I

103D CONGRESS

2D SESSION H. R. 4033

To assist in the prevention of crime by initiating a comprehensive community

justice program.

IN THE HOUSE OF REPRESENTATIVES

MARCH 15, 1994

Mr. SCHUMER introduced the following bill; which was referred jointly to the

Committees on the Judiciary, Education and Labor, Energy and Commerce, Banking, Finance and Urban Affairs, and Government Operations

A BILL

To assist in the prevention of crime by initiating a

comprehensive community justice program.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Crime Prevention and

5 Community Justice Act of 1994’’.

6 TITLE I—MODEL INTENSIVE

7 GRANT PROGRAMS

8 SEC. 101. GRANT AUTHORIZATION.

9 (a) ESTABLISHMENT.—The Attorney General, who

10 may consult with the Secretary of Health and Human
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1 Services and the Secretary of Housing and Urban Devel2 opment, is authorized to award grants to not more than

3 15 chronic high intensive crime areas to develop com4 prehensive model crime prevention programs that—

5 (1) involve and utilize a broad spectrum of com6 munity resources, including nonprofit community or7 ganizations, law enforcement organizations, and ap8 propriate State and Federal agencies;

9 (2) attempt to relieve conditions that encourage

10 crime; and

11 (3) provide meaningful and lasting alternatives

12 to involvement in crime.

13 (b) PRIORITY.—In awarding grants described in sub14 section (a), the Attorney General shall give priority to pro15 posals that—

16 (1) are innovative in approach to the prevention

17 of crime in a specific area; and

18 (2) vary in approach to ensure that compari19 sons of different models may be made.

20 SEC. 102. USES OF FUNDS.

21 (a) IN GENERAL.—Funds awarded under this title

22 may be used only for purposes described in an approved

23 application. The intent of grants under this title is to fund

24 intensively comprehensive crime prevention programs in

25 chronic high intensive crime areas.
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1 (b) GUIDELINES.—The Attorney General shall issue

2 and publish in the Federal Register guidelines that de3 scribe suggested purposes for which funds under approved

4 programs may be used.

5 SEC. 103. PROGRAM REQUIREMENTS.

6 (a) DESCRIPTION.—An applicant shall include a de7 scription of the distinctive factors that contribute to

8 chronic violent crime within the area proposed to be served

9 by the grant. Such factors may include lack of alternative

10 activities and programs for youth, deterioration or lack of

11 public facilities, inadequate public services such as public

12 transportation, street lighting, community-based sub13 stance abuse treatment facilities, or employment services

14 offices, and inadequate police or public safety services,

15 equipment, or facilities.

16 (b) COMPREHENSIVE PLAN.—An applicant shall in17 clude a comprehensive, community-based plan to attack

18 intensively the principal factors identified in subsection

19 (a). Such plans shall describe the specific purposes for

20 which funds are proposed to be used and how each pur21 pose will address specific factors. The plan also shall speci22 fy how local nonprofit organizations, government agencies,

23 private businesses, citizens groups, volunteer organiza24 tions, and interested citizens will cooperate in carrying out

25 the purposes of the grant.
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1 (c) EVALUATION.—An applicant shall include an

2 evaluation plan by which the success of the plan will be

3 measured, including the articulation of specific, objective

4 indicia of performance, how the indicia will be evaluated,

5 and a projected timetable for carrying out the evaluation.

6 SEC. 104. APPLICATIONS.

7 To request a grant under this title the chief local

8 elected official of an area shall—

9 (1) prepare and submit to the Attorney General

10 an application in such form, at such time, and in ac11 cordance with such procedures, as the Attorney Gen12 eral shall establish; and

13 (2) provide an assurance that funds received

14 under this title shall be used to supplement, not sup15 plant, non-Federal funds that would otherwise be

16 available for programs funded under this title.

17 SEC. 105. REPORTS.

18 Not later than December 31, 1998, the Attorney

19 General shall prepare and submit to the Committees on

20 the Judiciary of the House and Senate an evaluation of

21 the model programs developed under this title and make

22 recommendations regarding the implementation of a na23 tional crime prevention program.

24 SEC. 106. DEFINITIONS.

25 For purposes of this title:
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1 (1) CHRONIC HIGH INTENSITY CRIME AREA.—

2 The term ‘‘chronic high intensity crime area’’ is an

3 area that meets criteria defined under regulations is4 sued by the Attorney General. The criteria adopted

5 by the Attorney General shall, at a minimum, define

6 areas with—

7 (A) consistently high rates of violent crime

8 as reported in the Federal Bureau of Investiga9 tion’s ‘‘Uniform Crime Reports’’, and

10 (B) chronically high rates of poverty as de11 termined by the Bureau of the Census.

12 (2) CHIEF LOCAL ELECTED OFFICIAL.—The

13 term ‘‘chief local elected official’’ means an official

14 designated under regulations issued the Attorney

15 General. The criteria used by the Attorney General

16 in promulgating such regulations shall ensure ad17 ministrative efficiency and accountability in the ex18 penditure of funds and execution of funded projects

19 under this title.

20 SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

21 There are authorized to be appropriated to carry out

22 this title $300,000,000 for each the fiscal years 1995,

23 1996, 1997, 1998, and 1999.
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1 TITLE II—OUNCE OF

2 PREVENTION GRANT PROGRAMS

3 Subtitle A—Ounce of Prevention

4 Grant Programs

5 SEC. 201. OUNCE OF PREVENTION COUNCIL.

6 (a) IN GENERAL.—(1) The Secretary of Health and

7 Human Services shall convene an interagency Task Force

8 to be known as the Ounce of Prevention Council, which

9 shall be chaired by the Attorney General, the Secretary

10 of Education, and the Secretary of Health and Human

11 Services, and which also shall include the Secretary of

12 Housing and Urban Development, the Secretary of Labor,

13 the Secretary of Agriculture, and the Director of the Of14 fice of National Drug Control Policy.

15 (2) The Council may employ any necessary staff to

16 carry out its functions.

17 (3) The Council may delegate any of its functions or

18 powers to a member or members of the Council.

19 (b) ADMINISTRATIVE RESPONSIBILITIES AND POW20 ERS.—The Council shall advise and counsel the Secretary

21 regarding administration of the programs established by

22 this title. In consultation with the Council, the Secretary

23 may issue regulations and guidelines to carry out this title,

24 including specifications concerning application require25 ments, selection criteria, duration and renewal of grants,
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1 evaluation requirements, matching funds, limitation of ad2 ministrative expenses, submission of reports by grantees,

3 recordkeeping by grantees, and access to books, records,

4 and documents maintained by grantees or other persons

5 for purposes of audit or examination.

6 (c) TARGETING OF ASSISTANCE FOR DISTRESSED

7 COMMUNITIES AND INDIVIDUALS WITH PARTICULAR

8 NEEDS.—In consultation with the Council, the Secretary

9 shall adopt regulations or guidelines to ensure that fund10 ing provided under this title shall be used primarily for—

11 (1) assistance in communities that are dis12 tressed as indicated by such factors as high

13 incidences of crime, juvenile delinquency, gang in14 volvement, substance abuse, unemployment, school

15 dropouts, or pregnancy among adolescents; and

16 (2) assistance for individuals in any area who

17 are particularly in need of the assistance for such

18 reasons as involvement in juvenile delinquency,

19 gangs, or substance abuse, unemployability, drop20 ping out of school, or pregnancy during adolescence,

21 or being at risk of such conditions.

22 SEC. 202. OUNCE OF PREVENTION GRANT PROGRAM.

23 (a) IN GENERAL.—The Secretary, on behalf of the

24 Council, may make grants to States, local governments,
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1 educational institutions, eligible coalitions, and other pub2 lic and private entities, for—

3 (1) summer and after-school (including weekend

4 and holiday education and recreation) programs;

5 (2) mentoring, tutoring, and other programs in6 volving participation by adult role models;

7 (3) programs assisting and promoting employ8 ability and job placement; and

9 (4) substance abuse treatment and prevention,

10 including outreach programs for at-risk families.

11 (b) PRIORITY.—In making such grants, the Secretary

12 shall give preference to eligible coalitions as defined in

13 subsection (c).

14 (c) DEFINITION.—For purposes of this section, the

15 term ‘‘eligible coalition’’ means an association, consisting

16 of at least 9 community-based and social service organiza17 tions, that have a coordinated team approach to reducing

18 gang membership and the effects of substance abuse, and

19 providing alternatives to at-risk youth.

20 SEC. 203. TECHNICAL ASSISTANCE, TRAINING, AND EVAL21 UATION.

22 (a) TECHNICAL ASSISTANCE AND TRAINING.—The

23 Secretary on behalf of the Council may provide technical

24 assistance and training in furtherance of the purposes of

25 this title.
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1 (b) EVALUATIONS.—In addition to any evaluation re2 quirements that may be prescribed for grantees, the Sec3 retary may carry out or make arrangements for evalua4 tions of programs that receive support under this title, in5 cluding assessments of the effectiveness of the programs

6 in reducing delinquency, gang involvement, substance

7 abuse, school drop-out rates, and adolescent pregnancy,

8 and in increasing employability and employment.

9 (c) ADMINISTRATION.—The technical assistance,

10 training, and evaluations authorized by this section may

11 be carried out directly by the Secretary, the Council or

12 any of its members, or through grants, contracts, or other

13 cooperative arrangements with other entities.

14 SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

15 (a) IN GENERAL.—There are authorized to be appro16 priated $150,000,000 for each of the fiscal years 1995

17 through 1999 to carry out the purposes of this title.

18 (b) ADDITIONAL AUTHORIZATIONS.—In addition to

19 the amounts authorized under subsection (a)—

20 (1) there are authorized to be appropriated

21 $100,000,000 for each of such fiscal years to carry

22 out the purposes of subtitle B; and

23 (2) there are authorized to be appropriated

24 $5,000,000 for each of such fiscal years for the ad-
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1 ministrative costs of the Council established under

2 subtitle A.

3 Subtitle B—Family and Community

4 Endeavor Schools Grant Program

5 SEC. 211. PROGRAM AUTHORITY.

6 (a) IN GENERAL.—

7 (1) ALLOCATIONS FOR STATES.—For a fiscal

8 year in which the sums reserved by the Secretary

9 from the amounts appropriated for this title to carry

10 out this section equal or exceed $20,000,000, the

11 Secretary shall allocate to community-based organi12 zations in each State, an amount bearing the same

13 ratio to such sums as the number of children in the

14 State who are from families with incomes below the

15 poverty line bears to the number of children in all

16 States who are from families with incomes below the

17 poverty line.

18 (2) GRANTS TO COMMUNITY-BASED ORGANIZA19 TIONS FROM ALLOCATIONS.—For such a fiscal year,

20 the Secretary may award grants from the appro21 priate State allocation determined under paragraph

22 (1) on a competitive basis to eligible community23 based organizations to pay for the Federal share of

24 assisting eligible communities to develop and carry

25 out programs in accordance with this section.
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1 (3) REALLOCATION.—If, at the end of such a

2 fiscal year, the Secretary determines that funds allo3 cated for community-based organizations in a State

4 remain unobligated, the Council may use such funds

5 to award grants to eligible community-based organi6 zations in another State to pay for such Federal

7 share. Amounts made available through such grants

8 shall remain available until expended.

9 (b) OTHER FISCAL YEARS.—For any fiscal year in

10 which the sums reserved by the Secretary from amounts

11 appropriated for this title to carry out this section are less

12 than $20,000,000, the Secretary may award grants on a

13 competitive basis to eligible community-based organiza14 tions to pay for the Federal share of assisting eligible com15 munities to develop and carry out programs in accordance

16 with this section.

17 SEC. 212. PROGRAM REQUIREMENTS.

18 (a) LOCATION.—A community-based organization

19 that receives a grant under this section to assist in carry20 ing out such a program shall ensure that the program is

21 carried out—

22 (1) where appropriate, in the facilities of a pub23 lic school; or

24 (2) in another appropriate local facility in a

25 State, such as a college or university, a local or
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1 State park or recreation center, church, or military

2 base, that is—

3 (A) in a location that is easily accessible to

4 children in the community; and

5 (B) in compliance with all applicable local

6 ordinances.

7 (b) USE OF FUNDS.—Such community-based organi8 zation—

9 (1) shall use funds made available through the

10 grant to provide, to children in the eligible commu11 nity, services and activities that—

12 (A) shall include supervised sports pro13 grams, and extracurricular and academic pro14 grams, that are offered—

15 (i) after school and on weekends and

16 holidays, during the school year; and

17 (ii) as daily full-day programs (to the

18 extent available resources permit) or as

19 part-day programs, during the summer

20 months;

21 (2) in providing such extracurricular and aca22 demic programs, shall provide programs such as cur23 riculum-based supervised educational programs,

24 work force preparation, entrepreneurship, cultural

25 programs, arts and crafts, and health programs,
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1 dance programs, tutorial and mentoring programs,

2 and other related activities;

3 (3) may use such funds—

4 (A) for the renovation of facilities that are

5 in existence prior to the operation of the pro6 gram for which the organization receives the

7 grant; and

8 (B) to develop or expand school programs

9 (including programs that provide a variety of

10 additional services to help meet the comprehen11 sive needs of students, such as homework as12 sistance and after-school programs (including

13 educational, social, and athletic activities), nu14 trition services, family counseling, and parental

15 training programs) that are designed to im16 prove academic and social development of at17 risk children by instituting a collaborative

18 structure that trains and coordinates the efforts

19 of teachers, administrators, social workers,

20 guidance counselors, parents, and school volun21 teers to provide concurrent social services for

22 at-risk students in the daily academic curricu23 lum at public schools in the eligible community;

24 and
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1 (4) may not use such funds to provide sectarian

2 worship or instruction.

3 SEC. 213. ELIGIBLE COMMUNITY IDENTIFICATION.

4 (a) IDENTIFICATION.—To be eligible to receive a

5 grant under this section, a community-based organization

6 shall identify an eligible community to be assisted under

7 this section.

8 (b) CRITERIA.—Such eligible community shall be an

9 area that meets such criteria with respect to significant

10 poverty and significant juvenile delinquency, and such

11 additional criteria, as the Secretary may by regulation

12 require.

13 SEC. 214. APPLICATIONS.

14 (a) APPLICATION REQUIRED.—To be eligible to re15 ceive a grant under this section, a community-based orga16 nization shall submit an application to the Secretary at

17 such time, in such manner, and accompanied by such in18 formation, as the Secretary may reasonably require, and

19 obtain approval of such application.

20 (b) CONTENTS OF APPLICATION.—Each application

21 submitted pursuant to paragraph (1) shall—

22 (1) describe the activities and services to be

23 provided through the program for which the grant is

24 sought;
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1 (2) contain an assurance that the community2 based organization will spend grant funds received

3 under this section in a manner that the community4 based organization determines will best accomplish

5 the objectives of this section;

6 (3) contain a comprehensive plan for the pro7 gram that is designed to achieve identifiable goals

8 for children in the eligible community;

9 (4) set forth measurable goals and outcomes for

10 the program that—

11 (A) will—

12 (i) where appropriate, make a public

13 school the focal point of the eligible com14 munity; or

15 (ii) make a local facility described in

16 section 212(a)(2) such a focal point; and

17 (B) may include reducing the percentage

18 of children in the eligible community that enter

19 the juvenile justice system, increasing the grad20 uation rates, school attendance, and academic

21 success of children in the eligible community,

22 and improving the skills of program partici23 pants;

24 (5) provide evidence of support for accomplish25 ing such goals and outcomes from—
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1 (A) community leaders;

2 (B) businesses;

3 (C) a school district;

4 (D) local officials;

5 (E) State officials; and

6 (F) other organizations that the commu7 nity-based organization determines to be appro8 priate;

9 (6) contain an assurance that the community10 based organization will use grant funds received

11 under this section to provide children in the eligible

12 community with activities and services that shall in13 clude supervised sports programs, and extra14 curricular and academic programs, in accordance

15 with section 212(b);

16 (7) contain a list of the activities and services

17 that will be offered through the program for which

18 the grant is sought and sponsored by private non19 profit organizations, individuals, and groups serving

20 the eligible community, including—

21 (A) extracurricular and academic pro22 grams, such as programs described in section

23 212(b)(2); and

24 (B) activities that address specific needs in

25 the community;
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1 (8) demonstrate the manner in which the com2 munity-based organization will make use of the re3 sources, expertise, and commitment of private enti4 ties in carrying out the program for which the grant

5 is sought;

6 (9) include an estimate of the number of chil7 dren in the eligible community expected to be served

8 pursuant to the program;

9 (10) include a description of charitable private

10 resources, and all other resources, that will be made

11 available to achieve the goals of the program;

12 (11) contain an assurance that the community13 based organization will use competitive procedures

14 when purchasing, contracting, or otherwise providing

15 for goods, activities, or services to carry out pro16 grams under this section;

17 (12) contain an assurance that the program will

18 maintain a staff-to-participant ratio that is appro19 priate to the activity or service provided by the

20 program;

21 (13) contain an assurance that the community22 based organization will comply with any evaluation

23 under section 219, any research effort authorized

24 under Federal law, and any investigation by the

25 Secretary;
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1 (14) contain an assurance that the community2 based organization shall prepare and submit to the

3 Secretary an annual report regarding any program

4 conducted under this section;

5 (15) contain an assurance that the program for

6 which the grant is sought will, to the maximum ex7 tent possible, incorporate services that are—

8 (A) provided by program volunteers, par9 ents, adult mentors, social workers, drug and

10 alcohol abuse counselors, teachers, or other per11 sons providing tutoring and college or voca12 tional preparation; and

13 (B) provided solely through non-Federal

14 private and nonprofit sources; and

15 (16) contain an assurance that the community16 based organization will maintain separate accounting

17 records for the program.

18 (c) PRIORITY.—In awarding grants to carry out pro19 grams under this section, the Secretary shall give priority

20 to community-based organizations who submit applica21 tions that demonstrate the greatest effort in generating

22 local support for the programs.

23 SEC. 215. ELIGIBILITY OF PARTICIPANTS.

24 (a) IN GENERAL.—To the extent possible, each child

25 who resides in an eligible community shall be eligible to
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1 participate in a program carried out in such community

2 that receives assistance under this section.

3 (b) EXCLUSION.—

4 (1) NONDISCRIMINATION.—Except as provided

5 in paragraph (2), in selecting children to participate

6 in a program that receives assistance under this sec7 tion, a community-based organization shall not dis8 criminate on the basis of race, color, religion, sex,

9 national origin, or disability.

10 (2) EXCEPTION.—In selecting children to par11 ticipate in a program that receives assistance under

12 this section, a community-based organization may

13 exclude a child from participation in such a program

14 if the organization determines that the child has be15 havior problems that pose an unacceptable risk of

16 injury or illness to other participants or has a phys17 ical or mental disability so serious that the child

18 would be unable to participate in the program with

19 reasonable accommodation.

20 (3) PARENTAL APPROVAL.—To be eligible to

21 participate in a program that receives assistance

22 under this section, a child shall provide the express

23 written approval of a parent or guardian, and shall

24 submit an official application that agrees to the
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1 terms and conditions of participation in the pro2 gram.

3 SEC. 216. PEER REVIEW PANEL.

4 (a) ESTABLISHMENT.—The Secretary shall establish

5 a peer review panel that shall be comprised of individuals

6 with demonstrated experience in designing and implement7 ing community-based programs.

8 (b) COMPOSITION.—Such panel shall include at least

9 1 representative from each of the following:

10 (1) A community-based organization.

11 (2) A local government.

12 (3) A school district.

13 (4) The private sector.

14 (5) A charitable organization.

15 (c) FUNCTIONS.—Such panel shall conduct the initial

16 review of all grant applications received by the Secretary

17 under section 214, make recommendations to the Sec18 retary regarding—

19 (1) grant funding under this section; and

20 (2) a design for the evaluation of programs as21 sisted under this section.

22 SEC. 217. INVESTIGATIONS AND INSPECTIONS.

23 The Secretary may conduct such investigations and

24 inspections as may be necessary to ensure compliance with

25 the provisions of this section.
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1 SEC. 218. FEDERAL SHARE.

2 (a) PAYMENTS, FEDERAL SHARE, NON-FEDERAL

3 SHARE.—

4 (1) PAYMENTS.—The Secretary shall, subject to

5 the availability of appropriations, pay to each com6 munity-based organization having an application ap7 proved under section 214 the Federal share of the

8 costs of developing and carrying out programs re9 ferred to in section 211.

10 (2) FEDERAL SHARE.—The Federal share of

11 such costs shall be 70 percent for each of the fiscal

12 years 1995, 1996, 1997, and 1998.

13 (b) NON-FEDERAL SHARE.—

14 (1) IN GENERAL.—The non-Federal share of

15 such costs may be in cash or in kind, fairly evalu16 ated, including plant, equipment, and services (in17 cluding the services described in section 214(b)(16).

18 (2) SPECIAL RULE.—At least 15 percent of the

19 non-Federal share of such costs shall be provided

20 from private or nonprofit sources.

21 SEC. 219. EVALUATION.

22 The Secretary shall conduct a thorough evaluation of

23 the programs assisted under this section, which shall in24 clude an assessment of—

25 (1) the number of children participating in each

26 program assisted under this section;
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1 (2) the academic achievement of such children;

2 (3) school attendance and graduation rates of

3 such children; and

4 (4) the number of such children being processed

5 by the juvenile justice system.

6 SEC. 220. DEFINITIONS.

7 As used in this subtitle:

8 (1) CHILD.—The term ‘‘child’’ means an indi9 vidual who is not younger than 5 and not older than

10 18.

11 (2) COMMUNITY-BASED ORGANIZATION.—The

12 term ‘‘community-based organization’’ means a pri13 vate, locally initiated community-based organization

14 that—

15 (A) is a nonprofit organization, as defined

16 in section 103(23) of the Juvenile Justice and

17 Delinquency Prevention Act of 1974 (42 U.S.C.

18 5603(23)); and

19 (B) is operated by a consortium of service

20 providers, consisting of representatives of 5 or

21 more of the following categories of persons:

22 (i) Residents of the community.

23 (ii) Business and civic leaders actively

24 involved in providing employment and busi-
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1 ness development opportunities in the com2 munity.

3 (iii) Educators and organizations of

4 learning (such as local education agencies).

5 (iv) Student organizations.

6 (v) Law enforcement agencies.

7 (vi) Public housing agencies.

8 (vii) State government.

9 (viii) Other public agencies.

10 (ix) Other interested parties.

11 (3) ELIGIBLE COMMUNITY.—The term ‘‘eligible

12 community’’ means an area identified pursuant to

13 section 220.

14 (4) POVERTY LINE.—The term ‘‘poverty line’’

15 means the income official poverty line (as defined by

16 the Office of Management and Budget, and revised

17 annually in accordance with section 673(2) of the

18 Community Services Block Grant Act (42 U.S.C.

19 9902(2)) applicable to a family of the size involved.

20 (5) PUBLIC SCHOOL.—The term ‘‘public

21 school’’ means a public elementary school, as defined

22 in section 1201(i) of the Higher Education Act of

23 1965 (20 U.S.C. 1141(i), and a public secondary

24 school, as defined in section 1201(d) of such Act.
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1 (6) STATE.—The term ‘‘State’’ means each of

2 the several States of the United States, the District

3 of Columbia, the Commonwealth of Puerto Rico, the

4 Commonwealth of the Northern Mariana Islands,

5 American Samoa, Guam, and the United States Vir6 gin Islands.

7 TITLE III—POLICE

8 PARTNERSHIP FOR CHILDREN

9 SEC. 301. DEFINITION.

10 As used in this title, ‘‘partnership’’ means a coopera11 tive arrangement or association involving one or more law

12 enforcement agencies, and one or more public or private

13 agencies that provide child or family services.

14 SEC. 302. GRANT AUTHORITY.

15 (a) PARTNERSHIP GRANTS.—The Attorney General,

16 in consultation with the Secretary of Health and Human

17 Services, may make grants to partnerships for—

18 (1) teams or units involving participants from

19 both the law enforcement and child or family serv20 ices components of the partnership that respond to

21 or deal with violent incidents in which a child is in22 volved as a perpetrator, witness, or victim, such as

23 teams or units that provide a 24-hour crisis response

24 or consultation service in relation to such incidents;
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1 (2) training for law enforcement officers re2 garding behavior, psychology, family systems, and

3 community culture and attitudes that is relevant to

4 dealing with children who are involved in violent in5 cidents or at risk of involvement in such incidents,

6 or with families of such children; and

7 (3) programs for children and families that are

8 designed jointly by the law enforcement and child or

9 family services components of the partnership, in10 cluding programs providing 24-hour response to cri11 sis situations affecting children and such other pro12 grams as programs that provide training in non13 violent conflict resolution, after-school activity and

14 neighborhood recreation programs, parent support

15 groups that are led jointly by child or family services

16 and law enforcement personnel, and mentoring

17 programs.

18 (b) GRANTS FOR POLICE RESIDENCE IN HIGH

19 CRIME AREAS.—The Attorney General, in consultation

20 with the Secretary of Housing and Urban Development,

21 may make grants to units of State or local government,

22 public housing authorities, owners of federally assisted

23 housing, and owners of housing in high crime areas in

24 order to provide dwelling units to law enforcement officers

25 without charge or at or substantially reduced rent for the
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1 purpose of providing greater security for residents of high

2 crime areas.

3 SEC. 303. ADMINISTRATION.

4 (a) USE OF COMPONENTS.—The Attorney General

5 may utilize any component or components of the Depart6 ment of Justice in carrying out this title.

7 (b) REGULATORY AUTHORITY.—The Attorney Gen8 eral may issue regulations and guidelines to carry out this

9 title, including specifications concerning application re10 quirements, selection criteria, duration and renewal of

11 grants, evaluation requirements, matching funds, limita12 tion of administrative expenses, submission of reports by

13 grantees, recordkeeping by grantees, and access to books,

14 records, and documents maintained by grantees or other

15 persons for purposes of audit or examination.

16 (c) APPLICATIONS.—In addition to any other require17 ments that may be specified by the Attorney General—

18 (1) an application for a grant under section

19 301(a) of this title shall—

20 (A) certify that the applicant is a partner21 ship as defined in section 301, or a law enforce22 ment agency or public or private child or family

23 services agency that is participating in a part24 nership and seeking support on behalf of the

25 partnership;
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1 (B) include a long-term strategy and de2 tailed implementation plan;

3 (C) certify that the Federal support pro4 vided under this title will be used to supple5 ment, and not supplant, State and local sources

6 of funding that would otherwise be available;

7 (D) identify any related governmental or

8 community initiatives which complement or will

9 be coordinated with the proposal; and

10 (E) specify plans for obtaining necessary

11 support and continuing the proposed program

12 following the conclusion of Federal support;

13 (2) an application for a grant under section

14 302(b) shall—

15 (A) certify that there has been appropriate

16 consultation with the employing agency of any

17 law enforcement officer who is to be provided

18 with a dwelling unit;

19 (B) identify any related governmental or

20 community initiatives which complement or will

21 be coordinated with the proposal;

22 (C) certify that the Federal support pro23 vided will be used to supplement, and not sup24 plant, State and local sources of funding that

25 would otherwise be available; and
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1 (D) provide assurances that local police of2 ficers will not be required to reside in resi3 dences funded under this title.

4 (d) MATCHING FUNDS.—The portion of the costs of

5 a program provided by a grant under this title may not

6 exceed 75 percent, unless the Attorney General waives,

7 wholly or in part, the requirement under this subsection

8 of a non-Federal contribution to the costs of a program.

9 (e) FUNDING PRIORITY.—In making grants under

10 section 302(a), the Attorney General shall give priority to

11 applications by partnerships involving law enforcement

12 agencies that engage in community-oriented policing for

13 programs assisting distressed communities or populations

14 with a high incidence of violence affecting children.

15 SEC. 304. TECHNICAL ASSISTANCE, TRAINING, AND EVAL16 UATION.

17 (a) TECHNICAL ASSISTANCE AND TRAINING.—The

18 Attorney General may provide technical assistance and

19 training to further the purposes of this title.

20 (b) EVALUATIONS.—In addition to any evaluation re21 quirements that may be prescribed for grantees, the Attor22 ney General may carry out or make arrangements for eval23 uations of programs that receive support under this title.

24 (c) ADMINISTRATION.—The technical assistance,

25 training, and evaluations authorized by this section may
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1 be carried out directly by the Attorney General, or through

2 grants, contracts, or other cooperative arrangements with

3 other entities.

4 SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

5 (a) IN GENERAL.—There are authorized to be appro6 priated $20,000,000 in fiscal year 1995, and such sums

7 as may be necessary in each of fiscal years 1996 through

8 1999 to carry out this title.

9 (b) LIMITATION.—Not more than 50 percent of the

10 funds made available in a fiscal year for this title may

11 be expended for grants under section 302(b).

12 TITLE IV—MIDNIGHT SPORTS

13 SEC. 401. GRANTS FOR MIDNIGHT SPORTS LEAGUE

14 ANTICRIME PROGRAMS.

15 (a) AUTHORITY.—The Attorney General of the

16 United States, in consultation with the Secretary of Hous17 ing and Urban Development, shall make grants, to the ex18 tent that amounts are approved in appropriations Acts

19 under subsection (k) to eligible entities to assist such enti20 ties in carrying out midnight sports league programs

21 meeting the 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)

2 of 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

11 grant under subsection (a) may not be made to an

12 eligible entity if the entity previously received a

13 grant under such subsection.

14 (c) USE OF GRANT AMOUNTS.—Any eligible entity

15 that receives a grant under subsection (a) may use the

16 grant 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 pro22 gram, except that not more than 5 percent of the

23 grant may be used for such administrative costs;

24 and
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1 (4) for costs of training and assistance provided

2 under subsection (d)(9).

3 (d) PROGRAM REQUIREMENTS.—Each eligible entity

4 receiving a grant under subsection (a) shall establish a

5 midnight sports league program as follows:

6 (1) The program shall establish a sports league

7 of not less than 8 teams having 10 players each.

8 (2) Not less than 50 percent of the players in

9 the sports league shall be residents of federally as10 sisted low-income housing.

11 (3) The program shall be designed to serve pri12 marily youths and young adults from a neighborhood

13 or community whose population has not less than 2

14 of the following characteristics (in comparison with

15 national averages):

16 (A) A substantial problem regarding use or

17 sale of illegal drugs.

18 (B) A high incidence of crimes committed

19 by youths or young adults.

20 (C) A high incidence of persons infected

21 with the human immunodeficiency virus or sex22 ually transmitted diseases.

23 (D) A high incidence of pregnancy, or a

24 high birth rate, among adolescents.
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1 (E) A high unemployment rate for youths

2 and young adults.

3 (F) A high rate of high school drop-outs.

4 (4) The program shall require each player in

5 the league to attend employment counseling, job

6 training, and other educational classes provided

7 under the program, which shall be held in conjunc8 tion with league sports games at or near the site of

9 the games.

10 (5) The program shall serve only youths and

11 young adults who demonstrate a need for such coun12 seling, training, and education provided by the pro13 gram, in accordance with criteria for demonstrating

14 need, which shall be established by the Attorney

15 General in consultation with the Secretary of Hous16 ing and Urban Development and the Secretary of

17 Labor, and with the Advisory Committee.

18 (6) The program shall obtain sponsors for each

19 team in the sports league. Sponsors shall be private

20 individuals or businesses in the neighborhood or

21 community served by the program who make finan22 cial contributions to the program and participate in

23 or supplement the employment, job training, and

24 educational services provided to the players under
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1 the program with additional training or educational

2 opportunities.

3 (7) The program shall comply with any criteria

4 established by the Attorney General in consultation

5 with the Secretary of Housing and Urban Develop6 ment and with the Advisory Committee.

7 (e) GRANT AMOUNT LIMITATIONS.—

8 (1) PRIVATE CONTRIBUTIONS.—The Attorney

9 General, in consultation with the Secretary of Hous10 ing and Urban Development, may not make a grant

11 under subsection (a) to an eligible entity that applies

12 for a grant under subsection (f) unless the applicant

13 entity certifies to the Attorney General and the Sec14 retary that the entity will supplement the grant

15 amounts with amounts of funds from non-Federal

16 sources, as follows:

17 (A) In each of the first 2 years that

18 amounts from the grant are disbursed (under

19 paragraph (5)), an amount sufficient to provide

20 not less than 35 percent of the cost of carrying

21 out the midnight sports league program.

22 (B) In each of the last 3 years that

23 amounts from the grant are disbursed, an

24 amount sufficient to provide not less than 50
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1 percent of the cost of carrying out the midnight

2 sports league program.

3 (2) NON-FEDERAL FUNDS.—For purposes of

4 this subsection, the term ‘‘funds from non-Federal

5 sources’’ includes amounts from nonprofit organiza6 tions, public housing agencies, States, units of gen7 eral local government, and Indian housing authori8 ties, private contributions, any salary paid to staff

9 (other than from grant amounts under subsection

10 (a)) to carry out the program of the eligible entity,

11 in-kind contributions to carry out the program (as

12 determined by the Attorney General, in consultation

13 with the Secretary of Housing and Urban Develop14 ment and with the Advisory Committee), the value

15 of any donated material, equipment, or building, the

16 value of any lease on a building, the value of any

17 utilities provided, and the value of any time and

18 services contributed by volunteers to carry out the

19 program of the eligible entity.

20 (3) PROHIBITION ON SUBSTITUTION OF

21 FUNDS.—Grants made under subsection (a), and

22 amounts provided by States and units of general

23 local government to supplement the grants, may not

24 be used to replace other public funds previously

25 used, or designated for use, under this section.
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1 (4) MAXIMUM AND MINIMUM GRANT

2 AMOUNTS.—The Attorney General, in consultation

3 with the Secretary of Housing and Urban Develop4 ment, may not make a grant under subsection (a) to

5 any single eligible entity in an amount less than

6 $50,000 or exceeding $125,000.

7 (5) DISBURSEMENT.—Each grant made under

8 subsection (a)(1) shall be disbursed to the eligible

9 entity receiving the grant over the 5-year period be10 ginning on the date that the entity is selected to re11 ceive the grant, as follows:

12 (A) In each of the first 2 years of such 5-

13 year period, 23 percent of the total grant

14 amount shall be disbursed to the entity.

15 (B) In each of the last 3 years of such 5-

16 year period, 18 percent of the total grant

17 amount shall be disbursed to the entity.

18 (f) APPLICATIONS.—To be eligible to receive a grant

19 under subsection (a), an eligible entity shall submit to the

20 Attorney General an application in the form and manner

21 required by the Attorney General (after consultation with

22 the Secretary of Housing and Urban Development and

23 with the Advisory Committee), which shall include—

24 (1) a description of the midnight sports league

25 program to be carried out by the entity, including a
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1 description of the employment counseling, job train2 ing, and other educational services to be provided;

3 (2) letters of agreement from service providers

4 to provide training and counseling services required

5 under subsection (d) and a description of such serv6 ice providers;

7 (3) letters of agreement providing for facilities

8 for sports games and counseling, training, and edu9 cational services required under subsection (d) and

10 a description of the facilities;

11 (4) a list of persons and businesses from the

12 community served by the program who have ex13 pressed interest in sponsoring, or have made com14 mitments to sponsor, a team in the midnight sports

15 league; and

16 (5) evidence that the neighborhood or commu17 nity served by the program meets the requirements

18 of subsection (d)(3).

19 (g) SELECTION.—The Attorney General, in consulta20 tion with the Secretary of Housing and Urban Develop21 ment and with the Advisory Committee, shall select eligi22 ble entities that submit applications under subsection (f)

23 to receive grants under subsection (a). The Attorney Gen24 eral, in consultation with the Secretary of Housing and

25 Urban Development and with the Advisory Committee,
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1 shall establish criteria for selection of applicants to receive

2 such grants. The criteria shall include a preference for se3 lection of eligible entities carrying out midnight sports

4 league programs in suburban and rural areas.

5 (h) REPORTS.—The Attorney General, in consulta6 tion with the Secretary of Housing and Urban Develop7 ment, shall require each eligible entity receiving a grant

8 under subsection (a) to submit for each year in which

9 grant amounts are received by the entity, a report describ10 ing the activities carried out with such amounts.

11 (i) STUDY.—To the extent amounts are provided

12 under appropriation Acts pursuant to subsection (k)(2),

13 the Attorney General, in consultation with the Secretary

14 of Housing and Urban Development, shall make a grant

15 to one entity qualified to carry out a study under this sub16 section. The entity shall use such grant to carry out a

17 scientific study of the effectiveness of midnight sports

18 league programs under subsection (d) of eligible entities

19 receiving grants under subsection (a). The Attorney Gen20 eral, in consultation with the Secretary of Housing and

21 Urban Development, shall require such entity to submit

22 a report describing the study and any conclusions and rec23 ommendations resulting from the study to the Congress

24 and the Attorney General and the Secretary not later than
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1 the expiration of the 2-year period beginning on the date

2 that the grant under this subsection is made.

3 (j) DEFINITIONS.—For purposes of this section—

4 (1) the term ‘‘eligible entity’’ means an entity

5 described under subsection (b)(1); and

6 (2) the term ‘‘federally assisted low-income

7 housing’’ has the meaning given the term in section

8 5126 of the Public and Assisted Housing Drug

9 Elimination Act of 1990.

10 (k) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated—

12 (1) for grants under subsection (a),

13 $10,000,000 in each of fiscal years 1995, 1996,

14 1997, 1998, and 1999; and

15 (2) for a study grant under subsection (i),

16 $250,000 in fiscal year 1995.

17 TITLE V—DRUG COURTS

18 SEC. 501. GRANT AUTHORITY.

19 The Attorney General may make grants to units of

20 State and local government, and to other public and pri21 vate entities, for programs that involve continuing judicial

22 supervision over specified categories of persons with sub23 stance abuse problems, and that involve the integrated ad24 ministration of other sanctions and services including—
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1 (1) testing for the use of controlled substances

2 or other addictive substances;

3 (2) substance abuse treatment;

4 (3) diversion, probation, or other supervised re5 lease involving the possibility of prosecution, confine6 ment, or incarceration based on noncompliance with

7 program requirements or failure to show satisfactory

8 progress; and

9 (4) programmatic or health related aftercare

10 services such as relapse prevention, education, voca11 tional training, job placement, housing placement,

12 and child care or other family support services.

13 SEC. 502. ADMINISTRATION.

14 (a) COLLABORATION.—The Attorney General may

15 consult or collaborate with the Secretary of Health and

16 Human Services and any other appropriate officials in car17 rying out this title.

18 (b) USE OF COMPONENTS.—The Attorney General

19 may utilize any component or components of the Depart20 ment of Justice in carrying out this title.

21 (c) REGULATORY AUTHORITY.—The Attorney Gen22 eral may issue regulations and guidelines to carry out this

23 title, including specifications concerning application re24 quirements, selection criteria, duration and renewal of

25 grants, evaluation requirements, matching funds, limita-
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1 tion of administrative expenses, submission of reports by

2 grantees, recordkeeping by grantees, and access to books,

3 records, and documents maintained by grantees or other

4 persons for purposes of audit or examination.

5 (d) APPLICATIONS.—In addition to any other require6 ments that may be specified by the Attorney General, an

7 application for a grant under this title shall—

8 (1) include a long-term strategy and detailed

9 implementation plan;

10 (2) explain the applicant’s inability to fund the

11 program adequately without Federal assistance;

12 (3) certify that the Federal support provided

13 will be used to supplement, and not supplant, State

14 and local sources of funding that would otherwise be

15 available;

16 (4) identify related governmental or community

17 initiatives which complement or will be coordinated

18 with the proposal;

19 (5) certify that there has been appropriate con20 sultation with all affected agencies, and that there

21 will be appropriate coordination with all affected

22 agencies in the implementation of the program;

23 (6) specify plans for obtaining necessary sup24 port and continuing the proposed program following

25 the conclusion of Federal support; and
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1 (7) describe the methodology that will be uti2 lized in evaluating the program.

3 SEC. 503. TECHNICAL ASSISTANCE, TRAINING, AND EVAL4 UATION.

5 (a) TECHNICAL ASSISTANCE AND TRAINING.—The

6 Attorney General may provide technical assistance and

7 training in furtherance of the purposes of this title.

8 (b) EVALUATIONS.—In addition to any evaluation re9 quirements that may be prescribed for grantees, the Attor10 ney General may carry out or make arrangements for eval11 uations of programs that receive support under this title.

12 (c) ADMINISTRATION.—The technical assistance,

13 training, and evaluations authorized by this section may

14 be carried out directly by the Attorney General, in collabo15 ration with the Secretary of Health and Human Services,

16 or through grants, contracts, or other cooperative arrange17 ments with other entities.

18 SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated

20 $280,000,000 in each of fiscal years 1995, 1996, 1997,

21 1998, and 1999 to carry out this title.
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1 TITLE VI—COMMUNITY YOUTH

2 ACADEMIES

3 SEC. 601. GRANT AUTHORITY.

4 (a) IN GENERAL.—The Attorney General may make

5 grants to qualified community organizations, States, or

6 units of local government to assist in meeting the costs

7 of developing and operating qualified instructional pro8 grams for juveniles who have been incarcerated under a

9 State or local juvenile justice system or for juveniles who

10 are determined by educational or other authorities to be

11 at-risk of violating criminal law. Such programs are to be

12 designed to provide the academic, moral, and social devel13 opment of juveniles to enable them to become independent,

14 responsible, and productive citizens.

15 (b) QUALIFIED COMMUNITY ORGANIZATIONS.—An

16 organization is a qualified community organization which

17 is eligible to receive a grant under subsection (a) if the

18 organization—

19 (1) is a non-profit organization; and

20 (2) has training and experience in—

21 (A) working with teachers, counselors, and

22 similar personnel;

23 (B) providing services to the community in

24 which the organization is located; and
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1 (C) developing other programs that con2 tribute to the community.

3 (c) INSTRUCTIONAL PROGRAM.—An instruction pro4 gram is a qualified instructional program for purposes of

5 a grant under subsection (a) if the program—

6 (1) will provide instruction for individuals of

7 the ages 12 to 18 who have been selected for inclu8 sion in the program by a committee which has been

9 selected by the organization for which such grant

10 will be made and which includes teachers, coun11 selors, and principals from the public school system

12 in the area in which the instruction will be provided,

13 (2) will provide, in addition to instruction, room

14 and board,

15 (3) will have as instructors teachers who have

16 been recruited by such community organization from

17 national service participants under the National and

18 Community Services Act of 1990 and other individ19 uals, and

20 (4) will have a curriculum—

21 (A) developed by community groups within

22 the area served by such community organiza23 tion,

24 (B) to provide an education for grades 7

25 through 12,
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1 (C) which will require the students to en2 gage in all the activities required to maintain

3 the facility in which such program will be pro4 vided, and

5 (D) which will include activities such as

6 music, art, athletics, drama, and photography,

7 and other appropriate extra-curricula activities.

8 (d) APPLICATIONS.—To qualify for a grant under

9 subsection (a), a qualified community organization shall

10 submit an application to the Attorney General in such

11 form as the Attorney General may prescribe. Such an ap12 plication shall include documentation from the applicant

13 showing—

14 (1) the need for the grant,

15 (2) the intended use of grant funds, and

16 (3) expected results from the use of grant

17 funds.

18 (e) ACTION BY THE ATTORNEY GENERAL.—Not later

19 than 60 days after the date an application for a grant

20 under subsection (a) is received, the Attorney General

21 shall—

22 (1) approve the application and disburse the

23 grant applied for; or

24 (2) disapprove the application and inform the

25 applicant that the application is not approved and
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1 provide the applicant with the reasons for the dis2 approval.

3 (f) GRANTEE REPORTING.—For each year a qualified

4 community organization receives a grant under subsection

5 (a), the community organization shall file a performance

6 report with the Attorney General explaining the activities

7 carried out with the grant funds and assessing the effec8 tiveness of such activities in meeting the purposes of the

9 organization’s instructional program.

10 SEC. 602. AUTHORIZATION OF APPROPRIATIONS.

11 For grants under section 601, there are authorized

12 to be appropriated $10,000,000 for each of the fiscal years

13 1995 through 1999.

14 TITLE VII—POLICE

15 RECRUITMENT

16 SEC. 701. GRANT AUTHORITY.

17 (a) IN GENERAL.—The Attorney General may make

18 grants to qualified community organizations to assist in

19 meeting the costs of qualified programs which are de20 signed to recruit and retain applicants of police depart21 ments.

22 (b) QUALIFIED COMMUNITY ORGANIZATIONS.—An

23 organization is a qualified community organization which

24 is eligible to receive a grant under subsection (a) if the

25 organization—
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1 (1) is a non-profit organization; and

2 (2) has training and experience in—

3 (A) working with a police department and

4 with teachers, counselors, and similar person5 nel,

6 (B) providing services to the community in

7 which the organization is located,

8 (C) developing and managing services and

9 techniques to recruit individuals to become

10 members of a police department and to assist

11 such individuals in meeting the membership re12 quirements of police departments,

13 (D) developing and managing services and

14 techniques to assist in the retention of appli15 cants to police departments, and

16 (E) developing other programs that con17 tribute to the community.

18 (c) QUALIFIED PROGRAMS.—A program is a qualified

19 program for which a grant may be made under subsection

20 (a) if the program is designed to recruit and train individ21 uals from underepresented neighborhoods and localities

22 and if—

23 (1) the overall design of the program is to re24 cruit 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

7 problems throughout the application process; and

8 (4) the program provides retention services to

9 assist in retaining individuals to stay in the applica10 tion process of a police department.

11 (d) APPLICATIONS.—To qualify for a grant under

12 subsection (a), a qualified organization shall submit an ap13 plication to the Attorney General in such form as the At14 torney 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

22 population to be served, including age, disabil23 ity, 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

7 shall consult with the police department which will be in8 volved 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)

17 in accordance with regulations of the Attorney General

18 which 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

22 on a geographic basis; and

23 (3) the needs of underserved populations are

24 recognized 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 ac8 tivities 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

14 report required by this subsection or uses the grant for

15 a purpose not authorized by this section.

16 (i) GUIDELINES.—The Attorney General shall, by

17 regulation, prescribe guidelines on content and results for

18 programs receiving a grant under subsection (a). Such

19 guidelines shall be designed to establish programs which

20 will be effective in training individuals to enter instruc21 tional programs for police departments and shall include

22 requirements 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. 702. AUTHORIZATION OF APPROPRIATIONS.

6 For grants under section 801 there are authorized

7 to be appropriated $6,000,000 for each of the fiscal years

8 1995 through 1999.

9 TITLE VIII—NATIONAL TRIAD

10 PROGRAM

11 SEC. 801. 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

18 of the Nation’s population;

19 (3) older Americans find themselves uniquely

20 situated in the society, environmentally and phys21 ically;

22 (4) many older Americans are experiencing in23 creased social isolation due to fragmented and dis24 tant familial relations, scattered associations, limited
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1 access to transportation, and other insulating

2 factors;

3 (5) physical conditions such as hearing loss,

4 poor eyesight, lessened agility, and chronic and de5 bilitating illnesses often contribute to a senior citi6 zen’s susceptibility to criminal victimization;

7 (6) older Americans are too frequently the vic8 tims of abuse and neglect, violent crime, property

9 crime, consumer fraud, medical quackery, and con10 fidence games;

11 (7) studies have found that older Americans

12 that are victims of violent crime are more likely to

13 be injured and require medical attention than are

14 younger victims;

15 (8) victimization data on crimes against older

16 Americans are incomplete and out of date, and data

17 sources are partial, scattered, and not easily

18 obtained;

19 (9) although a few studies have attempted to

20 define and estimate the extent of abuse and neglect

21 of older Americans, both in their homes and in insti22 tutional settings, many experts believe that abuse

23 and neglect crimes are substantially underreported

24 and undetected;
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1 (10) similarly, while some evidence suggests

2 that older Americans may be targeted in a range of

3 fraudulent schemes, neither the Uniform Crime Re4 port nor the National Crime Survey collects data on

5 individual- or household-level fraud;

6 (11) many law enforcement agencies do not

7 have model practices for responding to the criminal

8 abuse of older Americans;

9 (12) law enforcement officers and social service

10 providers come from different disciplines and fre11 quently bring different perspectives to the problem

12 of crimes against older Americans;

13 (13) the differences in approaches can inhibit a

14 genuinely effective response;

15 (14) there are a few efforts currently under way

16 that seek to forge partnerships to coordinate crimi17 nal justice and social service approaches to victim18 ization of older Americans;

19 (15) the Triad program, sponsored by the Na20 tional Sheriffs’ Association (NSA), the International

21 Association of Chiefs of Police (IACP), and the

22 American Association of Retired Persons (AARP), is

23 one such effort;

24 (16) the Assistant Secretary for Aging, as the

25 senior executive branch officer formulating older
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1 Americans policy, is an appropriate leader in efforts

2 to reduce violent crime against older Americans; and

3 (17) recognizing that older Americans have the

4 same fundamental desire as other members of our

5 society to live freely, without fear or restriction due

6 to the criminal element, the Federal Government

7 should seek to expand efforts to reduce crime

8 against this growing and uniquely vulnerable seg9 ment of our population.

10 SEC. 802. PURPOSES.

11 The purposes of this title are—

12 (1) to support a coordinated effort among law

13 enforcement, older Americans organizations, and so14 cial service agencies to stem the tide of violence

15 against older Americans and support media and

16 nonmedia strategies aimed at increasing both public

17 understanding of the problem and the older Ameri18 cans’ skills in preventing crime against themselves

19 and their property; and

20 (2) to address the problem of crime against

21 older Americans in a systematic and effective man22 ner by promoting and expanding collaborative crime

23 prevention programs, such as the Triad model, that

24 assist law enforcement agencies and older Americans

25 in implementing specific strategies for crime preven-
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1 tion, victim assistance, citizen involvement, and pub2 lic education.

3 SEC. 803. NATIONAL ASSESSMENT AND DISSEMINATION.

4 (a) IN GENERAL.—The Director of the National In5 stitute of Justice in consultation with the Assistant Sec6 retary for Aging shall conduct a qualitative and quan7 titative national assessment of—

8 (1) the nature and extent of crimes committed

9 against older Americans and the effect of such

10 crimes on the victims;

11 (2) the numbers, extent, and impact of violent

12 crimes and nonviolent crimes (such as frauds and

13 ‘‘scams’’) against older Americans and the extent of

14 unreported crimes;

15 (3) the collaborative needs of law enforcement,

16 health, and social service organizations, focusing on

17 prevention of crimes against older Americans, to

18 identify, investigate, and provide assistance to vic19 tims of those crimes; and

20 (4) the development and growth of strategies to

21 respond effectively to the matters described in para22 graphs (1), (2), and (3).

23 (b) MATTERS TO BE ADDRESSED.—The national as24 sessment made pursuant to subsection (a) shall address—
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1 (1) the analysis and synthesis of data from a

2 broad range of sources in order to develop accurate

3 information on the nature and extent of crimes

4 against older Americans, including identifying and

5 conducting such survey and other data collection ef6 forts as are needed and designing a strategy to keep

7 such information current over time;

8 (2) institutional and community responses to el9 derly victims of crime, focusing on the problems as10 sociated with fear of victimization, abuse of older

11 Americans, and hard-to-reach older Americans who

12 are in poor health, are living alone or without family

13 nearby, or living in high crime areas;

14 (3) special services and responses required by

15 elderly victims;

16 (4) whether the experience of older Americans

17 with some service organizations differs markedly

18 from that of younger populations;

19 (5) the kinds of programs that have proven use20 ful in reducing victimization of older Americans

21 through crime prevention activities and programs;

22 (6) the kinds of programs that contribute to

23 successful coordination among public sector agencies

24 and community organizations in reducing victimiza25 tion of older Americans; and
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1 (7) the research agenda needed to develop a

2 comprehensive understanding of the problems of

3 crimes against older Americans, including the

4 changes that can be anticipated in the crimes them5 selves and appropriate responses as the society in6 creasingly ages.

7 (c) AVOIDANCE OF DUPLICATION.—In conducting

8 the assessment under subsection (a), the Director of the

9 National Institute of Justice, in consultation with the As10 sistant Secretary of Aging, shall draw upon the findings

11 of existing studies and avoid duplication of efforts that

12 have previously been made.

13 (d) DISSEMINATION.—Based on the results of the na14 tional assessment and analysis of successful or promising

15 strategies in dealing with the problems described in sub16 section (b) and other problems, including coalition efforts

17 such as the Triad programs described in sections 801 and

18 802, the Director of the National Institute of Justice, in

19 consultation with the Assistant Secretary of Aging, shall

20 disseminate the results through reports, publications,

21 clearinghouse services, public service announcements, and

22 programs of evaluation, demonstration, training, and tech23 nical assistance.
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1 SEC. 804. PILOT PROGRAMS.

2 (a) AWARDS.—The Director of the Bureau of Justice

3 Assistance, in consultation with the Assistant Secretary

4 of Aging, shall make grants to coalitions of local law en5 forcement agencies and older Americans to assist in the

6 development of programs and execute field tests of par7 ticularly promising strategies for crime prevention services

8 and related services based on the concepts of the Triad

9 model, which can then be evaluated and serve as the basis

10 for further demonstration and education programs.

11 (b) TRIAD COOPERATIVE MODEL.—(1) Subject to

12 paragraph (2), a pilot program funded under this section

13 shall consist of a cooperative model, which calls for the

14 participation of the sheriff, at least 1 police chief, and a

15 representative of at least 1 older Americans’ organization

16 within a county and may include participation by general

17 service coalitions of law enforcement, victim service, and

18 senior citizen advocate second service organizations. If

19 there exists with the applicant county an area agency on

20 aging as defined in section 102(17) of the Older Ameri21 cans Act of 1965, the applicant county must include the

22 agency as an organizational component in its program.

23 (2) If there is not both a sheriff and a police chief

24 in a county or if the sheriff or a police chief do not partici25 pate, a pilot program funded under this section shall in26 clude in the place of the sheriff or police chief another
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1 key law enforcement official in the county such as a local

2 prosecutor.

3 (c) APPLICATION.—A coalition or Triad program that

4 desires to establish a pilot program under this section

5 shall submit to the Director of the Bureau of Justice As6 sistance an application that includes—

7 (1) a description of the community and its sen8 ior citizen population;

9 (2) assurances that Federal funds received

10 under this part shall be used to provide additional

11 and appropriate education and services to the com12 munity’s older Americans;

13 (3) a description of the extent of involvement of

14 each organizational component (chief, sheriff (or

15 other law enforcement official), and senior organiza16 tion representative) and focus of the Triad program;

17 (4) a comprehensive plan including—

18 (A) a description of the crime problems

19 facing older Americans and need for expanded

20 law enforcement and victim assistance services;

21 (B) a description of the types of projects

22 to be developed or expanded;

23 (C) a plan for an evaluation of the results

24 of Triad endeavors;
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•HR 4033 IH

1 (D) a description of the resources (includ2 ing matching funds, in-kind services, and other

3 resources) available in the community to imple4 ment the Triad development or expansion;

5 (E) a description of the gaps that cannot

6 be filled with existing resources;

7 (F) an explanation of how the requested

8 grant will be used to fill those gaps; and

9 (G) a description of the means and meth10 ods the applicant will use to reduce criminal

11 victimization of older persons; and

12 (5) funding requirements for implementing a

13 comprehensive plan.

14 (d) DISTRIBUTION OF GRANT AWARDS.—The Direc15 tor of the Bureau of Justice Assistance, in consultation

16 with the Assistant Secretary for Aging, shall attempt, to

17 the extent practicable, to achieve an equitable geographic

18 distribution of grant awards for pilot programs authorized

19 under this title.

20 (e) POST-GRANT PERIOD REPORT.—A grant recipi21 ent under this section shall, not later than 6 months after

22 the conclusion of the grant period, submit to the Director

23 of the Bureau of Justice Assistance a report that—

24 (1) describes the composition of organizations

25 that participated in the pilot program;
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1 (2) identifies problem areas encountered during

2 the course of the pilot program;

3 (3) provides data comparing the types and fre4 quency of criminal activity before and after the

5 grant period and the effect of such criminal activity

6 on older Americans in the community; and

7 (4) describes the grant recipient’s plans and

8 goals for continuance of the Triad program after the

9 grant period.

10 SEC. 805. TRAINING ASSISTANCE, EVALUATION, AND DIS11 SEMINATION AWARDS.

12 In conjunction with the national assessment under

13 section 803—

14 (1) the Director of the Bureau of Justice As15 sistance, in consultation with the Assistant Secretary

16 for Aging, shall make awards to organizations with

17 demonstrated ability to provide training and tech18 nical assistance in establishing crime prevention pro19 grams based on the Triad model, for purposes of

20 aiding in the establishment and expansion of pilot

21 programs under this section; and

22 (2) the Director of the National Institute of

23 Justice, in consultation with the Assistant Secretary

24 of Aging, shall make awards to research organiza25 tions, for the purposes of—
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1 (A) evaluating the effectiveness of selected

2 pilot programs; and

3 (B) conducting the research and develop4 ment identified through the national assessment

5 as being critical; and

6 (3) the Director of the Bureau of Justice As7 sistance, in consultation with the Assistant Secretary

8 for Aging, shall make awards to public service adver9 tising coalitions, for the purposes of mounting a pro10 gram of public service advertisements to increase

11 public awareness and understanding of the issues

12 surrounding crimes against older Americans and

13 promoting ideas or programs to prevent them.

14 SEC. 806. REPORT.

15 The Director of the Bureau of Justice Assistance, in

16 consultation with the Assistant Secretary for Aging, and

17 the Director of the National Institute of Justice shall sub18 mit to Congress an annual report (which may be included

19 with the report submitted under section 102(b) of title I

20 of the Omnibus Crime Control and Safe Streets Act of

21 1968 (42 U.S.C. 3712(b)) describing the results of the

22 pilot programs conducted under section 904.

23 SEC. 807. AUTHORIZATION OF APPROPRIATIONS.

24 There are authorized to be appropriated—
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1 (1) $2,000,000 to the Bureau of Justice Assist2 ance for the purpose of making Triad pilot program

3 awards in that amount under section 904;

4 (2) $1,000,000 to the Bureau of Justice Assist5 ance for the purpose of funding the national training

6 and technical assistance effort under sections 803

7 and 805;

8 (3) $1,000,000 to the Bureau of Justice Assist9 ance and $1,000,000 to the Administration on

10 Aging, for the purpose of developing public service

11 announcements under sections 803 and 805;

12 (4) $2,000,000 to the National Institute of Jus13 tice for the purposes of conducting the national as14 sessment, evaluating pilot programs, and carrying

15 out the research agenda under sections 803 and

16 805; and

17 (5) to the extent that funds are not otherwise

18 available for the purpose, such sums as are nec19 essary to pay the administrative costs of carrying

20 out this title.

21 TITLE IX—LOCAL PARTNERSHIP

22 ACT

23 SEC. 901. SHORT TITLE.

24 This title may be cited as the ‘‘Local Partnership Act

25 of 1994’’.
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1 SEC. 902. ESTABLISHMENT OF PAYMENT PROGRAM.

2 (a) ESTABLISHMENT OF PROGRAM.—Title 31,

3 United States Code, is amended by inserting after chapter

4 65 the following:

5 ‘‘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.

‘‘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.

6 ‘‘§ 6701. Payments to local governments

7 ‘‘(a) PAYMENT AND USE.—

8 ‘‘(1) PAYMENT.—The Secretary of the Treasury

9 shall pay to each unit of general local government

10 which qualifies for a payment under this chapter an

11 amount equal to the sum of any amounts allocated

12 to the government under this chapter for each pay13 ment period. The Secretary shall pay such amount

14 out of the Local Government Fiscal Assistance Fund

15 under section 6702.
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1 ‘‘(2) USE.—Amounts paid to a unit of general

2 local government under this section shall be used by

3 that unit for carrying out one or more programs of

4 the unit related to—

5 ‘‘(A) education to prevent crime; or

6 ‘‘(B) health to prevent crime.

7 ‘‘(b) TIMING OF PAYMENTS.—They shall pay each

8 amount allocated under this chapter to a unit of general

9 local government for a payment period by the later of 60

10 days after the date the amount is available or the first

11 day of the payment period.

12 ‘‘(c) ADJUSTMENTS.—(1) Subject to paragraph (2),

13 the Secretary shall adjust a payment under this chapter

14 to a unit of general local government to the extent that

15 a prior payment to the government was more or less than

16 the amount required to be paid.

17 ‘‘(2) The Secretary may increase or decrease under

18 this subsection a payment to a unit of local government

19 only if the Secretary determines the need for the increase

20 or decrease, or the unit requests the increase or decrease,

21 within one year after the end of the payment period for

22 which the payment was made.

23 ‘‘(d) RESERVATION FOR ADJUSTMENTS.—The Sec24 retary may reserve a percentage of not more than 0.5 per25 cent of the amount under this section for a payment pe-
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•HR 4033 IH

1 riod for all units of general local government in a State

2 if the Secretary considers the reserve is necessary to en3 sure the availability of sufficient amounts to pay adjust4 ments after the final allocation of amounts among the

5 units of general local government in the State.

6 ‘‘(e) REPAYMENT OF UNEXPENDED AMOUNTS.—

7 ‘‘(1) REPAYMENT REQUIRED.—A unit of gen8 eral local government shall repay to the Secretary,

9 by not later than November 15, 1995, any amount

10 that is—

11 ‘‘(A) paid to the unit from amounts appro12 priated for fiscal year 1995 under the authority

13 of this section; and

14 ‘‘(B) not expended by the unit by October

15 31, 1995.

16 ‘‘(2) DEPOSIT OF AMOUNTS REPAID.—Amounts

17 received by the Secretary as repayments under this

18 subsection shall be deposited in the general fund of

19 the Treasury as miscellaneous receipts.

20 ‘‘(f) EXPENDITURE WITH DISADVANTAGED BUSI21 NESS ENTERPRISES.—

22 ‘‘(1) GENERAL RULE.—Of amounts paid to a

23 unit of general local government under this chapter

24 for a payment period, not less than 10 percent of
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1 the total combined amounts obligated by the unit for

2 contracts and subcontracts shall be expended with—

3 ‘‘(A) small business concerns controlled by

4 socially and economically disadvantaged individ5 uals and women; and

6 ‘‘(B) historically Black colleges and univer7 sities and colleges and universities having a stu8 dent body in which more than 20 percent of the

9 students are Hispanic Americans or Native

10 Americans.

11 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

12 apply to amounts paid to a unit of general local gov13 ernment to the extent the unit determines that the

14 paragraph does not apply through a process that

15 provides for public participation.

16 ‘‘(3) DEFINITIONS.—For purposes of this sub17 section—

18 ‘‘(A) the term ‘small business concern’ has

19 the meaning such term has under section 3 of

20 the Small Business Act; and

21 ‘‘(B) the term ‘socially and economically

22 disadvantaged individuals’ has the meaning

23 such term has under section 8(d) of the Small

24 Business Act and relevant subcontracting regu25 lations promulgated pursuant to that section.
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1 ‘‘(g) NONSUPPLANTING REQUIREMENT.—(1) Funds

2 made available under this chapter to units of local govern3 ment shall not be used to supplant State or local funds,

4 but will be used to increase the amount of funds that

5 would, in the absence of funds under this chapter, be made

6 available from State or local sources.

7 ‘‘(2) The total level of funding available to a unit of

8 local government for accounts serving eligible purposes

9 under this chapter in the fiscal year immediately preceding

10 receipt of a grant under this chapter shall be designated

11 the ‘‘base level account’’ for the fiscal year in which grant

12 is received. Grants under this chapter in a given fiscal year

13 shall be reduced on a dollar for dollar basis to the extent

14 that a unit of local government reduces its base level ac15 count in that fiscal year.

16 ‘‘(3) The Secretary shall issue regulations to imple17 ment this subsection.

18 ‘‘§ 6702. Local Government Fiscal Assistance Fund

19 ‘‘(a) ADMINISTRATION OF FUND.—The Department

20 of the Treasury has a Local Government Fiscal Assistance

21 Fund, which consists of amounts appropriated to the

22 Fund.

23 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated to the Fund

25 $2,000,000,000 for fiscal years 1995 and 1996.
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1 ‘‘§ 6703. Qualification for payment

2 ‘‘(a) IN GENERAL.—Under regulations issued by the

3 Secretary, a unit of general local government qualifies for

4 a payment under this chapter for a payment period only

5 after establishing to the satisfaction of the Secretary

6 that—

7 ‘‘(1) the government will establish a trust fund

8 in which the government will deposit all payments

9 received under this chapter;

10 ‘‘(2) the government will use amounts in the

11 trust fund (including interest) during a reasonable

12 period specified in the regulations issued by the

13 Secretary;

14 ‘‘(3) the government will expend the payments

15 so received, in accordance with the laws and proce16 dures that are applicable to the expenditure of reve17 nues of the government;

18 ‘‘(4) if at least 25 percent of the pay of individ19 uals employed by the government in a public em20 ployee occupation is paid out of the trust fund, indi21 viduals in the occupation any part of whose pay is

22 paid out of the trust fund will receive pay at least

23 equal to the prevailing rate of pay for individuals

24 employed in similar public employee occupations by

25 the government;
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1 ‘‘(5) if at least 25 percent of the costs of a con2 struction project are paid out of the trust fund, la3 borers and mechanics employed by contractors or

4 subcontractors on the project will receive pay at

5 least equal to the prevailing rate of pay for similar

6 construction in the locality as determined by the

7 Secretary of Labor under the Act of March 3, 1931

8 (46 Stat. 1494 et seq.; popularly known as the

9 Davis-Bacon Act), and the Secretary of Labor shall

10 act on labor standards under this paragraph in a

11 manner that is in accordance with Reorganization

12 Plan No. 14 of 1950 (64 Stat. 1267) and section 2

13 of the Act of June 13, 1934 (48 Stat. 948);

14 ‘‘(6) the government will use accounting, audit,

15 and fiscal procedures that conform to guidelines

16 which shall be prescribed by the Secretary after con17 sultation with the Comptroller General of the United

18 States;

19 ‘‘(7) after reasonable notice to the government,

20 the government will make available to the Secretary

21 and the Comptroller General of the United States,

22 with the right to inspect, records the Secretary rea23 sonably requires to review compliance with this

24 chapter or the Comptroller General of the United
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1 States reasonably requires to review compliance and

2 operations under section 6718(b); and

3 ‘‘(8) the government will make reports the Sec4 retary reasonably requires, in addition to the annual

5 reports required under section 6719(b).

6 ‘‘(b) REVIEW BY GOVERNORS.—A unit of general

7 local government shall give the chief executive officer of

8 the State in which the government is located an oppor9 tunity for review and comment before establishing compli10 ance with subsection (a).

11 ‘‘(c) SANCTIONS FOR NONCOMPLIANCE.—(1) If the

12 Secretary decides that a unit of general local government

13 has not complied substantially with subsection (a) or regu14 lations prescribed under subsection (a), the Secretary shall

15 notify the government. The notice shall state that if the

16 government does not take corrective action by the 60th

17 day after the date the government receives the notice, the

18 Secretary will withhold additional payments to the govern19 ment for the current payment period and later payment

20 periods until the Secretary is satisfied that the govern21 ment—

22 ‘‘(A) has taken the appropriate corrective ac23 tion; and

24 ‘‘(B) will comply with subsection (a) and regu25 lations prescribed under subsection (a).
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1 ‘‘(2) Before giving notice under paragraph (1), the

2 Secretary shall give the chief executive officer of the unit

3 of general local government reasonable notice and an op4 portunity for a proceeding.

5 ‘‘(3) The Secretary may make a payment to a unit

6 of general local government notified under paragraph (1)

7 only if the Secretary is satisfied that the government—

8 ‘‘(A) has taken the appropriate corrective ac9 tion; and

10 ‘‘(B) will comply with subsection (a) and regu11 lations prescribed under subsection (a).

12 ‘‘§ 6704. State area allocations; allocations and pay13 ments to territorial governments

14 ‘‘(a) FORMULA ALLOCATION BY STATE.—For each

15 payment period, the Secretary shall allocate to each State

16 out of the amount appropriated for the period under the

17 authority of section 6702(b) (minus the amounts allocated

18 to territorial governments under subsection (e) for the

19 payment period) an amount bearing the same ratio to the

20 amount appropriated (minus such amounts allocated

21 under subsection (e)) as the amount allocated to the State

22 under this section bears to the total amount allocated to

23 all States under this section. The Secretary shall—
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1 ‘‘(1) determine the amount allocated to the

2 State under subsection (b) or (c) of this section and

3 allocate the larger amount to the State; and

4 ‘‘(2) allocate the amount allocated to the State

5 to units of general local government in the State

6 under sections 6705 and 6706.

7 ‘‘(b) GENERAL FORMULA.—(1) The amount allocated

8 to a State under this subsection for a payment period is

9 the amount bearing the same ratio to $5,300,000,000

10 as—

11 ‘‘(A) the population of the State, multiplied by

12 the general tax effort factor of the State (deter13 mined under paragraph (2)), multiplied by the rel14 ative income factor of the State (determined under

15 paragraph (3)), multiplied by the relative rate of the

16 labor force unemployed in the State (determined

17 under paragraph (4)); bears to

18 ‘‘(B) the sum of the products determined under

19 subclause (A) of this paragraph for all States.

20 ‘‘(2) The general tax effort factor of a State for a

21 payment period is—

22 ‘‘(A) the net amount of State and local taxes of

23 the State collected during the years used by the Sec24 retary of Commerce in the most recent Bureau of

25 the Census general determination of State and local
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1 taxes made before the beginning of the payment pe2 riod; divided by

3 ‘‘(B) the total income of individuals, as deter4 mined by the Secretary of Commerce for national in5 come accounts purposes, attributed to the State for

6 the same years.

7 ‘‘(3) The relative income factor of a State is a frac8 tion in which—

9 ‘‘(A) the numerator is the per capita income of

10 the United States; and

11 ‘‘(B) the denominator is the per capita income

12 of the State.

13 ‘‘(4) The relative rate of the labor force unemployed

14 in a State is a fraction in which—

15 ‘‘(A) the numerator is the percentage of the

16 labor force of the State that is unemployed (as de17 termined by the Secretary of Labor for general sta18 tistical purposes); and

19 ‘‘(B) the denominator is the percentage of the

20 labor force of the United States that is unemployed

21 (as determined by the Secretary of Labor for general

22 statistical purposes).

23 ‘‘(c) ALTERNATIVE FORMULA.—The amount allo24 cated to a State under this subsection for a payment pe25 riod is the total amount the State would receive if—
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1 ‘‘(1) $1,166,666,667 were allocated among the

2 States on the basis of population by allocating to

3 each State an amount bearing the same ratio to the

4 total amount to be allocated under this paragraph as

5 the population of the State bears to the population

6 of all States;

7 ‘‘(2) $1,166,666,667 were allocated among the

8 States on the basis of population inversely weighted

9 for per capita income, by allocating to each State an

10 amount bearing the same ratio to the total amount

11 to be allocated under this paragraph as—

12 ‘‘(A) the population of the State, multi13 plied by a fraction in which—

14 ‘‘(i) the numerator is the per capita

15 income of all States; and

16 ‘‘(ii) the denominator is the per capita

17 income of the State; bears to

18 ‘‘(B) the sum of the products determined

19 under subparagraph (A) for all States;

20 ‘‘(3) $600,000,000 were allocated among the

21 States on the basis of income tax collections by allo22 cating to each State an amount bearing the same

23 ratio to the total amount to be allocated under this

24 paragraph as the income tax amount of the State
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1 (determined under subsection (d)(1)) bears to the

2 sum of the income tax amounts of all States;

3 ‘‘(4) $600,000,000 were allocated among the

4 States on the basis of general tax effort by allocat5 ing to each State an amount bearing the same ratio

6 to the total amount to be allocated under this para7 graph as the general tax effort amount of the State

8 (determined under subsection (d)(2)) bears to the

9 sum of the general tax effort amounts of all States;

10 ‘‘(5) $600,000,000 were allocated among the

11 States on the basis of unemployment by allocating to

12 each State an amount bearing the same ratio to the

13 total amount to be allocated under this paragraph

14 as—

15 ‘‘(A) the labor force of the State, multi16 plied by a fraction in which—

17 ‘‘(i) the numerator is the percentage

18 of the labor force of the State that is un19 employed (as determined by the Secretary

20 of Labor for general statistical purposes);

21 and

22 ‘‘(ii) the denominator is the percent23 age of the labor force of the United States

24 that is unemployed (as determined by the
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1 Secretary of Labor for general statistical

2 purposes);

3 bears to

4 ‘‘(B) the sum of the products determined

5 under subparagraph (A) for all States; and

6 ‘‘(6) $1,166,666,667 were allocated among the

7 States on the basis of urbanized population by allo8 cating to each State an amount bearing the same

9 ratio to the total amount to be allocated under this

10 paragraph as the urbanized population of the State

11 bears to the urbanized population of all States. In

12 this paragraph, the term ‘urbanized population’

13 means the population of an area consisting of a

14 central city or cities of at least 50,000 inhabitants

15 and the surrounding closely settled area for the city

16 or cities considered as an urbanized area by the Sec17 retary of Commerce for general statistical purposes.

18 ‘‘(d) INCOME TAX AMOUNT AND TAX EFFORT

19 AMOUNT.—(1) The income tax amount of a State for a

20 payment period is 15 percent of the net amount collected

21 during the calendar year ending before the beginning of

22 the payment period from the tax imposed on the income

23 of individuals by the State and described as a State in24 come tax under section 164(a)(3) of the Internal Revenue

25 Code of 1986 (26 U.S.C. 164(a)(3)). The income tax
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1 amount for a payment period shall be at least one percent

2 but not more than 6 percent of the United States Govern3 ment individual income tax liability attributed to the State

4 for the taxable year ending during the last calendar year

5 ending before the beginning of the payment period. The

6 Secretary shall determine the Government income tax li7 ability attributed to the State on the same basis as the

8 Secretary of the Treasury determines that liability for gen9 eral statistical purposes.

10 ‘‘(2) The general tax effort amount of a State for

11 a payment period is the amount determined by multiply12 ing—

13 ‘‘(A) the net amount of State and local taxes of

14 the State collected during the years used by the Sec15 retary of Commerce in the most recent Bureau of

16 the Census general determination of State and local

17 taxes made before the beginning of the payment pe18 riod; by

19 ‘‘(B) the general tax effort factor of the State

20 determined under subsection (b)(2).

21 ‘‘(e) ALLOCATION FOR PUERTO RICO, GUAM, AMER22 ICAN SAMOA, AND THE VIRGIN ISLANDS.—(1)(A) For

23 each payment period for which funds are available for allo24 cation under this chapter, the Secretary shall allocate to

25 each territorial government an amount equal to the prod-
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1 uct of 1 percent of the amount of funds available for allo2 cation multiplied by the applicable territorial percentage.

3 ‘‘(B) For the purposes of this paragraph, the applica4 ble territorial percentage of a territory is equal to the

5 quotient resulting from the division of the territorial popu6 lation of such territory by the sum of the territorial popu7 lation for all territories.

8 ‘‘(2) The governments of the territories shall make

9 payments to local governments within their jurisdiction

10 from sums received under this subsection as they consider

11 appropriate.

12 ‘‘(3) For purposes of this subsection—

13 ‘‘(A) the term ‘territorial government’

14 means the government of a territory;

15 ‘‘(B) the term ‘territory’ means Puerto

16 Rico, Guam, American Samoa, and the Virgin

17 Islands; and

18 ‘‘(C) the term ‘territorial population’

19 means the most recent population for each ter20 ritory as determined by the Bureau of Census.

21 ‘‘§ 6705. Local government allocations

22 ‘‘(a) INDIAN TRIBES AND ALASKAN NATIVES VIL23 LAGES.—If there is in a State an Indian tribe or Alaskan

24 native village having a recognized governing body carrying

25 out substantial governmental duties and powers, the Sec-
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1 retary shall allocate to the tribe or village, out of the

2 amount allocated to the State under section 6704, an

3 amount bearing the same ratio to the amount allocated

4 to the State as the population of the tribe or village bears

5 to the population of the State. The Secretary shall allocate

6 amounts under this subsection to Indian tribes and Alas7 kan native villages in a State before allocating amounts

8 to units of general local government in the State under

9 subsection (b).

10 ‘‘(b) OTHER LOCAL GOVERNMENT ALLOCATIONS.—

11 (1) The Secretary shall allocate among the units of general

12 local government in a State (other than units receiving

13 allocations under subsection (a)) the amount allocated to

14 the State under section 6704 (as that amount is reduced

15 by allocations under subsection (a)). Of the amount to be

16 allocated, the Secretary shall allocate a portion equal to

1 17 ⁄2 of such amount in accordance with section 6706(1),

and shall allocate a portion equal to 1 18 ⁄2 of such amount

19 in accordance with section 6706(2). A unit of general local

20 government shall receive an amount equal to the sum of

21 amounts allocated to the unit from each portion.

22 ‘‘(2) From each portion to be allocated to units of

23 local government in a State under paragraph (1), the Sec24 retary shall allocate to a unit an amount bearing the same

25 ratio to the funds to be allocated as—
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1 ‘‘(A) the population of the unit, multiplied by

2 the general tax effort factor of the unit (determined

3 under paragraph (3)), multiplied by the income gap

4 of the unit (determined under paragraph (4)), bears

5 to

6 ‘‘(B) the sum of the products determined under

7 subparagraph (A) for all units in the State for which

8 the income gap for that portion under paragraph (4)

9 is greater than zero.

10 ‘‘(3)(A) Except as provided in subparagraph (C), the

11 general tax effort factor of a unit of general local govern12 ment for a payment period is—

13 ‘‘(i) the adjusted taxes of the unit; divided by

14 ‘‘(ii) the total income attributed to the unit.

15 ‘‘(B) If the amount determined under subparagraphs

16 (A)(i) and (ii) for a unit of general local government is

17 less than zero, the general tax effort factor of the unit

18 is deemed to be zero.

19 ‘‘(C)(i) Except as otherwise provided in this subpara20 graph, the adjusted taxes of a unit of general local govern21 ment are the taxes imposed by the unit for public purposes

22 (except employee and employer assessments and contribu23 tions to finance retirement and social insurance systems

24 and other special assessments for capital outlay), as deter25 mined by the Secretary of Commerce for general statistical
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1 purposes and adjusted (under regulations of the Sec2 retary) to exclude amounts properly allocated to education

3 expenses.

4 ‘‘(ii) The Secretary shall, for purposes of clause (i),

5 include that part of sales taxes transferred to a unit of

6 general local government that are imposed by a county

7 government in the geographic area of which is located the

8 unit of general local government as taxes imposed by the

9 unit for public purposes if—

10 ‘‘(I) the county government transfers any part

11 of the revenue from the taxes to the unit of general

12 local government without specifying the purpose for

13 which the unit of general local government may ex14 pend the revenue; and

15 ‘‘(II) the chief executive officer of the State no16 tifies the Secretary that the taxes satisfy the re17 quirements of this clause.

18 ‘‘(iii) The adjusted taxes of a unit of general local

19 government shall not exceed the maximum allowable ad20 justed taxes for that unit.

21 ‘‘(iv) The maximum allowable adjusted taxes for a

22 unit of general local government is the allowable adjusted

23 taxes of the unit minus the excess adjusted taxes of the

24 unit.
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1 ‘‘(v) The allowable adjusted taxes of a unit of general

2 government is the greater of—

3 ‘‘(I) the amount equal to 2.5, multiplied by the

4 per capita adjusted taxes of all units of general local

5 government of the same type in the State, multiplied

6 by the population of the unit; or

7 ‘‘(II) the amount equal to the population of the

8 unit, multiplied by the sum of the adjusted taxes of

9 all units of municipal local government in the State,

10 divided by the sum of the populations of all the units

11 of municipal local government in the State.

12 ‘‘(vi) The excess adjusted taxes of a unit of general

13 local government is the amount equal to—

14 ‘‘(I) the adjusted taxes of the unit, minus

15 ‘‘(II) 1.5 multiplied by the allowable adjusted

16 taxes of the unit;

17 except that if this amount is less than zero then the excess

18 adjusted taxes of the unit is deemed to be zero.

19 ‘‘(vii) For purposes of this subparagraph—

20 ‘‘(I) the term ‘per capita adjusted taxes of all

21 units of general local government of the same type’

22 means the sum of the adjusted taxes of all units of

23 general local government of the same type divided by

24 the sum of the populations of all units of general

25 local government of the same type; and
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1 ‘‘(II) the term ‘units of general local govern2 ment of the same type’ means all townships if the

3 unit of general local government is a township, all

4 municipalities if the unit of general local government

5 is a municipality, all counties if the unit of general

6 local government is a county, or all unified city/

7 county governments if the unit of general local gov8 ernment is a unified city/county government.

9 ‘‘(4)(A) Except as provided in subparagraph (B), the

10 income gap of a unit of general local government is—

11 ‘‘(i) the number which applies under section

12 6706, multiplied by the per capita income of the

13 State in which the unit is located; minus

14 ‘‘(ii) the per capita income of the geographic

15 area of the unit.

16 ‘‘(B) If the amount determined under subparagraph

17 (A) for a unit of general local government is less than

18 zero, then the relative income factor of the unit is deemed

19 to be zero.

20 ‘‘(c) SMALL GOVERNMENT ALLOCATIONS.—If the

21 Secretary decides that information available for a unit of

22 general local government with a population below a num23 ber (of not more than 500) prescribed by the Secretary

24 is inadequate, the Secretary may allocate to the unit, in

25 lieu of any allocation under subsection (b) for a payment
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1 period, an amount bearing the same ratio to the total

2 amount to be allocated under subsection (b) for the period

3 for all units of general local government in the State as

4 the population of the unit bears to the population of all

5 units in the State.

6 ‘‘§ 6706. Income gap multiplier

7 ‘‘For purposes of determining the income gap of a

8 unit of general local government under section

9 6705(b)(4)(A), the number which applies is—

‘‘(1) 1.6, with respect to 1 10 ⁄2 of any amount allo11 cated under section 6704 to the State in which the

12 unit is located; and

13 ‘‘(2) 1.2, with respect to the remainder of such

14 amount.

15 ‘‘§ 6707. State variation of local government alloca16 tions

17 ‘‘(a) STATE FORMULA.—A State government may

18 provide by law for the allocation of amounts among units

19 of general local government in the State on the basis of

20 population multiplied by the general tax effort factors or

21 income gaps of the units of general local government (de22 termined under sections 6705(a) and (b) or a combination

23 of those factors. A State government providing for a vari24 ation of an allocation formula provided under section

25 6705(a) and (b) shall notify the Secretary of the variation
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1 by the 30th day before the beginning of the first payment

2 period in which the variation applies. A variation shall—

3 ‘‘(1) provide for allocating the total amount al4 located under section 6705(a) and (b);

5 ‘‘(2) apply uniformly in the State; and

6 ‘‘(3) apply only to payment periods beginning

7 before October 1, 1995.

8 ‘‘(b) CERTIFICATION.—A variation by a State govern9 ment under this section may apply only if the Secretary

10 certifies that the variation complies with this section. The

11 Secretary may certify a variation only if the Secretary is

12 notified of the variation at least 30 days before the first

13 payment period in which the variation applies.

14 ‘‘§ 6708. Adjustments of local government allocations

15 ‘‘(a) MAXIMUM AMOUNT.—The amount allocated to

16 a unit of general local government for a payment period

17 may not exceed the adjusted taxes imposed by the unit

18 of general local government as determined under section

19 6705(b)(3). Amounts in excess of adjusted taxes shall be

20 paid to the Governor of the State in which the unit of

21 local government is located.

22 ‘‘(b) DE MINIMIS ALLOCATIONS.—If the amount al23 located to a unit of general local government (except an

24 Indian tribe or an Alaskan native village) for a payment

25 period would be less than $5,000 but for this subsection
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1 or is waived by the governing authority of the unit of gen2 eral local government, the Secretary shall pay the amount

3 to the Governor of the State in which the unit is located.

4 ‘‘(c) USE OF PAYMENTS TO STATES.—The Governor

5 of a State shall use all amounts paid to the Governor

6 under subsections (a) and (b) for programs described in

7 section 6701(a)(2) in areas of the State where are located

8 the units of general local government with respect to which

9 amounts are paid under subsection (b).

10 ‘‘§ 6709. Information used in allocation formulas

11 ‘‘(a) USE OF MOST RECENT INFORMATION.—Except

12 as provided in this section, the Secretary shall use the

13 most recent available information provided by the Sec14 retary of Commerce and the Secretary of Labor before the

15 beginning of the payment period to determine an alloca16 tion under this chapter. If the Secretary decides that the

17 information is not current or complete enough to provide

18 for a fair allocation, the Secretary may use additional in19 formation (including information based on estimates) as

20 provided under regulations of the Secretary.

21 ‘‘(b) POPULATION DATA.—(1) The Secretary shall

22 determine population on the same basis that the Secretary

23 of Commerce determines resident population for general

24 statistical purposes.
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1 ‘‘(2) The Secretary shall request the Secretary of

2 Commerce to adjust the population information provided

3 to the Secretary as soon as practicable to include a reason4 able estimate of the number of resident individuals not

5 counted in the 1990 census or revisions of the census. The

6 Secretary shall use the estimates in determining alloca7 tions for the payment period beginning after the Secretary

8 receives the estimates. The Secretary shall adjust popu9 lation information to reflect adjustments made under sec10 tion 118 of the Act of October 1, 1980 (Public Law 96–

11 369, 94 Stat. 1357).

12 ‘‘(c) ADDITIONAL DATA LIMITATIONS.—The Sec13 retary may not—

14 ‘‘(1) in determining an allocation for a payment

15 period, use information on tax collections for years

16 more recent than the years used by the Secretary of

17 Commerce in the most recent Bureau of the Census

18 general determination of State and local taxes made

19 before the beginning of that period; or

20 ‘‘(2) consider a change in information used to

21 determine an allocation for a period of 60 months if

22 the change—

23 ‘‘(A) results from a major disaster declared

24 by the President under section 401 of The Rob-
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1 ert T. Stafford Disaster Relief and Emergency

2 Assistance Act; and

3 ‘‘(B) reduces the amount of an allocation.

4 ‘‘§ 6710. Public participation

5 ‘‘(a) HEARINGS.—(1) A unit of general local govern6 ment expending payments under this chapter shall hold

7 at least one public hearing on the proposed use of the pay8 ment in relation to its entire budget. At the hearing, per9 sons shall be given an opportunity to provide written and

10 oral views to the governmental authority responsible for

11 enacting the budget and to ask questions about the entire

12 budget and the relation of the payment to the entire budg13 et. The government shall hold the hearing at a time and

14 a place that allows and encourages public attendance and

15 participation.

16 ‘‘(2) A unit of general local government holding a

17 hearing required under this subsection or by the budget

18 process of the government shall try to provide senior citi19 zens and senior citizen organizations with an opportunity

20 to present views at the hearing before the government

21 makes a final decision on the use of the payment.

22 ‘‘(b) DISCLOSURE OF INFORMATION.—(1) By the

23 10th day before a hearing required under subsection

24 (a)(1) is held, a unit of general local government shall—
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1 ‘‘(A) make available for inspection by the public

2 at the principal office of the government a statement

3 of the proposed use of the payment and a summary

4 of the proposed budget of the government; and

5 ‘‘(B) publish in at least one newspaper of gen6 eral circulation the proposed use of the payment

7 with the summary of the proposed budget and a no8 tice of the time and place of the hearing.

9 ‘‘(2) By the 30th day after adoption of the budget

10 under State or local law, the government shall—

11 ‘‘(A) make available for inspection by the public

12 at the principal office of the government a summary

13 of the adopted budget, including the proposed use of

14 the payment; and

15 ‘‘(B) publish in at least one newspaper of gen16 eral circulation a notice that the information re17 ferred to in subparagraph (A) is available for inspec18 tion.

19 ‘‘(c) WAIVERS OF REQUIREMENTS.—Under regula20 tions of the Secretary, a requirement—

21 ‘‘(1) under subsection (a)(1) may be waived if

22 the budget process required under the applicable

23 State or local law or charter provisions—
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1 ‘‘(A) ensures the opportunity for public at2 tendance and participation contemplated by

3 subsection (a); and

4 ‘‘(B) includes a hearing on the proposed

5 use of a payment received under this chapter in

6 relation to the entire budget of the government;

7 and

8 ‘‘(2) under subsection (b)(1)(B) and (2)(B)

9 may be waived if the cost of publishing the informa10 tion would be unreasonably burdensome in relation

11 to the amount allocated to the government from

12 amounts available for payment under this chapter,

13 or if publication is otherwise impracticable.

14 ‘‘(d) EXCEPTION TO 10-DAY LIMITATION.—If the

15 Secretary is satisfied that a unit of general local govern16 ment will provide adequate notice of the proposed use of

17 a payment received under this chapter, the 10-day period

18 under subsection (b)(1) may be changed to the extent nec19 essary to comply with applicable State or local law.

20 ‘‘(e) APPLICATION TO GOVERNMENTS WITHOUT

21 BUDGETS.—The Secretary shall prescribe regulations for

22 applying this section to units of general local government

23 that do not adopt budgets.
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1 ‘‘§ 6711. Prohibited discrimination

2 ‘‘(a) GENERAL PROHIBITION.—No person in the

3 United States shall be excluded from participating in, be

4 denied the benefits of, or be subject to discrimination

5 under, a program or activity of a unit of general local gov6 ernment because of race, color, national origin, or sex if

7 the government receives a payment under this chapter.

8 ‘‘(b) ADDITIONAL PROHIBITIONS.—The following

9 prohibitions and exemptions also apply to a program or

10 activity of a unit of general local government if the govern11 ment receives a payment under this chapter:

12 ‘‘(1) A prohibition against discrimination be13 cause of age under the Age Discrimination Act of

14 1975.

15 ‘‘(2) A prohibition against discrimination

16 against an otherwise qualified handicapped individ17 ual under section 504 of the Rehabilitation Act of

18 1973.

19 ‘‘(3) A prohibition against discrimination be20 cause of religion, or an exemption from that prohibi21 tion, under the Civil Rights Act of 1964 or title VIII

22 of the Act of April 11, 1968 (popularly known as the

23 Civil Rights Act of 1968).

24 ‘‘(c) LIMITATIONS ON APPLICABILITY OF PROHIBI25 TIONS.—Subsections (a) and (b) do not apply if the gov26 ernment shows, by clear and convincing evidence, that a
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1 payment received under this chapter is not used to pay

2 for any part of the program or activity with respect to

3 which the allegation of discrimination is made.

4 ‘‘(d) INVESTIGATION AGREEMENTS.—The Secretary

5 shall try to make agreements with heads of agencies of

6 the United States Government and State agencies to in7 vestigate noncompliance with this section. An agreement

8 shall—

9 ‘‘(1) describe the cooperative efforts to be taken

10 (including sharing civil rights enforcement personnel

11 and resources) to obtain compliance with this sec12 tion; and

13 ‘‘(2) provide for notifying immediately the Sec14 retary of actions brought by the United States Gov15 ernment or State agencies against a unit of general

16 local government alleging a violation of a civil rights

17 law or a regulation prescribed under a civil rights

18 law.

19 ‘‘§ 6712. Discrimination proceedings

20 ‘‘(a) NOTICE OF NONCOMPLIANCE.—By the 10th day

21 after the Secretary makes a finding of discrimination or

22 receives a holding of discrimination about a unit of general

23 local government, the Secretary shall submit a notice of

24 noncompliance to the government. The notice shall state

25 the basis of the finding or holding.
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1 ‘‘(b) INFORMAL PRESENTATION OF EVIDENCE.—A

2 unit of general local government may present evidence in3 formally to the Secretary within 30 days after the govern4 ment receives a notice of noncompliance from the Sec5 retary. Except as provided in subsection (e), the govern6 ment may present evidence on whether—

7 ‘‘(1) a person in the United States has been ex8 cluded or denied benefits of, or discriminated against

9 under, the program or activity of the government, in

10 violation of section 6711(a);

11 ‘‘(2) the program or activity of the government

12 violated a prohibition described in section 6711(b);

13 and

14 ‘‘(3) any part of that program or activity has

15 been paid for with a payment received under this

16 chapter.

17 ‘‘(c) TEMPORARY SUSPENSION OF PAYMENTS.—By

18 the end of the 30-day period under subsection (b), the Sec19 retary shall decide whether the unit of general local gov20 ernment has not complied with section 6711 (a) or (b),

21 unless the government has entered into a compliance

22 agreement under section 6714. If the Secretary decides

23 that the government has not complied, the Secretary shall

24 notify the government of the decision and shall suspend

25 payments to the government under this chapter unless,
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1 within 10 days after the government receives notice of the

2 decision, the government—

3 ‘‘(1) enters into a compliance agreement under

4 section 6714; or

5 ‘‘(2) requests a proceeding under subsection

6 (d)(1).

7 ‘‘(d) ADMINISTRATIVE REVIEW OF SUSPENSIONS.—

8 (1) A proceeding requested under subsection (c)(2) shall

9 begin by the 30th day after the Secretary receives a re10 quest for the proceeding. The proceeding shall be before

11 an administrative law judge appointed under section 3105

12 of title 5. By the 30th day after the beginning of the pro13 ceeding, the judge shall issue a preliminary decision based

14 on the record at the time on whether the unit of general

15 local government is likely to prevail in showing compliance

16 with section 6711 (a) or (b).

17 ‘‘(2) If the administrative law judge decides at the

18 end of a proceeding under paragraph (1) that the unit

19 of general local government has—

20 ‘‘(A) not complied with section 6711 (a) or (b),

21 the judge may order payments to the government

22 under this chapter terminated; or

23 ‘‘(B) complied with section 6711 (a) or (b), a

24 suspension under section 6713(a)(1)(A) shall be dis25 continued promptly.
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1 ‘‘(3) An administrative law judge may not issue a

2 preliminary decision that the government is not likely to

3 prevail if the judge has issued a decision described in para4 graph (2)(A).

5 ‘‘(e) BASIS FOR REVIEW.—In a proceeding under

6 subsections (b) through (d) on a program or activity of

7 a unit of general local government about which a holding

8 of discrimination has been made, the Secretary or admin9 istrative law judge may consider only whether a payment

10 under this chapter was used to pay for any part of the

11 program or activity. The holding of discrimination is con12 clusive. If the holding is reversed by an appellate court,

13 the Secretary or judge shall end the proceeding.

14 ‘‘§ 6713. Suspension and termination of payments in

15 discrimination proceedings

16 ‘‘(a) IMPOSITION AND CONTINUATION OF SUSPEN17 SIONS.—(1) The Secretary shall suspend payment under

18 this chapter to a unit of general local government—

19 ‘‘(A) if an administrative law judge appointed

20 under section 3105 of title 5 issues a preliminary de21 cision in a proceeding under section 6712(d)(1) that

22 the government is not likely to prevail in showing

23 compliance with section 6711 (a) and (b);

24 ‘‘(B) if the administrative law judge decides at

25 the end of the proceeding that the government has
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1 not complied with section 6711 (a) or (b), unless the

2 government makes a compliance agreement under

3 section 6714 by the 30th day after the decision; or

4 ‘‘(C) if required under section 6712(c).

5 ‘‘(2) A suspension already ordered under paragraph

6 (1)(A) continues in effect if the administrative law judge

7 makes a decision under paragraph (1)(B).

8 ‘‘(b) LIFTING OF SUSPENSIONS AND TERMI9 NATIONS.—If a holding of discrimination is reversed by

10 an appellate court, a suspension or termination of pay11 ments in a proceeding based on the holding shall be dis12 continued.

13 ‘‘(c) RESUMPTION OF PAYMENTS UPON ATTAINING

14 COMPLIANCE.—The Secretary may resume payment to a

15 unit of general local government of payments suspended

16 by the Secretary only—

17 ‘‘(1) as of the time of, and under the conditions

18 stated in—

19 ‘‘(A) the approval by the Secretary of a

20 compliance agreement under section

21 6714(a)(1); or

22 ‘‘(B) a compliance agreement entered into

23 by the Secretary under section 6714(a)(2);

24 ‘‘(2) if the government complies completely with

25 an order of a United States court, a State court, or
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1 administrative law judge that covers all matters

2 raised in a notice of noncompliance submitted by the

3 Secretary under section 6712(a);

4 ‘‘(3) if a United States court, a State court, or

5 an administrative law judge decides (including a

6 judge in a proceeding under section 6712(d)(1)),

7 that the government has complied with sections

8 6711 (a) and (b); or

9 ‘‘(4) if a suspension is discontinued under sub10 section (b).

11 ‘‘(d) PAYMENT OF DAMAGES AS COMPLIANCE.—For

12 purposes of subsection (c)(2), compliance by a government

13 may consist of the payment of restitution to a person in14 jured because the government did not comply with section

15 6711 (a) or (b).

16 ‘‘(e) RESUMPTION OF PAYMENTS UPON REVERSAL

17 BY COURT.—The Secretary may resume payment to a unit

18 of general local government of payments terminated under

19 section 6712(d)(2)(A) only if the decision resulting in the

20 termination is reversed by an appellate court.

21 ‘‘§ 6714. Compliance agreements

22 ‘‘(a) TYPES OF COMPLIANCE AGREEMENTS.—A com23 pliance agreement is an agreement—

24 ‘‘(1) approved by the Secretary, between the

25 governmental authority responsible for prosecuting a
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1 claim or complaint that is the basis of a holding of

2 discrimination and the chief executive officer of the

3 unit of general local government that has not com4 plied with section 6711 (a) or (b); or

5 ‘‘(2) between the Secretary and the chief execu6 tive officer.

7 ‘‘(b) CONTENTS OF AGREEMENTS.—A compliance

8 agreement—

9 ‘‘(1) shall state the conditions the unit of gen10 eral local government has agreed to comply with

11 that would satisfy the obligations of the government

12 under sections 6711 (a) and (b);

13 ‘‘(2) shall cover each matter that has been

14 found not to comply, or would not comply, with sec15 tion 6711 (a) or (b); and

16 ‘‘(3) may be a series of agreements that dispose

17 of those matters.

18 ‘‘(c) AVAILABILITY OF AGREEMENTS TO PARTIES.—

19 The Secretary shall submit a copy of a compliance agree20 ment to each person who filed a complaint referred to in

21 section 6716(b), or, if an agreement under subsection

22 (a)(1), each person who filed a complaint with a govern23 mental authority, about a failure to comply with section

24 6711 (a) or (b). The Secretary shall submit the copy by

25 the 15th day after an agreement is made. However, if the
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1 Secretary approves an agreement under subsection (a)(1)

2 after the agreement is made, the Secretary may submit

3 the copy by the 15th day after approval of the agreement.

4 ‘‘§ 6715. Enforcement by the Attorney General of pro5 hibitions on discrimination

6 ‘‘The Attorney General may bring a civil action in

7 an appropriate district court of the United States against

8 a unit of general local government that the Attorney Gen9 eral has reason to believe has engaged or is engaging in

10 a pattern or practice in violation of section 6711 (a) or

11 (b). The court may grant—

12 ‘‘(1) a temporary restraining order;

13 ‘‘(2) an injunction; or

14 ‘‘(3) an appropriate order to ensure enjoyment

15 of rights under section 6711 (a) or (b), including an

16 order suspending, terminating, or requiring repay17 ment of, payments under this chapter or placing ad18 ditional payments under this chapter in escrow

19 pending the outcome of the action.

20 ‘‘§ 6716. Civil action by a person adversely affected

21 ‘‘(a) AUTHORITY FOR PRIVATE SUITS IN FEDERAL

22 OR STATE COURT.—If a unit of general local government,

23 or an officer or employee of a unit of general local govern24 ment acting in an official capacity, engages in a practice

25 prohibited by this chapter, a person adversely affected by
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1 the practice may bring a civil action in an appropriate dis2 trict court of the United States or a State court of general

3 jurisdiction. Before bringing an action under this section,

4 the person must exhaust administrative remedies under

5 subsection (b).

6 ‘‘(b) ADMINISTRATIVE REMEDIES REQUIRED TO BE

7 EXHAUSTED.—A person adversely affected shall file an

8 administrative complaint with the Secretary or the head

9 of another agency of the United States Government or the

10 State agency with which the Secretary has an agreement

11 under section 6711(d). Administrative remedies are

12 deemed to be exhausted by the person after the 90th day

13 after the complaint was filed if the Secretary, the head

14 of the Government agency, or the State agency—

15 ‘‘(1) issues a decision that the government has

16 not failed to comply with this chapter; or

17 ‘‘(2) does not issue a decision on the complaint.

18 ‘‘(c) AUTHORITY OF COURT.—In an action under this

19 section, the court—

20 ‘‘(1) may grant—

21 ‘‘(A) a temporary restraining order;

22 ‘‘(B) an injunction; or

23 ‘‘(C) another order, including suspension,

24 termination, or repayment of, payments under

25 this chapter or placement of additional pay-
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1 ments under this chapter in escrow pending the

2 outcome of the action; and

3 ‘‘(2) to enforce compliance with section 6711

4 (a) or (b), may allow a prevailing party (except the

5 United States Government) a reasonable attorney’s

6 fee.

7 ‘‘(d) INTERVENTION BY ATTORNEY GENERAL.—In

8 an action under this section to enforce compliance with

9 section 6711 (a) or (b), the Attorney General may inter10 vene in the action if the Attorney General certifies that

11 the action is of general public importance. The United

12 States Government is entitled to the same relief as if the

13 Government had brought the action and is liable for the

14 same fees and costs as a private person.

15 ‘‘§ 6717. Judicial review

16 ‘‘(a) APPEALS IN FEDERAL COURT OF APPEALS.—

17 A unit of general local government which receives notice

18 from the Secretary about withholding payments under sec19 tion 6703(c), suspending payments under section

20 6713(a)(1)(B), or terminating payments under section

21 6712(d)(2)(A), may apply for review of the action of the

22 Secretary by filing a petition for review with the court of

23 appeals of the United States for the circuit in which the

24 government is located. The petition shall be filed by the

25 60th day after the date the notice is received. The clerk
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1 of the court shall immediately send a copy of the petition

2 to the Secretary.

3 ‘‘(b) FILING OF RECORD OF ADMINISTRATIVE PRO4 CEEDING.—The Secretary shall file with the court a

5 record of the proceeding on which the Secretary based the

6 action. The court may consider only objections to the ac7 tion of the Secretary that were presented before the Sec8 retary.

9 ‘‘(c) COURT ACTION.—The court may affirm, change,

10 or set aside any part of the action of the Secretary. The

11 findings of fact by the Secretary are conclusive if sup12 ported by substantial evidence in the record. If a finding

13 is not supported by substantial evidence in the record, the

14 court may remand the case to the Secretary to take addi15 tional evidence. Upon such a remand, the Secretary may

16 make new or modified findings and shall certify additional

17 proceedings to the court.

18 ‘‘(d) REVIEW ONLY BY SUPREME COURT.—A judg19 ment of a court under this section may be reviewed only

20 by the Supreme Court under section 1254 of title 28.

21 ‘‘§ 6718. Audits, investigations, and reviews

22 ‘‘(a) INDEPENDENT AUDIT.—(1) Except as provided

23 in this section, a unit of general local government that

24 receives a payment under this chapter shall have an inde25 pendent audit made of the financial statements of the gov-
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1 ernment at least as often as is required by paragraph (2)

2 to determine compliance with this chapter. The audit shall

3 be carried out under generally accepted government audit4 ing standards issued by the Comptroller General of the

5 United States.

6 ‘‘(2) Paragraph (1) does not apply to a unit of gen7 eral local government for a fiscal year in which the govern8 ment receives less than $25,000 under this chapter. A unit

9 of general local government which receives at least

10 $25,000 but not more than $100,000 under this chapter

11 for a fiscal year shall have an audit made in accordance

12 with paragraph (1) at least once every 3 years. A govern13 ment which receives more than $100,000 under this chap14 ter for a fiscal year shall have an audit made in accord15 ance with paragraph (1) for such fiscal year, except that,

16 if the government operates on a biennial fiscal period, such

17 audit may be made biennially but shall cover the financial

18 statement or statements for, and compliance with the re19 quirements of the chapter during, both years within such

20 period.

21 ‘‘(3) An audit of financial statements of a unit of gen22 eral local government carried out under another law of the

23 United States for a fiscal year is deemed to be in compli24 ance with paragraph (1) for that year if the audit substan25 tially complies with the requirements of paragraph (1).
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1 ‘‘(b) WAIVER BY LOCAL GOVERNMENT.—A unit of

2 general local government may waive application of sub3 section (a)(1) if—

4 ‘‘(1) the financial statements of the government

5 are audited by independent auditors under State or

6 local law at least as often as would be required by

7 subsection (a)(2);

8 ‘‘(2) the government certifies that the audit is

9 carried out under generally accepted auditing stand10 ards issued by the Comptroller General of the

11 United States;

12 ‘‘(3) the auditing provisions of the State or

13 local law are applicable to the payment period to

14 which the waiver applies; and

15 ‘‘(4) the government submits to the Secretary a

16 brief description of the auditing standards used

17 under the relevant State or local law and specifica18 tion of the payment period to which the waiver

19 applies.

20 ‘‘(c) WAIVER BY SECRETARY.—Under regulations of

21 the Secretary, the Secretary may waive any requirement

22 under subsection (a)(1) or (b) for a unit of general local

23 government for a fiscal year if the Secretary decides that

24 the financial statements of the government for the year—
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1 ‘‘(1) cannot be audited, and the government

2 shows substantial progress in making the statements

3 auditable; or

4 ‘‘(2) have been audited by a State agency that

5 does not follow generally accepted auditing stand6 ards issued by the Comptroller General of the Unit7 ed States or that is not independent, and the State

8 agency shows progress in meeting those auditing

9 standards or in becoming independent.

10 ‘‘(d) SERIES OF AUDITS.—A series of audits carried

11 out over a period of not more than 3 years covering the

12 total amount in the financial accounts of a unit of general

13 local government is deemed to be a single audit under sub14 sections (a)(1) and (b) of this section.

15 ‘‘(e) AUDIT OPINION.—An opinion of an audit car16 ried out under this section shall be provided to the Sec17 retary in the form and at times required by the Secretary.

18 No later than 30 days following the completion of the

19 audit, the unit of general local government shall make the

20 audit report available for public inspection.

21 ‘‘(f) INVESTIGATIONS BY SECRETARY.—(1) The Sec22 retary shall maintain regulations providing reasonable and

23 specific time limits for the Secretary to—

24 ‘‘(A) carry out an investigation and make a

25 finding after receiving a complaint referred to in sec-
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1 tion 6716(b), a determination by a State or local ad2 ministrative agency, or other information about a

3 possible violation of this chapter;

4 ‘‘(B) carry out audits and reviews (including in5 vestigations of allegations) about possible violations

6 of this chapter; and

7 ‘‘(C) advise a complainant of the status of an

8 audit, investigation, or review of an allegation by the

9 complainant of a violation of section 6711 (a) or (b)

10 or other provision of this chapter.

11 ‘‘(2) The maximum time limit under paragraph

12 (1)(A) is 90 days.

13 ‘‘(g) REVIEWS BY COMPTROLLER GENERAL.—The

14 Comptroller General of the United States shall carry out

15 reviews of the activities of the Secretary, State govern16 ments, and units of general local government necessary

17 for the Congress to evaluate compliance and operations

18 under this chapter.

19 ‘‘§ 6719. Reports

20 ‘‘(a) REPORTS BY SECRETARY OF TREASURY TO

21 CONGRESS.—Before June 2 of each year, the Secretary

22 personally shall report to the Congress on—

23 ‘‘(1) the status and operation of the Local Gov24 ernment Fiscal Assistance Fund during the prior fis25 cal year; and
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1 ‘‘(2) the administration of this chapter, includ2 ing a complete and detailed analysis of—

3 ‘‘(A) actions taken to comply with sections

4 6711 through 6715, including a description of

5 the kind and extent of noncompliance and the

6 status of pending complaints;

7 ‘‘(B) the extent to which units of general

8 local government receiving payments under this

9 chapter have complied with sections 6702 and

10 6718(a), (b), and (d), including a description of

11 the kind and extent of noncompliance and ac12 tions taken to ensure the independence of au13 dits conducted under section 6718(a), (b), and

14 (d);

15 ‘‘(C) the way in which payments under this

16 chapter have been distributed in the jurisdic17 tions receiving payments; and

18 ‘‘(D) significant problems in carrying out

19 this chapter and recommendations for legisla20 tion to remedy the problems.

21 ‘‘(b) REPORTS BY UNITS OF GENERAL LOCAL GOV22 ERNMENT TO SECRETARY OF TREASURY.—(1) At the end

23 of each fiscal year, each unit of general local government

24 which received a payment under this chapter for the fiscal

25 year shall submit a report to the Secretary. The report
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1 shall be submitted in the form and at a time prescribed

2 by the Secretary and shall be available to the public for

3 inspection. The report shall state—

4 ‘‘(A) the amounts and purposes for which the

5 payment has been appropriated, expended, or obli6 gated in the fiscal year;

7 ‘‘(B) the relationship of the payment to the rel8 evant functional items in the budget of the govern9 ment; and

10 ‘‘(C) the differences between the actual and

11 proposed use of the payment.

12 ‘‘(2) The Secretary shall provide a copy of a report

13 submitted under paragraph (1) by a unit of general local

14 government to the chief executive officer of the State in

15 which the government is located. The Secretary shall pro16 vide the report in the manner and form prescribed by the

17 Secretary.

18 ‘‘(c) REGULATIONS.—The Secretary shall prescribe

19 regulations for applying this section to units of general

20 local government that do not adopt budgets.

21 ‘‘§ 6720. Definitions and application

22 ‘‘(a) DEFINITIONS.—In this chapter—

23 ‘‘(1) ‘unit of general local government’ means—

24 ‘‘(A) a county, township, city, or political

25 subdivision of a county, township, or city, that
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1 is a unit of general local government as deter2 mined by the Secretary of Commerce for gen3 eral statistical purposes; and

4 ‘‘(B) the District of Columbia and the rec5 ognized governing body of an Indian tribe or

6 Alaskan Native village that carries out substan7 tial governmental duties and powers;

8 ‘‘(2) ‘payment period’ means each 1-year period

9 beginning on October 1 of 1994 and 1995;

10 ‘‘(3) ‘State and local taxes’ means taxes im11 posed by a State government or unit of general local

12 government or other political subdivision of a State

13 government for public purposes (except employee

14 and employer assessments and contributions to fi15 nance retirement and social insurance systems and

16 other special assessments for capital outlay) as de17 termined by the Secretary of Commerce for general

18 statistical purposes;

19 ‘‘(4) ‘State’ means any of the several States

20 and the District of Columbia;

21 ‘‘(5) ‘income’ means the total money income re22 ceived from all sources as determined by the Sec23 retary of Commerce for general statistical purposes;

24 ‘‘(6) ‘per capita income’ means—
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1 ‘‘(A) in the case of the United States, the

2 income of the United States divided by the pop3 ulation of the United States;

4 ‘‘(B) in the case of a State, the income of

5 that State, divided by the population of that

6 State; and

7 ‘‘(C) in the case of a unit of general local

8 government, the income of that unit of general

9 local government divided by the population of

10 the unit of general local government;

11 ‘‘(7) ‘finding of discrimination’ means a deci12 sion by the Secretary about a complaint described in

13 section 6716(b), a decision by a State or local ad14 ministrative agency, or other information (under

15 regulations prescribed by the Secretary) that it is

16 more likely than not that a unit of general local gov17 ernment has not complied with section 6711 (a) or

18 (b);

19 ‘‘(8) ‘holding of discrimination’ means a holding

20 by a United States court, a State court, or an ad21 ministrative law judge appointed under section 3105

22 of title 5, that a unit of general local government ex23 pending amounts received under this chapter has—

24 ‘‘(A) excluded a person in the United

25 States from participating in, denied the person
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1 the benefits of, or subjected the person to dis2 crimination under, a program or activity be3 cause of race, color, national origin, or sex; or

4 ‘‘(B) violated a prohibition against dis5 crimination described in section 6711(b); and

6 ‘‘(9) ‘Secretary’ means the Secretary of the

7 Treasury.

8 ‘‘(b) TREATMENT OF SUBSUMED AREAS.—If the en9 tire geographic area of a unit of general local government

10 is located in a larger entity, the unit of general local gov11 ernment is deemed to be located in the larger entity. If

12 only part of the geographic area of a unit is located in

13 a larger entity, each part is deemed to be located in the

14 larger entity and to be a separate unit of general local

15 government in determining allocations under this chapter.

16 Except as provided in regulations prescribed by the Sec17 retary, the Secretary shall make all data computations

18 based on the ratio of the estimated population of the part

19 to the population of the entire unit of general local govern20 ment.

21 ‘‘(c) BOUNDARY AND OTHER CHANGES.—If a bound22 ary line change, a State statutory or constitutional change,

23 annexation, a governmental reorganization, or other cir24 cumstance results in the application of sections 6704

25 through 6708 in a way that does not carry out the pur-
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1 poses of sections 6701 through 6708, the Secretary shall

2 apply sections 6701 through 6708 under regulations of the

3 Secretary in a way that is consistent with those

4 purposes.’’.

5 (b) DEFICIT NEUTRALITY.—Any appropriation to

6 carry out the amendment made by this Act to title 31,

7 United States Code, for fiscal year 1995 or 1996 shall

8 be offset by cuts elsewhere in appropriations for that fiscal

9 year.

10 SEC. 903. CLERICAL AMENDMENT.

11 The table of chapters at the beginning of subtitle V

12 of title 31, United States Code, is amended by adding at

13 after the item relating to chapter 65 the following:

‘‘67. Federal Payments ..................................................................... 6701’’.

14 TITLE X—MISCELLANEOUS

15 SEC. 1001. MULTIJURISDICTIONAL GANG TASK FORCES.

16 Section 504(f) of title I of the Omnibus Crime Con17 trol and Safe Streets Act of 1968 is amended by inserting

18 ‘‘or multijurisdictional gang task forces’’ after ‘‘drug task

19 forces’’.

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