

11 such information as the Director may reasonably require.

12 (b) CONTENTS.—An application under subsection (a)

13 shall—

14 (1) describe the scholarship program and the stu15 dent employment program for which assistance under

16 this subtitle is sought;

17 (2) contain assurances that the lead agency will

18 work in cooperation with the local law enforcement li19 aisons, representatives of police labor organizations

20 and police management organizations, and other ap21 propriate State and local agencies to develop and im22 plement interagency agreements designed to carry out

23 this subtitle;

24 (3) contain assurances that the State will adver25 tise the scholarship assistance and student employ-
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1 ment it will provide under this subtitle and that the

2 State will use such programs to enhance recruitment

3 efforts;

4 (4) contain assurances that the State will screen

5 and select law enforcement personnel for participation

6 in the scholarship program under this subtitle;

7 (5) contain assurances that under such student

8 employment program the State will screen and select,

9 for participation in such program, students who have

10 an interest in undertaking a career in law enforce11 ment;

12 (6) contain assurances that under such scholar13 ship program the State will make scholarship pay14 ments to institutions of higher education on behalf of

15 persons who receive scholarships under this subtitle;

16 (7) with respect to such student employment pro17 gram, identify—

18 (A) the employment tasks that students will

19 be assigned to perform;

20 (B) the compensation that students will be

21 paid to perform such tasks; and

22 (C) the training that students will receive

23 as part of their participation in the program;
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1 (8) identify model curriculum and existing pro2 grams designed to meet the educational and profes3 sional needs of law enforcement personnel; and

4 (9) contain assurances that the State will pro5 mote cooperative agreements with educational and

6 law enforcement agencies to enhance law enforcement

7 personnel recruitment efforts in institutions of higher

8 education.

9 SEC. 2736. LOCAL APPLICATION.

10 (a) IN GENERAL.—A person who desires a scholarship

11 or employment under this subtitle shall submit an applica12 tion to the State at such time, in such manner, and accom13 panied by such information as the State may reasonably

14 require.

15 (b) CONTENTS.—An application under subsection (a)

16 shall describe—

17 (1) the academic courses for which a scholarship

18 is sought; or

19 (2) the location and duration of employment

20 that is sought.

21 (c) PRIORITY.—In awarding scholarships and provid22 ing student employment under this subtitle, each State shall

23 give priority to applications from persons who are—

24 (1) members of racial, ethnic, or gender groups

25 whose representation in the law enforcement agencies
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1 within the State is substantially less than in the pop2 ulation eligible for employment in law enforcement in

3 the State;

4 (2) pursuing an undergraduate degree; and

5 (3) not receiving financial assistance under the

6 Higher Education Act of 1965.

7 SEC. 2737. SCHOLARSHIP AGREEMENT.

8 (a) IN GENERAL.—A person who receives a scholarship

9 under this subtitle shall enter into an agreement with the

10 Director.

11 (b) CONTENTS.—An agreement described in subsection

12 (a) shall—

13 (1) provide assurances that the scholarship recip14 ient will work in a law enforcement position in the

15 State that awarded the scholarship in accordance

16 with the service obligation described in subsection (c)

17 after completion of the scholarship recipient’s aca18 demic courses leading to an associate, bachelor, or

19 graduate degree;

20 (2) provide assurances that the scholarship recip21 ient will repay the entire scholarship in accordance

22 with such terms and conditions as the Director shall

23 prescribe if the requirements of the agreement are not

24 complied with, unless the scholarship recipient—

25 (A) dies;
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1 (B) becomes physically or emotionally dis2 abled, as established by the sworn affidavit of a

3 qualified physician; or

4 (C) has been discharged in bankruptcy; and

5 (3) set forth the terms and conditions under

6 which the scholarship recipient may seek employment

7 in the field of law enforcement in a State other than

8 the State that awarded the scholarship.

9 (c) SERVICE OBLIGATION.—

10 (1) IN GENERAL.—Except as provided in para11 graph (2), a person who receives a scholarship under

12 this subtitle shall work in a law enforcement position

13 in the State that awarded the scholarship for a period

14 of 1 month for each credit hour for which funds are

15 received under the scholarship.

16 (2) SPECIAL RULE.—For purposes of satisfying

17 the requirement of paragraph (1), a scholarship recip18 ient shall work in a law enforcement position in the

19 State that awarded the scholarship for not less than

20 6 months but shall not be required to work in such

21 a position for more than 2 years.

22 SEC. 2738. DEFINITIONS.

23 For purposes of this subtitle—

24 (1) the term ‘‘Director’’ means the Director of the

25 Bureau of Justice Assistance;
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1 (2) the term ‘‘educational expenses’’ means ex2 penses that are directly attributable to—

3 (A) a course of education leading to the

4 award of an associate degree;

5 (B) a course of education leading to the

6 award of baccalaureate degree; or

7 (C) a course of graduate study following

8 award of a baccalaureate degree,

9 including the cost of tuition, fees, books, supplies, and

10 related expenses;

11 (3) the term ‘‘institution of higher education’’

12 has the meaning stated in the first sentence of section

13 1201(a) of the Higher Education Act of 1965 (20

14 U.S.C. 1141(a));

15 (4) the term ‘‘law enforcement position’’ means

16 employment as an officer in a State or local police

17 force or correctional institution; and

18 (5) the term ‘‘State’’ means a State of the United

19 States, the District of Columbia, the Commonwealth

20 of Puerto Rico, the Virgin Islands of the United

21 States, American Samoa, Guam, and the Common22 wealth of the Northern Mariana Islands.

23 SEC. 2739. AUTHORIZATION OF APPROPRIATIONS.

24 (a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—

25 There are authorized to be appropriated to carry out this
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1 subtitle $30,000,000 for each of fiscal years 1995, 1996,

2 1997, 1998, and 1999.

3 (b) USES OF FUNDS.—Of the funds appropriated

4 under subsection (a) for a fiscal year—

5 (1) 80 percent shall be available to provide schol6 arships described in section 2732(a)(1)(A); and

7 (2) 20 percent shall be available to provide em8 ployment described in sections 2732(a)(1)(B) and

9 2732(a)(2).

10 TITLE XXVIII—NATIONAL STALK11 ER AND DOMESTIC VIOLENCE

12 REDUCTION

13 SEC. 2801. AUTHORIZING ACCESS TO FEDERAL CRIMINAL

14 INFORMATION DATABASES.

15 (a) ACCESS.—The Attorney General shall amend exist16 ing regulations (published at 28 C.F.R. 20.33(a)) to author17 ize the dissemination of information from existing national

18 crime information databases, including the National Crime

19 Information Center and III (‘‘Triple I’’), to courts and

20 court personnel, civil or criminal, for use in domestic vio21 lence or stalking cases. Nothing in this subsection shall be

22 construed to permit any person or court access to criminal

23 history record information for any other purpose or for any

24 other civil case other than for use in a stalking or domestic

25 violence case.
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1 (b) ENTRY.—The Attorney General shall amend exist2 ing regulations to permit Federal and State criminal jus3 tice agencies, assigned to input information into national

4 crime information databases, to include arrests, warrants,

5 and orders for the protection of parties from stalking or

6 domestic violence, whether issued by a criminal, civil, or

7 family court. Such amendment shall include a definition

8 of criminal history information that covers warrants, ar9 rests, and orders for the protection of parties from stalking

10 or domestic violence. Nothing in this subsection shall be con11 strued to permit access to such information for any purpose

12 which is different than the purposes described in subsection

13 (a).

14 (c) PROCEDURES.—The regulations required by sub15 section (a) shall be proposed no later than 90 days after

16 the date of enactment of this Act, after appropriate con17 sultation with the Director of the Federal Bureau of Inves18 tigation, the officials charged with managing the National

19 Crime Information Center, and the National Crime Infor20 mation Center Advisory Policy Board. Final regulations

21 shall be issued no later than 180 days after the date of the

22 enactment of this Act.

23 SEC. 2802. NONSERIOUS OFFENSE BAR.

24 The Attorney General shall amend existing regulations

25 to specify that the term ‘‘nonserious offenses’’, as used in
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1 28 C.F.R. 20.32, does not include stalking or domestic vio2 lence offenses. Nothing in this section is intended to change

3 current regulations requiring that juvenile offenses shall be

4 excluded from national crime information databases unless

5 the juvenile has been tried as an adult.

6 SEC. 2803. PERFORMANCE GRANT PROGRAM.

7 (a) IN GENERAL.—The Attorney General, through the

8 Director of the Bureau of Justice Assistance, is authorized

9 to provide performance grants to the States to improve

10 processes for entering data about stalking and domestic vio11 lence into national crime information databases.

12 (b) ELIGIBILITY.—Eligible grantees under subsection

13 (a) are States that provide, in their application, that all

14 criminal justice agencies within their jurisdiction shall

15 enter into the National Crime Information Center all

16 records of (1) warrants for the arrest of persons violating

17 civil protection orders intended to protect victims from

18 stalking or domestic violence; (2) arrests of persons violat19 ing civil protection orders intended to protect victims from

20 stalking or domestic violence; and (3) orders for the protec21 tion of persons from violence, including stalking and domes22 tic violence.

23 (c) PERFORMANCE-BASED DISTRIBUTION.—Eligible

24 grantees under subsection (a) shall be awarded 25 percent

25 of their grant moneys upon application approval as ‘‘seed
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1 money’’ to cover start-up costs for the project funded by the

2 grant. Upon successful completion of the performance audit

3 provided in subsection (d), the grantees shall be awarded

4 the remaining sums in the grant.

5 (d) PERFORMANCE AUDIT.—Within 6 months after the

6 initial 25 percent of a grant is provided, the State shall

7 report to the Federal Bureau of Investigation and the Bu8 reau of Justice Assistance, the number of records included

9 in national crime information databases as a result of the

10 grant funding, including separate data for warrants, ar11 rests, and protective orders. If the State can show a substan12 tial increase in the number of records entered, then it shall

13 be eligible for the entire amount. However, the Director

14 shall suspend funding for an approved application if an

15 applicant fails to submit a 6 month performance report or

16 if funds are expended for purposes other than those set forth

17 under this title. Federal funds may be used to supplement,

18 not supplant, State funds.

19 (e) GRANT AMOUNT.—From amounts appropriated,

20 the amount of grants under subsection (a) shall be—

21 (1) $75,000 to each State; and

22 (2) that portion of the then remaining available

23 money to each State that results from a distribution

24 among the States on the basis of each State’s popu25 lation in relation to the population of all States.
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1 SEC. 2804. APPLICATION REQUIREMENTS.

2 The application requirements provided in section 513

3 of the Omnibus Crime Control and Safe Streets Act of 1968

4 (42 U.S.C. 3711 et seq.) shall apply to grants made under

5 this title. In addition, applications shall include docu6 mentation showing—

7 (1) the need for grant funds and that State fund8 ing does not already cover these operations;

9 (2) intended use of the grant funds, including a

10 plan of action to increase record input; and

11 (3) an estimate of expected results from the use

12 of the grant funds.

13 SEC. 2805. DISBURSEMENT.

14 (a) GENERAL RULE.—No later than 30 days after the

15 receipt of an application under this title, the Director shall

16 either disburse the appropriate sums provided for under

17 this title or shall inform the applicant why the application

18 does not conform to the terms of section 513 of the Omnibus

19 Crime Control and Safe Streets Act of 1968 or to the re20 quirements of section 2804 of this title.

21 (b) REGULATIONS.—In disbursing moneys under this

22 title, the Director of the Bureau of Justice Assistance shall

23 issue regulations to ensure that grantees give priority to

24 the areas with the greatest showing of need.
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1 SEC. 2806. FEDERAL NONMONETARY ASSISTANCE.

2 In addition to the assistance provided under the per3 formance grant program, the Attorney General may direct

4 any Federal agency, with or without reimbursement, to use

5 its authorities and the resources granted to it under Federal

6 law (including personnel, equipment, supplies, facilities,

7 and managerial, technical, and advisory services) in sup8 port of State and local law enforcement efforts to combat

9 stalking and domestic violence.

10 SEC. 2807. AUTHORIZATION.

11 There are authorized to be appropriated for each of

12 the fiscal years 1994, 1995, and 1996, $2,000,000 to carry

13 out the purposes of the Performance Grant Program under

14 this title.

15 SEC. 2808. TRAINING PROGRAMS FOR JUDGES.

16 The National Institute of Justice, in conjunction with

17 a nationally recognized nonprofit organization expert in

18 stalking and domestic violence cases, shall conduct training

19 programs for judges to ensure that any judge issuing an

20 order in stalking or domestic violence cases has all available

21 criminal history and other information, whether from State

22 or Federal sources.

23 SEC. 2809. RECOMMENDATIONS ON INTRASTATE COMMU24 NICATION.

25 The National Institute of Justice, after consulting a

26 nationally recognized nonprofit associations expert in data
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1 sharing among criminal justice agencies and familiar with

2 the issues raised in stalking and domestic violence cases,

3 shall recommend proposals about how State courts may in4 crease intrastate communication between family courts, ju5 venile courts, and criminal courts.

6 SEC. 2810. INCLUSION IN NATIONAL INCIDENT-BASED RE7 PORTING SYSTEM.

8 Not later than 2 years after the date of enactment of

9 this Act, the Attorney General, in coordination with the

10 Federal Bureau of Investigation and the States, shall com11 pile data regarding stalking civil protective orders and

12 other forms of domestic violence as part of the National In13 cident-Based Reporting System (NIBRS).

14 SEC. 2811. REPORT TO CONGRESS.

15 The Attorney General shall submit to the Congress an

16 annual report, beginning one year after the date of the en17 actment of this Act, that reports information on the inci18 dence of stalking and other forms of domestic violence, and

19 evaluates the effectiveness of State anti-stalking efforts and

20 legislation.

21 SEC. 2812. DEFINITIONS.

22 As used in this title—

23 (1) the term ‘‘national crime information

24 databases’’ refers to the National Crime Information
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1 Center and its incorporated criminal history

2 databases, including III (‘‘Triple I’’);

3 (2) the term ‘‘stalking’’ includes any conduct

4 that would, if proven, justify the issuance of an order

5 of protection under the stalking, or other, laws of the

6 State in which it occurred; and

7 (3) the term ‘‘domestic violence’’ includes any

8 conduct that would, if proven, justify the issuance of

9 an order of protection under the domestic violence, or

10 other, laws of the State in which it occurred.

11 TITLE XXIX—PROTECTING THE

12 PRIVACY OF INFORMATION IN

13 STATE MOTOR VEHICLE

14 RECORDS

15 SEC. 2901. SHORT TITLE.

16 This title may be cited as the ‘‘Driver’s Privacy

17 Protection Act of 1994’’.

18 SEC. 2902. PROHIBITION ON RELEASE AND USE OF CERTAIN

19 PERSONAL INFORMATION FROM STATE

20 MOTOR VEHICLE RECORDS.

21 (A) IN GENERAL.—Title 18, United States Code, is

22 amended by inserting after chapter 121 the following:
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1 ‘‘CHAPTER 123—PROHIBITION ON RE2 LEASE AND USE OF CERTAIN PER3 SONAL INFORMATION FROM STATE

4 MOTOR VEHICLE RECORDS

5 ‘‘§ 2721. Prohibition on release and use of certain per6 sonal information from State motor vehi7 cle records

8 ‘‘(a) IN GENERAL.—Except as provided in subsection

9 (b), a State department of motor vehicles, and any officer,

10 employee, or contractor, thereof, shall not knowingly dis11 close or otherwise make available to any person or entity

12 personal information about any individual obtained by the

13 department in connection with a motor vehicle record.

14 ‘‘(b) PERMISSIBLE USES.—Personal information re15 ferred to in subsection (a) of this section shall be disclosed

16 for paragraphs (1) and (2) to carry out the purpose of the

17 Automobile Information Disclosure Act, the Motor Vehicle

18 Information and Cost Saving Act, the National Traffic and

19 Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act

20 of 1992, and the Clean Air Act, and may be disclosed for

21 paragraphs (3) through (14), as follows:

22 ‘‘(1) For use by any Federal, State, or local

23 agency, including any court or law enforcement agen24 cy, in carrying out its functions, or any private per-
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1 son or entity acting on behalf of a Federal, State, or

2 local agency in carrying out its functions.

3 ‘‘(2) For use in connection with matters of motor

4 vehicle or driver safety and theft, motor vehicle emis5 sions, motor vehicle product alteration, recall or advi6 sory, and motor vehicle customer satisfaction.

7 ‘‘(3) For use in the normal course of business by

8 a legitimate business or its agents, employees, or con9 tractors, but only—

10 ‘‘(A) to verify the accuracy of personal in11 formation submitted by the individual to the

12 business or its agents, employees, or contractors;

13 and

14 ‘‘(B) if such information as so submitted is

15 not correct or is no longer correct, to obtain the

16 correct information, but only for the purposes of

17 preventing fraud by, pursuing legal remedies

18 against, or recovering on a debt or security in19 terest against, the individual.

20 ‘‘(4) For use in connection with any civil, crimi21 nal, administrative, or arbitral proceeding in any

22 Federal, State, or local court or agency or before any

23 self-regulatory body, including the service of process,

24 investigation in anticipation of litigation, and the

25 execution or enforcement of judgments and orders, or
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1 pursuant to an order of a Federal, State, or local

2 court.

3 ‘‘(5) For use in research activities, including

4 survey research, and for use in producing statistical

5 reports, provided that the personal information is not

6 published or redisclosed and provided that the per7 sonal information is not used to direct solicitations or

8 marketing offers at the individuals whose personal in9 formation is disclosed under this paragraph.

10 ‘‘(6) For use by any insurer or insurance sup11 port organization, or by a self-insured entity, or its

12 agents, employees, or contractors, in connection with

13 claims investigation activities, antifraud activities,

14 rating or underwriting.

15 ‘‘(7) For the purpose of providing notice to the

16 owners of towed or impounded vehicles.

17 ‘‘(8) For use by any licensed private investiga18 tive agency or licensed security service for any pur19 pose permitted under this subsection.

20 ‘‘(9) For use by an employer or its agent or in21 surer to obtain or verify information relating to a

22 holder of a commercial driver’s license that is re23 quired under the Commercial Motor Vehicle Safety

24 Act of 1986 (49 U.S.C. App. 2710 et seq.).
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1 ‘‘(10) For use in connection with the operation

2 of private toll transportation facilities.

3 ‘‘(11) For any other purpose in response to re4 quests for individual motor vehicle records if the

5 motor vehicle department has provided in a clear and

6 conspicuous manner to the individual to whom the

7 information pertains an opportunity to prohibit such

8 disclosures.

9 ‘‘(12) For bulk distribution for marketing or so10 licitations if the motor vehicle department has imple11 mented methods and procedures to ensure—

12 ‘‘(A) that individuals are provided an op13 portunity, in a clear and conspicuous manner,

14 to prohibit such disclosure; and

15 ‘‘(B) that the information will be used,

16 rented, or sold solely for bulk distribution for

17 marketing and solicitations, and that such solici18 tations will not be directed at those individuals

19 who have requested in a timely fashion that they

20 not be directed at them.

21 ‘Methods and procedures’ includes the motor vehicle

22 department’s use of a mail preference list to remove

23 from its records before bulk distribution the names

24 and personal information of those individuals who
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1 have requested that solicitations not be directed at

2 them.

3 ‘‘(13) For use by any requestor, if the requestor

4 demonstrates it has obtained the written consent of

5 the individual to whom the information pertains.

6 ‘‘(14) For any other purpose specifically author7 ized under the law of the State that holds the record,

8 if such purpose is related to the operation of a motor

9 vehicle or public safety.

10 ‘‘(c) RESALE OR REDISCLOSURE.—Any authorized re11 cipient of personal information may resell or redisclose the

12 information for any use permitted under subsection (b).

13 Any authorized recipient (except a recipient under sub14 sections (b) (11) or (12)) that resells or rediscloses personal

15 information covered by this title must keep for a period of

16 5 years records identifying each person or entity that re17 ceives information and the permitted purpose for which the

18 information will be used.

19 ‘‘(d) WAIVER PROCEDURES.—A State motor vehicle

20 department may establish and carry out procedures under

21 which the department or its agents, upon receiving a request

22 for personal information that does not fall within one of

23 the exceptions in subsection (b), may mail a copy of the

24 request to the individual about whom the information was

25 requested, informing such individual of the request, together
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1 with a statement to the effect that the information will not

2 be released unless the individual waives such individual’s

3 right to privacy under this section.

4 ‘‘§ 2722. Additional unlawful acts

5 ‘‘(a) PROCUREMENT FOR UNLAWFUL PURPOSE.—It

6 shall be unlawful for any person knowingly to obtain or

7 disclose personal information, from a motor vehicle record,

8 for any purpose not permitted under section 2721(b) of this

9 title.

10 ‘‘(b) FALSE REPRESENTATION.—It shall be unlawful

11 for any person to make false representation to obtain any

12 personal information from an individual’s motor vehicle

13 record.

14 ‘‘§ 2723. Criminal penalty

15 ‘‘Any person that knowingly violates this chapter shall

16 be fined under this title.

17 ‘‘§ 2724. Civil action

18 ‘‘(a) CAUSE OF ACTION.—A person who knowingly ob19 tains, discloses or uses personal information, derived from

20 a motor vehicle record, for a purpose not permitted under

21 this chapter shall be liable to the individual to whom the

22 information pertains, who may bring a civil action in a

23 United States district court.

24 ‘‘(b) REMEDIES.—The court may award—
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1 ‘‘(1) actual damages, but not less than liquidated

2 damages in the amount of $2,500;

3 ‘‘(2) punitive damages upon proof of willful or

4 reckless disregard of the law;

5 ‘‘(3) reasonable attorneys’ fees and other litiga6 tion costs reasonably incurred; and

7 ‘‘(4) such other preliminary and equitable relief

8 as the court determines to be appropriate.

9 ‘‘§ 2725. Definitions

10 ‘‘As used in this chapter—

11 ‘‘(1) the term ‘motor vehicle record’ means any

12 record that pertains to a motor vehicle operator’s per13 mit, motor vehicle title, motor vehicle registration, or

14 identification card issued by a department of motor

15 vehicles;

16 ‘‘(2) the term ‘personal information’ means in17 formation that identifies an individual, including an

18 individual’s photograph, social security number, driv19 er identification number, name, address (but not the

20 5-digit zip code), telephone number, and medical or

21 disability information, but such term does not include

22 information on vehicular accidents, driving viola23 tions, and driver’s status; and
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1 ‘‘(3) the term ‘person’ means an individual, or2 ganization or entity, but does not include a State or

3 agency thereof.’’.

4 (b) CLERICAL AMENDMENT.—The table of chapters at

5 the beginning of part I of title 18, United States Code, is

6 amended by adding at the end the following new item:

‘‘123. Prohibition on release and use of certain personal information from

State motor vehicle records ................................................ 2271’’

7 SEC. 2903. EFFECTIVE DATE.

8 This title shall take effect 3 years after the date of en9 actment. In the interim, personal information covered by

10 this title may be released consistent with State law or prac11 tice.

12 TITLE XXX—MISCELLANEOUS

13 Subtitle A—Display of Flags at Half

14 Staff

15 SEC. 3001. DISPLAY OF FLAGS AT HALF STAFF.

16 (a) PUBLIC LAW 87–726.—The first section of Public

17 Law 87–726 (36 U.S.C. 167) is amended—

18 (1) by striking ‘‘(2)’’ and inserting ‘‘(3)’’;

19 (2) by inserting after clause (1) the following

20 new clause: ‘‘(2) directing the officials of the Govern21 ment to display at half-staff the flag of the United

22 States on all Government buildings on such day, as

23 provided by section 3(m) of the Act of June 22, 1942

24 (Chapter 435; 56 Stat. 377; 36 U.S.C. 175),’’;
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1 (3) by striking ‘‘(3)’’ and inserting ‘‘(4)’’; and

2 (4) by inserting in paragraph (4) ‘‘, including

3 the display at half-staff of the flag of the United

4 States’’ after ‘‘activities’’.

5 (b) ACT OF JUNE 22, 1942.—Section 3(m) of the Act

6 of June 22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C.

7 175) is amended by inserting ‘‘The flag shall be flown at

8 half-staff on Peace Officers Memorial Day, unless that day

9 is also Armed Forces Day.’’ after ‘‘a Member of Congress.’’.

10 Subtitle B—Sense of Congress With

11 Respect to Violence Against

12 Truckers

13 SEC. 3005. SENSE OF CONGRESS WITH RESPECT TO VIO14 LENCE AGAINST TRUCKERS.

15 (a) FINDINGS.—Congress finds that—

16 (1) there are 8,000,000 workers in the trucking

17 industry in the United States, some working for large

18 carriers and some for small carriers, some for private

19 carriers and some owner operators, all assisting the

20 free flow commerce by transporting all types of com21 modities that enter, leave, or move within this coun22 try;

23 (2) unemployment, crime, and drug use have

24 contributed to an increase of violence against com-
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1 mercial truckers, an increase that has gone unrecog2 nized by the public at large;

3 (3) few State or local authorities report violent

4 crimes against truckers as such to the Federal Bureau

5 of Investigation, statistics do not reflect this fast6 growing and increasingly violent segment of crime;

7 (4) the Federal Bureau of Investigation inves8 tigated 282 truck hijackings involving crimes of vio9 lence in 1993, not including attempted crimes and

10 crimes addressed by State, county, and local authori11 ties;

12 (5) the Federal Government in large measure fi13 nances the highway system the trucking industry

14 uses, collecting large sums in taxes from the industry,

15 and licenses and regulates the industry and its driv16 ers, entailing a concomitant responsibility to protect

17 them against crime; and

18 (6) Federal law provides protections to truckers

19 in among others, sections 33 and 1951 of title 18,

20 United States Code, but currently Federal prosecu21 tions are not undertaken unless certain monetary

22 thresholds of loss are met.

23 (b) SENSE OF CONGRESS.—It is the sense of Congress

24 that—
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1 (1) when there is Federal jurisdiction, Federal

2 authorities should prosecute to the fullest extent of the

3 law murders, rapes, burglaries, kidnappings and as4 saults committed against commercial truckers; and

5 (2) appropriate Federal agencies should acknowl6 edge this problem and place a priority on evaluating

7 how best to prevent these crimes and apprehend those

8 involved, and continue to coordinate their activities

9 with multi-jurisdictional authorities to combat violent

10 crimes committed against truckers.

11 Subtitle C—Financial Institution

12 Fraud

13 SEC. 3011. FINANCIAL INSTITUTION FRAUD.

14 Section 528 of Public Law 101–509, approved Novem15 ber 5, 1990, is amended by striking ‘‘with the authority

16 of the Resolution Trust Corporation or its successor’’ at the

17 end of subsection (b)(2) and inserting ‘‘on December 31,

18 2004’’.

19 Subtitle D—Authorization of

20 Appropriations

21 SEC. 3016. AUTHORIZATION OF APPROPRIATIONS.

22 There is authorized to be appropriated for the activi23 ties of the Bureau of Alcohol, Tobacco and Firearms, the

24 United States Customs Service, the Financial Crimes En25 forcement Network, the Federal Law Enforcement Training
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1 Center, the Criminal –Investigation Division of the Inter2 nal Revenue Service, and the United States Secret Service,

3 in addition to sums authorized elsewhere in this Act, not

4 to exceed $210,000,000 for each of the fiscal years 1995,

5 1996, 1997, 1998, and 1999 to help meet the Department

6 of the Treasury’s increased law enforcement activities.

7 Subtitle E—Conversion of Closed

8 Military Installations

9 SEC. 3021. CONVERSION OF THREE CLOSED MILITARY IN10 STALLATIONS INTO FEDERAL PRISON FACILI11 TIES.

12 (a) STUDY OF SUITABLE BASES.—The Secretary of

13 Defense and the Attorney General shall jointly conduct a

14 study of all military installations selected before the date

15 of the enactment of this Act to be closed pursuant to a base

16 closure law for the purpose of evaluating the suitability of

17 any of these installations, or portions of these installations,

18 for conversion into Federal prison facilities. As part of the

19 study, the Secretary and the Attorney General shall identify

20 the three military installations so evaluated that are most

21 suitable for conversion into Federal prison facilities.

22 (b) SUITABILITY FOR CONVERSION.—In evaluating the

23 suitability of a military installation for conversion into a

24 Federal prison facility, the Secretary of Defense and the

25 Attorney General shall consider the estimated cost to convert
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1 the installation into a prison facility, the proximity of the

2 installation to overcrowded Federal and State prison facili3 ties, and such other factors as the Secretary and the Attor4 ney General consider to be appropriate.

5 (c) TRANSFER TO ATTORNEY GENERAL.—Notwith6 standing any other provision of law regarding disposal of

7 military installations selected to be closed pursuant to a

8 base closure law, the Secretary of Defense shall transfer,

9 without reimbursement, jurisdiction over the three installa10 tions identified under subsection (a) to the Attorney Gen11 eral for conversion into Federal prison facilities. The Fed12 eral prison facilities established using these installations

13 shall be designed to incarcerate persons convicted of a Fed14 eral violent felony. Upon a space available basis, the Attor15 ney General may accept transfers from overcrowded State

16 prisons if the persons to be transferred had previously been

17 convicted of a Federal violent felony or are serving a sen18 tence of more than 20 years.

19 (d) TIME FOR STUDY.—The study required by sub20 section (a) shall be completed not later than 180 days after

21 the date of the enactment of this Act.

22 (e) DEFINITIONS.—For purpose of this section:

23 (1) The term ‘‘base closure law’’ means—
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1 (A) The Defense Base Closure and Realign2 ment Act of 1990 (part A of title XXIX of Public

3 Law 101–510; 10 U.S.C. 2687 note); or

4 (B) Title II of the Defense Authorization

5 Amendments and Base Closure and Realignment

6 Act (Public Law 100–526; 10 U.S.C. 2687 note).

7 (2) The term ‘‘violent felony’’ has the meaning

8 given that term in section 3581(c)(2) of title 18,

9 United States Code.

10 SUBTITLE F—COMMISSION MEM11 BERSHIP AND APPOINTMENT

12 SEC. 3026. COMMISSION MEMBERSHIP AND APPOINTMENT.

13 (a) MEMBERSHIP.—Section 211(B)(f) of Public Law

14 101–515 (104 Stat. 2123) is amended to read as follows:

15 ‘‘(a) NUMBER AND APPOINTMENT.—The Commission

16 shall be composed of 25 members as follows:

17 ‘‘(1) Seven individuals appointed from national

18 law enforcement organizations representing law en19 forcement officers, of whom—

20 ‘‘(A) two shall be appointed by the Speaker

21 of the House of Representatives;

22 ‘‘(B) two shall be appointed by the majority

23 leader of the Senate;

24 ‘‘(C) one shall be appointed by the minority

25 leader of the House of Representatives;
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1 ‘‘(D) one shall be appointed by the minority

2 leader of the Senate; and

3 ‘‘(E) one shall be appointed by the Presi4 dent.

5 ‘‘(2) Seven individuals appointed from national

6 law enforcement organizations representing law en7 forcement management, of whom—

8 ‘‘(A) two shall be appointed by the Speaker

9 of the House of Representatives;

10 ‘‘(B) two shall be appointed by the majority

11 leader of the Senate;

12 ‘‘(C) one shall be appointed by the minority

13 leader of the House of Representatives;

14 ‘‘(D) one shall be appointed by the minority

15 leader of the Senate; and

16 ‘‘(E) one shall be appointed by the Presi17 dent.

18 ‘‘(3) Two individuals appointed with academic

19 expertise regarding law enforcement issues, of

20 whom—

21 ‘‘(A) one shall be appointed by the Speaker

22 of the House of Representatives and the majority

23 leader of the Senate; and
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1 ‘‘(B) one shall be appointed by the minority

2 leader of the Senate and the minority leader of

3 the House of Representatives.

4 ‘‘(4) Two Members of the House of Representa5 tives, appointed by the Speaker and the minority

6 leader of the House of Representatives.

7 ‘‘(5) Two Members of the Senate, appointed by

8 the majority leader and the minority leader of the

9 Senate.

10 ‘‘(6) One individual involved in Federal law en11 forcement from the Department of the Treasury, ap12 pointed by the President.

13 ‘‘(7) One individual from the Department of

14 Justice, appointed by the President.

15 ‘‘(8) One individual representing a State or local

16 governmental entity, such as a Governor, mayor, or

17 State attorney general, to be appointed by the major18 ity leader of the Senate.

19 ‘‘(9) One individual representing a State or local

20 governmental entity, such as a Governor, mayor, or

21 State attorney general, to be appointed by the Speak22 er of the House of Representatives.

23 ‘‘(10) One individual representing a State or

24 local governmental entity, such as a Governor, mayor,
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1 or State attorney general, to be appointed by the

2 President.’’.

3 (b) REPORT.—Section 211(B)(p) of Public Law 101–

4 515 (104 Stat. 2124) is amended by striking ‘‘the expira5 tion’’ and all that follows through ‘‘this Act,’’ and inserting

6 ‘‘March 31, 1996,’’.

7 SEC. 3027. CONFORMING AMENDMENT.

8 Section 3404(a) of Public Law 101–647 (42 U.S.C.

9 3721 note) is repealed.

10 Subtitle G—Explosives Crime

11 Penalties

12 SEC. 3031. ENHANCED PENALTY FOR SECOND OFFENSE OF

13 USING AN EXPLOSIVE TO COMMIT A FELONY.

14 Pursuant to its authority under section 994 of title

15 28, United States Code, the United States Sentencing Com16 mission shall promulgate amendments to the sentencing

17 guidelines to appropriately enhance penalties in a case in

18 which a defendant convicted under section 844(h) of title

19 18, United States Code, has previously been convicted under

20 that section.

21 SEC. 3032. THEFT OF EXPLOSIVES.

22 Section 844 of title 18, United States Code, is amended

23 by adding at the end the following:

24 ‘‘(k) A person who steals any explosives materials

25 which are moving as, or are a part of, or which have moved
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1 in, interstate or foreign commerce shall be imprisoned for

2 not more than 10 years, fined under this title, or both.’’.

3 SEC. 3033. POSSESSION OF EXPLOSIVES BY FELONS AND

4 OTHERS.

5 Section 842(i) of title 18, United States Code, is

6 amended by inserting ‘‘or possess’’ after ‘‘to receive’’.

7 SEC. 3034. THEFT OF EXPLOSIVES FROM LICENSEE.

8 Section 844 of title 18, United States Code, as amend9 ed by section 3032 of this Act, is amended by adding at

10 the end the following:

11 ‘‘(l) A person who steals any explosive material from

12 a licensed importer, licensed manufacturer, licensed dealer,

13 or permittee shall be fined under this title, imprisoned not

14 more than 10 years, or both.’’.

15 SEC. 3035. DISPOSING OF EXPLOSIVES TO PROHIBITED

16 PERSONS.

17 Section 842(d) of title 18, United States Code, is

18 amended by striking ‘‘licensee’’ and inserting ‘‘person’’.

19 Subtitle H—Traveler Protection

20 SEC. 3041. AUTHORITY TO INVESTIGATE VIOLENT CRIMES

21 AGAINST TRAVELERS .

22 (a) Chapter 33 of title 28, United States Code, is

23 amended by adding at the end the following:
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1 ‘‘§ 540A. Investigation of violent crimes against travel2 ers

3 ‘‘(a) Upon the request of an appropriate law enforce4 ment official of a State or political subdivision, the Attor5 ney General and the Federal Bureau of Investigation may

6 assist in the investigation of a felony crime of violence in

7 violation of the law of any State in which the victim ap8 pears to have been selected because he or she is a traveler.

9 In a case in which the traveler is from a foreign nation,

10 the Department of Justice and, where appropriate, the De11 partment of State shall assist the prosecuting and law en12 forcement officials of a State or political subdivision to the

13 fullest extent possible in securing from abroad such evidence

14 or other information as may be needed for the effective in15 vestigation and prosecution of the crime.

16 ‘‘(b) For purpose of this section—

17 ‘‘(1) the term ‘felony crime of violence’ means an

18 offense punishable by more than one year in prison

19 that has as an element the use, attempted use, or

20 threatened use of physical force against the person of

21 another;

22 ‘‘(2) and for purposes of section 540, the term

23 ‘State’ means a State of the United States, the Dis24 trict of Columbia, and any commonwealth, territory,

25 or possession of the United States; and
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1 ‘‘(3) the term ‘traveler’ means a person who is

2 not a resident of the State in which the crime of vio3 lence occurred.’’.

4 (b) The chapter analysis for chapter 33 of title 28,

5 United States Code, is amended by adding at the end the

6 following:

‘‘540A. Investigation of violence crimes against travelers.’’.

7 Subtitle I—Study and Report by

8 Attorney General

9 SEC. 3046. STUDY AND REPORT BY ATTORNEY GENERAL.

10 (a) IN GENERAL.—Not later than 180 days after the

11 date of the enactment of this section, the Attorney General

12 shall make a study and submit a report of the results of

13 that study to the Congress. Such study shall—

14 (1) address how to ease the overcrowding at tra15 ditional style prisons by allowing for the processing

16 of new convicts and the housing of non-violent, elder17 ly, and short-term Federal, State, and local inmates

18 in prefabricated, temporary, or portable structures

19 within a secure area; and

20 (2) determine what legal requirements may exist

21 on the use of such structures for these purposes and

22 suggest legislative measures or other appropriate ac23 tions to modify or eliminate those requirements.

24 (b) ACTION BY THE ATTORNEY GENERAL.—Not later

25 than 2 years after the report referred to in subsection (a)
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1 is submitted to the Congress, the Attorney General shall im2 plement the actions recommended in the report.

3 Subtitle J—Edward Byrne

4 Memorial Formula Grant Program

5 SEC. 3048. EDWARD BYRNE MEMORIAL FORMULA GRANT

6 PROGRAM.

7 Nothing in this Act shall be construed to prohibit or

8 exclude the expenditure of appropriations to grant recipi9 ents who would have been or are eligible to receive grants

10 under subpart 1 of part E of the Omnibus Crime Control

11 and Safe Streets Act of 1968.

12 Subtitle K—Penalties for Traffick13 ing in Counterfeit Goods and

14 Services

15 SEC. 3051. PENALTIES FOR TRAFFICKING IN COUNTERFEIT

16 GOODS AND SERVICES.

17 Section 2320(a) of title 18, United States Code, is

18 amended—

19 (1) in the first sentence—

20 (A) by striking ‘‘$250,000 or imprisoned

21 not more than five years’’ and inserting

22 ‘‘$2,000,000 or imprisoned not more than 10

23 years’’; and

24 (B) by striking ‘‘$1,000,000’’ and inserting

25 ‘‘$5,000,000’’;
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1 (2) in the second sentence—

2 (A) by striking ‘‘$1,000,000 or imprisoned

3 not more than fifteen years’ and inserting

4 ‘‘$5,000,000 or imprisoned not more than 20

5 years’’; and

6 (B) by striking ‘‘$5,000,000’’ and inserting

7 ‘‘$15,000,000’’.

8 Subtitle L—Military Medals and

9 Decorations

10 SEC. 3056. MILITARY MEDALS AND DECORATIONS.

11 Section 704 of title 18, United States Code, is amend12 ed—

13 (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’;

14 (2) by striking ‘‘not more than $250’’ and insert15 ing ‘‘under this title’’; and

16 (3) by adding at the end the following:

17 ‘‘(b)(1) If the decoration or medal involved in an of18 fense under subsection (a) of this section is a Congressional

19 Medal of Honor, in lieu of the punishment provided in such

20 subsection the offender shall be fined under this title or im21 prisoned not more than one year, or both.

22 ‘‘(2) As used in subsection (a) of this section with re23 spect to a Congressional Medal of Honor, the term ‘sells’

24 includes trades, barters, or exchanges for anything of value.
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1 ‘‘(3) As used in this subsection, the ‘Congressional

2 Medal of Honor’ is a medal awarded under section 3741

3 of title 10.’’.

4 Subtitle M—Age Discrimination in

5 Employment

6 SEC. 3061. REENACTMENT OF SUBSECTION WITH AN

7 AMENDMENT.

8 (a) REENACTMENT.—Section 4(j) of the Age Discrimi9 nation in Employment Act of 1967 (29 U.S.C. 623(j)) as

10 in effect immediately before December 31, 1993, is hereby

11 reenacted.

12 (b) AMENDMENT.—Section 4(j) of the Age Discrimina13 tion in Employment Act of 1967 (29 U.S.C. 623(j)), as re14 enacted by subsection (a) of this section, is amended by

15 striking ‘‘attained the age’’ and all that follows through

16 ‘‘1983, and’’, and inserting the following:

17 ‘‘attained—

18 ‘‘(A) the age of hiring or retirement in effect

19 under applicable State or local law on March 3,

20 1983; or

21 ‘‘(B) if the age of retirement was not in ef22 fect under applicable State or local law on

23 March 3, 1983, 55 years of age; and’’.

24 (c) RETROACTIVITY.—Subsections (a) and (b) shall

25 take effect immediately after the operation of section 3(b)
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1 of the Age Discrimination in Employment Amendments of

2 1986 (Public Law 99–592; 29 U.S.C. 523 note).

3 SEC. 3062. STUDY AND GUIDELINES FOR PERFORMANCE

4 TESTS.

5 (a) STUDY.—Not later than 3 years after the date of

6 enactment of this Act, the Chairman of the Equal Employ7 ment Opportunity Commission (in this section referred to

8 as ‘‘the Chairman’’) shall conduct, directly or by contract,

9 a study that will include—

10 (1) a list and description of all tests available

11 for the assessment of abilities important for comple12 tion of public safety tasks performed by law enforce13 ment officers and firefighters,

14 (2) a list of such public safety tasks for which

15 adequate tests do not exist,

16 (3) a description of the technical characteristics

17 that performance tests must meet to be compatible

18 with applicable Federal civil rights Acts and policies,

19 (4) a description of the alternative methods

20 available for determining minimally acceptable per21 formance standards on the tests described in para22 graph (1),

23 (5) a description of the administrative standards

24 that should be met in the administration, scoring,
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1 and score interpretation of the tests described in

2 paragraph (1), and

3 (6) an examination of the extent to which the

4 tests described in paragraph (1) are cost effective,

5 safe, and comply with Federal civil rights Acts and

6 regulations.

7 (b) ADVISORY GUIDELINES.—Not later than 4 years

8 after the date of enactment of this Act, the Chairman shall

9 develop and issue, based on the results of the study required

10 by subsection (a), advisory guidelines for the administra11 tion and use of physical and mental fitness tests to measure

12 the ability and competency of law enforcement officers and

13 firefighters to perform the requirements of their jobs.

14 (c) CONSULTATION REQUIREMENT; OPPORTUNITY FOR

15 PUBLIC COMMENT.—(1) The Chairman shall, during the

16 conduct of the study required by subsection (a), consult

17 with—

18 (A) the United States Fire Administration,

19 (B) the Federal Emergency Management Agency,

20 (C) organizations that represent law enforcement

21 officers, firefighters, and their employers, and

22 (D) organizations that represent older individ23 uals.
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1 (2) Before issuing the advisory guidelines required in

2 subsection (b), the Chairman shall allow for public comment

3 on the proposed guidelines.

4 (d) DEVELOPMENT OF STANDARDS FOR WELLNESS

5 PROGRAMS.—Not later than 2 years after the date of the

6 enactment of this Act, the Chairman shall propose advisory

7 standards for wellness programs for law enforcement officers

8 and firefighters.

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to carry out this section

11 $5,000,000.

12 Subtitle N—Prison Security

13 Enhancement

14 SEC. 3066. PRISON SECURITY.

15 (a) IN GENERAL.—Chapter 303 of title 18, United

16 States Code, is amended by adding at the end the following

17 new section:

18 ‘‘§ 4047. Strength-training of prisoners prohibited

19 ‘‘The Bureau of Prisons shall take care that—

20 ‘‘(1) prisoners under its jurisdiction do not en21 gage in any activities designed to increase their phys22 ical strength or their fighting ability; and

23 ‘‘(2) that all equipment designed for this purpose

24 be removed from Federal correctional facilities.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of chapter 303 of title 18, United States Code,

3 is amended by adding at the end the following new item:

‘‘4047. Strength-training of prisoners prohibited.’’.

4 Subtitle O—Civil Rights of

5 Institutionalized Persons Act

6 SEC. 3070. EXHAUSTION REQUIREMENT.

7 Section 8 of the Civil Rights of Institutionalized Per8 sons Act (42 U.S.C. 1997e) is amended—

9 (1) in subsection (a)—

10 (A) in paragraph (1)—

11 (i) by striking ‘‘in any action brought’’

12 and inserting ‘‘no action shall be brought’’;

13 (ii) by striking ‘‘the court shall’’ and

14 all that follows through ‘‘require exhaustion

15 of’’ and insert ‘‘until’’; and

16 (iii) by inserting ‘‘are exhausted’’ after

17 ‘‘available’’; and

18 (B) in paragraph (2), by inserting ‘‘or are

19 otherwise fair and effective’’ before the period at

20 the end.

21 SEC. 3071. FRIVOLOUS ACTIONS.

22 Section 8(a) of the Civil Rights of Institutionalized

23 Persons Act (42 U.S.C. 1997e(a)) is amended by adding

24 at the end the following:
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1 ‘‘(3) The court shall on its own motion or on mo2 tion of a party dismiss any action brought pursuant

3 to section 1979 of the Revised Statutes of the United

4 States by an adult convicted of a crime and confined

5 in any jail, prison, or other correctional facility if the

6 court is satisfied that the action fails to state a claim

7 upon which relief can be granted or is frivolous or

8 malicious.

9 SEC. 3072. MODIFICATION OF REQUIRED MINIMUM STAND10 ARDS.

11 Section 8(b)(2) of the Civil Rights of Institutionalized

12 Persons Act (42 U.S.C. 1997e(b)(2)) is amended by striking

13 subparagraph (A) and redesignating subparagraphs (B)

14 through (E) as subparagraphs (A) through (D), respec15 tively.

16 SEC. 3073. REVIEW AND CERTIFICATION PROCEDURE

17 CHANGES.

18 Section 8(c) of the Civil Rights of Institutionalized

19 Persons Act (42 U.S.C. 1997e(c)) is amended—

20 (1) in paragraph (1), by inserting ‘‘or are other21 wise fair and effective’’ before the period at the end;

22 and

23 (2) in paragraph (2), by inserting ‘‘or is no

24 longer fair and effective’’ before the period at the end.
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1 SEC. 3074. PROCEEDINGS IN FORMA PAUPERIS.

2 (a) DISMISSAL.—Section 1915(d) of title 28, United

3 States Code, is amended—

4 (1) by inserting ‘‘at any time’’ after ‘‘counsel

5 and may’’; and

6 (2) by striking ‘‘and may’’ and inserting ‘‘and

7 shall’’;

8 (3) by inserting ‘‘fails to state a claim upon

9 which relief may be granted or’’ after ‘‘that the ac10 tion’’; and

11 (4) by inserting ‘‘even if partial failing fees have

12 been imposed by the court’’ before the period.

13 (b) PRISONER’S STATEMENT OF ASSETS.—Section

14 1915 of title 28, United States Code, is amended by adding

15 at the end the following:

16 ‘‘(f) If a prisoner in a correctional institution files an

17 affidavit in accordance with subsection (a) of this section,

18 such prisoner shall include in that affidavit a statement

19 of all assets such prisoner possesses. The court shall make

20 inquiry of the correctional institution in which the prisoner

21 is incarcerated for information available to that institution

22 relating to the extent of the prisoner’s assets. The court shall

23 require full or partial payment of filing fees according to

24 the prisoner’s ability to pay.’’.
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1 Subtitle P—Prison Overcrowding

2 SEC. 3080. APPROPRIATE REMEDIES FOR PRISON OVER3 CROWDING.

4 (a) AMENDMENT OF TITLE 18, UNITED STATES

5 CODE.—Subchapter C of chapter 229 of title 18, United

6 States Code, is amended by adding at the end the following:

7 ‘‘§ 3626. Appropriate remedies with respect to prison

8 crowding

9 ‘‘(a) REQUIREMENT OF SHOWING WITH RESPECT TO

10 THE PLAINTIFF IN PARTICULAR.—

11 ‘‘(1) HOLDING.—A Federal court shall not hold

12 prison or jail crowding unconstitutional under the

13 eighth amendment except to the extent that an indi14 vidual plaintiff inmate proves that the crowding

15 causes the infliction of cruel and unusual punishment

16 of that inmate.

17 ‘‘(2) RELIEF.—The relief in a case described in

18 paragraph (1) shall extend no further than necessary

19 to remove the conditions that are causing the cruel

20 and unusual punishment of the plaintiff inmate.

21 ‘‘(b) INMATE POPULATION CEILINGS.—

22 ‘‘(1) REQUIREMENT OF SHOWING WITH RESPECT

23 TO PARTICULAR PRISONERS.—A Federal court shall

24 not place a ceiling on the inmate population of any

25 Federal, State, or local detention facility as an equi-
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1 table remedial measure for conditions that violate the

2 eighth amendment unless crowding is inflicting cruel

3 and unusual punishment on particular identified

4 prisoners.

5 ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1)

6 of this subsection shall not be construed to have any

7 effect on Federal judicial power to issue equitable re8 lief other than that described in paragraph (1) of this

9 subsection, including the requirement of improved

10 medical or health care and the imposition of civil

11 contempt fines or damages, where such relief is appro12 priate.

13 ‘‘(c) PERIODIC REOPENING.—Each Federal court

14 order or consent decree seeking to remedy an eighth amend15 ment violation shall be reopened at the behest of a defendant

16 for recommended modification at a minimum of 2-year

17 intervals.’’.

18 (b) APPLICATION OF AMENDMENT.—Section 3626 of

19 title 18, United States Code, as added by subsection a, shall

20 apply to all outstanding court orders on the date of enact21 ment of this Act. Any State or municipality shall be enti22 tled to seek modification of any outstanding eighth amend23 ment decree pursuant to that section.

24 (c) CLERICAL AMENDMENT.—The table of sections at

25 the beginning of subchapter C of chapter 229 of title 18,
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1 United States Code, is amended by adding at the end the

2 following new item:

‘‘3626. Appropriate remedies with respect to prison crowding.’’.

3 (d) SUNSET PROVISION.—This section and the amend4 ments made by this section are repealed effective as of the

5 date that is 5 years after the date of enactment of this Act.

6 Subtitle Q—Sense of Congress With

7 Respect to Child Pornography

8 SEC. 3083. CHILD PORNOGRAPHY.

9 (a) FINDINGS.—Congress finds that—

10 (1) child pornography is the permanent record of

11 the sexual abuse or exploitation of children;

12 (2) children who are victims of child pornog13 raphy often suffer severe physical and emotional

14 harm;

15 (3) child pornography is a serious national

16 problem;

17 (4) the Congress of the United States has a com18 pelling interest in the protection of children from sex19 ual abuse and exploitation by pornography (see New

20 York v. Ferber, 458 U.S. 747 (1982));

21 (5) the Congress of the United States, in pursuit

22 of this compelling interest, has taken every oppor23 tunity to strengthen child pornography laws and has,

24 in clear and unambiguous language, criminalized the
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1 production, interstate distribution, receipt and posses2 sion of child pornography;

3 (6) the United States Department of Justice in

4 its brief to the United States Supreme Court in the

5 case of Knox v. United States, 92–1183, has failed to

6 support the conviction of a child pornographer won

7 by the Department in the United States District

8 Court for the Middle District of Pennsylvania and af9 firmed on appeal in the United States Court of Ap10 peals for the Third Circuit;

11 (7) the Department of Justice has used its brief

12 in the Knox case as a vehicle for reinterpretation of

13 the Federal child pornography laws in contravention

14 to legislative history and past prosecution practices of

15 the Department of Justice;

16 (8) the Department of Justice by declaring in its

17 brief in the Knox case that a pornographer who las18 civiously exhibits the genitals of children is prosecut19 able within the Federal child pornography laws only

20 if the depictions show a minor engaged in the conduct

21 of lasciviously exhibiting his or her genitals or pubic

22 area, creates a federally protected class of child por23 nography; for example, child pornography involving

24 children who are not knowingly engaged in lasciv25 iously exhibiting their genitals or pubic areas but
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1 whose genitals or pubic areas are nonetheless lasciv2 iously depicted by others;

3 (9) the Department of Justice by declaring in its

4 brief in the Knox case in contravention to legislative

5 history, that a pornographer who lasciviously exhibits

6 the genital or pubic area of children is prosecutable

7 within the Federal child pornography laws only if the

8 genitals are nude or visible creates a federally pro9 tected class of child pornography, e.g. depictions

10 which focus on a minor child’s clothed genital or

11 pubic area with the obvious intent of eliciting a sex12 ual response in pedophiles;

13 (10) the plan meaning and congressional intent

14 of the language in section 2256 of title 18, United

15 States Code, is that the term ‘‘lascivious exhibition’’

16 refers to whether the depiction is intended to elicit a

17 sexual response from the viewer, and not to the ac18 tions of the child;

19 (11) the Department of Justice has employed this

20 meaning of the term ‘‘lascivious exhibition’’ since it

21 was included in the laws in 1984, and Congress has

22 not changed the meaning of the term;

23 (12) Congress specifically repudiated a ‘‘nudity’’

24 requirement for child pornography statutes (see Unit-
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1 ed States v. Knox, 977 F. 2d 815, at 820–823, (3rd

2 Cir., 1992));

3 (13) the ‘‘harm Congress attempted to eradicate

4 by enacting child pornography laws is present when

5 a photographer unnaturally focuses on a minor

6 child’s clothed genital area with the obvious intent to

7 produce an image sexually arousing to pedophiles.’’

8 (see Knox at 822); and

9 (14) the Congress of the United States believes

10 that the reinterpretation of the Federal child pornog11 raphy laws by Department of Justice, unless reversed,

12 will bring back commercial child pornography and

13 lead to a substantial increase of sexual exploitation of

14 children.

15 (b) SENSE OF CONGRESS.—It is the sense of the House

16 of Representatives that the Department of Justice repudiate

17 its reinterpretation of Federal child pornography laws, de18 fend the conviction won in lower courts in the Knox case,

19 and vigorously prosecute sexual exploitation of children.

20 Subtitle R—Labels on Products

21 SEC. 3086. PLACEMENT OF MADE IN AMERICA LABELS ON

22 PRODUCTS.

23 (a) REQUIREMENTS FOR USE OF LABELS.—No prod24 uct may bear a label which states or suggests that the prod25 uct was made in America unless—
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1 (1) the product has been registered with the De2 partment of Commerce under subsection (b); and

3 (2) the Secretary of Commerce has determined

4 that—

5 (A) 60 percent of the product was manufac6 tured in the United States; and

7 (B) final assembly of the product took place

8 in the United States.

9 (b) REGISTRY OF AMERICAN-MADE PRODUCTS.—Not

10 later than 12 months after the Secretary has promulgated

11 regulations regarding the registration of products with the

12 Department of Commerce under this section, a person shall

13 register with the Department of Commerce any product on

14 which there is or will be affixed a label which states or sug15 gests that the product was made in America.

16 (c) PENALTIES FOR FRAUDULENT USE OF LABELS.—

17 (1) CIVIL FINE.—Any person who, with an in18 tent to defraud or mislead, places on a product a

19 label which states or suggests that the product was

20 ‘‘made in America’’ in violation of this section may

21 be assessed a civil penalty by the Secretary of not

22 more than $100,000. The Secretary may issue an

23 order assessing such civil penalty only after notice

24 and an opportunity for an agency hearing on the
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1 record. The validity of such order may not be re2 viewed in an action to collect such civil penalty.

3 (2) INJUNCTIVE RELIEF.—The Secretary may

4 bring an action to enjoin the violation of, or to com5 pel compliance with, this section, whenever the Sec6 retary believes that such a violation has occurred or

7 is about to occur.

8 (d) REGULATIONS.—Not later than 12 months after the

9 date of the enactment of this Act, the Secretary shall pro10 mulgate regulations establishing procedures under which a

11 person shall register a product under this section.

12 (e) DEFINITIONS.—For purposes of this section:

13 (1) LABEL.—The term ‘‘label’’ means any writ14 ten, printed, or graphic matter on, or attached to, a

15 product or any of its containers or wrappers.

16 (2) SECRETARY.—The term ‘‘Secretary’’ means

17 the Secretary of Commerce.

18 Subtitle S—Awards of Pell Grants

19 to Prisoners Prohibited

20 SEC. 3089. AWARDS OF PELL GRANTS TO PRISONERS PRO21 HIBITED.

22 Section 401(b)(8) of the Higher Education Act of 1965

23 (20 U.S.C. 1070a(b)(8)) is amended to read as follows:
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1 ‘‘(8) No basic grant shall be awarded under this sub2 part to any individual who is incarcerated in any Federal

3 or State penal institution.’’.

4 SEC. 3090. EFFECTIVE DATE.

5 The amendment made by this Act shall apply with re6 spect to periods of enrollment beginning on or after the date

7 of enactment of this Act.

8 Subtitle T—Cocaine Penalty Study

9 SEC. 3092. COCAINE PENALTY STUDY.

10 Not later than December 31, 1994, the United States

11 Sentencing Commission shall submit a report to the Con12 gress on issues relating to sentences applicable to offenses

13 involving the possession or distribution of all forms of co14 caine. The report shall address the different penalty levels

15 which apply to different forms of cocaine, and include any

16 recommendations the Commission may have for retention

17 or modification of these differences in penalties.

18 Subtitle U—Inmate Rehabilitation

19 SEC. 3095. EDUCATION REQUIREMENT FOR EARLY RE20 LEASE.

21 Section 3624(b) of title 18, United States Code, is

22 amended—

23 (1) by inserting ‘‘(1)’’ after ‘‘behavior.—’’;

24 (2) by striking ‘‘Such credit toward service of

25 sentence vests at the time that it is received. Credit
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1 that has vested may not later be withdrawn, and

2 credit that has not been earned may not later be

3 granted.’’ and inserting ‘‘Credit that has not been

4 earned may not later be granted.’’; and

5 (3) by adding at the end the following:

6 ‘‘(2) Credit toward a prisoner’s service of sentence shall

7 not be vested unless the prisoner has earned a high school

8 diploma or an equivalent degree.

9 ‘‘(3) The Attorney General shall ensure that the Bu10 reau of Prisons has in effect an optional General Edu11 cational Development program for inmates who have not

12 earned a high school diploma or its equivalent.’’.

13 ‘‘(4) Exemptions to the General Educational Develop14 ment requirement may be made as deemed necessary by the

15 Director of the Federal Bureau of Prisons.’’.

Amend the title so as to read: ‘‘An Act entitled ‘The

Violent Crime Control and Law Enforcement Act of

1994’.’’.

Attest:

Clerk.

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