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103D CONGRESS

2D SESSION H. R. 4092

To control and prevent crime.

IN THE HOUSE OF REPRESENTATIVES

MARCH 18, 1994

Mr. BROOKS (for himself, Mr. EDWARDS of California, Mr. HUGHES, and 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 control and prevent crime.

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

3 SEC. 1. SHORT TITLE.

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

5 and Law Enforcement Act of 1994’’.

6 SEC. 2. TABLE OF TITLES.

7 The following is the table of titles for this Act:

TITLE I—VICTIMS OF CRIME

TITLE II—APPLICABILITY OF MANDATORY MINIMUM PENALTIES

IN CERTAIN CASES

TITLE III—ASSAULTS AGAINST CHILDREN

TITLE IV—CONSUMER PROTECTION

TITLE V—MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF CERTAIN FELONIES

TITLE VI—VIOLENT REPEAT OFFENDER INCARCERATION
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TITLE VII—DEATH PENALTY

TITLE VIII—HABEAS CORPUS REFORM

TITLE IX—RACIALLY DISCRIMINATORY CAPITAL SENTENCING

TITLE X—CRIME PREVENTION AND COMMUNITY JUSTICE

TITLE XI—YOUTH VIOLENCE

TITLE XII—CHILD SEXUAL ABUSE PREVENTION ACT OF 1994

TITLE XIII—JACOB WETTERLING CRIMES AGAINST CHILDREN

REGISTRATION ACT

TITLE XIV—COMMUNITY POLICING

TITLE XV—DNA IDENTIFICATION

TITLE XVI—VIOLENCE AGAINST WOMEN

TITLE XVII—HATE CRIMES SENTENCING ENHANCEMENT

TITLE XVIII—USE OF FORMULA GRANTS TO PROSECUTE PERSONS

DRIVING WHILE INTOXICATED

TITLE XIX—YOUTH HANDGUN SAFETY

TITLE XX—SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS

TITLE XXI—ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS

TITLE XXII—JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS

TITLE XXIII—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR

STATE PRISONERS

1 TITLE I—VICTIMS OF CRIME

2 Subtitle A—Victims of Crime

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

4 Rule 32 of the Federal Rules of Criminal Procedure

5 is amended by—

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

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

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

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

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

11 following:

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

13 crime of violence or sexual abuse, address the

14 victim personally if the victim is present at the

15 sentencing hearing and determine if the victim
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1 wishes to make a statement and to present any

2 information in relation to the sentence.’’;

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

4 (a)(1), striking ‘‘equivalent opportunity’’ and insert5 ing in lieu thereof ‘‘opportunity equivalent to that of

6 the defendant’s counsel’’;

7 (5) in the last sentence of subdivision (a)(1) in8 serting ‘‘the victim,’’ before ‘‘or the attorney for the

9 Government.’’; and

10 (6) adding at the end the following:

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

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

13 whom an offense for which a sentence is to be im14 posed has been committed, but the right of allocu15 tion under subdivision (a)(1)(D) may be exercised

16 instead by—

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

18 victim is below the age of eighteen years or in19 competent; or

20 ‘‘(B) one or more family members or rel21 atives designated by the court in case the victim

22 is deceased or incapacitated;

23 if such person or persons are present at the sentenc24 ing hearing, regardless of whether the victim is

25 present; and
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1 ‘‘(2) ‘crime of violence or sexual abuse’ means

2 a crime that involved the use or attempted or threat3 ened use of physical force against the person or

4 property of another, or a crime under chapter 109A

5 of title 18, United States Code.’’.

6 Subtitle B—Crime Victims’ Fund

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

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

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

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

11 following:

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

13 Fund shall be available for grants under section

14 1404A.’’;

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

16 following:

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

18 Fund in a particular fiscal year—

19 ‘‘(A) 48 percent shall be available for

20 grants under section 1403;

21 ‘‘(B) 48 percent shall be available for

22 grants under section 1404(a); and

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

24 under section 1404(c).’’;
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1 (3) strike paragraph (4) and inserting the

2 following:

3 ‘‘(4) The Director may retain any portion of

4 the Fund that was deposited during a fiscal year

5 that is in excess of 110 percent of the total amount

6 deposited in the Fund during the preceding fiscal

7 year as a reserve for use in a year in which the

8 Fund falls below the amount available in the pre9 vious year. Such reserve may not exceed

10 $20,000,000.’’; and

11 (4) striking paragraph (5).

12 (b) CONFORMING CROSS REFERENCE.—Section

13 1402(g)(1) of the Victims of Crime Act of 1984 (42

14 U.S.C. 10601(g)(1) is amended by striking reference to

15 ‘‘(d)(2)(A)(iv)’’ and inserting ‘‘(d)(2)’’.

16 (c) AMOUNTS AWARDED AND UNSPENT.—Section

17 1402(e) of the Victims of Crime Act of 1984 (42 U.S.C.

18 10601(e)) is amended to read as follows:

19 ‘‘(e) AMOUNTS AWARDED AND UNSPENT.—Any

20 sums awarded as part of a grant under this chapter that

21 remain unspent at the end of a fiscal year in which such

22 grant is made may be expended for the purposes for which

23 such grant is made at any time during the next succeeding

24 2 fiscal years, at the end of which year any remaining

25 unobligated funds shall be returned to the Fund.’’.
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1 SEC. 112. RELATIONSHIP OF CRIME VICTIM COMPENSA2 TION TO CERTAIN FEDERAL PROGRAMS.

3 Section 1403 of the Victims of Crime Act of 1984

4 (42 U.S.C. 10602) is amended by adding at the end the

5 following:

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

7 the compensation paid by an eligible crime victim com8 pensation program would cover costs that a Federal pro9 gram, or a federally financed State or local program,

10 would otherwise pay, then—

11 ‘‘(1) such crime victim compensation program

12 shall not pay that compensation; and

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

14 without regard to the existence of the crime victim

15 compensation program.’’.

16 SEC. 113. ADMINISTRATIVE COSTS FOR CRIME VICTIM COM17 PENSATION.

18 (a) CREATION OF EXCEPTION.—The final sentence

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

20 (42 U.S.C. 10602(a)(1)) is amended by striking ‘‘A

21 grant’’ and inserting ‘‘Except as provided in paragraph

22 (3), a grant’’.

23 (b) REQUIREMENTS OF EXCEPTION.—Section

24 1403(a) of the Victims of Crime Act of 1984 (42 U.S.C.

25 10602(a)) is amended by adding at the end the following

26 new paragraph:
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1 ‘‘(3) Not more than 5 percent of a grant made

2 under this section may be used for the administra3 tion of the State crime victim compensation program

4 receiving the grant.’’.

5 SEC. 114. GRANTS FOR DEMONSTRATION PROJECTS.

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

7 of 1984 (42 U.S.C. 10603(c)(1)(A)) is amended by insert8 ing ‘‘demonstration projects and’’ before ‘‘training’’.

9 SEC. 115. ADMINISTRATIVE COSTS FOR CRIME VICTIM

10 ASSISTANCE.

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

12 of the Victims of Crime Act of 1984 (42 U.S.C.

13 10603(b)(2)) is amended by striking ‘‘An eligible’’ and in14 serting ‘‘Except as provided in paragraph (3), an eligible’’.

15 (b) REQUIREMENTS OF EXCEPTION.—Section

16 1404(b) of the Victims of Crime Act of 1984 (42 U.S.C.

17 10603(b)) is amended by adding at the end the following

18 new subsection:

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

20 under subsection (a) may be used for the adminis21 tration of the State crime victim assistance program

22 receiving such sums.’’.
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1 SEC. 116. MAINTENANCE OF EFFORT.

2 Section 1407 of the Victims of Crime Act of 1984

3 (42 U.S.C. 10604) is amended by adding at the end the

4 following new subsection:

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

6 this Act for administrative purposes shall certify that such

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

8 but will be used to increase the amount of such funds that

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

10 for these purposes.’’.

11 SEC. 117. CHANGE OF DUE DATE FOR REQUIRED REPORT.

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

13 (42 U.S.C. 10604(g)) is amended by striking ‘‘and on De14 cember 31 every two years thereafter’’, and inserting ‘‘and

15 on June 30 every two years thereafter.’’.

16 Subtitle C—Report on Battered

17 Women’s Syndrome

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

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

20 enactment of this Act, the Attorney General and the Sec21 retary of Health and Human Services shall transmit to

22 the House Committee on Energy and Commerce, the Sen23 ate Committee on Labor and Human Resources, and the

24 Committees on the Judiciary of the Senate and the House

25 of Representatives a report on the medical and psycho26 logical basis of ‘‘battered women’s syndrome’’ and on the
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1 extent to which evidence of the syndrome has been consid2 ered in a criminal trial.

3 (b) COMPONENTS OF THE REPORT.—The report de4 scribed in subsection (a) shall include—

5 (1) medical and psychological testimony on the

6 validity of battered women’s syndrome as a psycho7 logical condition;

8 (2) a compilation of State and Federal court

9 cases in which evidence of battered women’s syn10 drome was offered in criminal trials; and

11 (3) an assessment by State and Federal judges,

12 prosecutors, and defense attorneys of the effects that

13 evidence of battered women’s syndrome may have in

14 criminal trials.

15 TITLE II—APPLICABILITY OF

16 MANDATORY MINIMUM PEN17 ALTIES IN CERTAIN CASES

18 SEC. 201. LIMITATION ON APPLICABILITY OF MANDATORY

19 MINIMUM PENALTIES IN CERTAIN CASES.

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

21 States Code, is amended by adding at the end the follow22 ing:

23 ‘‘(f) LIMITATION ON APPLICABILITY OF STATUTORY

24 MINIMUMS IN CERTAIN CASES.—Notwithstanding any

25 other provision of law, in the case of an offense under sec-
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1 tion 401, 404, or 406 of the Controlled Substances Act

2 or section 1010 or 1013 of the Controlled Substances Im3 port and Export Act, the court shall impose a sentence

4 pursuant to guidelines established by the United States

5 Sentencing Commission, without regard to any statutory

6 minimum sentence, if the court finds at sentencing that—

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

8 criminal history point under the United States Sen9 tencing Commission Guidelines Manual;

10 ‘‘(2) the defendant did not use violence or credi11 ble threats of violence or possess a firearm or other

12 dangerous weapon (or induce another participant to

13 do so) in connection with the offense;

14 ‘‘(3) the offense did not result in death or seri15 ous bodily injury to any person;

16 ‘‘(4) the defendant was not an organizer, lead17 er, manager, or supervisor of others (as determined

18 under the United States Sentencing Commission

19 Guidelines Manual) in the offense; and

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

21 hearing, the defendant has provided to the Govern22 ment all information the defendant has concerning

23 the offense or offenses that were part of the same

24 course of conduct or of a common scheme or plan.

25 The fact that the defendant has no relevant or use-
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1 ful other information to provide shall not preclude or

2 require a determination by the court that the de3 fendant has complied with this requirement.’’.

4 (b) SENTENCING COMMISSION AUTHORITY.—

5 (1) IN GENERAL.—The United States Sentenc6 ing Commission (hereinafter in this section referred

7 to as the ‘‘Commission’’) may—

8 (A) make such amendments as the Com9 mission deems necessary to harmonize the sen10 tencing guidelines and policy statements with

11 this section and the amendment made by this

12 section; and

13 (B) promulgate policy statements to assist

14 in the application of this section and that

15 amendment.

16 (2) PROCEDURES.—If the Commission deter17 mines it is necessary to do so in order that the

18 amendments made under paragraph (1) may take ef19 fect on the effective date of the amendment made by

20 subsection (a), the Commission may promulgate the

21 amendments made under paragraph (1) in accord22 ance with the procedures set forth in section 21(a)

23 of the Sentencing Act of 1987, as though the au24 thority under that section had not expired.
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1 (c) EFFECTIVE DATE AND APPLICATION.—The

2 amendment made by subsection (a) shall apply to all sen3 tences imposed on or after the 10th day beginning after

4 the date of the enactment of this Act.

5 SEC. 202. DIRECTION TO SENTENCING COMMISSION.

6 The United States Sentencing Commission shall pro7 mulgate sentencing guidelines or amend existing sentenc8 ing guidelines with respect to cases where statutory mini9 mum sentences would apply but for section 3553(f) of title

10 18, United States Code, to carry out the purposes of such

11 section, so that the lowest sentence in the guideline range

12 is not less than 2 years in those cases where a 5-year mini13 mum would otherwise apply.

14 SEC. 203. SPECIAL RULE.

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

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

17 determines has demonstrated good behavior while in pris18 on, the changes in sentencing made as a result of this Act

19 shall be deemed to be changes in the sentencing ranges

20 by the Sentencing Commission pursuant to section 994(o)

21 of title 28, United States Code.
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1 TITLE III—ASSAULTS AGAINST

2 CHILDREN

3 SEC. 301. ASSAULTS AGAINST CHILDREN.

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

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

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

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

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

9 under this title or imprisonment for not more than

10 one year, or both; and

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

12 for not more than three months, or both, in any

13 other case.’’.

14 (b) ASSAULTS RESULTING IN SUBSTANTIAL BODILY

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

16 amended by adding at the end the following:

17 ‘‘(7) Assault resulting in substantial bodily in18 jury to an individual who has not attained the age

19 of 16 years, by a fine under this title or imprison20 ment for not more than 5 years, or both.’’.

21 (c) TECHNICAL AND STYLISTIC CHANGES TO SEC22 TION 113.—Section 113 of title 18, United States Code,

23 is amended—

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

25 than $3,000’’ and inserting ‘‘under this title’’;
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1 (2) in paragraph (c), by striking ‘‘of not more

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

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

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

5 (4) in paragraph (e), by striking ‘‘of not more

6 than $300’’ and inserting ‘‘under this title’’;

7 (5) by modifying the left margin of each of

8 paragraphs (a) through (f) so that they are indented

9 2 ems;

10 (6) by redesignating paragraphs (a) through (f)

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

12 (7) by inserting ‘‘(a)’’ before ‘‘Whoever’’.

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

14 States Code, is amended by adding at the end the

15 following:

16 ‘‘(b) As used in this subsection—

17 ‘‘(1) the term ‘substantial bodily injury’ means

18 bodily injury which involves—

19 ‘‘(A) a temporary but substantial disfigure20 ment; or

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

22 impairment of the function of any bodily mem23 ber, organ, or mental faculty; and
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1 ‘‘(2) the term ‘serious bodily injury’ has the

2 meaning given that term in section 1365 of this

3 title.’’.

4 (e) ASSAULTS IN INDIAN COUNTRY.—Section

5 1153(a) of title 18, United States Code, is amended by

6 inserting ‘‘(as defined in section 1365 of this title), an

7 assault against an individual who has not attained the age

8 of 16 years’’ after ‘‘serious bodily injury’’.

9 TITLE IV—CONSUMER

10 PROTECTION

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

12 THE BUSINESS OF INSURANCE WHOSE AC13 TIVITIES AFFECT INTERSTATE COMMERCE.

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

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

16 following new sections:

17 ‘‘§1033. Crimes by or affecting persons engaged in

18 the business of insurance whose activi19 ties affect interstate commerce

20 ‘‘(a)(1) Whoever is engaged in the business of insur21 ance whose activities affect interstate commerce and

22 knowingly, with the intent to deceive, makes any false ma23 terial statement or report or willfully and materially

24 overvalues any land, property or security—
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1 ‘‘(A) in connection with any financial reports or

2 documents presented to any insurance regulatory of3 ficial or agency or an agent or examiner appointed

4 by such official or agency to examine the affairs of

5 such person, and

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

7 of such official or agency or such an appointed agent

8 or examiner,

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

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

11 (1) is a fine as established under this title or imprison12 ment for not more than 10 years, or both, except that

13 the term of imprisonment shall be not more than 15 years

14 if the statement or report or overvaluing of land, property,

15 or security jeopardized the safety and soundness of an in16 surer and was a significant cause of such insurer being

17 placed in conservation, rehabilitation, or liquidation by an

18 appropriate court.

19 ‘‘(b)(1) Whoever—

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

21 agent, or employee of, any person engaged in the

22 business of insurance whose activities affect inter23 state commerce, or

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

25 whose activities affect interstate commerce or is in-
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1 volved (other than as an insured or beneficiary

2 under a policy of insurance) in a transaction relating

3 to the conduct of affairs of such a business,

4 willfully embezzles, abstracts, purloins, or misappropriates

5 any of the moneys, funds, premiums, credits, or other

6 property of such person so engaged shall be punished as

7 provided in paragraph (2).

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

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

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

11 embezzlement, abstraction, purloining, or misappropria12 tion described in paragraph (1) jeopardized the safety and

13 soundness of an insurer and was a significant cause of

14 such insurer being placed in conservation, rehabilitation,

15 or liquidation by an appropriate court, such imprisonment

16 shall be not more than 15 years. If the amount or value

17 so embezzled, abstracted, purloined, or misappropriated

18 does not exceed $5,000, whoever violates paragraph (1)

19 shall be fined as provided in this title or imprisoned not

20 more than one year, or both.

21 ‘‘(c)(1) Whoever is engaged in the business of insur22 ance and whose activities affect interstate commerce or is

23 involved (other than as an insured or beneficiary under

24 a policy of insurance) in a transaction relating to the con25 duct of affairs of such a business, knowingly makes any
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1 false entry of material fact in any book, report, or state2 ment of such person engaged in the business of insurance

3 with intent to deceive any person, including any officer,

4 employee, or agent of such person engaged in the business

5 of insurance, any insurance regulatory official or agency,

6 or any agent or examiner appointed by such official or

7 agency to examine the affairs of such person, about the

8 financial condition or solvency of such business shall be

9 punished as provided in paragraph (2).

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

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

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

13 false entry in any book, report, or statement of such per14 son jeopardized the safety and soundness of an insurer

15 and was a significant cause of such insurer being placed

16 in conservation, rehabilitation, or liquidation by an appro17 priate court, such imprisonment shall be not more than

18 15 years.

19 ‘‘(d) Whoever, by threats or force or by any threaten20 ing letter or communication, corruptly influences, ob21 structs, or impedes or endeavors corruptly to influence, ob22 struct, or impede the due and proper administration of

23 the law under which any proceeding involving the business

24 of insurance whose activities affect interstate commerce

25 is pending before any insurance regulatory official or
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1 agency or any agent or examiner appointed by such official

2 or agency to examine the affairs of a person engaged in

3 the business of insurance whose activities affect interstate

4 commerce, shall be fined as provided in this title or impris5 oned not more than 10 years, or both.

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

7 any criminal felony involving dishonesty or a breach of

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

9 section, and who willfully engages in the business of insur10 ance whose activities affect interstate commerce or partici11 pates in such business, shall be fined as provided in this

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

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

14 of insurance whose activities affect interstate commerce

15 and who willfully permits the participation described in

16 subparagraph (A) shall be fined as provided in this title

17 or imprisoned not more than 5 years, or both.

18 ‘‘(2) A person described in paragraph (1)(A) may en19 gage in the business of insurance or participate in such

20 business if such person has the written consent of any in21 surance regulatory official authorized to regulate the in22 surer, which consent specifically refers to this subsection.

23 ‘‘(f) As used in this section—

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

25 ‘‘(A) the writing of insurance, or
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1 ‘‘(B) the reinsuring of risks,

2 by an insurer, including all acts necessary or inci3 dental to such writing or reinsuring and the activi4 ties of persons who act as, or are, officers, directors,

5 agents, or employees of insurers or who are other

6 persons authorized to act on behalf of such persons;

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

8 business activity of which is the writing of insurance

9 or the reinsuring of risks, and includes any person

10 who acts as, or is, an officer, director, agent, or em11 ployee of that business;

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

13 ‘‘(A) commerce within the District of Co14 lumbia, or any territory or possession of the

15 United States;

16 ‘‘(B) all commerce between any point in

17 the State, territory, possession, or the District

18 of Columbia and any point outside thereof;

19 ‘‘(C) all commerce between points within

20 the same State through any place outside such

21 State; or

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

23 United States has jurisdiction; and

24 ‘‘(4) the term ‘State’ includes any State, the

25 District of Columbia, the Commonwealth of Puerto
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1 Rico, the Northern Mariana Islands, the Virgin Is2 lands, American Samoa, and the Trust Territory of

3 the Pacific Islands.

4 ‘‘§1034. Civil penalties and injunctions for violations

5 of section 1033

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

7 in the appropriate United States district court against any

8 person who engages in conduct constituting an offense

9 under section 1033 and, upon proof of such conduct by

10 a preponderance of the evidence, such person shall be sub11 ject to a civil penalty of not more than $50,000 for each

12 violation or the amount of compensation which the person

13 received or offered for the prohibited conduct, whichever

14 amount is greater. If the offense has contributed to the

15 decision of a court of appropriate jurisdiction to issue an

16 order directing the conservation, rehabilitation, or liquida17 tion of an insurer, such penalty shall be remitted to the

18 appropriate regulatory official for the benefit of the policy19 holders, claimants, and creditors of such insurer. The im20 position of a civil penalty under this subsection does not

21 preclude any other criminal or civil statutory, common

22 law, or administrative remedy, which is available by law

23 to the United States or any other person.

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

25 that a person is engaged in conduct constituting an of-
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1 fense under section 1033, the Attorney General may peti2 tion an appropriate United States district court for an

3 order prohibiting that person from engaging in such con4 duct. The court may issue an order prohibiting that person

5 from engaging in such conduct if the court finds that the

6 conduct constitutes such an offense. The filing of a peti7 tion under this section does not preclude any other remedy

8 which is available by law to the United States or any other

9 person.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections

11 for chapter 47 of such title is amended by adding at the

12 end the following new items:

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

whose activities affect interstate commerce.

‘‘1034. Civil penalties and injunctions for violations of section 1033.’’.

13 SEC. 402. MISCELLANEOUS AMENDMENTS TO TITLE 18,

14 UNITED STATES CODE.

15 (a) TAMPERING WITH INSURANCE REGULATORY

16 PROCEEDINGS.—Section 1515(a)(1) of title 18, United

17 States Code, is amended—

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

19 (B);

20 (2) by inserting ‘‘or’’ at the end of subpara21 graph (C); and

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

23 new subparagraph:
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1 ‘‘(D) a proceeding involving the business of

2 insurance whose activities affect interstate com3 merce before any insurance regulatory official

4 or agency or any agent or examiner appointed

5 by such official or agency to examine the affairs

6 of any person engaged in the business of insur7 ance whose activities affect interstate com8 merce; or’’.

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

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

11 (c) OBSTRUCTION OF CRIMINAL INVESTIGATIONS.—

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

13 by adding at the end the following new subsection:

14 ‘‘(d)(1) Whoever—

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

16 agent or employee of a person engaged in the busi17 ness of insurance whose activities affect interstate

18 commerce, or

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

20 whose activities affect interstate commerce or is in21 volved (other than as an insured or beneficiary

22 under a policy of insurance) in a transaction relating

23 to the conduct of affairs of such a business,

24 with intent to obstruct a judicial proceeding, directly or

25 indirectly notifies any other person about the existence or
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1 contents of a subpoena for records of that person engaged

2 in such business or information that has been furnished

3 to a Federal grand jury in response to that subpoena, shall

4 be fined as provided by this title or imprisoned not more

5 than 5 years, or both.

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

7 for records’ means a Federal grand jury subpoena for

8 records that has been served relating to a violation of, or

9 a conspiracy to violate, section 1033 of this title.’’.

10 TITLE V—MANDATORY LIFE IM11 PRISONMENT FOR PERSONS

12 CONVICTED OF CERTAIN

13 FELONIES

14 SEC. 501. MANDATORY LIFE IMPRISONMENT FOR PERSONS

15 CONVICTED OF CERTAIN FELONIES.

16 Section 3559 of title 18, United States Code, is

17 amended—

18 (1) in subsection (b), by striking ‘‘An’’ and in19 serting ‘‘Except as provided in subsection (c), an’’ in

20 lieu thereof; and

21 (2) by adding the following new subsection at

22 the end:

23 ‘‘(c) IMPRISONMENT OF CERTAIN VIOLENT FEL24 ONS.—
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•HR 4092 IH

1 ‘‘(1) MANDATORY LIFE IMPRISONMENT.—Not2 withstanding any other provision of law, a person

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

4 a serious violent felony shall be sentenced to life im5 prisonment if—

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

7 those convictions have become final) on 2 or

8 more prior occasions in a court of the United

9 States or of a State of—

10 ‘‘(i) a serious violent felony; or

11 ‘‘(ii) one or more serious violent felo12 nies and one or more serious drug offenses;

13 and

14 ‘‘(B) each serious violent felony or serious

15 drug offense used as a basis for sentencing

16 under this subsection, other than the first, was

17 committed after the defendant’s conviction of

18 the preceding serious violent felony or serious

19 drug offense.

20 ‘‘(2) DEFINITIONS.—For purposes of this sub21 section—

22 ‘‘(A) the term ‘assault with intent to com23 mit rape’ means an offense that has as its ele24 ments engaging in physical conduct by which a

25 person intentionally places another person in
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•HR 4092 IH

1 fear of aggravated sexual abuse or sexual abuse

2 (as described in sections 2241 and 2242 of this

3 title);

4 ‘‘(B) the term ‘arson’ means an offense

5 that has as its elements maliciously damaging

6 or destroying any building, inhabited structure,

7 vehicle, vessel, or real property by means of fire

8 or an explosive;

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

10 that has as its elements the extraction of any11 thing of value from another person by threaten12 ing or placing that person in fear of injury to

13 any person or kidnapping of any person;

14 ‘‘(D) the term ‘firearms use’ means an of15 fense that has as its elements those described

16 in section 924(c) or 929(a) of this title, if the

17 firearm was brandished, discharged, or other18 wise used as a weapon and the crime of violence

19 or drug trafficking crime during and relation to

20 which the firearm was used was subject to pros21 ecution in a court of the United States or a

22 court of a State, or both;

23 ‘‘(E) the term ‘kidnapping’ means an of24 fense that has as its elements the abduction, re-
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•HR 4092 IH

1 straining, confining, or carrying away of an2 other person by force or threat of force;

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

4 means—

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

6 whatever designation and wherever com7 mitted, consisting of murder (as described

8 in section 1111 of this title); manslaughter

9 other than involuntary manslaughter (as

10 described in section 1112 of this title); as11 sault with intent to commit murder (as de12 scribed in section 113(a) of this title); as13 sault with intent to commit rape; aggra14 vated sexual abuse and sexual abuse (as

15 described in sections 2241 and 2242 of

16 this title); abusive sexual contact (as de17 scribed in sections 2244 (a)(1) and (a)(2)

18 of this title); kidnapping; aircraft piracy

19 (as described in section 902(i)(2) or

20 902(n)(2) of the Federal Aviation Act of

21 1958); robbery (as described in section

22 2111 of this title); carjacking (as described

23 in section 2119 of this title); extortion;

24 arson; firearms use; or attempt, conspir-
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•HR 4092 IH

1 acy, or solicitation to commit any of the

2 above offenses; or

3 ‘‘(ii) any other offense punishable by

4 a maximum term of imprisonment of 10

5 years or more that has as an element the

6 use, attempted use, or threatened use of

7 physical force against the person of an8 other or that, by its nature, involves a sub9 stantial risk that physical force against the

10 person of another may be used in the

11 course of committing the offense;

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

13 United States, the District of Columbia, or any

14 commonwealth, territory, or possession of the

15 United States; and

16 ‘‘(H) the term ‘serious drug offense’

17 means—

18 ‘‘(i) an offense subject to a penalty

19 provided for in section 401(b)(1)(A) or

20 408 of the Controlled Substances Act or

21 section 1010(b)(1)(A) of the Controlled

22 Substances Import and Export Act; or

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

24 had the offense been prosecuted in a court

25 of the United States, would have been sub-
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•HR 4092 IH

1 ject to a penalty provided for in section

2 401(b)(1)(A) or 408 of the Controlled Sub3 stances Act or section 1010(b)(1)(A) of the

4 Controlled Substances Import and Export

5 Act.

6 ‘‘(3) NONQUALIFYING FELONIES.—

7 ‘‘(A) ROBBERY IN CERTAIN CASES.—Rob8 bery, an attempt, conspiracy, or solicitation to

9 commit robbery; or an offense described in

10 paragraph (2)(F)(ii) shall not serve as a basis

11 for sentencing under this subsection if the de12 fendant establishes by clear and convincing evi13 dence that—

14 ‘‘(i) no firearm or other dangerous

15 weapon was involved in the offense; and

16 ‘‘(ii) the offense did not result in

17 death or serious bodily injury (as defined

18 in section 1365) to any person.

19 ‘‘(B) ARSON IN CERTAIN CASES.—Arson

20 shall not serve as a basis for sentencing under

21 this subsection if the defendant establishes by

22 clear and convincing evidence that.—

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

24 human life; and
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1 ‘‘(ii) the defendant reasonably believed

2 the offense posed no threat to human life.

3 ‘‘(4) INFORMATION FILED BY UNITED STATES

4 ATTORNEY.—The provisions of section 411(a) of the

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

6 apply to the imposition of sentence under this sub7 section.

8 ‘‘(5) RULE OF CONSTRUCTION.—This sub9 section shall not be construed to preclude imposition

10 of the death penalty.

11 ‘‘(6) SPECIAL PROVISION FOR INDIAN COUN12 TRY.—No person subject to the criminal jurisdiction

13 of an Indian tribal government shall be subject to

14 this subsection for any offense for which Federal ju15 risdiction is solely predicated on Indian country as

16 defined in section 1151 of this title and which occurs

17 within the boundaries of such Indian country unless

18 the governing body of the tribe has elected that this

19 subsection have effect over land and persons subject

20 to the criminal jurisdiction of the tribe.

21 ‘‘(7) RESENTENCING UPON OVERTURNING OF

22 PRIOR CONVICTION.—If the conviction for a serious

23 violent felony which was a basis for sentencing under

24 this subsection is found, pursuant to any appro25 priate State or Federal procedure, to be unconstitu-
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•HR 4092 IH

1 tional or is vitiated on the explicit basis of inno2 cence, or if the convicted person is pardoned on the

3 explicit basis of innocence, the person serving a sen4 tence imposed under this subsection shall be

5 resentenced to any sentence that was available at the

6 time of the original sentencing.’’.

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

8 PRISONS.

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

10 Code, is amended—

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

12 with ‘‘extraordinary’’ and ending with ‘‘reduction’’

13 the first place it appears is indented an additional

14 2-ems;

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

16 second place it appears;

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

18 the first place it appears;

19 (4) by indenting the first line of the matter re20 ferred to in paragraph (1) and designating that mat21 ter as clause (i); and

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

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

24 of age, has served at least 30 years in pris25 on, pursuant to a sentence imposed under
32

•HR 4092 IH

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

2 or offenses for which the defendant is cur3 rently imprisoned, and a determination has

4 been made by the Director of the Bureau

5 of Prisons that the defendant is not a dan6 ger to the safety of any other person or the

7 community, as provided under section

8 3142(g) of this title;’’.

9 TITLE VI—VIOLENT REPEAT

10 OFFENDER INCARCERATION

11 SEC. 601. GRANTS FOR CORRECTIONAL FACILITIES.

12 (a) GRANT AUTHORIZATION.—The Attorney General

13 may make grants to individual States and to States, orga14 nized as multi-State compacts, to develop, expand, modify,

15 or improve correctional facilities and programs to ensure

16 that prison cell space is available for the confinement of

17 violent repeat offenders.

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

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

20 compacts, shall submit an application to the Attorney

21 General which includes—

22 (1) assurances that the State or States, have

23 implemented, or will implement, correctional policies

24 and programs that are designed to provide suffi25 ciently severe punishment for violent repeat offend-
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•HR 4092 IH

1 ers, including violent juvenile offenders, and that the

2 prison time served is appropriately related to the de3 termination that the inmate is a violent repeat of4 fender and for a period of time deemed necessary to

5 protect the public;

6 (2) assurances that the State or States have

7 implemented policies that provide for the recognition

8 of the rights and needs of crime victims;

9 (3) assurances that funds received under this

10 title will be used to develop, expand, modify, or im11 prove correctional facilities and programs to ensure

12 that prison cell space is available for the confine13 ment of violent repeat offenders;

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

15 comprehensive correctional plan which represents an

16 integrated approach to the management and oper17 ation of correctional facilities and programs and

18 which includes diversional programs, particularly

19 drug diversion programs, community corrections

20 programs, a prisoner screening and security classi21 fication system, prisoner rehabilitation and treat22 ment programs, prisoner work activities (including,

23 to the extent practicable, activities relating to the

24 development, expansion, modification, or improve25 ment of correctional facilities), and job skills pro-
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•HR 4092 IH

1 grams, a pre-release prisoner assessment to provide

2 risk reduction management, post-release assistance,

3 and an assessment of recidivism rates;

4 (5) assurances that the State or States have in5 volved counties and other units of local government,

6 when appropriate, in the development, expansion,

7 modification, or improvement of correctional facili8 ties and programs designed to ensure the incarcer9 ation of violent offenders;

10 (6) assurances that funds received under this

11 section will be used to supplement, not supplant,

12 other Federal, State, and local funds; and

13 (7) documentation of the multi-State compact

14 agreement that specifies the development, expansion,

15 modification, or improvement of correctional facili16 ties and programs.

17 (c) MATCHING REQUIREMENT.—The Federal share

18 of a grant received under this title may not exceed 75 per19 cent of the costs of a proposal described in an application

20 approved under this title.

21 SEC. 602. RULES AND REGULATIONS.

22 The Attorney General shall issue rules and regula23 tions regarding the uses of grant funds received under this

24 title not later than 90 days after the date of the enactment

25 of this title.
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1 SEC. 603. TECHNICAL ASSISTANCE AND TRAINING.

2 The Attorney General may request that the Director

3 of the National Institute of Corrections and the Director

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

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

7 SEC. 604. EVALUATION.

8 The Attorney General may request the Director of

9 the National Institute of Corrections to assist with an

10 evaluation of programs established with funds under this

11 title.

12 SEC. 605. DEFINITION.

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

14 means any State, the District of Columbia, the Common15 wealth of Puerto Rico, the United States Virgin Islands,

16 American Samoa, Guam, and the Northern Mariana

17 Islands.

18 SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated

20 $600,000,000 for each of the fiscal years 1994 through

21 1998 to carry out the purposes of this title.
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1 TITLE VII—DEATH PENALTY

2 SEC. 701. CONSTITUTIONAL PROCEDURES FOR THE IMPO3 SITION OF THE SENTENCE OF DEATH.

4 Part II of title 18 of the United States Code is

5 amended by adding the following new chapter after chap6 ter 227:

7 ‘‘CHAPTER 228—DEATH SENTENCE

‘‘Sec.

‘‘3591. Sentence of death.

‘‘3592. Mitigating and aggravating factors to be considered in determining

whether a sentence of death is justified.

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

‘‘3594. Imposition of a sentence of death.

‘‘3595. Review of a sentence of death.

‘‘3596. Implementation of a sentence of death.

‘‘3597. Use of State facilities.

‘‘3598. Special provisions for Indian country.

8 ‘‘§ 3591. Sentence of death

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

10 ‘‘(1) an offense described in section 794 or sec11 tion 2381 of this title;

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

13 death is provided, if the defendant, as determined

14 beyond a reasonable doubt at the hearing under sec15 tion 3593—

16 ‘‘(A) intentionally killed the victim;

17 ‘‘(B) intentionally inflicted serious bodily

18 injury that resulted in the death of the victim;

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

20 contemplating that the life of a person would be
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1 taken or intending that lethal force would be

2 used in connection with a person, other than

3 one of the participants in the offense, and the

4 victim died as a direct result of the act; or

5 ‘‘(D) intentionally and specifically engaged

6 in an act of violence, knowing that the act cre7 ated a grave risk of death to a person, other

8 than one of the participants in the offense, such

9 that participation in the act constituted a reck10 less disregard for human life and the victim

11 died as a direct result of the act,

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

13 of the Controlled Substances Act (21 U.S.C.

14 848(c)(1)), committed as part of a continuing crimi15 nal enterprise offense under the conditions described

16 in subsection (b) of that section which involved not

17 less than twice the quantity of controlled substance

18 described in subsection (b)(2)(A) of that section or

19 twice the gross receipts described in subsection

20 (b)(2)(B) of that section; or

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

22 of the Controlled Substances Act (21 U.S.C.

23 848(c)(1)), committed as part of a continuing crimi24 nal enterprise offense under that section, where the

25 defendant is a principal administrator, organizer, or
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1 leader of such an enterprise, and the defendant, in

2 order to obstruct the investigation or prosecution of

3 the enterprise or an offense involved in the enter4 prise, attempts to kill or knowingly directs, advises,

5 authorizes, or assists another to attempt to kill any

6 public officer, juror, witness, or members of the fam7 ily or household of such a person;

8 shall be sentenced to death if, after consideration of the

9 factors set forth in section 3592 in the course of a hearing

10 held pursuant to section 3593, it is determined that impo11 sition of a sentence of death is justified, except that no

12 person may be sentenced to death who was less than 18

13 years of age at the time of the offense.

14 ‘‘§ 3592. Mitigating and aggravating factors to be con15 sidered in determining whether a sen16 tence of death is justified

17 ‘‘(a) MITIGATING FACTORS.—In determining wheth18 er a sentence of death is to be imposed on a defendant,

19 the finder of fact shall consider any mitigating factor, in20 cluding the following:

21 ‘‘(1) IMPAIRED CAPACITY.—The defendant’s ca22 pacity to appreciate the wrongfulness of the defend23 ant’s conduct or to conform conduct to the require24 ments of law was significantly impaired, regardless
39

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1 of whether the capacity was so impaired as to con2 stitute a defense to the charge.

3 ‘‘(2) DURESS.—The defendant was under un4 usual and substantial duress, regardless of whether

5 the duress was of such a degree as to constitute a

6 defense to the charge.

7 ‘‘(3) MINOR PARTICIPATION.—The defendant is

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

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

10 which was committed by another, but the defend11 ant’s participation was relatively minor, regardless

12 of whether the participation was so minor as to con13 stitute a defense to the charge.

14 ‘‘(4) EQUALLY CULPABLE DEFENDANTS.—An15 other defendant or defendants, equally culpable in

16 the crime, will not be punished by death.

17 ‘‘(5) NO PRIOR CRIMINAL RECORD.—The de18 fendant did not have a significant prior history of

19 other criminal conduct.

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

21 the offense under severe mental or emotional dis22 turbance.

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

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

25 death.
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1 ‘‘(8) OTHER FACTORS.—Other factors in the

2 defendant’s background, record, or character or any

3 other circumstance of the offense that mitigate

4 against imposition of the death sentence.

5 ‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND

6 TREASON.—In determining whether a sentence of death

7 is justified for an offense described in section 3591(1), the

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

9 of the following aggravating factors for which notice has

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

11 ‘‘(1) PRIOR ESPIONAGE OR TREASON OF12 FENSE.—The defendant has previously been con13 victed of another offense involving espionage or trea14 son for which a sentence of either life imprisonment

15 or death was authorized by law.

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

17 the commission of the offense the defendant know18 ingly created a grave risk of substantial danger to

19 the national security.

20 ‘‘(3) GRAVE RISK OF DEATH.—In the commis21 sion of the offense the defendant knowingly created

22 a grave risk of death to another person.

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

24 whether any other aggravating factor for which notice has

25 been given exists.
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•HR 4092 IH

1 ‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE.—In

2 determining whether a sentence of death is justified for

3 an offense described in section 3591(2), the jury, or if

4 there is no jury, the court, shall consider each of the fol5 lowing aggravating factors for which notice has been given

6 and determine which, if any, exist:

7 ‘‘(1) DEATH DURING COMMISSION OF ANOTHER

8 CRIME.—The death, or injury resulting in death, oc9 curred during the commission or attempted commis10 sion of, or during the immediate flight from the

11 commission of, an offense under section 32 (destruc12 tion of aircraft or aircraft facilities), section 33 (de13 struction of motor vehicles or motor vehicle facili14 ties), section 36 (violence at international airports),

15 section 351 (violence against Members of Congress,

16 Cabinet officers, or Supreme Court Justices), an of17 fense under section 751 (prisoners in custody of in18 stitution or officer), section 794 (gathering or deliv19 ering defense information to aid foreign govern20 ment), section 844(d) (transportation of explosives

21 in interstate commerce for certain purposes), section

22 844(f) (destruction of Government property by ex23 plosives), section 1118 (prisoners serving life term),

24 section 1201 (kidnapping), section 844(i) (destruc25 tion of property affecting interstate commerce by ex-
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•HR 4092 IH

1 plosives), section 1116 (killing or attempted killing

2 of diplomats), section 1203 (hostage taking), section

3 1992 (wrecking trains), section 2280 (maritime vio4 lence), section 2281 (maritime platform violence),

5 section 2332 (terrorist acts abroad against United

6 States nationals), section 2339 (use of weapons of

7 mass destruction), or section 2381 (treason) of this

8 title, or section 902 (i) or (n) of the Federal Avia9 tion Act of 1958 (49 U.S.C. 1472 (i) or (n)) (air10 craft piracy).

11 ‘‘(2) PREVIOUS CONVICTION OF VIOLENT FEL12 ONY INVOLVING FIREARM.—For any offense, other

13 than an offense for which a sentence of death is

14 sought on the basis of section 924(c) of this title, as

15 amended by this Act, the defendant has previously

16 been convicted of a Federal or State offense punish17 able by a term of imprisonment of more than one

18 year, involving the use or attempted or threatened

19 use of a firearm, as defined in section 921 of this

20 title, against another person.

21 ‘‘(3) PREVIOUS CONVICTION OF OFFENSE FOR

22 WHICH A SENTENCE OF DEATH OR LIFE IMPRISON23 MENT WAS AUTHORIZED.—The defendant has pre24 viously been convicted of another Federal or State

25 offense resulting in the death of a person, for which
43

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1 a sentence of life imprisonment or a sentence of

2 death was authorized by statute.

3 ‘‘(4) PREVIOUS CONVICTION OF OTHER SERI4 OUS OFFENSES.—The defendant has previously been

5 convicted of two or more Federal or State offenses,

6 punishable by a term of imprisonment of more than

7 one year, committed on different occasions, involving

8 the infliction of, or attempted infliction of, serious

9 bodily injury or death upon another person.

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

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

12 offense, or in escaping apprehension for the violation

13 of the offense, knowingly created a grave risk of

14 death to one or more persons in addition to the vic15 tim of the offense.

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

17 OF COMMITTING OFFENSE.—The defendant commit18 ted the offense in an especially heinous, cruel, or de19 praved manner in that it involved torture or serious

20 physical abuse to the victim.

21 ‘‘(7) PROCUREMENT OF OFFENSE BY PAY22 MENT.—The defendant procured the commission of

23 the offense by payment, or promise of payment, of

24 anything of pecuniary value.
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•HR 4092 IH

1 ‘‘(8) PECUNIARY GAIN.—The defendant com2 mitted the offense as consideration for the receipt,

3 or in the expectation of the receipt, of anything of

4 pecuniary value.

5 ‘‘(9) SUBSTANTIAL PLANNING AND

6 PREMEDITATION.—The defendant committed the of7 fense after substantial planning and premeditation

8 to cause the death of a person or commit an act of

9 terrorism.

10 ‘‘(10) CONVICTION FOR TWO FELONY DRUG OF11 FENSES.—The defendant has previously been con12 victed of two or more State or Federal offenses pun13 ishable by a term of imprisonment of more than one

14 year, committed on different occasions, involving the

15 distribution of a controlled substance.

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

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

18 infirmity.

19 ‘‘(12) CONVICTION FOR SERIOUS FEDERAL

20 DRUG OFFENSES.—The defendant had previously

21 been convicted of violating title II or title III of the

22 Controlled Substances Act for which a sentence of 5

23 or more years may be imposed or had previously

24 been convicted of engaging in a continuing criminal

25 enterprise.
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•HR 4092 IH

1 ‘‘(13) CONTINUING CRIMINAL ENTERPRISE IN2 VOLVING DRUG SALES TO MINORS.—The defendant

3 committed the offense in the course of engaging in

4 a continuing criminal enterprise in violation of sec5 tion 408(c) of the Controlled Substances Act and

6 that violation involved the distribution of drugs to

7 persons under the age of 21 in violation of section

8 418 of such Act.

9 ‘‘(14) HIGH PUBLIC OFFICIALS.—The defend10 ant committed the offense against—

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

12 the President-elect, the Vice President, the

13 Vice-President-elect, the Vice-President-des14 ignate, or, if there is no Vice President, the of15 ficer next in order of succession to the office of

16 the President of the United States, or any per17 son who is acting as President under the Con18 stitution and laws of the United States;

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

20 or the political equivalent, of a foreign nation;

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

22 1116(b)(3)(A) of this title, if the official is in

23 the United States on official business; or

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

25 judge, a law enforcement officer, or an em-
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•HR 4092 IH

1 ployee of a United States penal or correctional

2 institution—

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

4 performance of his or her official duties;

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

6 or her official duties; or

7 ‘‘(iii) because of his or her status as

8 a public servant.

9 For purposes of this subparagraph, a ‘law en10 forcement officer’ is a public servant authorized

11 by law or by a Government agency or Congress

12 to conduct or engage in the prevention, inves13 tigation, or prosecution or adjudication of an

14 offense, and includes those engaged in correc15 tions, parole, or probation functions.

16 ‘‘(15) PRIOR CONVICTION OF SEXUAL ASSAULT

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

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

19 (sexual abuse of children), the defendant has pre20 viously been convicted of a crime of sexual assault

21 or crime of child molestation.

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

23 whether any other aggravating factor for which notice has

24 been given exists.
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•HR 4092 IH

1 ‘‘§ 3593. Special hearing to determine whether a sen2 tence of death is justified

3 ‘‘(a) NOTICE BY THE GOVERNMENT.—If, in a case

4 involving an offense described in section 3591, the attor5 ney for the government believes that the circumstances of

6 the offense are such that a sentence of death is justified

7 under this chapter, the attorney shall, a reasonable time

8 before the trial or before acceptance by the court of a plea

9 of guilty, sign and file with the court, and serve on the

10 defendant, a notice—

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

12 the circumstances of the offense are such that, if the

13 defendant is convicted, a sentence of death is justi14 fied under this chapter and that the government will

15 seek the sentence of death; and

16 ‘‘(2) setting forth the aggravating factor or fac17 tors that the government, if the defendant is con18 victed, proposes to prove as justifying a sentence of

19 death.

20 The factors for which notice is provided under this sub21 section may include factors concerning the effect of the

22 offense on the victim and the victim’s family, and may

23 include oral testimony, a victim impact statement that

24 identifies the victim of the offense and the extent and

25 scope of the injury and loss suffered by the victim and

26 the victim’s family, and any other relevant information.
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•HR 4092 IH

1 The court may permit the notice to include any aggravat2 ing factor that is not an element of the underlying offense.

3 The court may also permit the attorney for the govern4 ment to amend the notice upon a showing of good cause.

5 ‘‘(b) HEARING BEFORE A COURT OR JURY.—If the

6 attorney for the government has filed a notice as required

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

8 or pleads guilty to an offense described in section 3591,

9 the judge who presided at the trial or before whom the

10 guilty plea was entered, or another judge if that judge is

11 unavailable, shall conduct a separate sentencing hearing

12 to determine the punishment to be imposed. The hearing

13 shall be conducted—

14 ‘‘(1) before the jury that determined the de15 fendant’s guilt;

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

17 the hearing if—

18 ‘‘(A) the defendant was convicted upon a

19 plea of guilty;

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

21 trial before the court sitting without a jury;

22 ‘‘(C) the jury that determined the defend23 ant’s guilt was discharged for good cause; or
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1 ‘‘(D) after initial imposition of a sentence

2 under this section, reconsideration of the sen3 tence under this section is necessary; or

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

5 the defendant.

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

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

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

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

10 ‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC11 TORS.—Notwithstanding rule 32(c) of the Federal Rules

12 of Criminal Procedure, when a defendant is found guilty

13 or pleads guilty to an offense under section 3591, no

14 presentence report shall be prepared. At the sentencing

15 hearing, information may be presented as to any matter

16 relevant to the sentence, including any mitigating or ag17 gravating factor permitted or required to be considered

18 under section 3592. Information presented may include

19 the trial transcript and exhibits if the hearing is held be20 fore a jury or judge not present during the trial. The de21 fendant may present any information relevant to a miti22 gating factor. The government may present any informa23 tion relevant to an aggravating factor for which notice has

24 been provided under subsection (a). The government and

25 the defendant shall be permitted to rebut any information
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1 received at the hearing, and shall be given fair opportunity

2 to present argument as to the adequacy of the information

3 to establish the existence of any aggravating or mitigating

4 factor, and as to the appropriateness in the case of impos5 ing a sentence of death. The government shall open the

6 argument. The defendant shall be permitted to reply. The

7 government shall then be permitted to reply in rebuttal.

8 The burden of establishing the existence of any aggravat9 ing factor is on the government, and is not satisfied unless

10 the existence of such a factor is established beyond a rea11 sonable doubt. The burden of establishing the existence

12 of any mitigating factor is on the defendant, and is not

13 satisfied unless the existence of such a factor is established

14 by a preponderance of the information.

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

16 if there is no jury, the court, shall consider all the informa17 tion received during the hearing. It shall return special

18 findings identifying any aggravating factor or factors set

19 forth in section 3592 found to exist and any other aggra20 vating factor for which notice has been provided under

21 subsection (a) found to exist. A finding with respect to

22 a mitigating factor may be made by 1 or more members

23 of the jury, and any member of the jury who finds the

24 existence of a mitigating factor may consider such factor

25 established for purposes of this section regardless of the
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1 number of jurors who concur that the factor has been es2 tablished. A finding with respect to any aggravating factor

3 must be unanimous. If no aggravating factor set forth in

4 section 3592 is found to exist, the court shall impose a

5 sentence other than death authorized by law.

6 ‘‘(e) RETURN OF A FINDING CONCERNING A SEN7 TENCE OF DEATH.—If, in the case of—

8 ‘‘(1) an offense described in section 3591(1), an

9 aggravating factor required to be considered under

10 section 3592(b) is found to exist; or

11 ‘‘(2) an offense described in section 3591(2), an

12 aggravating factor required to be considered under

13 section 3592(c) is found to exist,

14 the jury, or if there is no jury, the court, shall consider

15 whether all the aggravating factor or factors found to exist

16 sufficiently outweigh all the mitigating factor or factors

17 found to exist to justify a sentence of death, or, in the

18 absence of a mitigating factor, whether the aggravating

19 factor or factors alone are sufficient to justify a sentence

20 of death. Based upon this consideration, the jury by unan21 imous vote, or if there is no jury, the court, shall rec22 ommend whether the defendant should be sentenced to

23 death, to life imprisonment without possibility of release,

24 or to some other lesser sentence. The jury or the court,

25 if there is no jury, regardless of its findings with respect
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1 to aggravating and mitigating factors, is never required

2 to impose a death sentence and the jury shall be so

3 instructed.

4 ‘‘(f) SPECIAL PRECAUTION TO ENSURE AGAINST

5 DISCRIMINATION.—In a hearing held before a jury, the

6 court, prior to the return of a finding under subsection

7 (e), shall instruct the jury that, in considering whether

8 a sentence of death is justified, it shall not consider the

9 race, color, religious beliefs, national origin, or sex of the

10 defendant or of any victim and that the jury is not to rec11 ommend a sentence of death unless it has concluded that

12 it would recommend a sentence of death for the crime in

13 question no matter what the race, color, religious beliefs,

14 national origin, or sex of the defendant or of any victim

15 may be. The jury, upon return of a finding under sub16 section (e), shall also return to the court a certificate,

17 signed by each juror, that consideration of the race, color,

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

19 or any victim was not involved in reaching his or her indi20 vidual decision and that the individual juror would have

21 made the same recommendation regarding a sentence for

22 the crime in question no matter what the race, color, reli23 gious beliefs, national origin, or sex of the defendant or

24 any victim may be.
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1 ‘‘§ 3594. Imposition of a sentence of death

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

3 the defendant should be sentenced to death or life impris4 onment without possibility of release, the court shall sen5 tence the defendant accordingly. Otherwise, the court shall

6 impose any lesser sentence that is authorized by law. Not7 withstanding any other provision of law, if the maximum

8 term of imprisonment for the offense is life imprisonment,

9 the court may impose a sentence of life imprisonment

10 without possibility of release.

11 ‘‘§ 3595. Review of a sentence of death

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

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

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

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

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

17 be consolidated with an appeal of the judgment of convic18 tion and shall have priority over all other cases.

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

20 entire record in the case, including—

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

22 ‘‘(2) the information submitted during the sen23 tencing hearing;

24 ‘‘(3) the procedures employed in the sentencing

25 hearing; and
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•HR 4092 IH

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

2 3593(d).

3 ‘‘(c) DECISION AND DISPOSITION.—

4 ‘‘(1) The court of appeals shall address all sub5 stantive and procedural issues raised on the appeal

6 of a sentence of death, and shall consider whether

7 the sentence of death was imposed under the influ8 ence of passion, prejudice, or any other arbitrary

9 factor and whether the evidence supports the special

10 finding of the existence of an aggravating factor re11 quired to be considered under section 3592.

12 ‘‘(2) Whenever the court of appeals finds

13 that—

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

15 under the influence of passion, prejudice, or any

16 other arbitrary factor;

17 ‘‘(B) the admissible evidence and informa18 tion adduced does not support the special find19 ing of the existence of the required aggravating

20 factor; or

21 ‘‘(C) the proceedings involved any other

22 legal error requiring reversal of the sentence

23 that was properly preserved for appeal under

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

2 under section 3593 or imposition of a sentence other

3 than death.

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

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

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

8 finds that a remaining aggravating factor found to

9 exist is one allowed under section 3592 of this title

10 and that the remaining aggravating factor or factors

11 found to exist sufficiently outweigh any mitigating

12 factors found to exist.

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

14 ‘‘(a) IN GENERAL.—A person who has been sen15 tenced to death pursuant to the provisions of this chapter

16 shall be committed to the custody of the Attorney General

17 until exhaustion of the procedures for appeal of the judg18 ment of conviction and for review of the sentence. When

19 the sentence is to be implemented, the Attorney General

20 shall release the person sentenced to death to the custody

21 of a United States marshal, who shall supervise implemen22 tation of the sentence in the manner prescribed by the law

23 of the State in which the sentence is imposed. If the law

24 of such State does not provide for implementation of a

25 sentence of death, the court shall designate another State,
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•HR 4092 IH

1 the law of which does provide for the implementation of

2 a sentence of death, and the sentence shall be implemented

3 in the latter State in the manner prescribed by such law.

4 ‘‘(b) PREGNANT WOMAN.—A sentence of death shall

5 not be carried out upon a woman while she is pregnant.

6 ‘‘(c) MENTAL CAPACITY.—A sentence of death shall

7 not be carried out upon a person who is mentally retarded.

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

9 who, as a result of mental disability, lacks the mental ca10 pacity to understand the death penalty and why it was

11 imposed on that person.

12 ‘‘§ 3597. Use of State facilities

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

14 charged with supervising the implementation of a sentence

15 of death may use appropriate State or local facilities for

16 the purpose, may use the services of an appropriate State

17 or local official or of a person such an official employs

18 for the purpose, and shall pay the costs thereof in an

19 amount approved by the Attorney General.

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

22 of corrections, the United States Department of Justice,

23 the Federal Bureau of Prisons, or the United States Mar24 shals Service, and no employee providing services to that

25 department, bureau, or service under contract shall be re-
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•HR 4092 IH

1 quired, as a condition of that employment or contractual

2 obligation, to be in attendance at or to participate in any

3 prosecution or execution under this section if such partici4 pation is contrary to the moral or religious convictions of

5 the employee. For purposes of this subsection, the term

6 ‘participation’ includes personal preparation of the con7 demned individual and the apparatus used for execution

8 and supervision of the activities of other personnel in car9 rying out such activities.

10 ‘‘§ 3598. Special provisions for Indian country

11 ‘‘Notwithstanding sections 1152 and 1153, no person

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

14 chapter for any offense the Federal jurisdiction for which

15 is predicated solely on Indian country as defined in section

16 1151 of this title, and which has occurred within the

17 boundaries of such Indian country, unless the governing

18 body of the tribe has elected that this chapter have effect

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

20 (b) AMENDMENT OF CHAPTER ANALYSIS.—The

21 chapter analysis of part II of title 18, United States Code,

22 is amended by adding the following new item after the

23 item relating to chapter 227:

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

2 FOR WHICH DEATH PENALTY IS AUTHOR3 IZED.

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

5 United States Code, is amended as follows:

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

7 United States Code, is amended by striking the pe8 riod at the end of the subsection and inserting ‘‘, ex9 cept that the sentence of death shall not be imposed

10 unless the jury or, if there is no jury, the court, fur11 ther finds that the offense resulted in the identifica12 tion by a foreign power (as defined in section 101(a)

13 of the Foreign Intelligence Surveillance Act of 1978)

14 of an individual acting as an agent of the United

15 States and consequently in the death of that individ16 ual, or directly concerned nuclear weaponry, military

17 spacecraft or satellites, early warning systems, or

18 other means of defense or retaliation against large19 scale attack; war plans; communications intelligence

20 or cryptographic information; or any other major

21 weapons system or major element of defense

22 strategy.’’.

23 (2) MURDER.—The second undesignated para24 graph of section 1111(b) of title 18, United States

25 Code, is amended to read as follows:
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1 ‘‘Whoever is guilty of murder in the first degree shall

2 be punished by death or by imprisonment for life;’’.

3 (3) KILLING OF FOREIGN OFFICIALS OR INTER4 NATIONALLY PROTECTED PERSONS.—Section

5 1116(a) of title 18, United States Code, is amended

6 by striking ‘‘any such person who is found guilty of

7 murder in the first degree shall be sentenced to im8 prisonment for life, and’’.

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

10 United States Code, is amended by inserting after

11 ‘‘or for life’’ the following: ‘‘and, if the death of any

12 person results, shall be punished by death or life im13 prisonment’’.

14 (5) NONMAILABLE INJURIOUS ARTICLES.—The

15 last paragraph of section 1716 of title 18, United

16 States Code, is amended by striking the comma

17 after ‘‘imprisonment for life’’ and inserting a period

18 and striking the remainder of the paragraph.

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

20 undesignated paragraph of section 1992 of title 18,

21 United States Code, is amended by striking the

22 comma after ‘‘imprisonment for life’’ and inserting

23 a period and striking the remainder of the section.

24 (7) BANK ROBBERY.—Section 2113(e) of title

25 18, United States Code, is amended by striking ‘‘or
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1 punished by death if the verdict of the jury shall so

2 direct’’ and inserting ‘‘or if death results shall be

3 punished by death or life imprisonment’’.

4 (8) EXPLOSIVE MATERIALS.—(A) Section

5 844(d) of title 18, United States Code, is amended

6 by striking ‘‘as provided in section 34 of this title’’.

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

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

9 34 of this title’’.

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

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

12 34 of this title’’.

13 (9) DEATH PENALTY FOR THE MURDER OF

14 FEDERAL LAW ENFORCEMENT OFFICIALS.—Section

15 1114 of title 18, United States Code, is amended by

16 striking ‘‘punished as provided under sections 1111

17 and 1112 of this title,’’ and inserting ‘‘punished, in

18 the case of murder, by a sentence of death or life

19 imprisonment as provided under section 1111 of this

20 title, or, in the case of manslaughter, a sentence as

21 provided under section 1112 of this title,’’.

22 (b) CONFORMING AMENDMENT TO FEDERAL AVIA23 TION ACT OF 1954.—Section 903 of the Federal Aviation

24 Act of 1958 (49 U.S.C. 1473) is amended by striking sub-
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1 section (c) and by striking the item relating to subsection

2 (c) in the table of contents at the beginning of such Act.

3 (c) AIRCRAFT AND MOTOR VEHICLES.—Section 34

4 of title 18, United States Code, is amended by striking

5 the comma after ‘‘imprisonment for life’’ and inserting a

6 period and striking the remainder of the section.

7 SEC. 703. AUTHORIZATION OF DEATH PENALTY FOR EXIST8 ING OFFENSES.

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

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

11 life’’ the following: ‘‘and, if the death of any person re12 sults, shall be punished by death or life imprisonment’’.

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

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

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

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

17 or both’’ and inserting ‘‘and if death results, shall be pun18 ished by death or life imprisonment, or shall be fined

19 under this title, or both’’.

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

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

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

23 or a fine under this title, or both; and for kidnap24 ping, by imprisonment for any term of years or for

25 life, or a fine under this title, or both;’’.
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1 (d) GENOCIDE.—Section 1091(b)(1) of title 18, Unit2 ed States Code, is amended by striking ‘‘, a fine of not

3 more than $1,000,000 and imprisonment for life;’’ and in4 serting ‘‘, where death results, by death or imprisonment

5 for life and a fine under this title, or both;’’.

6 (e) CARJACKING.—Section 2119(3) of title 18, Unit7 ed States Code, is amended to read as follows:

8 ‘‘(3) if death results, be punished by death or

9 imprisoned for any term of years or for life, fined

10 under this title, or both.’’

11 (f) DEATH PENALTY FOR RAPE AND CHILD MOLES12 TATION MURDERS.—

13 (1) OFFENSE.—Chapter 109A of title 18, Unit14 ed States Code, is amended by redesignating section

15 2245 as section 2246, and by inserting after section

16 2244 the following:

17 ‘‘§ 2245. Sexual abuse resulting in death

18 ‘‘Whoever, in the course of an offense under this

19 chapter, engages in conduct that results in the death of

20 a person, shall be punished by death or imprisoned for

21 any term of years or for life.’’.

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of chapter 109A of title 18,

24 United States Code, is amended by striking the item

25 for section 2245 and adding the following:

‘‘2245. Sexual abuse resulting in death.
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‘‘2246. Definitions for chapter.’’.

1 (g) DEATH PENALTY FOR SEXUAL EXPLOITATION

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

3 States Code, is amended by adding at the end the follow4 ing: ‘‘Whoever, in the course of an offense under this sec5 tion, engages in conduct that results in the death of a per6 son, shall be punished by death or imprisoned for any term

7 of years or for life.’’.

8 (h) HOMICIDES AND ATTEMPTED HOMICIDES IN9 VOLVING FIREARMS IN FEDERAL FACILITIES.—Section

10 930 of title 18, United States Code, is amended—

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

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

13 respectively;

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

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

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

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

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

20 use of a firearm or other dangerous weapon, shall be pun21 ished as provided in sections 1111, 1112, and 1113 of this

22 title.’’;

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

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

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

2 (b), and (c)’’; and

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

4 and inserting ‘‘(e)’’.

5 (i) DEATH PENALTY FOR MURDER OF FEDERAL

6 WITNESSES.—Section 1512(a)(2)(A) of title 18, United

7 States Code, is amended to read as follows:

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

9 1111 of this title, the death penalty or imprisonment

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

12 (j) PROTECTION OF COURT OFFICERS AND JU13 RORS.—Section 1503 of title 18, United States Code, is

14 amended—

15 (1) by designating the current text as sub16 section (a);

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

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

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

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

21 ‘‘(b) The punishment for an offense under this sec22 tion is—

23 ‘‘(1) in the case of a killing, the punishment

24 provided in sections 1111 and 1112 of this title;
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1 ‘‘(2) in the case of an attempted killing, or a

2 case in which the offense was committed against a

3 petit juror and in which a class A or B felony was

4 charged, imprisonment for not more than twenty

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

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

7 more than ten years, a fine under this title, or

8 both.’’; and

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

10 section, by striking ‘‘commissioner’’ each place it ap11 pears and inserting ‘‘magistrate judge’’.

12 (k) FOREIGN MURDER OF UNITED STATES NATION13 ALS.—

14 (1) IN GENERAL.—Chapter 51 of title 18, Unit15 ed States Code, is amended by adding at the end

16 thereof the following new section:

17 ‘‘§ 1118. Foreign murder of United States nationals

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

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

20 while such national is outside the United States but within

21 the jurisdiction of another country shall be punished as

22 provided under sections 1111, 1112, and 1113 of this title.

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

24 person under this section except upon the written approval

25 of the Attorney General, the Deputy Attorney General, or
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1 an Assistant Attorney General, which function of approv2 ing prosecutions may not be delegated. No prosecution

3 shall be approved if prosecution has been previously un4 dertaken by a foreign country for the same conduct.

5 ‘‘(c) No prosecution shall be approved under this sec6 tion unless the Attorney General, in consultation with the

7 Secretary of State, determines that the conduct took place

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

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

10 return. A determination by the Attorney General under

11 this subsection is not subject to judicial review.

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

13 the United States’ has the meaning given such term in

14 section 101(a)(22) of the Immigration and Nationality Act

15 (8 U.S.C. 1101(a)(22)).’’.

16 (2) CONFORMING AMENDMENT.—Section 1117

17 of title 18, United States Code, is amended by strik18 ing ‘‘or 1116’’ and inserting ‘‘1116, or 1118’’.

19 (3) CLERICAL AMENDMENT.—The table of sec20 tions at the beginning of chapter 51 of title 18,

21 United States Code, is amended by adding at the

22 end the following new item:

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

23 (l) DEATH PENALTY FOR CIVIL RIGHTS MUR24 DERS.—
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1 (1) CONSPIRACY AGAINST RIGHTS.—Section

2 241 of title 18, United States Code, is amended by

3 striking the period at the end of the last sentence

4 and inserting ‘‘, or may be sentenced to death.’’.

5 (2) DEPRIVATION OF RIGHTS UNDER COLOR OF

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

7 is amended by striking the period at the end of the

8 last sentence and inserting ‘‘, or may be sentenced

9 to death.’’.

10 (3) FEDERALLY PROTECTED ACTIVITIES.—Sec11 tion 245(b) of title 18, United States Code, is

12 amended in the matter following paragraph (5) by

13 inserting ‘‘, or may be sentenced to death’’ after ‘‘or

14 for life’’.

15 (4) DAMAGE TO RELIGIOUS PROPERTY; OB16 STRUCTION OF THE FREE EXERCISE OF RELIGIOUS

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

18 States Code, is amended by inserting ‘‘, or may be

19 sentenced to death’’ after ‘‘or both’’.

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

21 PRISONER.

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

23 States Code, is amended by adding at the end the follow24 ing:
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1 ‘‘§ 1119. Murder by a Federal prisoner

2 ‘‘(a) OFFENSE.—Whoever, while confined in a Fed3 eral correctional institution under a sentence for a term

4 of life imprisonment, commits the murder of another shall

5 be punished by death or by life imprisonment.

6 ‘‘(b) DEFINITIONS.—For the purposes of this sec7 tion—

8 ‘‘(1) the term ‘Federal correctional institution’

9 means any Federal prison, Federal correctional facil10 ity, Federal community program center, or Federal

11 halfway house;

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

13 a sentence for the term of natural life, a sentence

14 commuted to natural life, an indeterminate term of

15 a minimum of at least fifteen years and a maximum

16 of life, or an unexecuted sentence of death; and

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

18 second degree murder as defined by section 1111 of

19 this title.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections

21 at the beginning of chapter 51 of title 18, United States

22 Code, is amended by adding at the end thereof the follow23 ing:

‘‘1119. Murder by a Federal prisoner.’’.
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1 SEC. 705. MURDER BY ESCAPED PRISONERS.

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

3 States Code, is amended by adding at the end the follow4 ing:

5 ‘‘§ 1120. Murder by escaped prisoners

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

7 a Federal prison where such person was confined under

8 a sentence for a term of life imprisonment, kills another

9 shall be punished as provided in sections 1111 and 1112

10 of this title.

11 ‘‘(b) DEFINITION.—As used in this section, the terms

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

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

14 (b) CLERICAL AMENDMENT.—The table of sections

15 at the beginning of chapter 51 of title 18, United States

16 Code, is amended by adding at the end the following:

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

17 SEC. 706. DRIVE-BY SHOOTINGS.

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

19 States, Code, is amended by adding at the end the follow20 ing:

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

22 to—

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

24 vehicle; and
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1 ‘‘(2) thereby create a grave risk to human

2 life.’’.

3 (b) PENALTY.—Section 924(a) of such title is amend4 ed by adding at the end the following:

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

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

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

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

9 SEC. 707. DEATH PENALTY FOR GUN MURDERS DURING

10 FEDERAL CRIMES OF VIOLENCE AND DRUG

11 TRAFFICKING CRIMES.

12 Section 924 of title 18, United States Code, is

13 amended by adding at the end the following:

14 ‘‘(j) Whoever, in the course of a violation of sub15 section (c) of this section, causes the death of a person

16 through the use of a firearm, shall—

17 ‘‘(1) if the killing is a murder as defined in sec18 tion 1111 of this title, be punished by death or by

19 imprisonment for any term of years or for life; and

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

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

22 that section.’’.
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1 SEC. 708. DEATH PENALTY FOR THE MURDER OF STATE OR

2 LOCAL OFFICIALS ASSISTING FEDERAL LAW

3 ENFORCEMENT OFFICIALS AND STATE COR4 RECTIONAL OFFICERS.

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

6 States Code is amended by adding at the end the

7 following:

8 ‘‘§ 1121. Killing persons aiding Federal investigations

9 or State correctional officers

10 ‘‘(a) Whoever intentionally kills—

11 ‘‘(1) a State or local official, law enforcement

12 officer, or other officer or employee while working

13 with Federal law enforcement officials in furtherance

14 of a Federal criminal investigation—

15 ‘‘(A) while the victim is engaged in the

16 performance of official duties;

17 ‘‘(B) because of the performance of the

18 victim’s official duties; or

19 ‘‘(C) because of the victim’s status as a

20 public servant; or

21 ‘‘(2) any person assisting a Federal criminal in22 vestigation, while that assistance is being rendered

23 and because of it,

24 shall be sentenced according to the terms of section 1111

25 of this title, including by sentence of death or by imprison26 ment for life.
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1 ‘‘(b)(1) Whoever, in a circumstance described in

2 paragraph (3) of this subsection, while incarcerated, inten3 tionally kills any State correctional officer engaged in, or

4 on account of the performance of such officer’s official du5 ties, shall be sentenced to a term of imprisonment which

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

7 life imprisonment or death.

8 ‘‘(2) As used in this section, the term, ‘State correc9 tional officer’ includes any officer or employee of any pris10 on, jail, or other detention facility, operated by, or under

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

12 whose job responsibilities include providing for the custody

13 of incarcerated individuals.

14 ‘‘(3) The circumstance referred to in paragraph (1)

15 of this subsection is that—

16 ‘‘(A) the correctional officer is engaged in

17 transporting the incarcerated person interstate; or

18 ‘‘(B) the incarcerated person is incarcerated

19 pursuant to a conviction for an offense against the

20 United States.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections

22 at the beginning of chapter 51 of title 18, United States

23 Code, is amended by adding at the end the following:

‘‘1121. Killing persons aiding Federal investigations or State correctional officers.’’.
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1 SEC. 709. PROHIBITION OF RETALIATORY KILLINGS OF

2 WITNESSES, VICTIMS AND INFORMANTS.

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

4 amended—

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

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

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

8 subsection (a) as follows:

9 ‘‘(a)(1) Whoever kills or attempts to kill another per10 son with intent to retaliate against any person for—

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

12 official proceeding, or any testimony given or any

13 record, document, or other object produced by a wit14 ness in an official proceeding; or

15 ‘‘(B) any information relating to the commis16 sion or possible commission of a Federal offense or

17 a violation of conditions of probation, parole or re18 lease pending judicial proceedings given by a person

19 to a law enforcement officer;

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

21 ‘‘(2) The punishment for an offense under this sub22 section is—

23 ‘‘(A) in the case of a killing, the punishment

24 provided in sections 1111 and 1112 of this title; and
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1 ‘‘(B) in the case of an attempt, imprisonment

2 for not more than twenty years, a fine under this

3 title, or both.’’.

4 SEC. 710. WEAPONS OF MASS DESTRUCTION.

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

6 States Code, is amended by inserting after section 2332

7 the following new section:

8 ‘‘§ 2332a. Use of weapons of mass destruction

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

10 a weapon of mass destruction—

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

12 while such national is outside of the United States;

13 ‘‘(2) against any person within the United

14 States; or

15 ‘‘(3) against any property that is owned, leased

16 or used by the United States or by any department

17 or agency of the United States, whether the property

18 is within or outside of the United States;

19 shall be imprisoned for any term of years or for life, and

20 if death results, shall be punished by death or imprisoned

21 for any term of years or for life.

22 ‘‘(b) For purposes of this section—

23 ‘‘(1) the term ‘national of the United States’

24 has the meaning given in section 101(a)(22) of the
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1 Immigration and Nationality Act (8 U.S.C.

2 1101(a)(22)); and

3 ‘‘(2) the term ‘weapon of mass destruction’

4 means—

5 ‘‘(A) any destructive device as defined in

6 section 921 of this title;

7 ‘‘(B) poison gas;

8 ‘‘(C) any weapon involving a disease orga9 nism; or

10 ‘‘(D) any weapon that is designed to re11 lease radiation or radioactivity at a level dan12 gerous to human life.’’.

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

14 at the beginning of chapter 113A of title 18, United States

15 Code, is amended by inserting after the item relating to

16 section 2332 the following:

‘‘2332a. Use of weapons of mass destruction.’’.

17 SEC. 711. VIOLENCE AT AIRPORTS SERVING INTER18 NATIONAL CIVIL AVIATION.

19 (a) OFFENSE.—Chapter 2 of title 18, United States

20 Code, is amended by adding at the end the following:

21 ‘‘§ 36. Violence at international airports

22 ‘‘(a) Whoever unlawfully and intentionally, using any

23 device, substance or weapon—

24 ‘‘(1) performs an act of violence against a per25 son at an airport serving international civil aviation
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1 which causes or is likely to cause serious bodily in2 jury (as defined in section 1365 of this title) or

3 death; or

4 ‘‘(2) destroys or seriously damages the facilities

5 of an airport serving international civil aviation or a

6 civil aircraft not in service located thereon or

7 disrupts the services of the airport;

8 if such an act endangers or is likely to endanger safety

9 at that airport, or attempts to do such an act, shall be

10 fined under this title or imprisoned not more than twenty

11 years, or both; and if the death of any person results from

12 conduct prohibited by this subsection, shall be punished

13 by death or imprisoned for any term of years or for life.

14 ‘‘(b) There is jurisdiction over the prohibited activity

15 in subsection (a) if—

16 ‘‘(1) the prohibited activity takes place in the

17 United States; or

18 ‘‘(2) the prohibited activity takes place outside

19 of the United States and the offender is later found

20 in the United States.

21 ‘‘(c) It is a bar to Federal prosecution under sub22 section (a) for conduct that occurred within the United

23 States that the conduct involved—
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1 ‘‘(1) a domestic dispute solely affecting and be2 tween members of the same family or household or

3 between social acquaintances; or

4 ‘‘(2) was during or in relation to a labor dis5 pute, and such conduct was prohibited as a felony

6 under the law of the State in which it was commit7 ted.

8 For purposes of this section, the term ‘labor dispute’ has

9 the meaning set forth in section 2(c) of the Norris10 LaGuardia Act (29 U.S.C. 113(c)).’’.

11 (b) CLERICAL AMENDMENT.—The table of sections

12 at the beginning of chapter 2 of title 18, United States

13 Code, is amended by adding at the end the following:

‘‘36. Violence at international airports.’’.

14 (c) EFFECTIVE DATE.—This section shall take effect

15 on the later of—

16 (1) the date of the enactment of this Act; or

17 (2) the date the Protocol for the Suppression of

18 Unlawful Acts of Violence at Airports Serving Inter19 national Civil Aviation, Supplementary to the Con20 vention for the Suppression of Unlawful Acts

21 Against the Safety of Civil Aviation, done at Mon22 treal on 23 September 1971, has come into force

23 and the United States has become a party to the

24 Protocol.
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1 SEC. 712. OFFENSES OF VIOLENCE AGAINST MARITIME

2 NAVIGATION OR FIXED PLATFORMS.

3 (a) OFFENSES.—Chapter 111 of title 18, United

4 States Code, is amended by adding at the end the

5 following:

6 ‘‘§ 2280. Violence against maritime navigation

7 ‘‘(a) Whoever unlawfully and intentionally—

8 ‘‘(1) seizes or exercises control over a ship by

9 force or threat thereof or any other form of intimi10 dation;

11 ‘‘(2) performs an act of violence against a per12 son on board a ship if that act is likely to endanger

13 the safe navigation of that ship;

14 ‘‘(3) destroys a ship or causes damage to a ship

15 or to its cargo which is likely to endanger the safe

16 navigation of that ship;

17 ‘‘(4) places or causes to be placed on a ship, by

18 any means whatsoever, a device or substance which

19 is likely to destroy that ship, or cause damage to

20 that ship or its cargo which endangers or is likely

21 to endanger the safe navigation of that ship;

22 ‘‘(5) destroys or seriously damages maritime

23 navigational facilities or seriously interferes with

24 their operation, if such act is likely to endanger the

25 safe navigation of a ship;
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1 ‘‘(6) communicates information, knowing the

2 information to be false and under circumstances in

3 which such information may reasonably be believed,

4 thereby endangering the safe navigation of a ship;

5 ‘‘(7) injures or kills any person in connection

6 with the commission or the attempted commission of

7 any of the offenses set forth in paragraphs (1)

8 through (6); or

9 ‘‘(8) attempts to do any act prohibited under

10 paragraphs (1) through (7);

11 shall be fined under this title or imprisoned not more than

12 twenty years, or both; and if the death of any person re13 sults, from conduct prohibited by this subsection, shall be

14 punished by death or imprisoned for any term of years

15 or for life.

16 ‘‘(b) Whoever threatens to do any act prohibited

17 under paragraph (2), (3) or (5) of subsection (a), with

18 apparent determination and will to carry the threat into

19 execution, if the threatened act is likely to endanger the

20 safe navigation of the ship in question, shall be fined

21 under this title or imprisoned not more than five years,

22 or both.

23 ‘‘(c) There is jurisdiction over the prohibited activity

24 in subsections (a) and (b)—

25 ‘‘(1) in the case of a covered ship, if—
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1 ‘‘(A) such activity is committed—

2 ‘‘(i) against or on board a ship flying

3 the flag of the United States at the time

4 the prohibited activity is committed;

5 ‘‘(ii) in the United States and the ac6 tivity is not prohibited as a crime by the

7 State in which the activity takes place; or

8 ‘‘(iii) the activity takes place on a ship

9 flying the flag of a foreign country or out10 side the United States, by a national of the

11 United States or by a stateless person

12 whose habitual residence is in the United

13 States;

14 ‘‘(B) during the commission of such activ15 ity, a national of the United States is seized,

16 threatened, injured or killed; or

17 ‘‘(C) the offender is later found in the

18 United States after such activity is committed;

19 ‘‘(2) in the case of a ship navigating or sched20 uled to navigate solely within the territorial sea or

21 internal waters of a country other than the United

22 States, if the offender is later found in the United

23 States after such activity is committed; and
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1 ‘‘(3) in the case of any vessel, if such activity

2 is committed in an attempt to compel the United

3 States to do or abstain from doing any act.

4 ‘‘(d) It is a bar to Federal prosecution under sub5 section (a) for conduct that occurred within the United

6 States that the conduct involved—

7 ‘‘(1) a domestic dispute solely affecting and be8 tween members of the same family or household or

9 between social acquaintances; or

10 ‘‘(2) was during or in relation to a labor dis11 pute, and such conduct was prohibited as a felony

12 under the law of the State in which it was commit13 ted.

14 For purposes of this section, the term ‘labor dispute’ has

15 the meaning set forth in section 2(c) of the Norris16 LaGuardia Act (29 U.S.C. 113(c)).

17 ‘‘(e) The master of a covered ship flying the flag of

18 the United States who has reasonable grounds to believe

19 that there is on board that ship any person who has com20 mitted an offense under Article 3 of the Convention for

21 the Suppression of Unlawful Acts Against the Safety of

22 Maritime Navigation may deliver such person to the au23 thorities of a State Party to that Convention. Before deliv24 ering such person to the authorities of another country,

25 the master shall notify in an appropriate manner the At-
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1 torney General of the United States of the alleged offense

2 and await instructions from the Attorney General as to

3 what action to take. When delivering the person to a coun4 try which is a State Party to the Convention, the master

5 shall, whenever practicable, and if possible before entering

6 the territorial sea of such country, notify the authorities

7 of such country of the master’s intention to deliver such

8 person and the reasons therefor. If the master delivers

9 such person, the master shall furnish to the authorities

10 of such country the evidence in the master’s possession

11 that pertains to the alleged offense.

12 ‘‘(f) As used in this section, the term—

13 ‘‘(1) the term ‘ship’ means a vessel of any type

14 whatsoever not permanently attached to the sea-bed,

15 including dynamically supported craft, submersibles

16 or any other floating craft; but such term does not

17 include a warship, a ship owned or operated by a

18 government when being used as a naval auxiliary or

19 for customs or police purposes, or a ship which has

20 been withdrawn from navigation or laid up;

21 ‘‘(2) the term ‘covered ship’ means a ship that

22 is navigating or is scheduled to navigate into,

23 through or from waters beyond the outer limit of the

24 territorial sea of a single country or a lateral limit
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1 of that country’s territorial sea with an adjacent

2 country;

3 ‘‘(3) the term ‘national of the United States’

4 has the meaning given such term in section

5 101(a)(22) of the Immigration and Nationality Act

6 (8 U.S.C. 1101(a)(22));

7 ‘‘(4) the term ‘territorial sea of the United

8 States’ means all waters extending seaward to 12

9 nautical miles from the baselines of the United

10 States determined in accordance with international

11 law; and

12 ‘‘(5) the term ‘United States’, when used in a

13 geographical sense, includes the Commonwealth of

14 Puerto Rico, the Commonwealth of the Northern

15 Marianas Islands and all territories and possessions

16 of the United States.

17 ‘‘§ 2281. Violence against maritime fixed platforms

18 ‘‘(a) Whoever unlawfully and intentionally—

19 ‘‘(1) seizes or exercises control over a fixed

20 platform by force or threat thereof or any other

21 form of intimidation;

22 ‘‘(2) performs an act of violence against a per23 son on board a fixed platform if that act is likely to

24 endanger its safety;
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1 ‘‘(3) destroys a fixed platform or causes dam2 age to it which is likely to endanger its safety;

3 ‘‘(4) places or causes to be placed on a fixed

4 platform, by any means whatsoever, a device or sub5 stance which is likely to destroy that fixed platform

6 or likely to endanger its safety;

7 ‘‘(5) injures or kills any person in connection

8 with the commission or the attempted commission of

9 any of the offenses set forth in paragraphs (1)

10 through (4); or

11 ‘‘(6) attempts to do anything prohibited under

12 paragraphs (1) through (5);

13 shall be fined under this title or imprisoned not more than

14 twenty years, or both; and if death results to any person

15 from conduct prohibited by this subsection, shall be pun16 ished by death or imprisoned for any term of years or for

17 life.

18 ‘‘(b) Whoever threatens to do anything prohibited

19 under paragraph (2) or (3) of subsection (a), with appar20 ent determination and will to carry the threat into execu21 tion, if the threatened act is likely to endanger the safety

22 of the fixed platform, shall be fined under this title or

23 imprisoned not more than five years, or both.

24 ‘‘(c) There is jurisdiction over the prohibited activity

25 in subsections (a) and (b) if—
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1 ‘‘(1) such activity is committed against or on

2 board a fixed platform—

3 ‘‘(A) that is located on the continental

4 shelf of the United States;

5 ‘‘(B) that is located on the continental

6 shelf of another country, by a national of the

7 United States or by a stateless person whose

8 habitual residence is in the United States; or

9 ‘‘(C) in an attempt to compel the United

10 States to do or abstain from doing any act;

11 ‘‘(2) during the commission of such activity

12 against or on board a fixed platform located on a

13 continental shelf, a national of the United States is

14 seized, threatened, injured or killed; or

15 ‘‘(3) such activity is committed against or on

16 board a fixed platform located outside the United

17 States and beyond the continental shelf of the Unit18 ed States and the offender is later found in the

19 United States.

20 ‘‘(d) It is a bar to Federal prosecution under sub21 section (a) for conduct that occurred within the United

22 States that the conduct involved—

23 ‘‘(1) a domestic dispute solely affecting and be24 tween members of the same family or household or

25 between social acquaintances; or
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1 ‘‘(2) was during or in relation to a labor dis2 pute, and such conduct was prohibited as a felony

3 under the law of the State in which it was commit4 ted.

5 For purposes of this section, the term ‘labor dispute’ has

6 the meaning set forth in section 2(c) of the Norris7 LaGuardia Act (29 U.S.C. 113(c)).

8 ‘‘(e) As used in this section, the term—

9 ‘‘(1) ‘continental shelf ’ means the sea-bed and

10 subsoil of the submarine areas that extend beyond a

11 country’s territorial sea to the limits provided by

12 customary international law as reflected in Article

13 76 of the 1982 Convention on the Law of the Sea;

14 ‘‘(2) ‘fixed platform’ means an artificial island,

15 installation or structure permanently attached to the

16 sea-bed for the purpose of exploration or exploitation

17 of resources or for other economic purposes;

18 ‘‘(3) ‘national of the United States’ has the

19 meaning given such term in section 101(a)(22) of

20 the Immigration and Nationality Act (8 U.S.C.

21 1101(a)(22));

22 ‘‘(4) ‘territorial sea of the United States’ means

23 all waters extending seaward to 12 nautical miles

24 from the baselines of the United States determined

25 in accordance with international law; and
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1 ‘‘(5) ‘United States’, when used in a geographi2 cal sense, includes the Commonwealth of Puerto

3 Rico, the Commonwealth of the Northern Mariana

4 Islands and all territories and possessions of the

5 United States.’’.

6 (b) CLERICAL AMENDMENTS.—The table of sections

7 at the beginning of chapter 111 of title 18, United States

8 Code, is amended by adding at the end thereof the

9 following:

‘‘2280. Violence against maritime navigation.

‘‘2281. Violence against maritime fixed platforms.’’.

10 (c) EFFECTIVE DATES.—This section and the

11 amendments made by this section shall take effect on the

12 later of—

13 (1) the date of the enactment of this Act; or

14 (2)(A) in the case of section 2280 of title 18,

15 United States Code, the date the Convention for the

16 Suppression of Unlawful Acts Against the Safety of

17 Maritime Navigation has come into force and the

18 United States has become a party to that Conven19 tion; and

20 (B) in the case of section 2281 of title 18,

21 United States Code, the date the Protocol for the

22 Suppression of Unlawful Acts Against the Safety of

23 Fixed Platforms Located on the Continental Shelf
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1 has come into force and the United States has

2 become a party to that Protocol.

3 SEC. 713. TORTURE.

4 (a) IN GENERAL.—Part I of title 18, United States

5 Code, is amended by inserting after chapter 113A the fol6 lowing new chapter:

7 ‘‘CHAPTER 113B—TORTURE

‘‘Sec.

2340. Definitions.

2340A. Torture.

2340B. Exclusive remedies.

8 ‘‘§ 2340. Definitions

9 ‘‘As used in this chapter—

10 ‘‘(1) the term ‘torture’ means an act committed

11 by a person acting under the color of law specifically

12 intended to inflict severe physical or mental pain or

13 suffering (other than pain or suffering incidental to

14 lawful sanctions) upon another person within his

15 custody or physical control;

16 ‘‘(2) the term ‘severe mental pain or suffering’

17 means the prolonged mental harm caused by or re18 sulting from (A) the intentional infliction or threat19 ened infliction of severe physical pain or suffering;

20 (B) the administration or application, or threatened

21 administration or application, of mind altering sub22 stances or other procedures calculated to disrupt

23 profoundly the senses or the personality; (C) the
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1 threat of imminent death; or (D) the threat that an2 other person will imminently be subjected to death,

3 severe physical pain or suffering, or the administra4 tion or application of mind altering substances or

5 other procedures calculated to disrupt profoundly

6 the senses or personality;

7 ‘‘(3) the term ‘United States’ includes all areas

8 under the jurisdiction of the United States including

9 any of the places within the provisions of sections 5

10 and 7 of this title and section 101(38) of the Fed11 eral Aviation Act of 1958, as amended (49 U.S.C.

12 App. 1301(38)).

13 ‘‘§ 2340A. Torture

14 ‘‘(a) Whoever, outside the United States and in a cir15 cumstance described in subsection (b) of this section, com16 mits or attempts to commit torture—

17 ‘‘(1) shall be fined under this title or impris18 oned not more than twenty years, or both; and

19 ‘‘(2) if death results to any person from con20 duct prohibited by this subsection, shall be punished

21 by death or imprisoned for any term of years or for

22 life.

23 ‘‘(b) The circumstance referred to in subsection (a)

24 of this section is if—
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1 ‘‘(1) the alleged offender is a national of the

2 United States; or

3 ‘‘(2) the alleged offender is present in the Unit4 ed States, irrespective of the nationality of the vic5 tim or the alleged offender.

6 ‘‘§ 2340B. Exclusive remedies

7 ‘‘Nothing in this chapter shall be construed as pre8 cluding the application of State or local laws on the same

9 subject, nor shall anything in this chapter be construed

10 as creating any substantive or procedural right enforceable

11 by law by any party in any civil proceeding.’’.

12 (b) CLERICAL AMENDMENT.—The table of chapters

13 for part I of title 18, United States Code, is amended by

14 inserting after the item for chapter 113A the following

15 new item:

‘‘113B. Torture ..................................................................................... 2340.’’.

16 (c) EFFECTIVE DATE.—This section shall take effect

17 on the later of—

18 (1) the date of enactment of this section; or

19 (2) the date the United States has become a

20 party to the Convention Against Torture and Other

21 Cruel, Inhuman or Degrading Treatment or

22 Punishment.
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1 SEC. 714. APPLICABILITY TO UNIFORM CODE OF MILITARY

2 JUSTICE.

3 The provisions of chapter 228 of title 18, United

4 States Code, as added by this title, shall not apply to pros5 ecutions under the Uniform Code of Military Justice (10

6 U.S.C. 801).

7 SEC. 715. PROTECTION OF JURORS AND WITNESSES IN

8 CAPITAL CASES.

9 Section 3432 of title 18, United States Code, is

10 amended by inserting before the period the following: ‘‘,

11 except that such list of the veniremen and witnesses need

12 not be furnished if the court finds by a preponderance of

13 the evidence that providing the list may jeopardize the life

14 or safety of any person’’.

15 TITLE VIII—HABEAS CORPUS

16 REFORM

17 SEC. 801. FILING DEADLINES.

18 Section 2254 of title 28, United States Code, is

19 amended by adding at the end the following:

20 ‘‘(g)(1) In the case of an applicant under sentence

21 of death, any application for habeas corpus relief under

22 this section must be filed in the appropriate district court

23 not later than 1 year after—

24 ‘‘(A) the date of denial of a writ of certiorari,

25 if a petition for a writ of certiorari to the highest

26 court of the State on direct appeal or unitary review
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1 of the conviction and sentence is filed, within the

2 time limits established by law, in the Supreme

3 Court;

4 ‘‘(B) the date of issuance of the mandate of the

5 highest court of the State on direct appeal or uni6 tary review of the conviction and sentence, if a peti7 tion for a writ of certiorari is not filed, within the

8 time limits established by law, in the Supreme

9 Court; or

10 ‘‘(C) the date of issuance of the mandate of the

11 Supreme Court, if on a petition for a writ of certio12 rari the Supreme Court grants the writ and disposes

13 of the case in a manner that leaves the capital sen14 tence undisturbed.

15 ‘‘(2) The time requirements established by this sec16 tion shall be tolled—

17 ‘‘(A) during any period in which the State has

18 failed to provide counsel as required in section 2257

19 of this chapter;

20 ‘‘(B) during the period from the date the appli21 cant files an application for State postconviction re22 lief until final disposition of the application by the

23 State appellate courts, if all filing deadlines are met;

24 and
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1 ‘‘(C) during an additional period not to exceed

2 90 days, if counsel moves for an extension in the

3 district court that would have jurisdiction of a ha4 beas corpus application and makes a showing of

5 good cause.’’.

6 SEC. 802. STAYS OF EXECUTION IN CAPITAL CASES.

7 Section 2251 of title 28, United States Code, is

8 amended—

9 (1) by inserting ‘‘(a)(1)’’ before the first para10 graph;

11 (2) by inserting ‘‘(2)’’ before the second para12 graph; and

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

14 ‘‘(b) In the case of an individual under sentence of

15 death, a warrant or order setting an execution shall be

16 stayed upon application to any court that would have ju17 risdiction over an application for habeas corpus under this

18 chapter. The stay shall be contingent upon reasonable dili19 gence by the individual in pursuing relief with respect to

20 such sentence and shall expire if—

21 ‘‘(1) the individual fails to apply for relief

22 under this chapter within the time requirements es23 tablished by section 2254(g) of this chapter;
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1 ‘‘(2) upon completion of district court and court

2 of appeals review under section 2254 of this chapter,

3 the application is denied and—

4 ‘‘(A) the time for filing a petition for a

5 writ of certiorari expires before a petition is

6 filed;

7 ‘‘(B) a timely petition for a writ of certio8 rari is filed and the Supreme Court denies the

9 petition; or

10 ‘‘(C) a timely petition for certiorari is filed

11 and, upon consideration of the case, the Su12 preme Court disposes of it in a manner that

13 leaves the capital sentence undisturbed; or

14 ‘‘(3) before a court of competent jurisdiction, in

15 the presence of counsel qualified under section 2257

16 of this chapter and after being advised of the con17 sequences of the decision, an individual waives the

18 right to pursue relief under this chapter.’’.

19 SEC. 803. LAW APPLICABLE.

20 (a) IN GENERAL.—Chapter 153 of title 28, United

21 States Code, is amended by adding at the end the

22 following:
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1 ‘‘§ 2256. Law applicable

2 ‘‘(a) Except as provided in subsection (b), in an ac3 tion under this chapter, the court shall not apply a new

4 rule.

5 ‘‘(b) A court shall apply a new rule, if the new rule—

6 ‘‘(1) places the claimant’s conduct beyond the

7 power of the criminal law-making authority to pro8 scribe or punish with the sanction imposed; or

9 ‘‘(2) requires the observance of procedures

10 without which the likelihood of an accurate convic11 tion or valid capital sentence is seriously diminished.

12 ‘‘(c) As used in this section, the term ‘new rule’

13 means a clear break from precedent, announced by the

14 Supreme Court of the United States, that could not rea15 sonably have been anticipated at the time the claimant’s

16 sentence became final in State court. A rule is not ‘new’

17 merely because it was not dictated or compelled by the

18 precedents existing at that time or because, at that time,

19 it was susceptible to debate among reasonable minds.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections

21 at the beginning of chapter 153 of title 28, United States

22 Code, is amended by adding at the end the following:

‘‘2256. Law applicable.’’.
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1 SEC. 804. COUNSEL IN CAPITAL CASES; STATE COURT.

2 (a) IN GENERAL.—Chapter 153 of title 28, United

3 States Code, is amended by adding after the provision

4 added by section 804 of this subtitle the following:

5 ‘‘§ 2257. Counsel in capital cases; State court

6 ‘‘(a) Notwithstanding section 2254(d) of this chapter,

7 the court in an action under this chapter shall neither pre8 sume a finding of fact made in a State court proceeding

9 specified in subsection (b)(1) of this section to be correct

10 nor decline to consider a claim on the ground that it was

11 not raised in such a proceeding at the time or in the man12 ner prescribed by State law, unless—

13 ‘‘(1) the relevant State maintains a mechanism

14 for providing legal services to indigents in capital

15 cases that meets the specifications in subsection (b)

16 of this section;

17 ‘‘(2) if the applicant in the instant case was eli18 gible for the appointment of counsel and did not

19 waive such an appointment, the State actually ap20 pointed an attorney or attorneys to represent the ap21 plicant in the State proceeding in which the finding

22 of fact was made or the default occurred; and

23 ‘‘(3) the attorney or attorneys so appointed

24 substantially met both the qualification standards

25 specified in subsection (b)(3)(A) or (b)(4) of this
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1 section and the performance standards established

2 by the appointing authority.

3 ‘‘(b) A mechanism for providing legal services to

4 indigents within the meaning of subsection (a)(1) of this

5 section shall include the following elements:

6 ‘‘(1) The State shall provide legal services to—

7 ‘‘(A) indigents charged with offenses for

8 which capital punishment is sought;

9 ‘‘(B) indigents who have been sentenced to

10 death and who seek appellate, collateral, or uni11 tary review in State court; and

12 ‘‘(C) indigents who have been sentenced to

13 death and who seek certiorari review of State

14 court judgments in the United States Supreme

15 Court.

16 ‘‘(2) The State shall establish a counsel author17 ity, which shall be—

18 ‘‘(A) a statewide defender organization;

19 ‘‘(B) a resource center; or

20 ‘‘(C) a counsel authority appointed by the

21 highest State court having jurisdiction over

22 criminal matters, consisting of members of the

23 bar with substantial experience in, or commit24 ment to, the representation of criminal defend25 ants in capital cases, and comprised of a bal-
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1 anced representation from each segment of the

2 State’s criminal defense bar.

3 ‘‘(3) The counsel authority shall—

4 ‘‘(A) publish a roster of attorneys qualified

5 to be appointed in capital cases, procedures by

6 which attorneys are appointed, and standards

7 governing qualifications and performance of

8 counsel, which shall include—

9 ‘‘(i) knowledge and understanding of

10 pertinent legal authorities regarding issues

11 in capital cases; and

12 ‘‘(ii) skills in the conduct of negotia13 tions and litigation in capital cases, the in14 vestigation of capital cases and the psy15 chiatric history and current condition of

16 capital clients, and the preparation and

17 writing of legal papers in capital cases;

18 ‘‘(B) monitor the performance of attorneys

19 appointed and delete from the roster any attor20 ney who fails to meet qualification and perform21 ance standards; and

22 ‘‘(C) appoint a defense team, which shall

23 include at least 2 attorneys, to represent a cli24 ent at the relevant stage of proceedings, within
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1 30 days after receiving notice of the need for

2 the appointment from the relevant State court.

3 ‘‘(4) An attorney who is not listed on the roster

4 shall be appointed only on the request of the client

5 concerned and in circumstances in which the attor6 ney requested is able to provide the client with qual7 ity legal representation.

8 ‘‘(5) No counsel appointed pursuant to this sec9 tion to represent a prisoner in State postconviction

10 proceedings shall have previously represented the

11 prisoner at trial or on direct appeal in the case for

12 which the appointment is made, unless the prisoner

13 and counsel expressly request continued representa14 tion.

15 ‘‘(6) The ineffectiveness or incompetence of

16 counsel appointed pursuant to this section during

17 State or Federal postconviction proceedings shall not

18 be a ground for relief in a proceeding arising under

19 section 2254 of this title. This limitation shall not

20 preclude the appointment of different counsel at any

21 phase of State or Federal postconviction proceed22 ings.

23 ‘‘(7) Upon receipt of notice from the counsel

24 authority that an individual entitled to the appoint25 ment of counsel under this section has declined to
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1 accept such an appointment, the court requesting

2 the appointment shall conduct, or cause to be con3 ducted, a hearing, at which the individual and coun4 sel proposed to be appointed under this section shall

5 be present, to determine the individual’s competency

6 to decline the appointment, and whether the individ7 ual has knowingly and intelligently declined it.

8 ‘‘(8) Attorneys appointed pursuant to this sec9 tion shall be compensated on an hourly basis pursu10 ant to a schedule of hourly rates as periodically es11 tablished by the counsel authority after consultation

12 with the highest State court with jurisdiction over

13 criminal matters. Appointed counsel shall be reim14 bursed for expenses reasonably incurred in rep15 resenting the client, including the costs of law clerks,

16 paralegals, investigators, experts, or other support

17 services.

18 ‘‘(9) Support services for staff attorneys of a

19 defender organization or resource center shall be

20 equal to the services listed in paragraph (8).’’.

21 (b) CLERICAL AMENDMENT.—The table of sections

22 at the beginning of chapter 153 of title 28, United States

23 Code, is amended by adding after the provision added by

24 section 303 the following:

‘‘2257. Counsel in capital cases; State court.’’.
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1 SEC. 805. SUCCESSIVE FEDERAL PETITIONS.

2 Section 2244(b) of title 28, United States Code, is

3 amended—

4 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

5 (2) by inserting ‘‘, in the case of an applicant

6 not under sentence of death,’’ after ‘‘When’’; and

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

8 ‘‘(2) In the case of an applicant under sentence

9 of death, a claim presented in a second or successive

10 application, that was not presented in a prior appli11 cation under this chapter, shall be dismissed un12 less—

13 ‘‘(A) the applicant shows that—

14 ‘‘(i) the basis of the claim could not

15 have been discovered by the exercise of

16 reasonable diligence before the applicant

17 filed the prior application; or

18 ‘‘(ii) the failure to raise the claim in

19 the prior application was due to action by

20 State officials in violation of the Constitu21 tion of the United States; and

22 ‘‘(B) the facts underlying the claim would

23 be sufficient, if proven, to undermine the

24 court’s confidence in the applicant’s guilt of the

25 offense or offenses for which the capital sen-
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1 tence was imposed, or in the validity of that

2 sentence under Federal law.’’.

3 SEC. 806. CERTIFICATES OF PROBABLE CAUSE.

4 The third paragraph of section 2253, of title 28,

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

6 ‘‘An appeal may not be taken to the court of

7 appeals from the final order in a habeas corpus pro8 ceeding where the detention complained of arises out

9 of process issued by a State court, unless the justice

10 or judge who rendered the order or a circuit justice

11 or judge issues a certificate of probable cause. How12 ever, an applicant under sentence of death shall have

13 a right of appeal without a certification of probable

14 cause, except after denial of a second or successive

15 application.’’.

16 SEC. 807. DUTIES OF THE DISTRICT COURT.

17 Section 2254(a) of title 28, United States Code, is

18 amended by adding at the end the following:

19 ‘‘In adjudicating the merits of any such ground,

20 the court shall exercise independent judgment in

21 ascertaining the pertinent Federal legal standards

22 and in applying those standards to the facts and

23 shall not defer to a previous State court judgment

24 regarding a Federal legal standard or its application.

25 Upon request, the court shall permit the parties to
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1 present evidence regarding material facts that were

2 not adequately developed in State court. The court

3 shall award relief with respect to any meritorious

4 constitutional ground, unless, in the case of a viola5 tion that can be harmless, the respondent shows that

6 the error was harmless beyond a reasonable doubt.’’.

7 SEC. 808. CLAIMS OF INNOCENCE.

8 (a) IN GENERAL.—Chapter 153 of title 28, United

9 States Code, is amended by adding after the provision

10 added by section 805 of this subtitle the following:

11 ‘‘§ 2258. Claims of innocence

12 ‘‘(a) At any time, and notwithstanding any other pro13 vision of law, a district court shall issue habeas corpus

14 relief on behalf of an applicant under sentence of death,

15 imposed either in Federal or in State court, who offers

16 credible newly discovered evidence which, had it been pre17 sented to the trier of fact or sentencing authority at trial,

18 would probably have resulted in—

19 ‘‘(1) an acquittal of the offense for which the

20 death sentence was imposed; or

21 ‘‘(2) a sentence other than death.

22 ‘‘(b) An application filed pursuant to subsection (a)

23 shall offer substantial evidence which, if credible, would

24 establish one of the standards in subsection (a)(1) or (2).

25 An application that fails to do so may be dismissed.
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1 ‘‘(c) If the court concludes that an application meets

2 the requirements in subsection (b), the court shall—

3 ‘‘(1) order the respondent to file an answer;

4 ‘‘(2) permit the parties to conduct reasonable

5 discovery;

6 ‘‘(3) conduct a hearing to resolve disputed is7 sues of fact; and

8 ‘‘(4) upon request, issue a stay of execution

9 pending further proceedings in the district court and

10 on direct review of the district court’s judgment.

11 ‘‘(d) If the court concludes that the applicant meets

12 the standards established by subsection (a)(1) or (2), the

13 court shall order his or her release, unless a new trial or,

14 in an appropriate case, a new sentencing proceeding, is

15 conducted within a reasonable time.

16 ‘‘(e) If the court determines that the applicant is cur17 rently entitled to pursue other available and effective rem18 edies in either State or Federal court, the court may, at

19 the request of either party, suspend its consideration of

20 the application under this section until the applicant has

21 exhausted those remedies. A stay issued pursuant to sub22 section (c) shall remain in effect during such a suspension.

23 ‘‘(f) An application under this section may be consoli24 dated with any other pending application under this chap25 ter, filed by the same applicant.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 153 of title 28, United States

3 Code, is amended by adding after the provision added by

4 section 304 of this subtitle the following:

‘‘2258. Claims of innocence.’’.

5 SEC. 809. PROCEDURAL DEFAULT IN STATE COURT.

6 Section 2254 of title 28, United States Code, is

7 amended by adding the following:

8 ‘‘(h)(1) A district court shall decline to consider a

9 claim under this section if—

10 ‘‘(A) the applicant previously failed to raise the

11 claim in State court at the time and in the manner

12 prescribed by State law; the State courts, for that

13 reason, refused or would refuse to entertain the

14 claim; such refusal would constitute an adequate and

15 independent State law ground that would foreclose

16 direct review of the State court judgment in the Su17 preme Court of the United States; and

18 ‘‘(B) the applicant fails to show cause for the

19 failure to raise the claim in State court and preju20 dice to the applicant’s right to fair proceedings or to

21 an accurate outcome resulting from the alleged viola22 tion of the Federal right asserted, or that failure to

23 consider the claim would result in a miscarriage of

24 justice.
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1 ‘‘(2) The court shall not find cause in any case in

2 which it appears that the applicant or counsel deliberately

3 withheld a claim from the State courts for strategic pur4 poses. An applicant may establish cause by showing that—

5 ‘‘(A) the factual basis of the claim could not

6 have been discovered by the exercise of reasonable

7 diligence before the applicant could have raised the

8 claim in State court;

9 ‘‘(B) the claim relies on a decision of the Su10 preme Court of the United States, announced after

11 the applicant might have raised the claim in State

12 court; or

13 ‘‘(C) the failure to raise the claim in State

14 court was due to interference by State officials,

15 counsel’s ignorance or neglect, or counsel’s ineffec16 tive assistance in violation of the Constitution.’’.

17 TITLE IX—RACIALLY DISCRIMI18 NATORY CAPITAL SENTENC19 ING

20 SEC. 901. AMENDMENT TO TITLE 28.

21 (a) PROCEDURE.—Part VI of title 28, United States

22 Code, is amended by adding at the end thereof the follow23 ing new chapter:
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1 ‘‘CHAPTER 177—RACIALLY DISCRIMINATORY

2 CAPITAL SENTENCING

‘‘Sec.

‘‘2921. Prohibition against the execution of a sentence of death imposed on the

basis of race.

‘‘2922. Access to data on death eligible cases.

‘‘2923. Enforcement of the chapter.

‘‘2924. Construction of chapter.

3 ‘‘§ 2921. Prohibition against the execution of a sen4 tence of death imposed on the basis of

5 race

6 ‘‘(a) IN GENERAL.—No person shall be put to death

7 under color of State or Federal law in the execution of

8 a sentence that was imposed based on race.

9 ‘‘(b) INFERENCE OF RACE AS THE BASIS OF DEATH

10 SENTENCE.—An inference that race was the basis of a

11 death sentence is established if valid evidence is presented

12 demonstrating that, at the time the death sentence was

13 imposed, race was a statistically significant factor in deci14 sions to seek or to impose the sentence of death in the

15 jurisdiction in question.

16 ‘‘(c) RELEVANT EVIDENCE.—Evidence relevant to es17 tablish an inference that race was the basis of a death

18 sentence may include evidence that death sentences were,

19 at the time pertinent under subsection (b), being imposed

20 significantly more frequently in the jurisdiction in ques21 tion—
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1 ‘‘(1) upon persons of one race than upon per2 sons of another race; or

3 ‘‘(2) as punishment for capital offenses against

4 persons of one race than as punishment for capital

5 offenses against persons of another race.

6 ‘‘(d) VALIDITY OF EVIDENCE PRESENTED TO ES7 TABLISH AN INFERENCE.—If statistical evidence is pre8 sented to establish an inference that race was the basis

9 of a sentence of death, the court shall determine the valid10 ity of the evidence and if it provides a basis for the infer11 ence. Such evidence must take into account, to the extent

12 it is compiled and publicly made available, evidence of the

13 statutory aggravating factors of the crimes involved, and

14 shall include comparisons of similar cases involving per15 sons of different races.

16 ‘‘(e) REBUTTAL.—If an inference that race was the

17 basis of a death sentence is established under subsection

18 (b), the death sentence may not be carried out unless the

19 government rebuts the inference by a preponderance of the

20 evidence. Unless it can show that the death penalty was

21 sought in all cases fitting the statutory criteria for imposi22 tion of the death penalty, the government cannot rely on

23 mere assertions that it did not intend to discriminate or

24 that the cases in which death was imposed fit the statutory

25 criteria for imposition of the death penalty.
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1 ‘‘§ 2922. Access to data on death eligible cases

2 ‘‘Data collected by public officials concerning factors

3 relevant to the imposition of the death sentence shall be

4 made publicly available.

5 ‘‘§ 2923. Enforcement of the chapter

6 ‘‘In any proceeding brought under section 2254, the

7 evidence supporting a claim under this chapter may be

8 presented in an evidentiary hearing and need not be set

9 forth in the petition. Notwithstanding section 2254, no de10 termination on the merits of a factual issue made by a

11 State court pertinent to any claim under section 2921

12 shall be presumed to be correct unless—

13 ‘‘(1) the State is in compliance with section

14 2922;

15 ‘‘(2) the determination was made in a proceed16 ing in a State court in which the person asserting

17 the claim was afforded rights to the appointment of

18 counsel and to the furnishing of investigative, expert

19 and other services necessary for the adequate devel20 opment of the claim; and

21 ‘‘(3) the determination is one which is otherwise

22 entitled to be presumed to be correct under the cri23 teria specified in section 2254.
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1 ‘‘§ 2924. Construction of chapter

2 ‘‘Nothing contained in this chapter shall be construed

3 to affect in one way or the other the lawfulness of any

4 sentence of death that does not violate section 2921.’’.

5 (b) AMENDMENT TO TABLE OF CHAPTERS.—The

6 table of chapters of part VI of title 28, United States

7 Code, is amended by adding at the end thereof the follow8 ing new item:

‘‘177. Racially Discriminatory Capital Sentencing ............... 2921.’’.

9 SEC. 902. ACTIONS BEFORE ENACTMENT.

10 No person shall be barred from raising any claim

11 under section 2921 of title 28, United States Code, as

12 added by this Act, on the ground of having failed to raise

13 or to prosecute the same or a similar claim before the en14 actment of the Act, nor by reason of any adjudication ren15 dered before that enactment.

16 TITLE X—CRIME PREVENTION

17 AND COMMUNITY JUSTICE

18 Subtitle A—Model Intensive Grant

19 Programs

20 SEC. 1001. GRANT AUTHORIZATION.

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

22 may consult with the Secretary of Health and Human

23 Services and the Secretary of Housing and Urban Devel24 opment, is authorized to award grants to not more than
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1 15 chronic high intensive crime areas to develop com2 prehensive model crime prevention programs that—

3 (1) involve and utilize a broad spectrum of com4 munity resources, including nonprofit community or5 ganizations, law enforcement organizations, and ap6 propriate State and Federal agencies, including the

7 State educational agencies;

8 (2) attempt to relieve conditions that encourage

9 crime; and

10 (3) provide meaningful and lasting alternatives

11 to involvement in crime.

12 (b) PRIORITY.—In awarding grants described in sub13 section (a), the Attorney General shall give priority to pro14 posals that—

15 (1) are innovative in approach to the prevention

16 of crime in a specific area; and

17 (2) vary in approach to ensure that compari18 sons of different models may be made.

19 SEC. 1002. USES OF FUNDS.

20 (a) IN GENERAL.—Funds awarded under this sub21 title may be used only for purposes described in an ap22 proved application. The intent of grants under this subtitle

23 is to fund intensively comprehensive crime prevention pro24 grams in 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. 1003. 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. 1004. APPLICATIONS.

7 To request a grant under this subtitle 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 subtitle shall be used to supplement, not

15 supplant, non-Federal funds that would otherwise be

16 available for programs funded under this subtitle.

17 SEC. 1005. 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 subtitle and

22 make recommendations regarding the implementation of

23 a national crime prevention program.

24 SEC. 1006. DEFINITIONS.

25 For purposes of this subtitle:
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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 subtitle.

20 SEC. 1007. AUTHORIZATION OF APPROPRIATIONS.

21 There are authorized to be appropriated to carry out

22 this subtitle $300,000,000 for each of the fiscal years

23 1995, 1996, 1997, 1998, and 1999.
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1 Subtitle B—Ounce of Prevention

2 Grant Programs

3 PART I—OUNCE OF PREVENTION GRANT

4 PROGRAMS

5 SEC. 1010. 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 obtain the necessary staff to

16 carry out its functions through the detail or assignment

17 of employees from the departments or offices which are

18 represented by the Council.

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

20 powers to a member or members of the Council.

21 (b) ADMINISTRATIVE RESPONSIBILITIES AND POW22 ERS.—The Council shall advise and counsel the Secretary

23 regarding administration of the programs established by

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

25 may issue regulations and guidelines to carry out this title,
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1 including specifications concerning application require2 ments, selection criteria, duration and renewal of grants,

3 evaluation requirements, limitation of administrative ex4 penses, submission of reports by grantees, recordkeeping

5 by grantees, and access to books, records, and documents

6 maintained by grantees or other persons for purposes of

7 audit or examination.

8 (c) TARGETING OF ASSISTANCE FOR DISTRESSED

9 COMMUNITIES AND INDIVIDUALS WITH PARTICULAR

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

11 shall adopt regulations or guidelines to ensure that fund12 ing provided under this title shall be used primarily for—

13 (1) assistance in communities that are dis14 tressed as indicated by such factors as high

15 incidences of crime, juvenile delinquency, gang in16 volvement, substance abuse, unemployment, school

17 dropouts, or pregnancy among adolescents; and

18 (2) assistance for individuals in any area who

19 are particularly in need of the assistance for such

20 reasons as involvement in juvenile delinquency,

21 gangs, or substance abuse, unemployability, drop22 ping out of school, or pregnancy during adolescence,

23 or being at risk of such conditions.
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1 SEC. 1011. OUNCE OF PREVENTION GRANT PROGRAM.

2 (a) IN GENERAL.—The Secretary, after consultation

3 with the Council, may make grants to States, local govern4 ments, educational institutions, coalitions, local edu5 cational agencies, State educational agencies, and other

6 public and private entities, for—

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

8 and holiday education and recreation) programs;

9 (2) mentoring, tutoring, and other programs in10 volving participation by adult role models;

11 (3) programs assisting and promoting employ12 ability and job placement; and

13 (4) substance abuse treatment and prevention,

14 including outreach programs for at-risk families.

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

16 shall give preference to coalitions consisting of a broad

17 spectrum of community-based and social service organiza18 tions that have a coordinated team approach to reducing

19 gang membership and the effects of substance abuse, and

20 providing alternatives to at-risk youth.

21 (c) DEFINITIONS.—For purposes of this section the

22 term ‘‘Secretary’’ means the Secretary of Health and

23 Human Resources.
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1 PART II—FAMILY AND COMMUNITY ENDEAVOR

2 SCHOOLS GRANT PROGRAM

3 SEC. 1015. PROGRAM AUTHORITY.

4 (a) IN GENERAL.—

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

6 year in which the sums reserved by the Secretary

7 from the amounts appropriated for this subtitle to

8 carry out this section equal or exceed $20,000,000,

9 the Secretary shall allocate to community-based or10 ganizations in each State, an amount bearing the

11 same ratio to such sums as the number of children

12 in the State who are from families with incomes

13 below the poverty line bears to the number of chil14 dren in all States who are from families with in15 comes below the poverty line.

16 (2) GRANTS TO COMMUNITY-BASED ORGANIZA17 TIONS FROM ALLOCATIONS.—For such a fiscal year,

18 the Secretary may award grants from the appro19 priate State allocation determined under paragraph

20 (1) on a competitive basis to eligible community21 based organizations to pay for the Federal share of

22 assisting eligible communities to develop and carry

23 out programs in accordance with this section.

24 (3) REALLOCATION.—If, at the end of such a

25 fiscal year, the Secretary determines that funds allo26 cated for community-based organizations in a State
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1 remain unobligated, the Council may use such funds

2 to award grants to eligible community-based organi3 zations in another State to pay for such Federal

4 share. Amounts made available through such grants

5 shall remain available until expended.

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

7 which the sums reserved by the Secretary from amounts

8 appropriated for this subtitle to carry out this section are

9 less than $20,000,000, the Secretary may award grants

10 on a competitive basis to eligible community-based organi11 zations to pay for the Federal share of assisting eligible

12 communities to develop and carry out programs in accord13 ance with this section.

14 SEC. 1016. PROGRAM REQUIREMENTS.

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

16 that receives a grant under this section to assist in carry17 ing out such a program shall ensure that the program is

18 carried out—

19 (1) where appropriate, in the facilities of a pub20 lic school; or

21 (2) in another appropriate local facility in a

22 State, such as a college or university, a local or

23 State park or recreation center, church, or military

24 base, that is—
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1 (A) in a location that is easily accessible to

2 children in the community; and

3 (B) in compliance with all applicable local

4 ordinances.

5 (b) USE OF FUNDS.—Such community-based organi6 zation—

7 (1) shall use funds made available through the

8 grant to provide, to children in the eligible commu9 nity, services and activities that—

10 (A) shall include supervised sports pro11 grams, and extracurricular and academic pro12 grams, that are offered—

13 (i) after school and on weekends and

14 holidays, during the school year; and

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

16 extent available resources permit) or as

17 part-day programs, during the summer

18 months;

19 (2) in providing such extracurricular and aca20 demic programs, shall provide programs such as cur21 riculum-based supervised educational programs,

22 work force preparation, entrepreneurship, cultural

23 programs, arts and crafts, and health education and

24 service programs, dance programs, tutorial and

25 mentoring programs, and other related activities;
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1 (3) may use such funds—

2 (A) for the renovation of facilities that are

3 in existence prior to the operation of the pro4 gram for which the organization receives the

5 grant; and

6 (B) to develop or expand school programs

7 (including programs that provide a variety of

8 additional services to help meet the comprehen9 sive needs of students, such as homework as10 sistance and after-school programs (including

11 educational, social, and athletic activities), nu12 trition services, family counseling, and parental

13 training programs) that are designed to im14 prove academic and social development of at15 risk children by instituting a collaborative

16 structure that trains and coordinates the efforts

17 of teachers, administrators, social workers,

18 guidance counselors, parents, and school volun19 teers to provide concurrent social services for

20 at-risk students in the daily academic curricu21 lum at public schools in the eligible community;

22 and

23 (4) may not use such funds to provide sectarian

24 worship or instruction.
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1 SEC. 1017. ELIGIBLE COMMUNITY IDENTIFICATION.

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

3 grant under this section, a community-based organization

4 shall identify an eligible community to be assisted under

5 this section.

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

7 area that meets such criteria with respect to significant

8 poverty and significant juvenile delinquency, and such

9 additional criteria, as the Secretary may by regulation

10 require.

11 SEC. 1018. APPLICATIONS.

12 (a) APPLICATION REQUIRED.—To be eligible to re13 ceive a grant under this section, a community-based orga14 nization shall submit an application to the Secretary at

15 such time, in such manner, and accompanied by such in16 formation, as the Secretary may reasonably require, and

17 obtain approval of such application.

18 (b) CONTENTS OF APPLICATION.—Each application

19 submitted pursuant to paragraph (1) shall—

20 (1) describe the activities and services to be

21 provided through the program for which the grant is

22 sought;

23 (2) contain an assurance that the community24 based organization will spend grant funds received

25 under this section in a manner that the community-
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1 based organization determines will best accomplish

2 the objectives of this section;

3 (3) contain a comprehensive plan for the pro4 gram that is designed to achieve identifiable goals

5 for children in the eligible community;

6 (4) set forth measurable goals and outcomes for

7 the program that—

8 (A) will—

9 (i) where appropriate, make a public

10 school the focal point of the eligible com11 munity; or

12 (ii) make a local facility described in

13 section 1016(a)(2) such a focal point; and

14 (B) may include reducing the percentage

15 of children in the eligible community that enter

16 the juvenile justice system, increasing the grad17 uation rates, school attendance, and academic

18 success of children in the eligible community,

19 and improving the skills of program partici20 pants;

21 (5) provide evidence of support for accomplish22 ing such goals and outcomes from—

23 (A) community leaders;

24 (B) businesses;

25 (C) local educational agencies;
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1 (D) local officials;

2 (E) State officials; and

3 (F) other organizations that the commu4 nity-based organization determines to be appro5 priate;

6 (6) contain an assurance that the community7 based organization will use grant funds received

8 under this section to provide children in the eligible

9 community with activities and services that shall in10 clude supervised sports programs, and extra11 curricular and academic programs, in accordance

12 with section 1016(b);

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

14 that will be offered through the program for which

15 the grant is sought and sponsored by private non16 profit organizations, individuals, and groups serving

17 the eligible community, including—

18 (A) extracurricular and academic pro19 grams, such as programs described in section

20 1016(b)(2); and

21 (B) activities that address specific needs in

22 the community;

23 (8) demonstrate the manner in which the com24 munity-based organization will make use of the re25 sources, expertise, and commitment of private enti-
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1 ties in carrying out the program for which the grant

2 is sought;

3 (9) include an estimate of the number of chil4 dren in the eligible community expected to be served

5 pursuant to the program;

6 (10) include a description of charitable private

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

8 available to achieve the goals of the program;

9 (11) contain an assurance that the community10 based organization will use competitive procedures

11 when purchasing, contracting, or otherwise providing

12 for goods, activities, or services to carry out pro13 grams under this section;

14 (12) contain an assurance that the program will

15 maintain a staff-to-participant ratio that is appro16 priate to the activity or service provided by the

17 program;

18 (13) contain an assurance that the community19 based organization will comply with any evaluation

20 under section 1023, any research effort authorized

21 under Federal law, and any investigation by the

22 Secretary;

23 (14) contain an assurance that the community24 based organization shall prepare and submit to the
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1 Secretary an annual report regarding any program

2 conducted under this section;

3 (15) contain an assurance that the program for

4 which the grant is sought will, to the maximum ex5 tent possible, incorporate services that are—

6 (A) provided by program volunteers, par7 ents, adult mentors, social workers, drug and

8 alcohol abuse counselors, teachers, or other per9 sons providing tutoring and college or voca10 tional preparation; and

11 (B) provided solely through non-Federal

12 private and nonprofit sources; and

13 (16) contain an assurance that the community14 based organization will maintain separate accounting

15 records for the program.

16 (c) PRIORITY.—In awarding grants to carry out pro17 grams under this section, the Secretary shall give priority

18 to community-based organizations who submit applica19 tions that demonstrate the greatest effort in generating

20 local support for the programs.

21 SEC. 1019. ELIGIBILITY OF PARTICIPANTS.

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

23 who resides in an eligible community shall be eligible to

24 participate in a program carried out in such community

25 that receives assistance under this section.
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1 (b) EXCLUSION.—

2 (1) NONDISCRIMINATION.—In selecting children

3 to participate in a program that receives assistance

4 under this section, a community-based organization

5 shall not discriminate on the basis of race, color, re6 ligion, sex, national origin, or disability.

7 (2) PARENTAL APPROVAL.—To be eligible to

8 participate in a program that receives assistance

9 under this section, a child shall provide the express

10 written approval of a parent or guardian, and shall

11 submit an official application that agrees to the

12 terms and conditions of participation in the pro13 gram. All information and application forms shall be

14 in a format and language accessible to and under15 standable to the parent or guardian of the child.

16 SEC. 1020. PEER REVIEW PANEL.

17 (a) ESTABLISHMENT.—The Secretary shall establish

18 a peer review panel that shall be comprised of individuals

19 with demonstrated experience in designing and implement20 ing community-based programs.

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

22 1 representative from each of the following:

23 (1) A community-based organization.

24 (2) A local government.

25 (3) A local educational agency.
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1 (4) The private sector.

2 (5) A charitable organization.

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

4 review of all grant applications received by the Secretary

5 under section 1018, make recommendations to the Sec6 retary regarding—

7 (1) grant funding under this section; and

8 (2) a design for the evaluation of programs as9 sisted under this section.

10 SEC. 1021. INVESTIGATIONS AND INSPECTIONS.

11 The Secretary may conduct such investigations and

12 inspections as may be necessary to ensure compliance with

13 the provisions of this section.

14 SEC. 1022. FEDERAL SHARE.

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

16 SHARE.—

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

18 the availability of appropriations, pay to each com19 munity-based organization having an application ap20 proved under section 1018 the Federal share of the

21 costs of developing and carrying out programs re22 ferred to in section 1015.

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

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

25 years 1995, 1996, 1997, and 1998.
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1 (b) NON-FEDERAL SHARE.—

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

3 such costs may be in cash or in kind, fairly evalu4 ated, including plant, equipment, and services (in5 cluding the services described in section

6 1018(b)(16).

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

8 non-Federal share of such costs shall be provided

9 from private or nonprofit sources.

10 SEC. 1023. EVALUATION.

11 The Secretary shall conduct a thorough evaluation of

12 the programs assisted under this section, which shall in13 clude an assessment of—

14 (1) the number of children participating in each

15 program assisted under this section;

16 (2) the academic achievement of such children;

17 (3) school attendance and graduation rates of

18 such children; and

19 (4) the number of such children being processed

20 by the juvenile justice system.

21 SEC. 1024. DEFINITIONS.

22 In this part the following definitions apply:

23 (1) CHILD.—The term ‘‘child’’ means an indi24 vidual who is not younger than 5 and not older than

25 18.
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1 (2) COMMUNITY-BASED ORGANIZATION.—The

2 term ‘‘community-based organization’’ means a pri3 vate, locally initiated community-based organization

4 that—

5 (A) is a nonprofit organization, as defined

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

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

8 5603(23)); and

9 (B) is operated by a consortium of service

10 providers, consisting of representatives of 5 or

11 more of the following categories of persons:

12 (i) Residents of the community.

13 (ii) Business and civic leaders actively

14 involved in providing employment and busi15 ness development opportunities in the

16 community.

17 (iii) Educators and organizations of

18 learning (such as local education agencies).

19 (iv) Student organizations.

20 (v) Law enforcement agencies.

21 (vi) Public housing agencies.

22 (vii) State government.

23 (viii) Other public agencies.

24 (ix) Other interested parties.
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1 (3) ELIGIBLE COMMUNITY.—The term ‘‘eligible

2 community’’ means an area identified pursuant to

3 section 1024.

4 (4) LOCAL EDUCATIONAL AGENCY.—The term

5 ‘‘local educational agency’’ has the same meaning

6 given such term in section 1471(12) of the Elemen7 tary and Secondary Education Act of 1965.

8 (5) POVERTY LINE.—The term ‘‘poverty line’’

9 means the income official poverty line (as defined by

10 the Office of Management and Budget, and revised

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

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

13 9902(2)) applicable to a family of the size involved.

14 (6) PUBLIC SCHOOL.—The term ‘‘public

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

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

17 1965 (20 U.S.C. 1141(i)), and a public secondary

18 school, as defined in section 1201(d) of such Act.

19 (7) SECRETARY.—The term ‘‘Secretary’’ means

20 the Secretary of Education.

21 (8) STATE.—The term ‘‘State’’ means each of

22 the several States of the United States, the District

23 of Columbia, the Commonwealth of Puerto Rico, the

24 Commonwealth of the Northern Mariana Islands,
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1 American Samoa, Guam, and the United States Vir2 gin Islands.

3 PART III—ADMINISTRATION

4 SEC. 1025. TECHNICAL ASSISTANCE; TRAINING AND EVAL5 UATION.

6 (a) TECHNICAL ASSISTANCE AND TRAINING.—The

7 Secretary may provide technical assistance, training, and

8 evaluations to further the purposes of this subtitle through

9 grants, contracts, or other cooperative agreements with

10 other entities.

11 (b) EVALUATIONS.—In addition to any evaluation re12 quirements that may be required for grantees, the Sec13 retary may conduct or support evaluations of programs

14 that receive support under this subtitle, including assess15 ments of the effectiveness of the programs in reducing de16 linquency, gang involvement, substance abuse, school

17 dropout rates, and adolescent pregnancy, and in increas18 ing employability and employment.

19 SEC. 1026. AUTHORIZATION OF APPROPRIATIONS.

20 (a) AUTHORIZATIONS FOR PART I.—There are au21 thorized to be appropriated to carry out the purposes of

22 part I, $25,000,000 for each of the fiscal years 1995

23 through 1999.

24 (b) AUTHORIZATIONS FOR PART II.—There are au25 thorized to be appropriated to carry out the purposes of
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•HR 4092 IH

1 part II, $230,000,000 for each of the fiscal years 1995

2 through 1999.

3 Subtitle C—Police Partnerships for

4 Children

5 SEC. 1030. DEFINITION.

6 As used in this subtitle, ‘‘partnership’’ means a coop7 erative arrangement or association involving one or more

8 law enforcement agencies, and one or more public or pri9 vate agencies that provide child or family services.

10 SEC. 1031. GRANT AUTHORITY.

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

12 in consultation with the Secretary of Health and Human

13 Services, may make grants to partnerships for—

14 (1) teams or units involving participants from

15 both the law enforcement and child or family serv16 ices components of the partnership that respond to

17 or deal with violent incidents in which a child is in18 volved as a perpetrator, witness, or victim, such as

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

20 or consultation service in relation to such incidents;

21 (2) training for law enforcement officers re22 garding behavior, psychology, family systems, and

23 community culture and attitudes that is relevant to

24 dealing with children who are involved in violent in-
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•HR 4092 IH

1 cidents or at risk of involvement in such incidents,

2 or with families of such children; and

3 (3) programs for children and families that are

4 designed jointly by the law enforcement and child or

5 family services components of the partnership, in6 cluding programs providing 24-hour response to cri7 sis situations affecting children and such other pro8 grams as programs that provide training in non9 violent conflict resolution, after-school activity and

10 neighborhood recreation programs, parent support

11 groups that are led jointly by child or family services

12 and law enforcement personnel, and mentoring

13 programs.

14 (b) GRANTS FOR POLICE RESIDENCE IN HIGH

15 CRIME AREAS.—The Secretary of Housing and Urban De16 velopment, in consultation with the Attorney General, may

17 make grants to units of State or local government, public

18 housing authorities, owners of federally assisted housing,

19 and owners of housing in high crime areas in order to pro20 vide dwelling units to law enforcement officers without

21 charge or at or substantially reduced rent for the purpose

22 of providing greater security for residents of high crime

23 areas.
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1 SEC. 1032. ADMINISTRATION.

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

3 may utilize any component or components of the Depart4 ment of Justice in carrying out this subtitle.

5 (b) REGULATORY AUTHORITY.—The Attorney Gen6 eral, for the purposes of section 1031(a), and the Sec7 retary of Housing and Urban Development, for purposes

8 of section 1031(b), may issue regulations and guidelines

9 to carry out this subtitle, including specifications concern10 ing application requirements, selection criteria, duration

11 and renewal of grants, evaluation requirements, matching

12 funds, limitation of administrative expenses, submission of

13 reports by grantees, recordkeeping by grantees, and access

14 to books, records, and documents maintained by grantees

15 or other 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 1030(a) of this subtitle shall—

20 (A) certify that the applicant is a partner21 ship as defined in section 1030, or a law en22 forcement agency or public or private child or

23 family services agency that is participating in a

24 partnership and seeking support on behalf of

25 the 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 subtitle 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) in addition to any other requirements that

14 may be specified by the Secretary of Housing and

15 Urban Development, an application for a grant

16 under section 1031(b) shall—

17 (A) certify that there has been appropriate

18 consultation with the employing agency of any

19 law enforcement officer who is to be provided

20 with a dwelling unit;

21 (B) identify any related governmental or

22 community initiatives which complement or will

23 be coordinated with the proposal;

24 (C) certify that the Federal support pro25 vided will be used to supplement, and not sup-
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•HR 4092 IH

1 plant, State and local sources of funding that

2 would otherwise be available; and

3 (D) provide assurances that local police of4 ficers will not be required to reside in resi5 dences funded under this subtitle.

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

7 a program provided by a grant under this subtitle may

8 not exceed 75 percent, unless the Attorney General, for

9 purposes of section 1031(a), or the Secretary of Housing

10 and Urban Devlopment, for purposes of section 1031(b),

11 waives, wholly or in part, the requirement under this sub12 section of a non-Federal contribution to the costs of a

13 program.

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

15 section 1031(a), the Attorney General shall give priority

16 to applications by partnerships involving law enforcement

17 agencies that engage in community-oriented policing for

18 programs assisting distressed communities or populations

19 with a high incidence of violence affecting children.

20 SEC. 1033. TECHNICAL ASSISTANCE, TRAINING, AND EVAL21 UATION.

22 (a) TECHNICAL ASSISTANCE AND TRAINING.—The

23 Attorney General may provide technical assistance and

24 training to further the purposes of this subtitle.
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1 (b) EVALUATIONS.—In addition to any evaluation re2 quirements that may be prescribed for grantees, the Attor3 ney General, may carry out or make arrangements for

4 evaluations of programs that receive support under this

5 subtitle.

6 (c) ADMINISTRATION.—The technical assistance,

7 training, and evaluations authorized by this section may

8 be carried out directly by the Attorney General, or through

9 grants, contracts, or other cooperative arrangements with

10 other entities.

11 SEC. 1034. AUTHORIZATION OF APPROPRIATIONS.

12 (a) IN GENERAL.—There are authorized to be appro13 priated $20,000,000 in fiscal year 1995, and such sums

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

15 1999 to carry out this subtitle.

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

17 funds made available in a fiscal year for this subtitle may

18 be expended for grants under section 1031(b).

19 Subtitle D—Midnight Sports

20 SEC. 1038. GRANTS FOR MIDNIGHT SPORTS LEAGUE

21 ANTICRIME PROGRAMS.

22 (a) AUTHORITY.—The Secretary of Housing and

23 Urban Development, in consultation with the Attorney

24 General of the United States, the Secretary of Labor, and

25 the Secretary of Education, shall make grants, to the ex-
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•HR 4092 IH

1 tent that amounts are approved in appropriations Acts

2 under subsection (k), to eligible entities to assist such enti3 ties in carrying out midnight sports league programs

4 meeting the requirements of subsection (d).

5 (b) ELIGIBLE ENTITIES.—

6 (1) IN GENERAL.—Grants under subsection (a)

7 may be made only to the following eligible entities:

8 (A) Entities eligible under section 520(b)

9 of the Cranston-Gonzalez National Affordable

10 Housing Act (42 U.S.C. 11903a(b)) for a grant

11 under section 520(a) of such Act.

12 (B) Nonprofit organizations providing

13 crime prevention, employment counseling, job

14 training, or other educational services.

15 (C) Nonprofit organizations providing fed16 erally-assisted low-income housing.

17 (2) PROHIBITION ON SECOND GRANTS.—A

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

19 eligible entity if the entity previously received a

20 grant under such subsection.

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

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

23 grant only—

24 (1) to establish or carry out a midnight sports

25 league program under subsection (d);
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•HR 4092 IH

1 (2) for salaries for administrators and staff of

2 the program;

3 (3) for other administrative costs of the pro4 gram, except that not more than 5 percent of the

5 grant may be used for such administrative costs;

6 and

7 (4) for costs of training and assistance provided

8 under subsection (d)(9).

9 (d) PROGRAM REQUIREMENTS.—Each eligible entity

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

11 midnight sports league program as follows:

12 (1) The program shall establish a sports league

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

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

15 the sports league shall be residents of federally as16 sisted low-income housing.

17 (3) The program shall be designed to serve pri18 marily youths and young adults from a neighborhood

19 or community whose population has not less than 2

20 of the following characteristics (in comparison with

21 national averages):

22 (A) A substantial problem regarding use or

23 sale of illegal drugs.

24 (B) A high incidence of crimes committed

25 by youths or young adults.
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•HR 4092 IH

1 (C) A high incidence of persons infected

2 with the human immunodeficiency virus or sex3 ually transmitted diseases.

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

5 high birth rate, among adolescents.

6 (E) A high unemployment rate for youths

7 and young adults.

8 (F) A high rate of high school dropouts.

9 (4) The program shall require each player in

10 the league to attend employment counseling, job

11 training, and other educational classes provided

12 under the program, which shall be held in conjunc13 tion with league sports games at or near the site of

14 the games.

15 (5) The program shall serve only youths and

16 young adults who demonstrate a need for such coun17 seling, training, and education provided by the pro18 gram, in accordance with criteria for demonstrating

19 need, which shall be established by the Secretary of

20 Housing and Urban Development, in consultation

21 with the Attorney General, Secretary of Labor, the

22 Secretary of Education, and with the Advisory

23 Committee.

24 (6) The program shall obtain sponsors for each

25 team in the sports league. Sponsors shall be private
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•HR 4092 IH

1 individuals or businesses in the neighborhood or

2 community served by the program who make finan3 cial contributions to the program and participate in

4 or supplement the employment, job training, and

5 educational services provided to the players under

6 the program with additional training or educational

7 opportunities.

8 (7) The program shall comply with any criteria

9 established by the Secretary of Housing and Urban

10 Development, in consultation with the Attorney Gen11 eral, the Secretary of Labor, the Secretary of Edu12 cation, and with the Advisory Committee.

13 (e) GRANT AMOUNT LIMITATIONS.—

14 (1) PRIVATE CONTRIBUTIONS.—The Secretary

15 of Housing and Urban Development, in consultation

16 with the Attorney General, the Secretary of Labor,

17 and the Secretary of Education, may not make a

18 grant under subsection (a) to an eligible entity that

19 applies for a grant under subsection (f) unless the

20 applicant entity certifies to the Secretary of Housing

21 and Urban Development, or the Attorney General,

22 that the entity will supplement the grant amounts

23 with amounts of funds from non-Federal sources, as

24 follows:
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•HR 4092 IH

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

2 amounts from the grant are disbursed (under

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

4 not less than 35 percent of the cost of carrying

5 out the midnight sports league program.

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

7 amounts from the grant are disbursed, an

8 amount sufficient to provide not less than 50

9 percent of the cost of carrying out the midnight

10 sports league program.

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

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

13 sources’’ includes amounts from nonprofit organiza14 tions, public housing agencies, States, units of gen15 eral local government, and Indian housing authori16 ties, private contributions, any salary paid to staff

17 (other than from grant amounts under subsection

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

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

20 determined by the Secretary of Housing and Urban

21 Development, in consultation with the Attorney Gen22 eral, the Secretary of Labor, the Secretary of Edu23 cation, and with the Advisory Committee), the value

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

25 value of any lease on a building, the value of any
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1 utilities provided, and the value of any time and

2 services contributed by volunteers to carry out the

3 program of the eligible entity.

4 (3) PROHIBITION ON SUBSTITUTION OF

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

6 amounts provided by States and units of general

7 local government to supplement the grants, may not

8 be used to replace other public funds previously

9 used, or designated for use, under this section.

10 (4) MAXIMUM AND MINIMUM GRANT

11 AMOUNTS.—The Secretary of Housing and Urban

12 Development, in consultation with the Attorney Gen13 eral, the Secretary of Labor, and the Secretary of

14 Education, may not make a grant under subsection

15 (a) to any single eligible entity in an amount less

16 than $50,000 or exceeding $125,000.

17 (5) DISBURSEMENT.—Each grant made under

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

19 entity receiving the grant over the 5-year period be20 ginning on the date that the entity is selected to re21 ceive the grant, as follows:

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

23 year period, 23 percent of the total grant

24 amount shall be disbursed to the entity.
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1 (B) In each of the last 3 years of such 5-

2 year period, 18 percent of the total grant

3 amount shall be disbursed to the entity.

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

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

6 Secretary of Housing and Urban Development an applica7 tion in the form and manner required by the Secretary

8 of Housing and Urban Development, in consultation with

9 the Attorney General, the Secretary of Labor, the Sec10 retary of Education, and with the Advisory Committee,

11 which shall include—

12 (1) a description of the midnight sports league

13 program to be carried out by the entity, including a

14 description of the employment counseling, job train15 ing, and other educational services to be provided;

16 (2) letters of agreement from service providers

17 to provide training and counseling services required

18 under subsection (d) and a description of such serv19 ice providers;

20 (3) letters of agreement providing for facilities

21 for sports games and counseling, training, and edu22 cational services required under subsection (d) and

23 a description of the facilities;

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

25 community served by the program who have ex-
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•HR 4092 IH

1 pressed interest in sponsoring, or have made com2 mitments to sponsor, a team in the midnight sports

3 league; and

4 (5) evidence that the neighborhood or commu5 nity served by the program meets the requirements

6 of subsection (d)(3).

7 (g) SELECTION.—The Secretary of Housing and

8 Urban Development, in consultation with the Attorney

9 General, the Secretary of Labor, the Secretary of Edu10 cation, and with the Advisory Committee, shall select eligi11 ble entities that submit applications under subsection (f)

12 to receive grants under subsection (a). The Secretary of

13 Housing and Urban Development, in consultation with the

14 Attorney General, the Secretary of Labor, the Secretary

15 of Education, and with the Advisory Committee, shall es16 tablish criteria for selection of applicants to receive such

17 grants. The criteria shall include a preference for selection

18 of eligible entities carrying out midnight sports league pro19 grams in suburban and rural areas.

20 (h) REPORTS.—The Secretary of Housing and Urban

21 Development, in consultation with the Attorney General,

22 the Secretary of Labor, and the Secretary of Education,

23 shall require each eligible entity receiving a grant under

24 subsection (a) to submit for each year in which grant
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•HR 4092 IH

1 amounts are received by the entity, a report describing the

2 activities carried out with such amounts.

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

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

5 the Secretary of Housing and Urban Development, in con6 sultation with the Attorney General, the Secretary of

7 Labor, and the Secretary of Education, shall make a grant

8 to one entity qualified to carry out a study under this sub9 section. The entity shall use such grant to carry out a

10 scientific study of the effectiveness of midnight sports

11 league programs under subsection (d) of eligible entities

12 receiving grants under subsection (a). The Secretary of

13 Housing and Urban Development, in consultation with the

14 Attorney General, the Secretary of Labor, and the Sec15 retary of Education, shall require such entity to submit

16 a report describing the study and any conclusions and rec17 ommendations resulting from the study to the Congress

18 and the Secretary of Housing and Urban Development

19 and the Attorney General not later than the expiration of

20 the 2-year period beginning on the date that the grant

21 under this subsection is made.

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

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

24 described under subsection (b)(1); and
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1 (2) the term ‘‘federally assisted low-income

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

3 5126 of the Public and Assisted Housing Drug

4 Elimination Act of 1990.

5 (k) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated—

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

8 $10,000,000 in each of fiscal years 1995, 1996,

9 1997, 1998, and 1999; and

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

11 $250,000 in fiscal year 1995.

12 Subtitle E—Drug Courts

13 SEC. 1041. GRANT AUTHORITY.

14 The Attorney General may make grants to units of

15 State and local government, and to other public and pri16 vate entities, for programs that involve continuing judicial

17 supervision over specified categories of persons with sub18 stance abuse problems, and that involve the integrated ad19 ministration of other sanctions and services including—

20 (1) testing for the use of controlled substances

21 or other addictive substances;

22 (2) substance abuse treatment;

23 (3) diversion, probation, or other supervised re24 lease involving the possibility of prosecution, confine25 ment, or incarceration based on noncompliance with
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1 program requirements or failure to show satisfactory

2 progress; and

3 (4) programmatic or health related aftercare

4 services such as relapse prevention, education, voca5 tional training, job placement, housing placement,

6 and child care or other family support services.

7 SEC. 1042. ADMINISTRATION.

8 (a) CONSULTATION.—The Attorney General shall

9 consult with the Secretary of Health and Human Services

10 and any other appropriate officials in carrying out this

11 subtitle.

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

13 may utilize any component or components of the Depart14 ment of Justice in carrying out this subtitle.

15 (c) REGULATORY AUTHORITY.—The Attorney Gen16 eral may issue regulations and guidelines to carry out this

17 subtitle, including specifications concerning application re18 quirements, selection criteria, duration and renewal of

19 grants, evaluation requirements, matching funds, limita20 tion of administrative expenses, submission of reports by

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

22 records, and documents maintained by grantees or other

23 persons for purposes of audit or examination.
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1 (d) APPLICATIONS.—In addition to any other require2 ments that may be specified by the Attorney General, an

3 application for a grant under this subtitle shall—

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

5 implementation plan;

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

7 program adequately without Federal assistance;

8 (3) certify that the Federal support provided

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

10 and local sources of funding that would otherwise be

11 available;

12 (4) identify related governmental or community

13 initiatives which complement or will be coordinated

14 with the proposal;

15 (5) certify that there has been appropriate con16 sultation with all affected agencies, and that there

17 will be appropriate coordination with all affected

18 agencies in the implementation of the program;

19 (6) specify plans for obtaining necessary sup20 port and continuing the proposed program following

21 the conclusion of Federal support; and

22 (7) describe the methodology that will be uti23 lized in evaluating the program.
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1 SEC. 1043. TECHNICAL ASSISTANCE, TRAINING, AND EVAL2 UATION.

3 (a) TECHNICAL ASSISTANCE AND TRAINING.—The

4 Attorney General may provide technical assistance and

5 training in furtherance of the purposes of this subtitle.

6 (b) EVALUATIONS.—In addition to any evaluation re7 quirements that may be prescribed for grantees, the Attor8 ney General may carry out or make arrangements for eval9 uations of programs that receive support under this sub10 title.

11 (c) ADMINISTRATION.—The technical assistance,

12 training, and evaluations authorized by this section may

13 be carried out directly by the Attorney General, in collabo14 ration with the Secretary of Health and Human Services,

15 or through grants, contracts, or other cooperative arrange16 ments with other entities.

17 SEC. 1044. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated

19 $280,000,000 in each of fiscal years 1995, 1996, 1997,

20 1998, and 1999 to carry out this subtitle.

21 Subtitle F—Assistance for

22 Delinquent and At-Risk Youth

23 SEC. 1051. GRANT AUTHORITY.

24 (a) IN GENERAL.—(1) In order to prevent the com25 mission of crimes or delinquent acts by juveniles, the At26 torney General may make grants to public or private non-
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1 profit organizations to support the development and oper2 ation of projects to provide residential services to youth,

3 aged 11 to 19, who—

4 (A) have dropped out of school;

5 (B) have come into contact with the juvenile

6 justice system; or

7 (C) are at risk of dropping out of school or

8 coming into contact with the juvenile justice system.

9 (2) Such services shall include activities designed

10 to—

11 (A) increase the self-esteem of such youth;

12 (B) assist such youth in making healthy and re13 sponsible choices;

14 (C) improve the academic performance of such

15 youth pursuant to a plan jointly developed by the

16 applicant and the school which each such youth at17 tends or should attend; and

18 (D) provide such youth with vocational and life

19 skills.

20 (b) APPLICATIONS.—(1) A public agency or private

21 nonprofit organization which desires a grant under this

22 section shall submit an application at such time and in

23 such manner as the Attorney General may prescribe.

24 (2) Such application shall include—
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1 (A) a description of the program developed by

2 the applicant, including the activities to be offered;

3 (B) a detailed discussion of how such program

4 will prevent youth from committing crimes or delin5 quent acts;

6 (C) evidence that such program—

7 (i) will be carried out in facilities which

8 meet applicable State and local laws with re9 gard to safety;

10 (ii) will include academic instruction, ap11 proved by the State or local educational agency,

12 which meets or exceeds State and local stand13 ards and curricular requirements; and

14 (iii) will include instructors and other per15 sonnel who possess such qualifications as may

16 be required by applicable State or local laws;

17 and

18 (D) specific, measurable outcomes for youth

19 served by the program.

20 (c) CONSIDERATION OF APPLICATIONS.—Not later

21 than 60 days following the submission of applications, the

22 Attorney General shall—

23 (1) approve each application and disburse the

24 funding for each such application, or
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1 (2) disapprove the application and inform the

2 applicant of such disapproval and the reasons there3 for.

4 (d) REPORTS.—A grantee under this section shall an5 nually submit a report to the Attorney General that de6 scribes the activities and accomplishments of such pro7 gram, including the degree to which the specific youth out8 comes are met.

9 SEC. 1052. AUTHORIZATION OF APPROPRIATIONS.

10 For grants under section 1051, there are authorized

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

12 1995 through 1999.

13 Subtitle G—Police Recruitment

14 SEC. 1061. GRANT AUTHORITY.

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

16 grants to qualified community organizations to assist in

17 meeting the costs of qualified programs which are de18 signed to recruit and retain applicants of police depart19 ments.

20 (b) QUALIFIED COMMUNITY ORGANIZATIONS.—An

21 organization is a qualified community organization which

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

23 organization—

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

25 (2) has training and experience in—
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1 (A) working with a police department and

2 with teachers, counselors, and similar person3 nel,

4 (B) providing services to the community in

5 which the organization is located,

6 (C) developing and managing services and

7 techniques to recruit individuals to become

8 members of a police department and to assist

9 such individuals in meeting the membership re10 quirements of police departments,

11 (D) developing and managing services and

12 techniques to assist in the retention of appli13 cants to police departments, and

14 (E) developing other programs that con15 tribute to the community.

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

17 program for which a grant may be made under subsection

18 (a) if the program is designed to recruit and train individ19 uals from underepresented neighborhoods and localities

20 and if—

21 (1) the overall design of the program is to re22 cruit and retain applicants to a police department;

23 (2) the program provides recruiting services

24 which include tutorial programs to enable individuals
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1 to meet police force academic requirements and to

2 pass entrance examinations;

3 (3) the program provides counseling to appli4 cants to police departments who may encounter

5 problems throughout the application process; and

6 (4) the program provides retention services to

7 assist in retaining individuals to stay in the applica8 tion process of a police department.

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

10 subsection (a), a qualified organization shall submit an ap11 plication to the Attorney General in such form as the At12 torney General may prescribe. Such application shall—

13 (1) include documentation from the applicant

14 showing—

15 (A) the need for the grant;

16 (B) the intended use of grant funds;

17 (C) expected results from the use of grant

18 funds; and

19 (D) demographic characteristics of the

20 population to be served, including age, disabil21 ity, race, ethnicity, and languages used; and

22 (2) contain assurances satisfactory to the Attor23 ney General that the program for which a grant is

24 made will meet the applicable requirements of the
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1 program guidelines prescribed by the Attorney Gen2 eral under subsection (i).

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

4 than 60 days after the date that an application for a grant

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

6 shall consult with the police department which will be in7 volved with the applicant and shall—

8 (1) approve the application and disburse the

9 grant funds applied for; or

10 (2) disapprove the application and inform the

11 applicant that the application is not approved and

12 provide the applicant with the reasons for the dis13 approval.

14 (f) GRANT DISBURSEMENT.—The Attorney General

15 shall disburse funds under a grant under subsection (a)

16 in accordance with regulations of the Attorney General

17 which shall ensure—

18 (1) priority is given to applications for areas

19 and organizations with the greatest showing of need;

20 (2) that grant funds are equitably distributed

21 on a geographic basis; and

22 (3) the needs of underserved populations are

23 recognized and addressed.

24 (g) GRANT PERIOD.—A grant under subsection (a)

25 shall be made for a period not longer than 3 years.
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1 (h) GRANTEE REPORTING.—(1) For each year of a

2 grant period for a grant under subsection (a), the recipient

3 of the grant shall file a performance report with the Attor4 ney General explaining the activities carried out with the

5 funds received and assessing the effectiveness of such ac6 tivities in meeting the purpose of the recipient’s qualified

7 program.

8 (2) If there was more than one recipient of a grant,

9 each recipient shall file such report.

10 (3) The Attorney General shall suspend the funding

11 of a grant if the recipient of the grant does not file the

12 report required by this subsection or uses the grant for

13 a purpose not authorized by this section.

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

15 regulation, prescribe guidelines on content and results for

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

17 guidelines shall be designed to establish programs which

18 will be effective in training individuals to enter instruc19 tional programs for police departments and shall include

20 requirements for—

21 (1) individuals providing recruiting services;

22 (2) individuals providing tutorials and other

23 academic assistance programs;

24 (3) individuals providing retention services; and
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1 (4) the content and duration of recruitment, re2 tention, and counseling programs and the means and

3 devices used to publicize such programs.

4 SEC. 1062. AUTHORIZATION OF APPROPRIATIONS.

5 For grants under section 1061 there are authorized

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

7 1995 through 1999.

8 Subtitle H—National Triad

9 Program

10 SEC. 1065. FINDINGS.

11 The Congress finds that—

12 (1) older Americans are among the most rapidly

13 growing segments of our society;

14 (2) currently, older Americans comprise 15 per15 cent of our society, and predictions are that by the

16 turn of the century they will constitute 18 percent

17 of the Nation’s population;

18 (3) older Americans find themselves uniquely

19 situated in the society, environmentally and phys20 ically;

21 (4) many older Americans are experiencing in22 creased social isolation due to fragmented and dis23 tant familial relations, scattered associations, limited

24 access to transportation, and other insulating

25 factors;
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1 (5) physical conditions such as hearing loss,

2 poor eyesight, lessened agility, and chronic and de3 bilitating illnesses often contribute to a senior citi4 zen’s susceptibility to criminal victimization;

5 (6) older Americans are too frequently the vic6 tims of abuse and neglect, violent crime, property

7 crime, consumer fraud, medical quackery, and con8 fidence games;

9 (7) studies have found that older Americans

10 that are victims of violent crime are more likely to

11 be injured and require medical attention than are

12 younger victims;

13 (8) victimization data on crimes against older

14 Americans are incomplete and out of date, and data

15 sources are partial, scattered, and not easily

16 obtained;

17 (9) although a few studies have attempted to

18 define and estimate the extent of abuse and neglect

19 of older Americans, both in their homes and in insti20 tutional settings, many experts believe that abuse

21 and neglect crimes are substantially underreported

22 and undetected;

23 (10) similarly, while some evidence suggests

24 that older Americans may be targeted in a range of

25 fraudulent schemes, neither the Uniform Crime Re-
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1 port nor the National Crime Survey collects data on

2 individual- or household-level fraud;

3 (11) many law enforcement agencies do not

4 have model practices for responding to the criminal

5 abuse of older Americans;

6 (12) law enforcement officers and social service

7 providers come from different disciplines and fre8 quently bring different perspectives to the problem

9 of crimes against older Americans;

10 (13) the differences in approaches can inhibit a

11 genuinely effective response;

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

13 that seek to forge partnerships to coordinate crimi14 nal justice and social service approaches to victim15 ization of older Americans;

16 (15) the Triad program, sponsored by the Na17 tional Sheriffs’ Association (NSA), the International

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

19 American Association of Retired Persons (AARP), is

20 one such effort;

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

22 senior executive branch officer formulating older

23 Americans policy, is an appropriate leader in efforts

24 to reduce violent crime against older Americans; and
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1 (17) recognizing that older Americans have the

2 same fundamental desire as other members of our

3 society to live freely, without fear or restriction due

4 to the criminal element, the Federal Government

5 should seek to expand efforts to reduce crime

6 against this growing and uniquely vulnerable seg7 ment of our population.

8 SEC. 1066. PURPOSES.

9 The purposes of this subtitle are—

10 (1) to support a coordinated effort among law

11 enforcement, older Americans organizations, and so12 cial service agencies to stem the tide of violence

13 against older Americans and support media and

14 nonmedia strategies aimed at increasing both public

15 understanding of the problem and the older Ameri16 cans’ skills in preventing crime against themselves

17 and their property; and

18 (2) to address the problem of crime against

19 older Americans in a systematic and effective man20 ner by promoting and expanding collaborative crime

21 prevention programs, such as the Triad model, that

22 assist law enforcement agencies and older Americans

23 in implementing specific strategies for crime preven24 tion, victim assistance, citizen involvement, and pub25 lic education.
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1 SEC. 1067. NATIONAL ASSESSMENT AND DISSEMINATION.

2 (a) IN GENERAL.—The Director of the National In3 stitute of Justice in consultation with the Assistant Sec4 retary for Aging shall conduct a qualitative and quan5 titative national assessment of—

6 (1) the nature and extent of crimes committed

7 against older Americans and the effect of such

8 crimes on the victims;

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

10 crimes and nonviolent crimes (such as frauds and

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

12 unreported crimes;

13 (3) the collaborative needs of law enforcement,

14 health, and social service organizations, focusing on

15 prevention of crimes against older Americans, to

16 identify, investigate, and provide assistance to vic17 tims of those crimes; and

18 (4) the development and growth of strategies to

19 respond effectively to the matters described in para20 graphs (1), (2), and (3).

21 (b) MATTERS TO BE ADDRESSED.—The national as22 sessment made pursuant to subsection (a) shall address—

23 (1) the analysis and synthesis of data from a

24 broad range of sources in order to develop accurate

25 information on the nature and extent of crimes

26 against older Americans, including identifying and
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1 conducting such surveys and other data collection ef2 forts as are needed and designing a strategy to keep

3 such information current over time;

4 (2) institutional and community responses to el5 derly victims of crime, focusing on the problems as6 sociated with fear of victimization, abuse of older

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

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

9 nearby, or living in high crime areas;

10 (3) special services and responses required by

11 elderly victims;

12 (4) whether the experience of older Americans

13 with some service organizations differs markedly

14 from that of younger populations;

15 (5) the kinds of programs that have proven use16 ful in reducing victimization of older Americans

17 through crime prevention activities and programs;

18 (6) the kinds of programs that contribute to

19 successful coordination among public sector agencies

20 and community organizations in reducing victimiza21 tion of older Americans; and

22 (7) the research agenda needed to develop a

23 comprehensive understanding of the problems of

24 crimes against older Americans, including the

25 changes that can be anticipated in the crimes them-
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1 selves and appropriate responses as the society in2 creasingly ages.

3 (c) AVOIDANCE OF DUPLICATION.—In conducting

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

5 National Institute of Justice, in consultation with the As6 sistant Secretary of Aging, shall draw upon the findings

7 of existing studies and avoid duplication of efforts that

8 have previously been made.

9 (d) DISSEMINATION.—Based on the results of the na10 tional assessment and analysis of successful or promising

11 strategies in dealing with the problems described in sub12 section (b) and other problems, including coalition efforts

13 such as the Triad programs described in sections 1065

14 and 1066, the Director of the National Institute of Jus15 tice, in consultation with the Assistant Secretary of Aging,

16 shall disseminate the results through reports, publications,

17 clearinghouse services, public service announcements, and

18 programs of evaluation, demonstration, training, and tech19 nical assistance.

20 SEC. 1068. PILOT PROGRAMS.

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

22 Assistance, in consultation with the Assistant Secretary

23 of Aging, shall make grants to coalitions of local law en24 forcement agencies and older Americans to assist in the

25 development of programs and execute field tests of par-
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1 ticularly promising strategies for crime prevention services

2 and related services based on the concepts of the Triad

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

4 for further demonstration and education programs.

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

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

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

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

9 representative of at least 1 older Americans’ organization

10 within a county and may include participation by general

11 service coalitions of law enforcement, victim service, and

12 senior citizen advocate second service organizations. If

13 there exists with the applicant county an area agency on

14 aging as defined in section 102(17) of the Older Ameri15 cans Act of 1965, the applicant county must include the

16 agency as an organizational component in its program.

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

18 in a county or if the sheriff or a police chief do not partici19 pate, a pilot program funded under this section shall in20 clude in the place of the sheriff or police chief another

21 key law enforcement official in the county such as a local

22 prosecutor.

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

24 desires to establish a pilot program under this section
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1 shall submit to the Director of the Bureau of Justice As2 sistance an application that includes—

3 (1) a description of the community and its sen4 ior citizen population;

5 (2) assurances that Federal funds received

6 under this part shall be used to provide additional

7 and appropriate education and services to the com8 munity’s older Americans;

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

10 each organizational component (chief, sheriff (or

11 other law enforcement official), and senior organiza12 tion representative) and focus of the Triad program;

13 (4) a comprehensive plan including—

14 (A) a description of the crime problems

15 facing older Americans and need for expanded

16 law enforcement and victim assistance services;

17 (B) a description of the types of projects

18 to be developed or expanded;

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

20 of Triad endeavors;

21 (D) a description of the resources (includ22 ing matching funds, in-kind services, and other

23 resources) available in the community to imple24 ment the Triad development or expansion;
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1 (E) a description of the gaps that cannot

2 be filled with existing resources;

3 (F) an explanation of how the requested

4 grant will be used to fill those gaps; and

5 (G) a description of the means and meth6 ods the applicant will use to reduce criminal

7 victimization of older persons; and

8 (5) funding requirements for implementing a

9 comprehensive plan.

10 (d) DISTRIBUTION OF GRANT AWARDS.—The Direc11 tor of the Bureau of Justice Assistance, in consultation

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

13 the extent practicable, to achieve an equitable geographic

14 distribution of grant awards for pilot programs authorized

15 under this subtitle.

16 (e) POST-GRANT PERIOD REPORT.—A grant recipi17 ent under this section shall, not later than 6 months after

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

19 of the Bureau of Justice Assistance a report that—

20 (1) describes the composition of organizations

21 that participated in the pilot program;

22 (2) identifies problem areas encountered during

23 the course of the pilot program;

24 (3) provides data comparing the types and fre25 quency of criminal activity before and after the
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1 grant period and the effect of such criminal activity

2 on older Americans in the community; and

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

4 goals for continuance of the Triad program after the

5 grant period.

6 SEC. 1069. TRAINING ASSISTANCE, EVALUATION, AND DIS7 SEMINATION AWARDS.

8 In conjunction with the national assessment under

9 section 1067—

10 (1) the Director of the Bureau of Justice As11 sistance, in consultation with the Assistant Secretary

12 for Aging, shall make awards to organizations with

13 demonstrated ability to provide training and tech14 nical assistance in establishing crime prevention pro15 grams based on the Triad model, for purposes of

16 aiding in the establishment and expansion of pilot

17 programs under this section; and

18 (2) the Director of the National Institute of

19 Justice, in consultation with the Assistant Secretary

20 of Aging, shall make awards to research organiza21 tions, for the purposes of—

22 (A) evaluating the effectiveness of selected

23 pilot programs; and
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1 (B) conducting the research and develop2 ment identified through the national assessment

3 as being critical; and

4 (3) the Director of the Bureau of Justice As5 sistance, in consultation with the Assistant Secretary

6 for Aging, shall make awards to public service adver7 tising coalitions, for the purposes of mounting a pro8 gram of public service advertisements to increase

9 public awareness and understanding of the issues

10 surrounding crimes against older Americans and

11 promoting ideas or programs to prevent them.

12 SEC. 1070. REPORT.

13 The Director of the Bureau of Justice Assistance, in

14 consultation with the Assistant Secretary for Aging, and

15 the Director of the National Institute of Justice shall sub16 mit to Congress an annual report (which may be included

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

18 of the Omnibus Crime Control and Safe Streets Act of

19 1968 (42 U.S.C. 3712(b)) describing the results of the

20 pilot programs conducted under section 1068.

21 SEC. 1071. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated—

23 (1) $2,000,000 to the Bureau of Justice Assist24 ance for the purpose of making Triad pilot program

25 awards in that amount under section 1068;
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1 (2) $1,000,000 to the Bureau of Justice Assist2 ance for the purpose of funding the national training

3 and technical assistance effort under sections 1967

4 and 1068;

5 (3) $1,000,000 to the Bureau of Justice Assist6 ance and $1,000,000 to the Administration on

7 Aging, for the purpose of developing public service

8 announcements under sections 1067 and 1069;

9 (4) $2,000,000 to the National Institute of Jus10 tice for the purposes of conducting the national as11 sessment, evaluating pilot programs, and carrying

12 out the research agenda under sections 1067 and

13 1069; and

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

15 available for the purpose, such sums as are nec16 essary to pay the administrative costs of carrying

17 out this subtitle.

18 Subtitle I—Local Partnership Act

19 SEC. 1075. ESTABLISHMENT OF PAYMENT PROGRAM.

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

21 United States Code, is amended by inserting after chapter

22 65 the following:

23 ‘‘CHAPTER 67—FEDERAL PAYMENTS

‘‘Sec.

‘‘6701. Payments to local governments.

‘‘6702. Local Government Fiscal Assistance Fund.

‘‘6703. Qualification for payment.
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‘‘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.

1 ‘‘§ 6701. Payments to local governments

2 ‘‘(a) PAYMENT AND USE.—

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

4 shall pay to each unit of general local government

5 which qualifies for a payment under this chapter an

6 amount equal to the sum of any amounts allocated

7 to the government under this chapter for each pay8 ment period. The Secretary shall pay such amount

9 out of the Local Government Fiscal Assistance Fund

10 under section 6702.

11 ‘‘(2) USE.—Amounts paid to a unit of general

12 local government under this section shall be used by

13 that unit for carrying out one or more programs of

14 the unit related to—

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

16 ‘‘(B) substance abuse treatment to prevent

17 crime.
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1 ‘‘(b) TIMING OF PAYMENTS.—They shall pay each

2 amount allocated under this chapter to a unit of general

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

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

5 day of the payment period.

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

7 the Secretary shall adjust a payment under this chapter

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

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

10 the amount required to be paid.

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

12 this subsection a payment to a unit of local government

13 only if the Secretary determines the need for the increase

14 or decrease, or the unit requests the increase or decrease,

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

16 which the payment was made.

17 ‘‘(d) RESERVATION FOR ADJUSTMENTS.—The Sec18 retary may reserve a percentage of not more than 0.5 per19 cent of the amount under this section for a payment pe20 riod for all units of general local government in a State

21 if the Secretary considers the reserve is necessary to en22 sure the availability of sufficient amounts to pay adjust23 ments after the final allocation of amounts among the

24 units of general local government in the State.

25 ‘‘(e) REPAYMENT OF UNEXPENDED AMOUNTS.—
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1 ‘‘(1) REPAYMENT REQUIRED.—A unit of gen2 eral local government shall repay to the Secretary,

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

4 that is—

5 ‘‘(A) paid to the unit from amounts appro6 priated for fiscal year 1995 under the authority

7 of this section; and

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

9 31, 1995.

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

11 received by the Secretary as repayments under this

12 subsection shall be deposited in the general fund of

13 the Treasury as miscellaneous receipts.

14 ‘‘(f) EXPENDITURE WITH DISADVANTAGED BUSI15 NESS ENTERPRISES.—

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

17 unit of general local government under this chapter

18 for a payment period, not less than 10 percent of

19 the total combined amounts obligated by the unit for

20 contracts and subcontracts shall be expended with—

21 ‘‘(A) small business concerns controlled by

22 socially and economically disadvantaged individ23 uals and women; and

24 ‘‘(B) historically Black colleges and univer25 sities and colleges and universities having a stu-
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1 dent body in which more than 20 percent of the

2 students are Hispanic Americans or Native

3 Americans.

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

5 apply to amounts paid to a unit of general local gov6 ernment to the extent the unit determines that the

7 paragraph does not apply through a process that

8 provides for public participation.

9 ‘‘(3) DEFINITIONS.—For purposes of this sub10 section—

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

12 the meaning such term has under section 3 of

13 the Small Business Act; and

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

15 disadvantaged individuals’ has the meaning

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

17 Business Act and relevant subcontracting regu18 lations promulgated pursuant to that section.

19 ‘‘(g) NONSUPPLANTING REQUIREMENT.—(1) Funds

20 made available under this chapter to units of local govern21 ment shall not be used to supplant State or local funds,

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

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

24 available from State or local sources.
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1 ‘‘(2) The total level of funding available to a unit of

2 local government for accounts serving eligible purposes

3 under this chapter in the fiscal year immediately preceding

4 receipt of a grant under this chapter shall be designated

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

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

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

8 that a unit of local government reduces its base level ac9 count in that fiscal year.

10 ‘‘(3) The Secretary shall issue regulations to imple11 ment this subsection.

12 ‘‘§ 6702. Local Government Fiscal Assistance Fund

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

14 of the Treasury has a Local Government Fiscal Assistance

15 Fund, which consists of amounts appropriated to the

16 Fund.

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

18 are authorized to be appropriated to the Fund

19 $2,000,000,000 for fiscal years 1995 and 1996.

20 ‘‘§ 6703. Qualification for payment

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

22 Secretary, a unit of general local government qualifies for

23 a payment under this chapter for a payment period only

24 after establishing to the satisfaction of the Secretary

25 that—
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1 ‘‘(1) the government will establish a trust fund

2 in which the government will deposit all payments

3 received under this chapter;

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

5 trust fund (including interest) during a reasonable

6 period specified in the regulations issued by the

7 Secretary;

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

9 so received, in accordance with the laws and proce10 dures that are applicable to the expenditure of reve11 nues of the government;

12 ‘‘(4) if at least 25 percent of the pay of individ13 uals employed by the government in a public em14 ployee occupation is paid out of the trust fund, indi15 viduals in the occupation any part of whose pay is

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

17 equal to the prevailing rate of pay for individuals

18 employed in similar public employee occupations by

19 the government;

20 ‘‘(5) if at least 25 percent of the costs of a con21 struction project are paid out of the trust fund, la22 borers and mechanics employed by contractors or

23 subcontractors on the project will receive pay at

24 least equal to the prevailing rate of pay for similar

25 construction in the locality as determined by the
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1 Secretary of Labor under the Act of March 3, 1931

2 (46 Stat. 1494 et seq.; popularly known as the

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

4 act on labor standards under this paragraph in a

5 manner that is in accordance with Reorganization

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

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

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

9 and fiscal procedures that conform to guidelines

10 which shall be prescribed by the Secretary after con11 sultation with the Comptroller General of the United

12 States;

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

14 the government will make available to the Secretary

15 and the Comptroller General of the United States,

16 with the right to inspect, records the Secretary rea17 sonably requires to review compliance with this

18 chapter or the Comptroller General of the United

19 States reasonably requires to review compliance and

20 operations under section 6718(b); and

21 ‘‘(8) the government will make reports the Sec22 retary reasonably requires, in addition to the annual

23 reports required under section 6719(b).

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

25 local government shall give the chief executive officer of
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1 the State in which the government is located an oppor2 tunity for review and comment before establishing compli3 ance with subsection (a).

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

5 Secretary decides that a unit of general local government

6 has not complied substantially with subsection (a) or regu7 lations prescribed under subsection (a), the Secretary shall

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

9 government does not take corrective action by the 60th

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

11 Secretary will withhold additional payments to the govern12 ment for the current payment period and later payment

13 periods until the Secretary is satisfied that the govern14 ment—

15 ‘‘(A) has taken the appropriate corrective ac16 tion; and

17 ‘‘(B) will comply with subsection (a) and regu18 lations prescribed under subsection (a).

19 ‘‘(2) Before giving notice under paragraph (1), the

20 Secretary shall give the chief executive officer of the unit

21 of general local government reasonable notice and an op22 portunity for a proceeding.

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

24 of general local government notified under paragraph (1)

25 only if the Secretary is satisfied that the government—
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1 ‘‘(A) has taken the appropriate corrective ac2 tion; and

3 ‘‘(B) will comply with subsection (a) and regu4 lations prescribed under subsection (a).

5 ‘‘§ 6704. State area allocations; allocations and pay6 ments to territorial governments

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

8 payment period, the Secretary shall allocate to each State

9 out of the amount appropriated for the period under the

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

11 to territorial governments under subsection (e) for the

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

13 amount appropriated (minus such amounts allocated

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

15 under this section bears to the total amount allocated to

16 all States under this section. The Secretary shall—

17 ‘‘(1) determine the amount allocated to the

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

19 allocate the larger amount to the State; and

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

21 to units of general local government in the State

22 under sections 6705 and 6706.

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

24 to a State under this subsection for a payment period is
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1 the amount bearing the same ratio to $5,300,000,000

2 as—

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

4 the general tax effort factor of the State (deter5 mined under paragraph (2)), multiplied by the rel6 ative income factor of the State (determined under

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

8 labor force unemployed in the State (determined

9 under paragraph (4)); bears to

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

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

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

13 payment period is—

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

15 the State collected during the years used by the Sec16 retary of Commerce in the most recent Bureau of

17 the Census general determination of State and local

18 taxes made before the beginning of the payment

19 period; divided by

20 ‘‘(B) the total income of individuals, as deter21 mined by the Secretary of Commerce for national in22 come accounts purposes, attributed to the State for

23 the same years.

24 ‘‘(3) The relative income factor of a State is a frac25 tion in which—
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1 ‘‘(A) the numerator is the per capita income of

2 the United States; and

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

4 of the State.

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

6 in a State is a fraction in which—

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

8 labor force of the State that is unemployed (as de9 termined by the Secretary of Labor for general sta10 tistical purposes); and

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

12 labor force of the United States that is unemployed

13 (as determined by the Secretary of Labor for general

14 statistical purposes).

15 ‘‘(c) ALTERNATIVE FORMULA.—The amount allo16 cated to a State under this subsection for a payment pe17 riod is the total amount the State would receive if—

18 ‘‘(1) $1,166,666,667 were allocated among the

19 States on the basis of population by allocating to

20 each State an amount bearing the same ratio to the

21 total amount to be allocated under this paragraph as

22 the population of the State bears to the population

23 of all States;

24 ‘‘(2) $1,166,666,667 were allocated among the

25 States on the basis of population inversely weighted
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1 for per capita income, by allocating to each State an

2 amount bearing the same ratio to the total amount

3 to be allocated under this paragraph as—

4 ‘‘(A) the population of the State, multi5 plied by a fraction in which—

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

7 income of all States; and

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

9 income of the State; bears to

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

11 under subparagraph (A) for all States;

12 ‘‘(3) $600,000,000 were allocated among the

13 States on the basis of income tax collections by allo14 cating to each State an amount bearing the same

15 ratio to the total amount to be allocated under this

16 paragraph as the income tax amount of the State

17 (determined under subsection (d)(1)) bears to the

18 sum of the income tax amounts of all States;

19 ‘‘(4) $600,000,000 were allocated among the

20 States on the basis of general tax effort by allocat21 ing to each State an amount bearing the same ratio

22 to the total amount to be allocated under this para23 graph as the general tax effort amount of the State

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

25 sum of the general tax effort amounts of all States;
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•HR 4092 IH

1 ‘‘(5) $600,000,000 were allocated among the

2 States on the basis of unemployment by allocating to

3 each State an amount bearing the same ratio to the

4 total amount to be allocated under this paragraph

5 as—

6 ‘‘(A) the labor force of the State, multi7 plied by a fraction in which—

8 ‘‘(i) the numerator is the percentage

9 of the labor force of the State that is un10 employed (as determined by the Secretary

11 of Labor for general statistical purposes);

12 and

13 ‘‘(ii) the denominator is the percent14 age of the labor force of the United States

15 that is unemployed (as determined by the

16 Secretary of Labor for general statistical

17 purposes);

18 bears to

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

20 under subparagraph (A) for all States; and

21 ‘‘(6) $1,166,666,667 were allocated among the

22 States on the basis of urbanized population by allo23 cating to each State an amount bearing the same

24 ratio to the total amount to be allocated under this

25 paragraph as the urbanized population of the State
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•HR 4092 IH

1 bears to the urbanized population of all States. In

2 this paragraph, the term ‘urbanized population’

3 means the population of an area consisting of a

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

5 and the surrounding closely settled area for the city

6 or cities considered as an urbanized area by the Sec7 retary of Commerce for general statistical purposes.

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

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

10 payment period is 15 percent of the net amount collected

11 during the calendar year ending before the beginning of

12 the payment period from the tax imposed on the income

13 of individuals by the State and described as a State in14 come tax under section 164(a)(3) of the Internal Revenue

15 Code of 1986 (26 U.S.C. 164(a)(3)). The income tax

16 amount for a payment period shall be at least 1 percent

17 but not more than 6 percent of the United States Govern18 ment individual income tax liability attributed to the State

19 for the taxable year ending during the last calendar year

20 ending before the beginning of the payment period. The

21 Secretary shall determine the Government income tax li22 ability attributed to the State on the same basis as the

23 Secretary of the Treasury determines that liability for gen24 eral statistical purposes.
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1 ‘‘(2) The general tax effort amount of a State for

2 a payment period is the amount determined by multiply3 ing—

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

5 the State collected during the years used by the Sec6 retary of Commerce in the most recent Bureau of

7 the Census general determination of State and local

8 taxes made before the beginning of the payment

9 period; by

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

11 determined under subsection (b)(2).

12 ‘‘(e) ALLOCATION FOR PUERTO RICO, GUAM, AMER13 ICAN SAMOA, AND THE VIRGIN ISLANDS.—(1)(A) For

14 each payment period for which funds are available for allo15 cation under this chapter, the Secretary shall allocate to

16 each territorial government an amount equal to the prod17 uct of 1 percent of the amount of funds available for allo18 cation multiplied by the applicable territorial percentage.

19 ‘‘(B) For the purposes of this paragraph, the applica20 ble territorial percentage of a territory is equal to the

21 quotient resulting from the division of the territorial popu22 lation of such territory by the sum of the territorial popu23 lation for all territories.

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

25 payments to local governments within their jurisdiction
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1 from sums received under this subsection as they consider

2 appropriate.

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

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

5 means the government of a territory;

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

7 Rico, Guam, American Samoa, and the Virgin

8 Islands; and

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

10 means the most recent population for each ter11 ritory as determined by the Bureau of Census.

12 ‘‘§ 6705. Local government allocations

13 ‘‘(a) INDIAN TRIBES AND ALASKAN NATIVES VIL14 LAGES.—If there is in a State an Indian tribe or Alaskan

15 native village having a recognized governing body carrying

16 out substantial governmental duties and powers, the Sec17 retary shall allocate to the tribe or village, out of the

18 amount allocated to the State under section 6704, an

19 amount bearing the same ratio to the amount allocated

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

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

22 amounts under this subsection to Indian tribes and Alas23 kan native villages in a State before allocating amounts

24 to units of general local government in the State under

25 subsection (b).
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1 ‘‘(b) OTHER LOCAL GOVERNMENT ALLOCATIONS.—

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

3 local government in a State (other than units receiving

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

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

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

7 allocated, the Secretary shall allocate a portion equal to

1 8 ⁄2 of such amount in accordance with section 6706(1),

and shall allocate a portion equal to 1 9 ⁄2 of such amount

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

11 government shall receive an amount equal to the sum of

12 amounts allocated to the unit from each portion.

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

14 local government in a State under paragraph (1), the Sec15 retary shall allocate to a unit an amount bearing the same

16 ratio to the funds to be allocated as—

17 ‘‘(A) the population of the unit, multiplied by

18 the general tax effort factor of the unit (determined

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

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

21 to

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

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

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

25 is greater than zero.
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1 ‘‘(3)(A) Except as provided in subparagraph (C), the

2 general tax effort factor of a unit of general local govern3 ment for a payment period is—

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

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

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

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

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

9 is deemed to be zero.

10 ‘‘(C)(i) Except as otherwise provided in this subpara11 graph, the adjusted taxes of a unit of general local govern12 ment are the taxes imposed by the unit for public purposes

13 (except employee and employer assessments and contribu14 tions to finance retirement and social insurance systems

15 and other special assessments for capital outlay), as deter16 mined by the Secretary of Commerce for general statistical

17 purposes and adjusted (under regulations of the Sec18 retary) to exclude amounts properly allocated to education

19 expenses.

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

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

22 general local government that are imposed by a county

23 government in the geographic area of which is located the

24 unit of general local government as taxes imposed by the

25 unit for public purposes if—
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1 ‘‘(I) the county government transfers any part

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

3 local government without specifying the purpose for

4 which the unit of general local government may ex5 pend the revenue; and

6 ‘‘(II) the chief executive officer of the State no7 tifies the Secretary that the taxes satisfy the re8 quirements of this clause.

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

10 government shall not exceed the maximum allowable ad11 justed taxes for that unit.

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

13 unit of general local government is the allowable adjusted

14 taxes of the unit minus the excess adjusted taxes of the

15 unit.

16 ‘‘(v) The allowable adjusted taxes of a unit of general

17 government is the greater of—

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

19 per capita adjusted taxes of all units of general local

20 government of the same type in the State, multiplied

21 by the population of the unit; or

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

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

24 all units of municipal local government in the State,
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1 divided by the sum of the populations of all the units

2 of municipal local government in the State.

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

4 local government is the amount equal to—

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

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

7 taxes of the unit;

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

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

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

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

12 units of general local government of the same type’

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

14 general local government of the same type divided by

15 the sum of the populations of all units of general

16 local government of the same type; and

17 ‘‘(II) the term ‘units of general local govern18 ment of the same type’ means all townships if the

19 unit of general local government is a township, all

20 municipalities if the unit of general local government

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

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

23 county governments if the unit of general local gov24 ernment is a unified city/county government.
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1 ‘‘(4)(A) Except as provided in subparagraph (B), the

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

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

4 6706, multiplied by the per capita income of the

5 State in which the unit is located; minus

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

7 area of the unit.

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

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

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

11 to be zero.

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

13 Secretary decides that information available for a unit of

14 general local government with a population below a num15 ber (of not more than 500) prescribed by the Secretary

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

17 lieu of any allocation under subsection (b) for a payment

18 period, an amount bearing the same ratio to the total

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

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

21 the population of the unit bears to the population of all

22 units in the State.
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1 ‘‘§ 6706. Income gap multiplier

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

3 unit of general local government under section

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

‘‘(1) 1.6, with respect to 1 5 ⁄2 of any amount allo6 cated under section 6704 to the State in which the

7 unit is located; and

8 ‘‘(2) 1.2, with respect to the remainder of such

9 amount.

10 ‘‘§ 6707. State variation of local government alloca11 tions

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

13 provide by law for the allocation of amounts among units

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

15 population multiplied by the general tax effort factors or

16 income gaps of the units of general local government de17 termined under sections 6705 (a) and (b) or a combination

18 of those factors. A State government providing for a vari19 ation of an allocation formula provided under sections

20 6705 (a) and (b) shall notify the Secretary of the variation

21 by the 30th day before the beginning of the first payment

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

23 ‘‘(1) provide for allocating the total amount al24 located under sections 6705 (a) and (b);

25 ‘‘(2) apply uniformly in the State; and
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•HR 4092 IH

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

2 before October 1, 1995.

3 ‘‘(b) CERTIFICATION.—A variation by a State govern4 ment under this section may apply only if the Secretary

5 certifies that the variation complies with this section. The

6 Secretary may certify a variation only if the Secretary is

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

8 payment period in which the variation applies.

9 ‘‘§ 6708. Adjustments of local government allocations

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

11 a unit of general local government for a payment period

12 may not exceed the adjusted taxes imposed by the unit

13 of general local government as determined under section

14 6705(b)(3). Amounts in excess of adjusted taxes shall be

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

16 local government is located.

17 ‘‘(b) DE MINIMIS ALLOCATIONS.—If the amount al18 located to a unit of general local government (except an

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

20 period would be less than $5,000 but for this subsection

21 or is waived by the governing authority of the unit of gen22 eral local government, the Secretary shall pay the amount

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

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

25 of a State shall use all amounts paid to the Governor
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1 under subsections (a) and (b) for programs described in

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

3 the units of general local government with respect to which

4 amounts are paid under subsection (b).

5 ‘‘§ 6709. Information used in allocation formulas

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

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

8 most recent available information provided by the Sec9 retary of Commerce and the Secretary of Labor before the

10 beginning of the payment period to determine an alloca11 tion under this chapter. If the Secretary decides that the

12 information is not current or complete enough to provide

13 for a fair allocation, the Secretary may use additional in14 formation (including information based on estimates) as

15 provided under regulations of the Secretary.

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

17 determine population on the same basis that the Secretary

18 of Commerce determines resident population for general

19 statistical purposes.

20 ‘‘(2) The Secretary shall request the Secretary of

21 Commerce to adjust the population information provided

22 to the Secretary as soon as practicable to include a reason23 able estimate of the number of resident individuals not

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

25 Secretary shall use the estimates in determining alloca-
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•HR 4092 IH

1 tions for the payment period beginning after the Secretary

2 receives the estimates. The Secretary shall adjust popu3 lation information to reflect adjustments made under sec4 tion 118 of the Act of October 1, 1980 (Public Law 96–

5 369, 94 Stat. 1357).

6 ‘‘(c) ADDITIONAL DATA LIMITATIONS.—The Sec7 retary may not—

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

9 period, use information on tax collections for years

10 more recent than the years used by the Secretary of

11 Commerce in the most recent Bureau of the Census

12 general determination of State and local taxes made

13 before the beginning of that period; or

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

15 determine an allocation for a period of 60 months if

16 the change—

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

18 by the President under section 401 of The Rob19 ert T. Stafford Disaster Relief and Emergency

20 Assistance Act; and

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

22 ‘‘§ 6710. Public participation

23 ‘‘(a) HEARINGS.—(1) A unit of general local govern24 ment expending payments under this chapter shall hold

25 at least one public hearing on the proposed use of the pay-
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•HR 4092 IH

1 ment in relation to its entire budget. At the hearing, per2 sons shall be given an opportunity to provide written and

3 oral views to the governmental authority responsible for

4 enacting the budget and to ask questions about the entire

5 budget and the relation of the payment to the entire budg6 et. The government shall hold the hearing at a time and

7 a place that allows and encourages public attendance and

8 participation.

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

10 hearing required under this subsection or by the budget

11 process of the government shall try to provide senior citi12 zens and senior citizen organizations with an opportunity

13 to present views at the hearing before the government

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

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

16 10th day before a hearing required under subsection

17 (a)(1) is held, a unit of general local government shall—

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

19 at the principal office of the government a statement

20 of the proposed use of the payment and a summary

21 of the proposed budget of the government; and

22 ‘‘(B) publish in at least one newspaper of gen23 eral circulation the proposed use of the payment

24 with the summary of the proposed budget and a no25 tice of the time and place of the hearing.
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1 ‘‘(2) By the 30th day after adoption of the budget

2 under State or local law, the government shall—

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

4 at the principal office of the government a summary

5 of the adopted budget, including the proposed use of

6 the payment; and

7 ‘‘(B) publish in at least one newspaper of gen8 eral circulation a notice that the information re9 ferred to in subparagraph (A) is available for inspec10 tion.

11 ‘‘(c) WAIVERS OF REQUIREMENTS.—Under regula12 tions of the Secretary, a requirement—

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

14 the budget process required under the applicable

15 State or local law or charter provisions—

16 ‘‘(A) ensures the opportunity for public at17 tendance and participation contemplated by

18 subsection (a); and

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

20 use of a payment received under this chapter in

21 relation to the entire budget of the government;

22 and

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

24 may be waived if the cost of publishing the informa25 tion would be unreasonably burdensome in relation
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1 to the amount allocated to the government from

2 amounts available for payment under this chapter,

3 or if publication is otherwise impracticable.

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

5 Secretary is satisfied that a unit of general local govern6 ment will provide adequate notice of the proposed use of

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

8 under subsection (b)(1) may be changed to the extent nec9 essary to comply with applicable State or local law.

10 ‘‘(e) APPLICATION TO GOVERNMENTS WITHOUT

11 BUDGETS.—The Secretary shall prescribe regulations for

12 applying this section to units of general local government

13 that do not adopt budgets.

14 ‘‘§ 6711. Prohibited discrimination

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

16 United States shall be excluded from participating in, be

17 denied the benefits of, or be subject to discrimination

18 under, a program or activity of a unit of general local gov19 ernment because of race, color, national origin, or sex if

20 the government receives a payment under this chapter.

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

22 prohibitions and exemptions also apply to a program or

23 activity of a unit of general local government if the govern24 ment receives a payment under this chapter:
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1 ‘‘(1) A prohibition against discrimination be2 cause of age under the Age Discrimination Act of

3 1975.

4 ‘‘(2) A prohibition against discrimination

5 against an otherwise qualified handicapped individ6 ual under section 504 of the Rehabilitation Act of

7 1973.

8 ‘‘(3) A prohibition against discrimination be9 cause of religion, or an exemption from that prohibi10 tion, under the Civil Rights Act of 1964 or title VIII

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

12 Civil Rights Act of 1968).

13 ‘‘(c) LIMITATIONS ON APPLICABILITY OF PROHIBI14 TIONS.—Subsections (a) and (b) do not apply if the gov15 ernment shows, by clear and convincing evidence, that a

16 payment received under this chapter is not used to pay

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

18 which the allegation of discrimination is made.

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

20 shall try to make agreements with heads of agencies of

21 the United States Government and State agencies to in22 vestigate noncompliance with this section. An agreement

23 shall—

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

25 (including sharing civil rights enforcement personnel
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1 and resources) to obtain compliance with this sec2 tion; and

3 ‘‘(2) provide for notifying immediately the Sec4 retary of actions brought by the United States Gov5 ernment or State agencies against a unit of general

6 local government alleging a violation of a civil rights

7 law or a regulation prescribed under a civil rights

8 law.

9 ‘‘§ 6712. Discrimination proceedings

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

11 after the Secretary makes a finding of discrimination or

12 receives a holding of discrimination about a unit of general

13 local government, the Secretary shall submit a notice of

14 noncompliance to the government. The notice shall state

15 the basis of the finding or holding.

16 ‘‘(b) INFORMAL PRESENTATION OF EVIDENCE.—A

17 unit of general local government may present evidence in18 formally to the Secretary within 30 days after the govern19 ment receives a notice of noncompliance from the Sec20 retary. Except as provided in subsection (e), the govern21 ment may present evidence on whether—

22 ‘‘(1) a person in the United States has been ex23 cluded or denied benefits of, or discriminated against

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

25 violation of section 6711(a);
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1 ‘‘(2) the program or activity of the government

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

3 and

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

5 been paid for with a payment received under this

6 chapter.

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

8 the end of the 30-day period under subsection (b), the Sec9 retary shall decide whether the unit of general local gov10 ernment has not complied with section 6711 (a) or (b),

11 unless the government has entered into a compliance

12 agreement under section 6714. If the Secretary decides

13 that the government has not complied, the Secretary shall

14 notify the government of the decision and shall suspend

15 payments to the government under this chapter unless,

16 within 10 days after the government receives notice of the

17 decision, the government—

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

19 section 6714; or

20 ‘‘(2) requests a proceeding under subsection

21 (d)(1).

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

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

24 begin by the 30th day after the Secretary receives a re25 quest for the proceeding. The proceeding shall be before
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1 an administrative law judge appointed under section 3105

2 of title 5. By the 30th day after the beginning of the pro3 ceeding, the judge shall issue a preliminary decision based

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

5 local government is likely to prevail in showing compliance

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

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

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

9 of general local government has—

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

11 the judge may order payments to the government

12 under this chapter terminated; or

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

14 suspension under section 6713(a)(1)(A) shall be dis15 continued promptly.

16 ‘‘(3) An administrative law judge may not issue a

17 preliminary decision that the government is not likely to

18 prevail if the judge has issued a decision described in para19 graph (2)(A).

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

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

22 a unit of general local government about which a holding

23 of discrimination has been made, the Secretary or admin24 istrative law judge may consider only whether a payment

25 under this chapter was used to pay for any part of the
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1 program or activity. The holding of discrimination is con2 clusive. If the holding is reversed by an appellate court,

3 the Secretary or judge shall end the proceeding.

4 ‘‘§ 6713. Suspension and termination of payments in

5 discrimination proceedings

6 ‘‘(a) IMPOSITION AND CONTINUATION OF SUSPEN7 SIONS.—(1) The Secretary shall suspend payment under

8 this chapter to a unit of general local government—

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

10 under section 3105 of title 5 issues a preliminary de11 cision in a proceeding under section 6712(d)(1) that

12 the government is not likely to prevail in showing

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

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

15 the end of the proceeding that the government has

16 not complied with section 6711 (a) or (b), unless the

17 government makes a compliance agreement under

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

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

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

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

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

23 ‘‘(b) LIFTING OF SUSPENSIONS AND TERMI24 NATIONS.—If a holding of discrimination is reversed by

25 an appellate court, a suspension or termination of pay-
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1 ments in a proceeding based on the holding shall be dis2 continued.

3 ‘‘(c) RESUMPTION OF PAYMENTS UPON ATTAINING

4 COMPLIANCE.—The Secretary may resume payment to a

5 unit of general local government of payments suspended

6 by the Secretary only—

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

8 stated in—

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

10 compliance agreement under section

11 6714(a)(1); or

12 ‘‘(B) a compliance agreement entered into

13 by the Secretary under section 6714(a)(2);

14 ‘‘(2) if the government complies completely with

15 an order of a United States court, a State court, or

16 administrative law judge that covers all matters

17 raised in a notice of noncompliance submitted by the

18 Secretary under section 6712(a);

19 ‘‘(3) if a United States court, a State court, or

20 an administrative law judge decides (including a

21 judge in a proceeding under section 6712(d)(1)),

22 that the government has complied with sections

23 6711 (a) and (b); or

24 ‘‘(4) if a suspension is discontinued under sub25 section (b).
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1 ‘‘(d) PAYMENT OF DAMAGES AS COMPLIANCE.—For

2 purposes of subsection (c)(2), compliance by a government

3 may consist of the payment of restitution to a person in4 jured because the government did not comply with section

5 6711 (a) or (b).

6 ‘‘(e) RESUMPTION OF PAYMENTS UPON REVERSAL

7 BY COURT.—The Secretary may resume payment to a unit

8 of general local government of payments terminated under

9 section 6712(d)(2)(A) only if the decision resulting in the

10 termination is reversed by an appellate court.

11 ‘‘§ 6714. Compliance agreements

12 ‘‘(a) TYPES OF COMPLIANCE AGREEMENTS.—A com13 pliance agreement is an agreement—

14 ‘‘(1) approved by the Secretary, between the

15 governmental authority responsible for prosecuting a

16 claim or complaint that is the basis of a holding of

17 discrimination and the chief executive officer of the

18 unit of general local government that has not com19 plied with section 6711 (a) or (b); or

20 ‘‘(2) between the Secretary and the chief execu21 tive officer.

22 ‘‘(b) CONTENTS OF AGREEMENTS.—A compliance

23 agreement—

24 ‘‘(1) shall state the conditions the unit of gen25 eral local government has agreed to comply with
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1 that would satisfy the obligations of the government

2 under sections 6711 (a) and (b);

3 ‘‘(2) shall cover each matter that has been

4 found not to comply, or would not comply, with sec5 tion 6711 (a) or (b); and

6 ‘‘(3) may be a series of agreements that dispose

7 of those matters.

8 ‘‘(c) AVAILABILITY OF AGREEMENTS TO PARTIES.—

9 The Secretary shall submit a copy of a compliance agree10 ment to each person who filed a complaint referred to in

11 section 6716(b), or, if an agreement under subsection

12 (a)(1), each person who filed a complaint with a govern13 mental authority, about a failure to comply with section

14 6711 (a) or (b). The Secretary shall submit the copy by

15 the 15th day after an agreement is made. However, if the

16 Secretary approves an agreement under subsection (a)(1)

17 after the agreement is made, the Secretary may submit

18 the copy by the 15th day after approval of the agreement.

19 ‘‘§ 6715. Enforcement by the Attorney General of pro20 hibitions on discrimination

21 ‘‘The Attorney General may bring a civil action in

22 an appropriate district court of the United States against

23 a unit of general local government that the Attorney Gen24 eral has reason to believe has engaged or is engaging in
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1 a pattern or practice in violation of section 6711 (a) or

2 (b). The court may grant—

3 ‘‘(1) a temporary restraining order;

4 ‘‘(2) an injunction; or

5 ‘‘(3) an appropriate order to ensure enjoyment

6 of rights under section 6711 (a) or (b), including an

7 order suspending, terminating, or requiring repay8 ment of, payments under this chapter or placing ad9 ditional payments under this chapter in escrow

10 pending the outcome of the action.

11 ‘‘§ 6716. Civil action by a person adversely affected

12 ‘‘(a) AUTHORITY FOR PRIVATE SUITS IN FEDERAL

13 OR STATE COURT.—If a unit of general local government,

14 or an officer or employee of a unit of general local govern15 ment acting in an official capacity, engages in a practice

16 prohibited by this chapter, a person adversely affected by

17 the practice may bring a civil action in an appropriate dis18 trict court of the United States or a State court of general

19 jurisdiction. Before bringing an action under this section,

20 the person must exhaust administrative remedies under

21 subsection (b).

22 ‘‘(b) ADMINISTRATIVE REMEDIES REQUIRED TO BE

23 EXHAUSTED.—A person adversely affected shall file an

24 administrative complaint with the Secretary or the head

25 of another agency of the United States Government or the
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1 State agency with which the Secretary has an agreement

2 under section 6711(d). Administrative remedies are

3 deemed to be exhausted by the person after the 90th day

4 after the complaint was filed if the Secretary, the head

5 of the Government agency, or the State agency—

6 ‘‘(1) issues a decision that the government has

7 not failed to comply with this chapter; or

8 ‘‘(2) does not issue a decision on the complaint.

9 ‘‘(c) AUTHORITY OF COURT.—In an action under this

10 section, the court—

11 ‘‘(1) may grant—

12 ‘‘(A) a temporary restraining order;

13 ‘‘(B) an injunction; or

14 ‘‘(C) another order, including suspension,

15 termination, or repayment of, payments under

16 this chapter or placement of additional pay17 ments under this chapter in escrow pending the

18 outcome of the action; and

19 ‘‘(2) to enforce compliance with section 6711

20 (a) or (b), may allow a prevailing party (except the

21 United States Government) a reasonable attorney’s

22 fee.

23 ‘‘(d) INTERVENTION BY ATTORNEY GENERAL.—In

24 an action under this section to enforce compliance with

25 section 6711 (a) or (b), the Attorney General may inter-
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1 vene in the action if the Attorney General certifies that

2 the action is of general public importance. The United

3 States Government is entitled to the same relief as if the

4 Government had brought the action and is liable for the

5 same fees and costs as a private person.

6 ‘‘§ 6717. Judicial review

7 ‘‘(a) APPEALS IN FEDERAL COURT OF APPEALS.—

8 A unit of general local government which receives notice

9 from the Secretary about withholding payments under sec10 tion 6703(c), suspending payments under section

11 6713(a)(1)(B), or terminating payments under section

12 6712(d)(2)(A), may apply for review of the action of the

13 Secretary by filing a petition for review with the court of

14 appeals of the United States for the circuit in which the

15 government is located. The petition shall be filed by the

16 60th day after the date the notice is received. The clerk

17 of the court shall immediately send a copy of the petition

18 to the Secretary.

19 ‘‘(b) FILING OF RECORD OF ADMINISTRATIVE PRO20 CEEDING.—The Secretary shall file with the court a

21 record of the proceeding on which the Secretary based the

22 action. The court may consider only objections to the ac23 tion of the Secretary that were presented before the

24 Secretary.
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1 ‘‘(c) COURT ACTION.—The court may affirm, change,

2 or set aside any part of the action of the Secretary. The

3 findings of fact by the Secretary are conclusive if sup4 ported by substantial evidence in the record. If a finding

5 is not supported by substantial evidence in the record, the

6 court may remand the case to the Secretary to take addi7 tional evidence. Upon such a remand, the Secretary may

8 make new or modified findings and shall certify additional

9 proceedings to the court.

10 ‘‘(d) REVIEW ONLY BY SUPREME COURT.—A judg11 ment of a court under this section may be reviewed only

12 by the Supreme Court under section 1254 of title 28.

13 ‘‘§ 6718. Audits, investigations, and reviews

14 ‘‘(a) INDEPENDENT AUDIT.—(1) Except as provided

15 in this section, a unit of general local government that

16 receives a payment under this chapter shall have an inde17 pendent audit made of the financial statements of the gov18 ernment at least as often as is required by paragraph (2)

19 to determine compliance with this chapter. The audit shall

20 be carried out under generally accepted government audit21 ing standards issued by the Comptroller General of the

22 United States.

23 ‘‘(2) Paragraph (1) does not apply to a unit of gen24 eral local government for a fiscal year in which the govern25 ment receives less than $25,000 under this chapter. A unit
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1 of general local government which receives at least

2 $25,000 but not more than $100,000 under this chapter

3 for a fiscal year shall have an audit made in accordance

4 with paragraph (1) at least once every 3 years. A govern5 ment which receives more than $100,000 under this chap6 ter for a fiscal year shall have an audit made in accord7 ance with paragraph (1) for such fiscal year, except that,

8 if the government operates on a biennial fiscal period, such

9 audit may be made biennially but shall cover the financial

10 statement or statements for, and compliance with the re11 quirements of the chapter during, both years within such

12 period.

13 ‘‘(3) An audit of financial statements of a unit of gen14 eral local government carried out under another law of the

15 United States for a fiscal year is deemed to be in compli16 ance with paragraph (1) for that year if the audit substan17 tially complies with the requirements of paragraph (1).

18 ‘‘(b) WAIVER BY LOCAL GOVERNMENT.—A unit of

19 general local government may waive application of sub20 section (a)(1) if—

21 ‘‘(1) the financial statements of the government

22 are audited by independent auditors under State or

23 local law at least as often as would be required by

24 subsection (a)(2);
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1 ‘‘(2) the government certifies that the audit is

2 carried out under generally accepted auditing stand3 ards issued by the Comptroller General of the

4 United States;

5 ‘‘(3) the auditing provisions of the State or

6 local law are applicable to the payment period to

7 which the waiver applies; and

8 ‘‘(4) the government submits to the Secretary a

9 brief description of the auditing standards used

10 under the relevant State or local law and specifica11 tion of the payment period to which the waiver

12 applies.

13 ‘‘(c) WAIVER BY SECRETARY.—Under regulations of

14 the Secretary, the Secretary may waive any requirement

15 under subsection (a)(1) or (b) for a unit of general local

16 government for a fiscal year if the Secretary decides that

17 the financial statements of the government for the year—

18 ‘‘(1) cannot be audited, and the government

19 shows substantial progress in making the statements

20 auditable; or

21 ‘‘(2) have been audited by a State agency that

22 does not follow generally accepted auditing stand23 ards issued by the Comptroller General of the Unit24 ed States or that is not independent, and the State
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1 agency shows progress in meeting those auditing

2 standards or in becoming independent.

3 ‘‘(d) SERIES OF AUDITS.—A series of audits carried

4 out over a period of not more than 3 years covering the

5 total amount in the financial accounts of a unit of general

6 local government is deemed to be a single audit under sub7 sections (a)(1) and (b) of this section.

8 ‘‘(e) AUDIT OPINION.—An opinion of an audit car9 ried out under this section shall be provided to the Sec10 retary in the form and at times required by the Secretary.

11 No later than 30 days following the completion of the

12 audit, the unit of general local government shall make the

13 audit report available for public inspection.

14 ‘‘(f) INVESTIGATIONS BY SECRETARY.—(1) The Sec15 retary shall maintain regulations providing reasonable and

16 specific time limits for the Secretary to—

17 ‘‘(A) carry out an investigation and make a

18 finding after receiving a complaint referred to in sec19 tion 6716(b), a determination by a State or local ad20 ministrative agency, or other information about a

21 possible violation of this chapter;

22 ‘‘(B) carry out audits and reviews (including in23 vestigations of allegations) about possible violations

24 of this chapter; and
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1 ‘‘(C) advise a complainant of the status of an

2 audit, investigation, or review of an allegation by the

3 complainant of a violation of section 6711 (a) or (b)

4 or other provision of this chapter.

5 ‘‘(2) The maximum time limit under paragraph

6 (1)(A) is 90 days.

7 ‘‘(g) REVIEWS BY COMPTROLLER GENERAL.—The

8 Comptroller General of the United States shall carry out

9 reviews of the activities of the Secretary, State govern10 ments, and units of general local government necessary

11 for the Congress to evaluate compliance and operations

12 under this chapter.

13 ‘‘§ 6719. Reports

14 ‘‘(a) REPORTS BY SECRETARY OF TREASURY TO

15 CONGRESS.—Before June 2 of each year, the Secretary

16 personally shall report to the Congress on—

17 ‘‘(1) the status and operation of the Local Gov18 ernment Fiscal Assistance Fund during the prior fis19 cal year; and

20 ‘‘(2) the administration of this chapter, includ21 ing a complete and detailed analysis of—

22 ‘‘(A) actions taken to comply with sections

23 6711 through 6715, including a description of

24 the kind and extent of noncompliance and the

25 status of pending complaints;
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1 ‘‘(B) the extent to which units of general

2 local government receiving payments under this

3 chapter have complied with sections 6702 and

4 6718 (a), (b), and (d), including a description

5 of the kind and extent of noncompliance and

6 actions taken to ensure the independence of au7 dits conducted under section 6718 (a), (b), and

8 (d);

9 ‘‘(C) the way in which payments under this

10 chapter have been distributed in the jurisdic11 tions receiving payments; and

12 ‘‘(D) significant problems in carrying out

13 this chapter and recommendations for legisla14 tion to remedy the problems.

15 ‘‘(b) REPORTS BY UNITS OF GENERAL LOCAL GOV16 ERNMENT TO SECRETARY OF TREASURY.—(1) At the end

17 of each fiscal year, each unit of general local government

18 which received a payment under this chapter for the fiscal

19 year shall submit a report to the Secretary. The report

20 shall be submitted in the form and at a time prescribed

21 by the Secretary and shall be available to the public for

22 inspection. The report shall state—

23 ‘‘(A) the amounts and purposes for which the

24 payment has been appropriated, expended, or obli25 gated in the fiscal year;
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1 ‘‘(B) the relationship of the payment to the rel2 evant functional items in the budget of the govern3 ment; and

4 ‘‘(C) the differences between the actual and

5 proposed use of the payment.

6 ‘‘(2) The Secretary shall provide a copy of a report

7 submitted under paragraph (1) by a unit of general local

8 government to the chief executive officer of the State in

9 which the government is located. The Secretary shall pro10 vide the report in the manner and form prescribed by the

11 Secretary.

12 ‘‘(c) REGULATIONS.—The Secretary shall prescribe

13 regulations for applying this section to units of general

14 local government that do not adopt budgets.

15 ‘‘§ 6720. Definitions and application

16 ‘‘(a) DEFINITIONS.—In this chapter—

17 ‘‘(1) ‘unit of general local government’ means—

18 ‘‘(A) a county, township, city, or political

19 subdivision of a county, township, or city, that

20 is a unit of general local government as deter21 mined by the Secretary of Commerce for gen22 eral statistical purposes; and

23 ‘‘(B) the District of Columbia and the rec24 ognized governing body of an Indian tribe or
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1 Alaskan Native village that carries out substan2 tial governmental duties and powers;

3 ‘‘(2) ‘payment period’ means each 1-year period

4 beginning on October 1 of 1994 and 1995;

5 ‘‘(3) ‘State and local taxes’ means taxes im6 posed by a State government or unit of general local

7 government or other political subdivision of a State

8 government for public purposes (except employee

9 and employer assessments and contributions to fi10 nance retirement and social insurance systems and

11 other special assessments for capital outlay) as de12 termined by the Secretary of Commerce for general

13 statistical purposes;

14 ‘‘(4) ‘State’ means any of the several States

15 and the District of Columbia;

16 ‘‘(5) ‘income’ means the total money income re17 ceived from all sources as determined by the Sec18 retary of Commerce for general statistical purposes;

19 ‘‘(6) ‘per capita income’ means—

20 ‘‘(A) in the case of the United States, the

21 income of the United States divided by the pop22 ulation of the United States;

23 ‘‘(B) in the case of a State, the income of

24 that State, divided by the population of that

25 State; and
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1 ‘‘(C) in the case of a unit of general local

2 government, the income of that unit of general

3 local government divided by the population of

4 the unit of general local government;

5 ‘‘(7) ‘finding of discrimination’ means a deci6 sion by the Secretary about a complaint described in

7 section 6716(b), a decision by a State or local ad8 ministrative agency, or other information (under

9 regulations prescribed by the Secretary) that it is

10 more likely than not that a unit of general local gov11 ernment has not complied with section 6711 (a) or

12 (b);

13 ‘‘(8) ‘holding of discrimination’ means a holding

14 by a United States court, a State court, or an ad15 ministrative law judge appointed under section 3105

16 of title 5, that a unit of general local government ex17 pending amounts received under this chapter has—

18 ‘‘(A) excluded a person in the United

19 States from participating in, denied the person

20 the benefits of, or subjected the person to dis21 crimination under, a program or activity be22 cause of race, color, national origin, or sex; or

23 ‘‘(B) violated a prohibition against dis24 crimination described in section 6711(b); and
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1 ‘‘(9) ‘Secretary’ means the Secretary of the

2 Treasury.

3 ‘‘(b) TREATMENT OF SUBSUMED AREAS.—If the en4 tire geographic area of a unit of general local government

5 is located in a larger entity, the unit of general local gov6 ernment is deemed to be located in the larger entity. If

7 only part of the geographic area of a unit is located in

8 a larger entity, each part is deemed to be located in the

9 larger entity and to be a separate unit of general local

10 government in determining allocations under this chapter.

11 Except as provided in regulations prescribed by the Sec12 retary, the Secretary shall make all data computations

13 based on the ratio of the estimated population of the part

14 to the population of the entire unit of general local govern15 ment.

16 ‘‘(c) BOUNDARY AND OTHER CHANGES.—If a bound17 ary line change, a State statutory or constitutional change,

18 annexation, a governmental reorganization, or other cir19 cumstance results in the application of sections 6704

20 through 6708 in a way that does not carry out the pur21 poses of sections 6701 through 6708, the Secretary shall

22 apply sections 6701 through 6708 under regulations of the

23 Secretary in a way that is consistent with those

24 purposes.’’.
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1 (b) DEFICIT NEUTRALITY.—Any appropriation to

2 carry out the amendment made by this subtitle to title

3 31, United States Code, for fiscal year 1995 or 1996 shall

4 be offset by cuts elsewhere in appropriations for that fiscal

5 year.

6 SEC. 1076. CLERICAL AMENDMENT.

7 The table of chapters at the beginning of subtitle V

8 of title 31, United States Code, is amended by adding

9 after the item relating to chapter 65 the following:

‘‘67. Federal Payments ..................................................................... 6701’’.

10 Subtitle J—Employment and Skills

11 Crime Prevention

12 SEC. 1081. STATEMENT OF PURPOSE.

13 (a) PURPOSE.—The purpose of this subtitle is to re14 duce crime in neighborhoods with high incidences of crime

15 and poverty through intensive programs that provide em16 ployment opportunities for young adults in those neighbor17 hoods.

18 (b) DEFINITION.—As used in this subtitle, ‘‘high

19 crime area’’ means an area with severe crime problems,

20 including a high incidence of violent crime or drug traf21 ficking.

22 SEC. 1082. PROGRAM AUTHORIZED.

23 The Secretary of Labor in conjunction with the At24 torney General and Secretary of Housing and Urban De25 velopment, and in consultation with appropriate other
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1 Federal officials, may make grants to local governments

2 to fund targeted youth employment and skills development

3 projects to help reduce crime in target areas as defined

4 in section 1083.

5 SEC. 1083. PROGRAM TARGET AREA.

6 The target area or areas of each grant shall be neigh7 borhoods which are high crime areas with high unemploy8 ment among young adults and other serious economic and

9 social problems.

10 SEC. 1084. PARTICIPANTS.

11 (a) ELIGIBLE POPULATION.—Young adults residing

12 or attending school in the target area shall be eligible to

13 participate in programs funded under this subtitle if they

14 are between 16 and 25 years of age. In certain cir15 cumstances, as determined by the Attorney General and

16 the Secretaries of Labor and Housing and Urban Develop17 ment (referred to in this subtitle as the ‘‘Secretaries’’),

18 young adults up to age 30 and youth age 14 to 15 may

19 also be eligible to participate.

20 (b) RESPONSIBLE BEHAVIOR BY PARTICIPANTS.—

21 Continued participation in a program under this subtitle

22 shall be conditioned, during participation in the program,

23 on the following—

24 (1) avoiding crime, including illegal drug use;
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1 (2) regular attendance and satisfactory per2 formance at work;

3 (3) paying child support when paternity has

4 been established and the participant has an income;

5 (4) in-school young adults in high school re6 maining in school until graduation; and

7 (5) requiring young adults ages 16–17 who

8 have dropped out of high school and who have not

9 obtained a General Equivalency Diploma (GED) to

10 return to school or an alternative education pro11 gram.

12 SEC. 1085. ALLOWABLE ACTIVITIES.

13 (a) EXPENDITURE OF FUNDS.—Funds awarded

14 under this subtitle shall be expended only for crime pre15 vention related activities undertaken to carry out an ap16 proved application, such as—

17 (1) apprenticeship programs linking work and

18 learning;

19 (2) on-the-job training in the private sector;

20 (3) youth conservation and service corps;

21 (4) programs emphasizing neighborhood infra22 structure, such as YouthBuild and employment of

23 public housing residents;

24 (5) work experience in private nonprofit organi25 zations and public agencies;
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1 (6) entrepreneurial and microenterprise devel2 opment;

3 (7) crime prevention and security measures for

4 profit and not-for-profit businesses employing sub5 stantial numbers of youth from high crime areas;

6 (8) transportation links to jobs in the labor

7 market area;

8 (9) initiatives to increase the educational at9 tainment, occupational skills, and career aspirations

10 of target area young adults, including work-based

11 learning; and

12 (10) job placement and related case manage13 ment, followup, and other supportive services.

14 (b) WORK EXPERIENCE PROGRAMS.—Work experi15 ence programs funded under this subtitle shall—

16 (1) pay wages in accordance with the Fair

17 Labor Standards Act and relevant State law;

18 (2) include adequate supervision, equipment,

19 and materials and supplies to accomplish useful

20 work projects;

21 (3) include a private sector job development

22 component to facilitate the transition of participants

23 to private sector jobs, which shall include developing

24 portfolios of skill attainment, mentorship opportuni-
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1 ties, and other efforts to increase job networks for

2 participants; and

3 (4) include an extensive job placement compo4 nent.

5 (c) 2-YEAR LIMITATION.—The combination of all

6 subsidized employment for a participant shall not exceed

7 2 years.

8 SEC. 1086. APPLICATION FOR GRANTS.

9 (a) APPLICATION PLAN.—To be eligible to receive a

10 grant under this subtitle, a chief local elected official, with

11 the timely review and comment of the Governor, shall

12 apply to the Secretary of Labor for a Youth Employment

13 and Skills Crime Prevention grant by submitting an appli14 cation that contains a plan for reducing crime by substan15 tially increasing the employment levels of youth adults in

16 the target area. Such a plan shall—

17 (1) describe the measurable outcomes that will

18 be used to evaluate the local success of the program,

19 including reduced crime and substance abuse, in20 creased private sector employment, reduced school

21 dropout rates, and increased educational attainment;

22 (2) specify the organization that will administer

23 the program;

24 (3) describe the specific employment programs

25 that will be offered by the program;
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1 (4) describe the public/private partnership that

2 will promote collaboration between the State and

3 local governments, private sector, public housing au4 thorities, local residents, community-based organiza5 tions, and nonprofit organizations, including linkage

6 with community policing, gang prevention activities,

7 and juvenile justice or delinquency prevention initia8 tives;

9 (5) specify how the public and private sectors

10 will work together to assist youth and young adults

11 to make the transition from subsidized to

12 unsubsidized jobs;

13 (6) describe how links to jobs throughout the

14 labor market area will be provided;

15 (7) specify the manner in which the job network

16 for youth and young adults will be expanded by

17 mentors and other programs; and

18 (8) such other information as the Secretary of

19 Labor in conjunction with the Attorney General and

20 Secretary of Housing and Urban Development may

21 require.

22 (b) COORDINATION WITH OTHER FEDERAL PRO23 GRAMS.—The application must demonstrate that the pro24 posed Youth Employment and Skills Crime Prevention

25 program will build upon and be coordinated with other
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1 Federal initiatives relating to such matters as crime con2 trol and prevention, youth employment, education, eco3 nomic development, community service, or social services.

4 (c) LEVERAGING AND LINKAGES.—As a condition of

5 a grant award, local areas shall establish linkages with the

6 local private sector, local employment and job training

7 programs, and other appropriate entities to enhance the

8 provision of services under this subtitle. Such activities

9 may include leveraging by and linkages with—

10 (1) the local private sector to—

11 (A) develop a mentoring program to im12 prove the job network for young adults in the

13 target area;

14 (B) develop a specified number of career15 track jobs for young adults graduating from

16 high school and college in the target area;

17 (C) develop part-time jobs to support

18 young adults while they are receiving job train19 ing, or secondary or post-secondary education;

20 and

21 (D) develop apprenticeship programs with

22 unions that provide matching funds to create

23 training and employment opportunities;

24 (2) the local service delivery area under the Job

25 Training Partnership Act to identify funds—
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1 (A) for on-the-job training and work-based

2 training programs, based on successful program

3 models, for residents of the target area;

4 (B) to develop a summer jobs program for

5 in-school young adults residing in the target

6 area;

7 (C) for new youth initiatives in the target

8 area; and

9 (D) for child care and supportive services;

10 (3) local programs to provide employment serv11 ices and supportive services, such as transportation

12 service to link target area residents to jobs in the

13 labor market area; and

14 (4) the local educational agency to provide ac15 tivities that will support the program and assist in

16 achieving the goals specified in the application.

17 SEC. 1087. AWARD PRIORITIES.

18 In evaluating the applications submitted under this

19 subtitle, the Secretaries and the Attorney General shall

20 give priority to applications that—

21 (1) demonstrate extensive community support

22 and linkages to crime prevention programs and em23 ployment related programs;

24 (2) target areas that include public and assisted

25 housing projects;
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1 (3) demonstrate evidence of severe social and

2 economic problems;

3 (4) demonstrate the highest quality program

4 design, implementation plan, and goals to be

5 achieved; and

6 (5) include other Federal and non-Federal

7 funding, including State, local, or private resources.

8 SEC. 1088. GRANT DURATION AND NUMBER.

9 (a) DURATION OF GRANTS.—Grants shall be for 1

10 year, and renewable for each of the 4 succeeding years.

11 (b) NUMBER OF GRANTS.—There shall be no more

12 than 10 grants awarded under this subtitle.

13 SEC. 1089. FEDERAL RESPONSIBILITIES.

14 (a) IN GENERAL.—The Secretary of Labor in con15 junction with the Attorney General and the Secretary of

16 Housing and Urban Development shall establish a system

17 of performance measures for assessing programs estab18 lished pursuant to this subtitle.

19 (b) EVALUATION.—The Secretary of Labor in con20 junction with the Attorney General and Secretary of

21 Housing and Urban Development shall conduct a rigorous

22 national evaluation of Youth Employment and Skills

23 Crime Prevention programs funded under this subtitle

24 that will track and assess the effectiveness of those pro25 grams, and include an evaluation of the extent to which
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1 such programs reduce crime and substance abuse, enhance

2 the employment and earnings of participants, promote en3 trepreneurship, reduce dropout rates, and increase edu4 cational attainment. The evaluation may include cost-ben5 efit analyses and shall utilize sound statistical methods

6 and techniques.

7 (c) TECHNICAL ASSISTANCE.—The Secretary of

8 Labor in conjunction with the Attorney General and the

9 Secretary of Housing and Urban Development may pro10 vide appropriate technical assistance to carry out Youth

11 Employment and Skills Crime Prevention programs under

12 this subtitle.

13 (d) ADMINISTRATION.—The technical assistance and

14 evaluations authorized by this section may be carried out

15 directly by the Secretary of Labor or through grants, con16 tracts, or other cooperative arrangements with the Attor17 ney General, the Secretary of Housing and Urban Devel18 opment, or other entities or agencies.

19 SEC. 1090. AUTHORIZATION OF APPROPRIATIONS.

20 (a) AUTHORIZATION.—There are authorized to be ap21 propriated to the Secretary of Labor $75,000,000 for fis22 cal year 1995, $100,000,000 for fiscal year 1996,

23 $110,000,000 for fiscal year 1997, $115,000,000 for fis24 cal year 1998, and $125,000,000 for fiscal year 1999 to

25 carry out this subtitle.
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1 (b) AVAILABILITY OF FUNDS.—Funds appropriated

2 pursuant to this section are authorized to remain available

3 for obligation until expended.

4 (c) EVALUATIONS AND TECHNICAL ASSISTANCE.—Of

5 the amounts appropriated under subsection (a) for a fiscal

6 year, the Secretary of Labor in conjunction with the Attor7 ney General and Secretary of Housing and Urban Devel8 opment may reserve not more than 5 percent of such

9 amounts for each fiscal year to carry out evaluations and

10 technical assistance.

11 SEC. 1091. SANCTIONS.

12 The Secretary of Labor may terminate or suspend

13 financial assistance, in whole or in part, to a recipient or

14 refuse to extend a grant for a recipient, if the Secretary

15 of Labor in conjunction with the Attorney General and

16 Secretary of Housing and Urban Development determines

17 that the recipient has failed to meet the requirements of

18 this subtitle, or any regulations or guidelines under this

19 subtitle, or any approved application submitted pursuant

20 to this subtitle.

21 SEC. 1092. LABOR STANDARDS.

22 Labor standards under the Job Training Partnership

23 Act (29 U.S.C. 1553) shall apply to programs under this

24 subtitle.
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1 SEC. 1093. REGULATIONS OR GUIDELINES.

2 The Secretary of Labor in conjunction with the At3 torney General and Secretary of Housing and Urban De4 velopment shall issue such regulations or guidelines as

5 may be necessary to carry out the purposes of this subtitle.

6 SEC. 1094. WAIVERS.

7 The Secretary of Labor in conjunction with the At8 torney General and Secretary of Housing and Urban De9 velopment may prescribe regulations or guidelines that es10 tablish criteria for waiver of application requirements of

11 programs to the extent that they duplicate or conflict with

12 the requirements specified in similar laws.

13 SEC. 1095. PROHIBITION ON PRIVATE RIGHTS OF ACTION.

14 Nothing in this subtitle shall be construed to estab15 lish a right for any person to bring an action to obtain

16 services under this subtitle.

17 SEC. 1096. ACCEPTANCE OF GIFTS, AND OTHER MATTERS.

18 The Secretaries and Attorney General are authorized,

19 in carrying out this subtitle, to accept, purchase, or lease

20 in the name of the Department of Justice or the Depart21 ment of Labor or the Department of Housing and Urban

22 Development, and employ or dispose of in furtherance of

23 the purposes of this subtitle, any money or property, real,

24 personal, or mixed, tangible or intangible, received by gift,

25 devise, bequest, or otherwise, and to accept voluntary and
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1 uncompensated services notwithstanding the provisions of

2 section 1342 of title 31.

3 Subtitle K—Miscellaneous

4 SEC. 1098. MULTIJURISDICTIONAL GANG TASK FORCES.

5 Section 504(f) of title I of the Omnibus Crime Con6 trol and Safe Streets Act of 1968 is amended by inserting

7 ‘‘or multijurisdictional gang task forces’’ after ‘‘drug task

8 forces’’.

9 TITLE XI—YOUTH VIOLENCE

10 SEC. 1101. PROSECUTION AS ADULTS OF CERTAIN JUVE11 NILES FOR CRIMES OF VIOLENCE.

12 (a) PROSECUTION AS ADULTS.—The 4th undesig13 nated paragraph of section 5032 of title 18, United States

14 Code, is amended by striking ‘‘; however’’ and inserting

15 ‘‘. In the application of the preceding sentence, if the

16 crime of violence is an offense under section 113(a),

17 113(b), 113(c), 1111, 1113, or, if the juvenile possessed

18 a firearm during the offense, section 2111, 2113, 2241(a),

19 or 2241(c) of this title, ‘thirteen’ shall be substituted for

20 ‘fifteen’ and ‘thirteenth’ shall be substituted for ‘fifteenth’.

21 Notwithstanding sections 1152 and 1153 of this title, no

22 person subject to the criminal jurisdiction of an Indian

23 tribal government shall be subject to the preceding sen24 tence for any offense the Federal jurisdiction for which

25 is predicated solely on Indian country as defined in section
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1 1151 of this title, and which has occurred within the

2 boundaries of such Indian country, unless the governing

3 body of the tribe has elected that the preceding sentence

4 have effect over land and persons subject to its criminal

5 jurisdiction. However’’.

6 (b) FEDERAL PRIORITY IN DEALING WITH CERTAIN

7 CRIMES.—The first undesignated paragraph of section

8 5032 of title 18, United States Code, is amended by in9 serting ‘‘ or an offense that is a crime of violence under

10 section 113(a), 113(b), 113(c), 1111, 1113, or if the juve11 nile possessed a firearm during the offense, section 2111,

12 2113, 2241(a), or 2241(c) of this title’’ after ‘‘not exceed

13 six months’’.

14 SEC. 1102. COMMENCEMENT OF JUVENILE PROCEEDING.

15 Section 5032 of title 18, United States Code, is

16 amended by striking ‘‘Any proceedings against a juvenile

17 under this chapter or as an adult shall not be commenced

18 until’’ and inserting ‘‘A juvenile shall not be transferred

19 to adult prosecution nor shall a hearing be held under sec20 tion 5037 (disposition after a finding of juvenile delin21 quency) until’’.

22 SEC. 1103. SEPARATION OF JUVENILE FROM ADULT OF23 FENDERS.

24 Section 5039 of title 18, United States Code, is

25 amended by inserting ‘‘, whether pursuant to an adjudica-
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1 tion of delinquency or conviction for an offense,’’ after

2 ‘‘committed’’ the first place it appears.

3 TITLE XII—CHILD SEXUAL

4 ABUSE PREVENTION ACT OF

5 1994

6 SEC. 1201. PENALTIES FOR INTERNATIONAL TRAFFICKING

7 IN CHILD PORNOGRAPHY.

8 (a) IMPORT RELATED OFFENSE.—Chapter 110 of

9 title 18, United States Code, is amended by adding at the

10 end the following new section:

11 ‘‘§ 2259. Production of sexually explicit depictions of

12 a minor for importation into the United

13 States

14 ‘‘(a) USE OF MINOR.—A person who, outside the

15 United States, employs, uses, persuades, induces, entices,

16 or coerces any minor to engage in, or who has a minor

17 assist any other person to engage in, or who transports

18 any minor with the intent that the minor engage in any

19 sexually explicit conduct for the purpose of producing any

20 visual depiction of such conduct, intending that the visual

21 depiction will be imported into the United States or into

22 waters within 12 miles of the coast of the United States,

23 shall be punished as provided in subsection (c).

24 ‘‘(b) USE OF VISUAL DEPICTION.—A person who,

25 outside the United States, knowingly receives, transports,
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1 ships, distributes, sells, or possesses with intent to trans2 port, ship, sell, or distribute any visual depiction of a

3 minor engaging in sexually explicit conduct (if the produc4 tion of the visual depiction involved the use of a minor

5 engaging in sexually explicit conduct), intending that the

6 visual depiction will be imported into the United States

7 or into waters within a distance of 12 miles of the coast

8 of the United States, shall be punished as provided in sub9 section (c).

10 ‘‘(c) PENALTIES.—A person who violates subsection

11 (a) or (b), or conspires or attempts to do so—

12 ‘‘(1) shall be fined under this title, imprisoned

13 not more than 10 years, or both; and

14 ‘‘(2) if the person has a prior conviction under

15 this chapter or chapter 109A, shall be fined under

16 this title, imprisoned not more than 20 years, or

17 both.’’.

18 (b) TECHNICAL AMENDMENT.—

19 (1) CHAPTER ANALYSIS.—The table of sections

20 at the beginning of chapter 110 of title 18, United

21 States Code, is amended by adding at the end the

22 following new item:

‘‘2259. Production of sexually explicit depictions of a minor for importation into

the United States.’’.

23 (2) FINE PROVISIONS.—Section 2251(d) of title

24 18, United States Code, is amended—
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1 (A) by striking ‘‘not more than $100,000,

2 or’’ and inserting ‘‘under this title,’’;

3 (B) by striking ‘‘not more than $200,000,

4 or’’ and inserting ‘‘under this title,’’; and

5 (C) by striking ‘‘not more than $250,000’’

6 and inserting ‘‘under this title’’.

7 (c) SECTION 2251 PENALTY ENHANCEMENT.—Sec8 tion 2251(d) of title 18, United States Code, is amended

9 by striking ‘‘this section’’ the second place it appears and

10 inserting ‘‘this chapter or chapter 109A’’.

11 (d) SECTION 2252 PENALTY ENHANCEMENT.—Sec12 tion 2252(b)(1) of title 18, United States Code, is amend13 ed by striking ‘‘this section’’ and inserting ‘‘this chapter

14 or chapter 109A’’.

15 (e) CONSPIRACY AND ATTEMPT.—Sections 2251(d)

16 and 2252(b) of title 18, United States Code, are each

17 amended by inserting ‘‘, or attempts or conspires to vio18 late,’’ after ‘‘violates’’ each place it appears.

19 (f) RICO AMENDMENT.—Section 1961(l) of title 18,

20 United States Code, is amended by striking ‘‘2251–2252’’

21 and inserting ‘‘2251, 2252, and 2259’’.

22 (g) TRANSPORTATION OF MINORS.—Chapter 117 of

23 title 18, United States Code, is amended—

24 (1) by adding at the end the following new

25 section:
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1 ‘‘§ 2425. Travel with intent to engage in a sexual act

2 with a juvenile

3 ‘‘A person who travels in interstate commerce, or con4 spires to do so, or a United States citizen or an alien ad5 mitted for permanent residence in the United States who

6 travels in foreign commerce, or conspires to do so, for the

7 purpose of engaging in any sexual act (as defined in sec8 tion 2245) with a person under 18 years of age that would

9 be in violation of chapter 109A if the sexual act occurred

10 in the special maritime and territorial jurisdiction of the

11 United States shall be fined under this title, imprisoned

12 not more than 10 years, or both.’’; and

13 (2) in the table of sections at the beginning, by

14 adding at the end the following new item:

‘‘2425. Travel with intent to engage in a sexual act with a juvenile.’’.

15 SEC. 1202. SENSE OF CONGRESS CONCERNING STATE LEG16 ISLATION REGARDING CHILD PORNOG17 RAPHY.

18 It is the sense of the Congress that each State that

19 has not yet done so should enact legislation prohibiting

20 the production, distribution, receipt, or simple possession

21 of materials depicting a person under 18 years of age en22 gaging in sexually explicit conduct (as defined in section

23 2256 of title 18, United States Code) and providing for

24 a maximum imprisonment of at least 1 year and for the
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1 forfeiture of assets used in the commission or support of,

2 or gained from, such offenses.

3 TITLE XIII—JACOB WETTERLING

4 CRIMES AGAINST CHILDREN

5 REGISTRATION ACT

6 SEC. 1301. ESTABLISHMENT OF PROGRAM.

7 (a) IN GENERAL.—

8 (1) STATE GUIDELINES.—The Attorney General

9 shall establish guidelines for State programs requir10 ing any person who is convicted of a criminal offense

11 against a victim who is a minor to register a current

12 address with a designated State law enforcement

13 agency for 10 years after release from prison, or

14 being placed on parole, supervised release, or proba15 tion.

16 (2) DEFINITION.—For purposes of this sub17 section, the term ‘‘criminal offense against a victim

18 who is a minor’’ means any criminal offense that

19 consists of—

20 (A) kidnapping of a minor, except by a

21 parent;

22 (B) false imprisonment of a minor, except

23 by a parent;

24 (C) criminal sexual conduct toward a

25 minor;
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1 (D) solicitation of a minor to engage in

2 sexual conduct;

3 (E) use of a minor in a sexual perform4 ance;

5 (F) solicitation of a minor to practice pros6 titution;

7 (G) any conduct that by its nature is a

8 sexual offense against a minor; or

9 (H) an attempt to commit an offense de10 scribed in any of subparagraphs (A) through

11 (G) of this paragraph, if the State—

12 (i) makes such an attempt a criminal

13 offense; and

14 (ii) chooses to include such an offense

15 in those which are criminal offenses

16 against a victim who is a minor for the

17 purposes of this section.

18 (b) REGISTRATION REQUIREMENT UPON RELEASE,

19 PAROLE, SUPERVISED RELEASE, OR PROBATION.—An

20 approved State registration program established under

21 this section shall contain the following requirements:

22 (1) DUTY OF STATE PRISON OFFICIAL OR

23 COURT.—If a person who is required to register

24 under this section is released from prison, or placed

25 on parole, supervised release, or probation, a State
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1 prison officer, or in the case of probation, the court,

2 shall—

3 (A) inform the person of the duty to reg4 ister and obtain the information required for

5 such registration;

6 (B) inform the person that if the person

7 changes residence address, the person shall give

8 the new address to a designated State law en9 forcement agency in writing within 10 days;

10 (C) inform the person that if the person

11 changes residence to another State, the person

12 shall register the new address with the law en13 forcement agency with whom the person last

14 registered, and the person is also required to

15 register with a designated law enforcement

16 agency in the new State not later than 10 days

17 after establishing residence in the new State, if

18 the new State has a registration requirement;

19 (D) obtain fingerprints and a photograph

20 of the person if these have not already been ob21 tained in connection with the offense that trig22 gers registration; and

23 (E) require the person to read and sign a

24 form stating that the duty of the person to reg25 ister under this section has been explained.
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1 (2) TRANSFER OF INFORMATION TO STATE AND

2 THE F.B.I.—The officer, or in the case of a person

3 placed on probation, the court, shall, within 3 days

4 after receipt of information described in paragraph

5 (1), forward it to a designated State law enforce6 ment agency. The State law enforcement agency

7 shall immediately enter the information into the ap8 propriate State law enforcement record system and

9 notify the appropriate law enforcement agency hav10 ing jurisdiction where the person expects to reside.

11 The State law enforcement agency shall also imme12 diately transmit the conviction data and fingerprints

13 to the Federal Bureau of Investigation.

14 (3) ANNUAL VERIFICATION.—On each anniver15 sary of a person’s initial registration date during the

16 period in which the person is required to register

17 under this section, the designated State law enforce18 ment agency shall mail a nonforwardable verification

19 form to the last reported address of the person. The

20 person shall mail the verification form to the des21 ignated State law enforcement agency within 10

22 days after receipt of the form. The verification form

23 shall be signed by the person, and state that the per24 son still resides at the address last reported to the

25 designated State law enforcement agency. If the per-
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1 son fails to mail the verification form to the des2 ignated State law enforcement agency within 10

3 days after receipt of the form, the person shall be

4 in violation of this section unless the person proves

5 that the person has not changed his or her residence

6 address.

7 (4) NOTIFICATION OF LOCAL LAW ENFORCE8 MENT AGENCIES OF CHANGES IN ADDRESS.—Any

9 change of address by a person required to register

10 under this section reported to the designated State

11 law enforcement agency shall immediately be re12 ported to the appropriate law enforcement agency

13 having jurisdiction where the person is residing. The

14 designated law enforcement agency shall, if the per15 son changes residence to another State, notify the

16 person of the law enforcement agency with which the

17 person must register in the new State, if the new

18 State has a registration requirement.

19 (5) PRIVACY OF DATA.—The information col20 lected under a State registration program shall be

21 treated as private data on individuals and may be

22 disclosed only to law enforcement agencies for inves23 tigative purposes or to government agencies conduct24 ing confidential background checks with fingerprints
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1 on applicants for child care positions or other posi2 tions involving contact with children.

3 (c) REGISTRATION FOR CHANGE OF ADDRESS TO

4 ANOTHER STATE.—A person who has been convicted of

5 an offense which triggered registration in a State shall

6 register the new address with a designated law enforce7 ment agency in another State to which the person moves

8 not later than 10 days after such person establishes resi9 dence in the new State, if the new State has a registration

10 requirement.

11 (d) REGISTRATION FOR 10 YEARS.—A person re12 quired to register under this section shall continue to com13 ply with this section until 10 years have elapsed since the

14 person was released from prison, or placed on parole, su15 pervised release, or probation.

16 (e) PENALTY.—A person required to register under

17 a State program established pursuant to this section who

18 knowingly fails to so register and keep such registration

19 current shall be subject to criminal penalties in any State

20 in which the person has so failed.

21 (f) COMPLIANCE.—

22 (1) COMPLIANCE DATE.—Each State shall have

23 3 years from the date of the enactment of this Act

24 in which to implement this section.
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1 (2) INELIGIBILITY FOR FUNDS.—The allocation

2 of funds under section 506 of title I of the Omnibus

3 Crime Control and Safe Streets Act of 1968 (42

4 U.S.C. 3756) received by a State not complying with

5 the guidelines issued under this section 3 years after

6 the date of enactment of this Act may be reduced

7 by 10 percent and the unallocated funds shall be re8 allocated to the States in compliance with this

9 section.

10 TITLE XIV—COMMUNITY

11 POLICING

12 SEC. 1401. COMMUNITY POLICING; ‘‘COPS ON THE BEAT’’.

13 (a) IN GENERAL.—Title I of the Omnibus Crime

14 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

15 et seq.) is amended by inserting after part S (as added

16 by section 2301(a)) the following new part:

17 ‘‘PART T—PUBLIC SAFETY AND COMMUNITY

18 POLICING; ‘COPS ON THE BEAT’

19 ‘‘SEC. 2001. AUTHORITY TO MAKE PUBLIC SAFETY AND

20 COMMUNITY POLICING GRANTS.

21 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen22 eral is authorized to make grants to States and units of

23 local government, and to other public and private entities,

24 to increase police presence, to expand and improve cooper25 ative efforts between law enforcement agencies and mem-
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1 bers of the community to address crime and disorder prob2 lems, and otherwise to enhance public safety.

3 ‘‘(b) REHIRING AND HIRING GRANT PROJECTS.—

4 Grants made under the authority of subsection (a) of this

5 section may be used for programs, projects, and other

6 activities to—

7 ‘‘(1) rehire law enforcement officers who have

8 been laid off as a result of State and local budget

9 reductions for deployment in community-oriented po10 licing; and

11 ‘‘(2) hire and train new, additional career law

12 enforcement officers (including cadets and trainees)

13 for deployment in community-oriented policing

14 across the Nation.

15 ‘‘(c) ADDITIONAL GRANT PROJECTS.—Grants made

16 under the authority of subsection (a) of this section also

17 may include programs, projects, and other activities to—

18 ‘‘(1) increase the number of law enforcement

19 officers involved in activities that are focused on

20 interaction with members of the community on

21 proactive crime control and prevention by redeploy22 ing officers to such activities;

23 ‘‘(2) provide specialized training to law enforce24 ment officers to enhance their conflict resolution,

25 mediation, problem solving, service, and other skills
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1 needed to work in partnership with members of the

2 community;

3 ‘‘(3) increase police participation in multidisci4 plinary early intervention teams;

5 ‘‘(4) develop new technologies to assist State

6 and local law enforcement agencies in reorienting

7 the emphasis of their activities from reacting to

8 crime to preventing crime;

9 ‘‘(5) develop and implement innovative pro10 grams to permit members of the community to assist

11 State and local law enforcement agencies in the pre12 vention of crime in the community;

13 ‘‘(6) establish innovative programs to reduce,

14 and keep to a minimum, the amount of time that

15 law enforcement officers must be away from the

16 community while awaiting court appearances;

17 ‘‘(7) establish and implement innovative pro18 grams to increase and enhance proactive crime con19 trol and prevention programs involving law enforce20 ment officers and young persons in the community;

21 ‘‘(8) develop and establish new administrative

22 and managerial systems to facilitate the adoption of

23 community-oriented policing as an organization-wide

24 philosophy; and
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1 ‘‘(9) establish, implement, and coordinate crime

2 prevention and control programs (involving law en3 forcement officers working with community mem4 bers) with other existing Federal programs that

5 serve the community and community members to

6 better address the comprehensive needs of such com7 munity and its members.

8 ‘‘(d) PREFERENTIAL CONSIDERATION OF APPLICA9 TIONS FOR CERTAIN GRANTS.—In awarding grants under

10 this part, the Attorney General may give preferential con11 sideration to grants for hiring and rehiring additional ca12 reer law enforcement officers that involve a non-Federal

13 contribution exceeding the 25 percent minimum under

14 subsection (h) of this section.

15 ‘‘(e) TECHNICAL ASSISTANCE.—(1) The Attorney

16 General may provide technical assistance to States and

17 units of local government, and to other public and private

18 entities, in furtherance of the purposes of this part.

19 ‘‘(2) The technical assistance provided by the Attor20 ney General may include the development of a flexible

21 model that will define for States and units of local govern22 ment, and other public and private entities, definitions and

23 strategies associated with community or problem-oriented

24 policing and methodologies for its implementation.
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1 ‘‘(3) The technical assistance provided by the Attor2 ney General may include the establishment and operation

3 of training centers or facilities, either directly or by con4 tracting or cooperative arrangements. The functions of the

5 centers or facilities established under this paragraph may

6 include instruction and seminars for police executives,

7 managers, trainers, and supervisors concerning commu8 nity or problem-oriented policing and improvements in po9 lice-community interaction and cooperation that further

10 the purposes of this part.

11 ‘‘(f) UTILIZATION OF DEPARTMENT OF JUSTICE OF12 FICES AND SERVICES.—The Attorney General may utilize

13 any office or service of the Department of Justice in carry14 ing out this part.

15 ‘‘(g) MINIMUM AMOUNT.—Each qualifying State, to16 gether with grantees within the State, shall receive in each

17 fiscal year pursuant to subsection (a) of this section not

18 less than 0.25 percent of the total amount appropriated

19 in the fiscal year for grants pursuant to such subsection.

20 As used in this subsection, ‘qualifying State’ means any

21 State which has submitted an application for a grant, or

22 in which an eligible entity has submitted an application

23 for a grant, which meets the requirements prescribed by

24 the Attorney General and the conditions set out in this

25 part.
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1 ‘‘(h) MATCHING FUNDS.—The portion of the costs

2 of a program, project, or activity provided by a grant

3 under subsection (a) of this section may not exceed 75

4 percent, unless the Attorney General waives, wholly or in

5 part, the requirement under this subsection of a non-Fed6 eral contribution to the costs of a program, project, or ac7 tivity. In relation to a grant for a period exceeding one

8 year for hiring or re-hiring career law enforcement offi9 cers, the Federal share shall decrease from year to year,

10 looking towards the continuation of the increased hiring

11 level using State or local sources of funding following the

12 conclusion of Federal support, as provided in an approved

13 plan pursuant to section 2002(c)(8) of this part.

14 ‘‘(i) ALLOCATION OF FUNDS.—The funds available

15 under this part shall be allocated as provided in section

16 1001(a)(11)(B) of this title.

17 ‘‘(j) TERMINATION OF GRANTS FOR HIRING OFFI18 CERS.—The authority under subsection (a) of this section

19 to make grants for the hiring and rehiring of additional

20 career law enforcement officers shall lapse at the conclu21 sion of six years from the date of enactment of this part.

22 Prior to the expiration of this grant authority, the Attor23 ney General shall submit a report to Congress concerning

24 the experience with and effects of such grants. The report

25 may include any recommendations the Attorney General
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1 may have for amendments to this part and related provi2 sions of law in light of the termination of the authority

3 to make grants for the hiring and rehiring of additional

4 career law enforcement officers.

5 ‘‘SEC. 2002. APPLICATIONS.

6 ‘‘(a) IN GENERAL.—No grant may be made under

7 this part unless an application has been submitted to, and

8 approved by, the Attorney General.

9 ‘‘(b) FORM AND CONTENT OF APPLICATION.—An ap10 plication for a grant under this part shall be submitted

11 in such form, and contain such information, as the Attor12 ney General may prescribe by regulation or guidelines.

13 ‘‘(c) COMPLIANCE WITH REGULATIONS OR GUIDE14 LINES.—In accordance with the regulations or guidelines

15 established by the Attorney General, each application for

16 a grant under this part shall—

17 ‘‘(1) include a long-term strategy and detailed

18 implementation plan that reflects consultation with

19 community groups and appropriate private and pub20 lic agencies and reflects consideration of the state21 wide strategy under section 503(a)(1) of this part;

22 ‘‘(2) demonstrate a specific public safety need;

23 ‘‘(3) explain the locality’s inability to address

24 the need without federal assistance;
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1 ‘‘(4) identify related governmental and commu2 nity initiatives which complement or will be coordi3 nated with the proposal;

4 ‘‘(5) certify that there has been appropriate co5 ordination with all affected agencies;

6 ‘‘(6) outline the initial and ongoing level of

7 community support for implementing the proposal

8 including financial and in-kind contributions or

9 other tangible commitments;

10 ‘‘(7) specify plans for obtaining necessary sup11 port and continuing the proposed program, project,

12 or activity following the conclusion of Federal sup13 port; and

14 ‘‘(8) if the application is for a grant for hiring

15 or rehiring additional career law enforcement offi16 cers—

17 ‘‘(A) specify plans for the assumption by

18 the grantee of a progressively larger share of

19 the cost in the course of time, looking towards

20 the continuation of the increased hiring level

21 using State or local sources of funding following

22 the conclusion of Federal support;

23 ‘‘(B) assess the impact, if any, of the in24 crease in police resources on other components

25 of the criminal justice system;
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1 ‘‘(C) explain how the grant will be utilized

2 to re-orient the affected law enforcement agen3 cy’s mission towards community-oriented polic4 ing or enhance its involvement in or commit5 ment to community-oriented policing; and

6 ‘‘(D) ensure that, to the extent practicable,

7 grantees seek and recruit members of racial,

8 ethnic, and gender minority groups whose rep9 resentation in the law enforcement agency for

10 which funds are sought is less than in the gen11 eral population qualified for such employment

12 in such jurisdiction.

13 ‘‘SEC. 2003. REVIEW OF APPLICATIONS BY STATE OFFICE.

14 ‘‘(a) IN GENERAL.—Except as provided in subsection

15 (c) or (d), an applicant for a grant under this part shall

16 submit an application to the State office designated under

17 section 507 of this title in the State in which the applicant

18 is located for initial review.

19 ‘‘(b) INITIAL REVIEW OF APPLICATION.—The State

20 office referred to in subsection (a) of this section shall re21 view applications for grants under this part submitted to

22 it, based upon criteria specified by the Attorney General

23 by regulation or guidelines, and rank such applications

24 based upon the criteria specified by the Attorney General.

25 The State office referred to in subsection (a) of this sec-
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1 tion shall submit the list along with all grant applications

2 and supporting materials received to the Attorney

3 General.

4 ‘‘(c) DIRECT APPLICATION TO THE ATTORNEY GEN5 ERAL BY CERTAIN MUNICIPALITIES.—Notwithstanding

6 subsection (a) of this section, municipalities whose popu7 lation exceeds 100,000 may submit an application for a

8 grant under this part directly to the Attorney General. For

9 purposes of this subsection, ‘municipalities whose popu10 lation exceeds 100,000’ means units of local government

11 or law enforcement agencies having jurisdiction over areas

12 with populations exceeding 100,000, and consortia or as13 sociations that include one or more such units of local gov14 ernment or law enforcement agencies.

15 ‘‘(d) DIRECT APPLICATION TO THE ATTORNEY GEN16 ERAL BY OTHER APPLICANTS.—Notwithstanding sub17 section (a) of this section, if a State chooses not to carry

18 out the functions described in subsection (b) of this sec19 tion, an applicant in the State may submit an application

20 for a grant under this part directly to the Attorney

21 General.

22 ‘‘SEC. 2004. RENEWAL OF GRANTS.

23 ‘‘(a) IN GENERAL.—Except for grants made for hir24 ing or rehiring additional career law enforcement officers,

25 a grant under this part may be renewed for up to two
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1 additional years after the first fiscal year during which

2 a recipient receives its initial grant if the Attorney General

3 determines that the funds made available to the recipient

4 were used in a manner required under an approved appli5 cation and if the recipient can demonstrate significant

6 progress in achieving the objectives of the initial applica7 tion.

8 ‘‘(b) GRANTS FOR HIRING.—Grants made for hiring

9 or rehiring additional career law enforcement officers may

10 be renewed for up to five years, subject to the require11 ments of subsection (a) of this section, but notwithstand12 ing the limitation in that subsection concerning the num13 ber of years for which grants may be renewed.

14 ‘‘(c) MULTI-YEAR GRANTS.—A grant for a period ex15 ceeding one year may be renewed as provided in this sec16 tion, except that the total duration of such a grant includ17 ing any renewals may not exceed three years, or six years

18 if it is a grant made for hiring or rehiring additional ca19 reer law enforcement officers.

20 ‘‘SEC. 2005. LIMITATION ON USE OF FUNDS.

21 ‘‘(a) NON-SUPPLANTING REQUIREMENT.—Funds

22 made available under this part to States or units of local

23 government shall not be used to supplant State or local

24 funds, but will be used to increase the amount of funds
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1 that would, in the absence of Federal funds, be made

2 available from State or local sources.

3 ‘‘(b) ADMINISTRATIVE COSTS.—No more than 5 per4 cent of the funds available under this part may be used

5 for the costs of States in carrying out the functions de6 scribed in section 2003(b) or other administrative costs.

7 ‘‘(c) NON-FEDERAL COSTS.—States and units of

8 local government may use assets received through the as9 sets forfeiture equitable sharing program to cover the non10 Federal portion of programs, projects, and activities

11 funded under this part.

12 ‘‘(d) HIRING COSTS.—Funding provided under this

13 part for hiring or rehiring a career law enforcement officer

14 may not exceed $75,000, unless the Attorney General

15 grants a waiver from this limitation.

16 ‘‘SEC. 2006. PERFORMANCE EVALUATION.

17 ‘‘(a) EVALUATION COMPONENTS.—

18 ‘‘(1) Each program, project, or activity funded

19 under this part shall contain an evaluation compo20 nent, developed pursuant to guidelines established by

21 the Attorney General.

22 ‘‘(2) The evaluations required by paragraph (1)

23 shall include outcome measures that can be used to

24 determine the effectiveness of the funded programs,

25 projects, activities and a description of the geo-
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1 graphic dispersion, and racial, ethnic, and gender di2 versity of rehired and new employees. Outcome

3 measures may include crime and victimization indi4 cators, quality of life measures, community percep5 tions, and police perceptions of their own work.

6 ‘‘(b) PERIODIC REVIEW AND REPORTS.—The Attor7 ney General shall review the performance of each grant

8 recipient under this part. The Attorney General may re9 quire a grant recipient to submit to the Attorney General

10 the results of the evaluations required under subsection

11 (a) and such other data and information as the Attorney

12 General deems reasonably necessary to carry out the re13 sponsibilities under this subsection.

14 ‘‘SEC. 2007. REVOCATION OR SUSPENSION OF FUNDING.

15 ‘‘If the Attorney General determines, as a result of

16 the reviews required by section 2006 of this part, or other17 wise, that a grant recipient under this part is not in sub18 stantial compliance with the terms and requirements of

19 an approved grant application submitted under section

20 2002 of this part, the Attorney General may revoke or

21 suspend funding of that grant, in whole or in part.

22 ‘‘SEC. 2008. ACCESS TO DOCUMENTS.

23 ‘‘(a) BY THE ATTORNEY GENERAL.—The Attorney

24 General shall have access for the purpose of audit and ex25 amination to any pertinent books, documents, papers, or
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1 records of a grant recipient under this part, as well as

2 the pertinent books, documents, papers, or records of

3 States and units of local government, persons, businesses,

4 and other entities that are involved in programs, projects,

5 or activities for which assistance is provided under this

6 part.

7 ‘‘(b) BY THE COMPTROLLER GENERAL.—The provi8 sions of subsection (a) of this section shall also apply with

9 respect to audits and examinations conducted by the

10 Comptroller General of the United States or by an author11 ized representative of the Comptroller General.

12 ‘‘SEC. 2009. GENERAL REGULATORY AUTHORITY.

13 ‘‘The Attorney General is authorized to promulgate

14 regulations and guidelines to carry out this part.

15 ‘‘SEC. 2010. DEFINITION.

16 ‘‘For the purposes of this part, the term ‘career law

17 enforcement officer’ means a person hired on a permanent

18 basis who is authorized by law or by a State or local public

19 agency to engage in or supervise the prevention, detection,

20 or investigation of violations of criminal laws.’’.

21 (b) TECHNICAL AMENDMENT.—The table of contents

22 of title I of the Omnibus Crime Control and Safe Streets

23 Act of 1968 (42 U.S.C. 3711, et seq.) is amended by in24 serting after the matter relating to part S (as added by

25 section 2301(b)) the following:
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‘‘PART T—PUBLIC SAFETY AND COMMUNITY POLICING; ‘COPS ON THE

BEAT’

‘‘Sec. 2001. Authority to make public safety and community policing grants.

‘‘Sec. 2002. Applications.

‘‘Sec. 2003. Review of applications by State office.

‘‘Sec. 2004. Renewal of grants.

‘‘Sec. 2005. Limitation on use of funds.

‘‘Sec. 2006. Performance evaluation.

‘‘Sec. 2007. Revocation or suspension of funding.

‘‘Sec. 2008. Access to documents.

‘‘Sec. 2009. General regulatory authority.

‘‘Sec. 2010. Definition.’’.

1 SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.

2 (a) AUTHORIZATION.—Section 1001(a) of title I of

3 the Omnibus Crime Control and Safe Streets Act of 1968

4 (42 U.S.C. 3793) is amended—

5 (1) in paragraph (3) by striking ‘‘and O.’’ and

6 inserting ‘‘O, P, and T.’’; and

7 (2) by adding after paragraph (13) (as added

8 by section 2302) the following:

9 ‘‘(14)(A) There are authorized to be appropriated to

10 carry out part T, to remain available until expended,

11 $200,000,000 for fiscal year 1994 and $650,000,000 for

12 each of the fiscal years 1995, 1996, 1997, 1998, and

13 1999.

14 ‘‘(B) Of funds available under part T in any fiscal

15 year, up to 5 percent may be used for technical assistance

16 under section 2001(e) or for evaluations or studies carried

17 out or commissioned by the Attorney General in further18 ance of the purposes of part T, and up to 5 percent may

19 be used for the costs of States in carrying out the func-
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1 tions described in section 2003(b) or other administrative

2 costs. Of the remaining funds, 50 percent shall be allo3 cated for grants pursuant to applications submitted as

4 provided in section 2003(a) or (d), and 50 percent shall

5 be allocated for grants pursuant to applications submitted

6 as provided in section 2003(c). Of the funds available in

7 relation to grants pursuant to applications submitted as

8 provided in section 2003(a) or (d), at least 85 percent

9 shall be applied to grants for the purposes specified in sec10 tion 2001(b), and no more than 15 percent may be applied

11 to other grants in furtherance of the purposes of part T.

12 Of the funds available in relation to grants pursuant to

13 applications submitted as provided in section 2003(c), at

14 least 85 percent shall be applied to grants for the purposes

15 specified in section 2001(b), and no more than 15 percent

16 may be applied to other grants in furtherance of the pur17 poses of part T.

18 ‘‘(C) Notwithstanding the provisions of section 2003,

19 no funds allocated for grants pursuant to applications sub20 mitted as provided under subsections (a) or (d) of section

21 2003 shall be allocated for grants to a municipality (as

22 defined in section 2003(c)).’’.
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1 TITLE XV—DNA IDENTIFICATION

2 SEC. 1501. SHORT TITLE.

3 This title may be cited at the ‘‘DNA Identification

4 Act of 1994’’.

5 SEC. 1502. FUNDING TO IMPROVE THE QUALITY AND AVAIL6 ABILITY OF DNA ANALYSES FOR LAW EN7 FORCEMENT IDENTIFICATION PURPOSES.

8 (a) DRUG CONTROL AND SYSTEM IMPROVEMENT

9 GRANT PROGRAM.—Section 501(b) of title I of the Omni10 bus Crime Control and Safe Streets Act of 1968 (42

11 U.S.C. 3751(b)) is amended—

12 (1) in paragraph (20) by striking ‘‘and’’ at the

13 end,

14 (2) in paragraph (21) by striking the period at

15 the end and inserting ‘‘; and’’, and

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

17 ‘‘(22) developing or improving in a forensic lab18 oratory a capability to analyze deoxyribonucleic acid

19 (hereinafter in this title referred to as ‘DNA’) for

20 identification purposes.’’.

21 (b) STATE APPLICATIONS.—Section 503(a) of title I

22 of the Omnibus Crime Control and Safe Streets Act of

23 1968 (42 U.S.C. 3753(a)) is amended by adding at the

24 end thereof the following new paragraph:
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1 ‘‘(12) If any part of a grant made under this

2 part is to be used to develop or improve a DNA

3 analysis capability in a forensic laboratory, a certifi4 cation that—

5 ‘‘(A) DNA analyses performed at such lab6 oratory will satisfy or exceed then current

7 standards for a quality assurance program for

8 DNA analysis, issued by the Director of the

9 Federal Bureau of Investigation under section 3

10 of the DNA Identification Act of 1994;

11 ‘‘(B) DNA samples obtained by, and DNA

12 analyses performed at, such laboratory will be

13 accessible only—

14 ‘‘(i) to criminal justice agencies for

15 law enforcement identification purposes;

16 ‘‘(ii) for criminal defense purposes, to

17 a defendant, who shall have access to sam18 ples and analyses performed in connection

19 with the case in which such defendant is

20 charged; or

21 ‘‘(iii) if personally identifiable infor22 mation is removed, for a population statis23 tics database, for identification research

24 and protocol development purposes, or for

25 quality control purposes; and
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1 ‘‘(C) such laboratory, and each analyst

2 performing DNA analyses at such laboratory,

3 will undergo, at regular intervals of not to ex4 ceed 180 days, external proficiency testing by a

5 DNA proficiency testing program meeting the

6 standards issued under section 3 of the DNA

7 Identification Act of 1994.’’.

8 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

9 1001(a) of the Omnibus Crime Control and Safe Streets

10 Act of 1968 (42 U.S.C. 3793(a)) is amended by adding

11 at the end the following:

12 ‘‘(11) There are authorized to be appropriated

13 for each of the fiscal years 1994 through 1998

14 $10,000,000 for grants to the States for DNA

15 analysis.’’.

16 SEC. 1503. QUALITY ASSURANCE AND PROFICIENCY TEST17 ING STANDARDS.

18 (a) PUBLICATION OF QUALITY ASSURANCE AND PRO19 FICIENCY TESTING STANDARDS.—(1) Not later than 180

20 days after the date of the enactment of this Act, the Direc21 tor of the Federal Bureau of Investigation shall appoint

22 an advisory board on DNA quality assurance methods.

23 The Director shall appoint members of the board from

24 among nominations proposed by the head of the National

25 Academy of Sciences and professional societies of crime
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1 laboratory officials. The advisory board shall include as

2 members scientists from State and local forensic labora3 tories, molecular geneticists and population geneticists not

4 affiliated with a forensic laboratory, and a representative

5 from the National Institute of Standards and Technology.

6 The advisory board shall develop, and if appropriate, peri7 odically revise, recommended standards for quality assur8 ance, including standards for testing the proficiency of fo9 rensic laboratories, and forensic analysts, in conducting

10 analyses of DNA.

11 (2) The Director of the Federal Bureau of Investiga12 tion, after taking into consideration such recommended

13 standards, shall issue (and revise from time to time)

14 standards for quality assurance, including standards for

15 testing the proficiency of forensic laboratories, and foren16 sic analysts, in conducting analyses of DNA.

17 (3) The standards described in paragraphs (1) and

18 (2) shall specify criteria for quality assurance and pro19 ficiency tests to be applied to the various types of DNA

20 analyses used by forensic laboratories. The standards shall

21 also include a system for grading proficiency testing per22 formance to determine whether a laboratory is performing

23 acceptably.

24 (4) Until such time as the advisory board has made

25 recommendations to the Director of the Federal Bureau
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1 of Investigation and the Director has acted upon those

2 recommendations, the quality assurance guidelines adopt3 ed by the technical working group on DNA analysis meth4 ods shall be deemed the Director’s standards for purposes

5 of this section.

6 (b) ADMINISTRATION OF THE ADVISORY BOARD.—

7 For administrative purposes, the advisory board appointed

8 under subsection (a) shall be considered an advisory board

9 to the Director of the Federal Bureau of Investigation.

10 Section 14 of the Federal Advisory Committee Act (5

11 U.S.C. App.) shall not apply with respect to the advisory

12 board appointed under subsection (a). The board shall

13 cease to exist on the date 5 years after the initial appoint14 ments are made to the board, unless the existence of the

15 board is extended by the Director of the Federal Bureau

16 of Investigation.

17 SEC. 1504. INDEX TO FACILITATE LAW ENFORCEMENT EX18 CHANGE OF DNA IDENTIFICATION INFORMA19 TION.

20 (a) IN GENERAL.—The Director of the Federal Bu21 reau of Investigation may establish an index of—

22 (1) DNA identification records of persons con23 victed of crimes;

24 (2) analyses of DNA samples recovered from

25 crime scenes; and
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1 (3) analyses of DNA samples recovered from

2 unidentified human remains.

3 (b) CONTENT OF INDEX.—Such index may include

4 only information on DNA identification records and DNA

5 analyses that are—

6 (1) based on analyses performed in accordance

7 with publicly available standards that satisfy or ex8 ceed the guidelines for a quality assurance program

9 for DNA analysis, issued by the Director of the Fed10 eral Bureau of Investigation under section 3 of the

11 DNA Identification Act of 1994;

12 (2) prepared by laboratories, and DNA ana13 lysts, that undergo, at regular intervals of not to ex14 ceed 180 days, external proficiency testing by a

15 DNA proficiency testing program meeting the stand16 ards issued under section 3 of the DNA Identifica17 tion Act of 1994; and

18 (3) maintained by Federal, State, and local

19 criminal justice agencies pursuant to rules that allow

20 disclosure of stored DNA samples and DNA analy21 ses only—

22 (A) to criminal justice agencies for law en23 forcement identification purposes;

24 (B) for criminal defense purposes, to a de25 fendant, who shall have access to samples and
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1 analyses performed in connection with the case

2 in which such defendant is charged; or

3 (C) if personally identifiable information is

4 removed, for a population statistics database,

5 for identification research and protocol develop6 ment purposes, or for quality control purposes.

7 (c) EXCHANGE SUBJECT TO CANCELLATION.—The

8 exchange of records authorized by this section is subject

9 to cancellation if the quality control and privacy require10 ments described in subsection (b) of this section are not

11 met.

12 SEC. 1505. FEDERAL BUREAU OF INVESTIGATION.

13 (a) PROFICIENCY TESTING REQUIREMENTS.—

14 (1) GENERALLY.—Personnel at the Federal

15 Bureau of Investigation who perform DNA analyses

16 shall undergo, at regular intervals of not to exceed

17 180 days, external proficiency testing by a DNA

18 proficiency testing program meeting the standards

19 issued under section 3(a). Within one year of the

20 date of enactment of this Act, the Director of the

21 Federal Bureau of Investigation shall arrange for

22 periodic blind external tests to determine the pro23 ficiency of DNA analysis performed at the Federal

24 Bureau of Investigation laboratory. As used in this

25 paragraph, the term ‘‘blind external test’’ means a
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1 test that is presented to the laboratory through a

2 second agency and appears to the analysts to involve

3 routine evidence.

4 (2) REPORT.—For five years after the date of

5 enactment of this Act, the Director of the Federal

6 Bureau of Investigation shall submit to the Commit7 tees on the Judiciary of the House and Senate an

8 annual report on the results of each of the tests re9 ferred to in paragraph (1).

10 (b) PRIVACY PROTECTION STANDARDS.—

11 (1) GENERALLY.—Except as provided in para12 graph (2), the results of DNA tests performed for

13 a Federal law enforcement agency for law enforce14 ment purposes may be disclosed only—

15 (A) to criminal justice agencies for law en16 forcement identification purposes; or

17 (B) for criminal defense purposes, to a de18 fendant, who shall have access to samples and

19 analyses performed in connection with the case

20 in which such defendant is charged.

21 (2) EXCEPTION.—If personally identifiable in22 formation is removed, test results may be disclosed

23 for a population statistics database, for identification

24 research and protocol development purposes, or for

25 quality control purposes.
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1 (c) CRIMINAL PENALTY.—(1) Whoever—

2 (A) by virtue of employment or official position,

3 has possession of, or access to, individually identifi4 able DNA information indexed in a database created

5 or maintained by any Federal law enforcement agen6 cy; and

7 (B) willfully discloses such information in any

8 manner to any person or agency not entitled to

9 receive it;

10 shall be fined not more than $100,000.

11 (2) Whoever, without authorization, willfully obtains

12 DNA samples or individually identifiable DNA informa13 tion indexed in a database created or maintained by any

14 Federal law enforcement agency shall be fined not more

15 than $100,000.

16 SEC. 1506. AUTHORIZATION OF APPROPRIATIONS.

17 There are authorized to be appropriated to the Fed18 eral Bureau of Investigation $4,500,000 for each of fiscal

19 years 1994 through 1998 to carry out sections 1503,

20 1504, and 1505 of this Act.

21 TITLE XVI—VIOLENCE AGAINST

22 WOMEN

23 SECTION 1600. SHORT TITLE.

24 This title may be cited as the ‘‘Violence Against

25 Women Act of 1994’’.
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1 Subtitle A—Safe Streets for Women

2 SEC. 1601. SHORT TITLE.

3 This subtitle may be cited as the ‘‘Safe Streets for

4 Women Act of 1994’’.

5 SEC. 1602. GRANTS TO COMBAT VIOLENT CRIMES AGAINST

6 WOMEN.

7 (a) IN GENERAL.—Title I of the Omnibus Crime

8 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

9 et seq.) is amended by—

10 (1) redesignating part Q as part R;

11 (2) redesignating section 1701 as section 1801;

12 and

13 (3) adding after part P the following new part:

14 ‘‘PART Q—GRANTS TO COMBAT VIOLENT CRIMES

15 AGAINST WOMEN

16 ‘‘SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS.

17 ‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of

18 this part is to assist States, Indian tribes, and other eligi19 ble entities to develop effective law enforcement and pros20 ecution strategies to combat violent crimes against women.

21 ‘‘(b) PURPOSES FOR WHICH GRANTS MAY BE

22 USED.—Grants under this part shall provide funds for

23 personnel, training, technical assistance, data collection

24 and other equipment for the more widespread apprehen25 sion, prosecution, and adjudication of persons committing
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1 violent crimes against women to reduce the rate of violent

2 crime against women and specifically, for the purposes

3 of—

4 ‘‘(1) training law enforcement officers and pros5 ecutors to identify and respond more effectively to

6 violent crimes against women, including crimes of

7 sexual assault and domestic violence;

8 ‘‘(2) developing, training, or expanding units of

9 law enforcement officers and prosecutors that spe10 cifically target violent crimes against women, includ11 ing the crimes of sexual assault and domestic vio12 lence;

13 ‘‘(3) developing and implementing more effec14 tive police and prosecution policies, protocols, orders,

15 or services specifically devoted to the prevention of,

16 identification of, and response to violent crimes

17 against women, including the crimes of sexual as18 sault and domestic violence;

19 ‘‘(4) developing, installing, or expanding data

20 collection systems, including computerized systems,

21 linking police, prosecutors, and courts or identifying

22 and tracking arrests, protection orders, prosecutions,

23 and convictions for the crimes of sexual assault and

24 domestic violence;
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1 ‘‘(5) developing, enlarging, or strengthening vic2 tim services programs, including sexual assault and

3 domestic violence programs, developing or improving

4 delivery of victim services to racial, cultural, ethnic,

5 and language minorities, and increasing reporting

6 and reducing attrition rates for cases involving vio7 lent crimes against women, including crimes of sex8 ual assault and domestic violence; and

9 ‘‘(6) aiding Indian tribe grantees, exclusively, in

10 financing the Violence Against Women Act of 1994.

11 ‘‘SEC. 1702. STATE GRANTS.

12 ‘‘(a) GENERAL GRANTS.—The Director of the Bu13 reau of Justice Assistance (hereinafter in this part re14 ferred to as the ‘Director’) is authorized to make grants

15 to States, Indian tribes, units of local government, tribal

16 organizations, and nonprofit nongovernmental victim serv17 ices programs in the States or Indian country.

18 ‘‘(b) APPLICATION REQUIREMENTS.—Applications

19 shall include—

20 ‘‘(1) documentation from prosecution, law en21 forcement, and victim services programs to be as22 sisted that demonstrates—

23 ‘‘(A) the need for grant funds;

24 ‘‘(B) the intended use of grant funds; and

25 ‘‘(C) the expected results;
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1 ‘‘(2) proof of compliance with the requirements

2 for the payment of forensic medical exams provided

3 pursuant to section 1603 of the Violence Against

4 Women Act of 1994, except that Indian tribes are

5 exempt from such requirement; and

6 ‘‘(3) proof of compliance with the requirements

7 for paying filing and service fees for domestic vio8 lence cases pursuant to section 1604 of the Violence

9 Against Women Act of 1994.

10 ‘‘(c) QUALIFICATION.—Upon satisfying the terms of

11 subsection (b), an eligible entity shall be eligible for funds

12 provided under this part by—

13 ‘‘(1) certifying that funds received under this

14 part shall be used for the purposes outlined in sec15 tion 1701(b); and

16 ‘‘(2) certifying that grantees shall develop a

17 plan, implement such plan, and otherwise consult

18 and coordinate with nonprofit nongovernmental do19 mestic violence and sexual assault victim services

20 programs, law enforcement officials, victim advo21 cates, prosecutors, and defense attorneys;

22 ‘‘(3) providing documentation from the individ23 uals and groups listed under paragraph (2) regard24 ing their participation in development of a plan and

25 involvement in the application process, as well as
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1 how such individuals and groups will be involved in

2 implementation of the plan;

3 ‘‘(4) providing assurances that the plan devel4 oped under paragraph (2) shall meet the needs of

5 racial, cultural, ethnic, and language minority popu6 lations;

7 ‘‘(5) providing assurances that prosecution, law

8 enforcement, and nonprofit nongovernmental victim

9 services programs in the community to be served by

10 such plan each receive an equitable percentage of

11 any funds allocated under this part; and

12 ‘‘(6) providing assurances that any Federal

13 funds received under this part shall be used to sup14 plement, not supplant, non-Federal funds that would

15 otherwise be available for activities funded under

16 this part.

17 ‘‘(d) DISBURSEMENT OF FUNDS.—

18 ‘‘(1) IN GENERAL.—Not later than 60 days

19 after the receipt of an application under this part,

20 the Director shall either disburse the appropriate

21 sums provided for under this part or shall inform

22 the applicant regarding why the application does not

23 conform to the requirements of this section.
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1 ‘‘(2) RESPONSIBILITY OF DIRECTOR.—In dis2 bursing funds under this part, the Director shall

3 issue regulations—

4 ‘‘(A) to distribute funds equitably on a ge5 ographic basis, including nonurban and rural

6 areas of varying geographic size; and

7 ‘‘(B) give priority to areas of varying geo8 graphic size with the greatest showing of need

9 based on the availability of existing domestic vi10 olence and sexual assault programs in the popu11 lation and geographic area to be served in rela12 tion to the availability of such programs in

13 other such populations and geographic areas.

14 ‘‘(e) GRANTEE REPORTING.—(1) Not later than

15 March 31 of each year during which funds are received

16 under this part, the grantee shall file a performance report

17 with the Director explaining the activities carried out to18 gether with an assessment of the effectiveness of such ac19 tivities in achieving the purposes of this part.

20 ‘‘(2) The grantee shall arrange for assessments of the

21 grantee’s program from all organizations and government

22 entities that were involved in the design of the grant plan.

23 ‘‘(3) Such assessments must be sent directly to the

24 Director by the assessing entity.
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1 ‘‘(f) SUSPENSION OF FUNDING.—The Director shall

2 suspend funding for an approved application if—

3 ‘‘(1) an applicant fails to submit an annual per4 formance report;

5 ‘‘(2) funds provided under this part are ex6 pended for purposes other than those set forth under

7 this part; or

8 ‘‘(3) grant reports or accompanying assess9 ments demonstrate to the Director that the program

10 is ineffective or financially unsound.

11 ‘‘SEC. 1703. GENERAL DEFINITIONS.

12 ‘‘For purposes of this part—

13 ‘‘(1) the term ‘domestic violence’ means crimes

14 of violence committed against a victim by a current

15 or former spouse of the victim, an individual with

16 whom the victim shares a child in common, an indi17 vidual who is cohabiting with or has cohabited with

18 the victim as a spouse, an individual similarly situ19 ated to a spouse, or any other individual who is pro20 tected under domestic or family violence laws of the

21 jurisdiction that receives a grant under this part;

22 ‘‘(2) the term ‘eligible entity’ means a State,

23 unit of local government, Indian tribe, and a non24 profit, nongovernmental victims services program;
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1 ‘‘(3) the term ‘Indian tribe’ means any Indian

2 tribe, band, nation, or other organized group or com3 munity, including any Alaska Native village or re4 gional or village corporation (as defined in, or estab5 lished pursuant to, the Alaska Native Claims Settle6 ment Act (43 U.S.C. 1601, et seq.)), which is recog7 nized as eligible for the special services provided by

8 the United States to Indians because of their status

9 as Indians;

10 ‘‘(4) the term ‘Indian country’ has the meaning

11 given to such term by section 1151 of title 18,

12 United States Code;

13 ‘‘(5) the term ‘sexual assault’ means any con14 duct proscribed by chapter 109A of title 18, United

15 States Code, whether or not the conduct occurs in

16 the special maritime and territorial jurisdiction of

17 the United States or in a Federal prison and in18 cludes both assaults committed by offenders who are

19 strangers to the victim and assaults committed by

20 offenders who are known or related by blood or mar21 riage to the victim; and

22 ‘‘(6) the term ‘victim services program’ means

23 a nongovernmental nonprofit program that assists

24 domestic violence or sexual assault victims, including

25 nongovernmental nonprofit organizations such as
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1 rape crisis centers, battered women’s shelters, and

2 other sexual assault and domestic violence programs,

3 including nonprofit nongovernmental organizations

4 assisting domestic violence and sexual assault vic5 tims through the legal process.

6 ‘‘SEC. 1704. GENERAL TERMS AND CONDITIONS.

7 ‘‘(a) NONMONETARY ASSISTANCE.—In addition to

8 the assistance provided under sections 1702, the Attorney

9 General may request any Federal agency, with or without

10 reimbursement, to use its authorities and the resources

11 granted to it under Federal law (including personnel,

12 equipment, supplies, facilities, and managerial, technical,

13 and advisory services) to support State, tribal, and local

14 assistance efforts under this part.

15 ‘‘(b) BUREAU REPORTING.—Not later than 180 days

16 after the end of each fiscal year for which grants are made

17 under this part, the Director shall submit to the Congress

18 a report that includes, for each State and Indian tribe—

19 ‘‘(1) the amount of grants made under this

20 part;

21 ‘‘(2) a summary of the purposes for which

22 grants were provided and an evaluation of progress;

23 and

24 ‘‘(3) an evaluation of the effectiveness of pro25 grams established with funds under this part.’’.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

2 1001(a) of title I of the Omnibus Crime Control and Safe

3 Streets Act of 1968 (42 U.S.C. 3793), is amended by add4 ing after paragraph (10) the following:

5 ‘‘(11) There are authorized to be appropriated for

6 each of the fiscal years 1994 and 1995, $200,000,000 to

7 carry out the purposes of part Q, with not less than 8

8 percent of such appropriation allotted specifically for In9 dian tribes.’’.

10 (c) ADMINISTRATIVE PROVISIONS.—(1) Section

11 801(b) of title I of the Omnibus Crime Control and Safe

12 Streets Act of 1968 is amended by striking ‘‘and O’’ and

13 inserting ‘‘O, and Q’’; and

14 (2) Section 802(b) of title I of the Omnibus Crime

15 Control and Safe Streets Act of 1968 is amended by strik16 ing ‘‘or O’’ and inserting ‘‘O, or Q’’.

17 (d) CONFORMING AMENDMENT.—The table of con18 tents of title I of the Omnibus Crime Control and Safe

19 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended

20 by striking the matter relating to part Q and inserting

21 the following:

‘‘PART Q—GRANT TO COMBAT VIOLENT CRIMES AGAINST WOMEN

‘‘Sec. 1701. Purpose of the program and grants.

‘‘Sec. 1702. State grants.

‘‘Sec. 1703. General definitions.

‘‘Sec. 1704. General terms and conditions.

‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 1801. Continuation of rules, authorities, and proceedings’’.
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1 SEC. 1603. RAPE EXAM PAYMENTS.

2 (a) RESTRICTION OF FUNDS.—No State is entitled

3 to funds under this title unless the State incurs the full

4 out of pocket cost of forensic medical exams described in

5 subsection (b) for victims of sexual assault.

6 (b) MEDICAL COSTS.—A State shall be deemed to

7 incur the full out of pocket cost of forensic medical exams

8 for victims of sexual assault if such State—

9 (1) provides such exams to victims free of

10 charge to the victim;

11 (2) arranges for victims to obtain such exams

12 free of charge to the victims; or

13 (3) reimburses victims for the cost of such

14 exams, if—

15 (A) the reimbursement covers the full cost

16 of such exams, without any deductible require17 ment or limit on the amount of a reimburse18 ment;

19 (B) the State permits victims to apply to

20 the State for reimbursement for not less than

21 one year from the date of the exam;

22 (C) the State provides reimbursement not

23 later than 90 days after written notification of

24 the victim’s expense; and

25 (D) the State provides information at the

26 time of the exam to all victims, including vic-
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1 tims with limited or no English proficiency, re2 garding how to obtain reimbursement.

3 SEC. 1604. FILING COSTS FOR CRIMINAL CHARGES.

4 No State is entitled to funds under this title unless

5 the State certifies that their laws, policies, and practices

6 do not require, in connection with the prosecution of any

7 misdemeanor or felony domestic violence offense, that the

8 abused bear the costs associated with the filing of criminal

9 charges against the domestic violence offender, or that the

10 abused bear the costs associated with the issuance or serv11 ice of a warrant, protection order, or witness subpoena.

12 SEC. 1605. EQUITABLE TREATMENT OF RAPE CASES.

13 No State is entitled to funds under this title unless

14 the State can certify that its laws and policies treat sex

15 offenses committed by offenders who are known to, cohabi16 tants of, social companions of, or related by blood or mar17 riage to, the victim no less severely than sex offenses com18 mitted by offenders who are strangers to the victim.

19 SEC. 1606. EDUCATION AND PREVENTION GRANTS TO RE20 DUCE SEXUAL ASSAULTS AGAINST WOMEN.

21 (a) IN GENERAL.—Title I of the Omnibus Crime

22 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

23 et seq.), as amended by section 1602, is further amended

24 by—

25 (1) redesignating part R as part S;
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1 (2) redesignating section 1801 as section 1901;

2 and

3 (3) adding after part Q the following new part:

4 ‘‘PART R—RAPE PREVENTION PROGRAMS

5 ‘‘SEC. 1801. GRANT AUTHORIZATION.

6 ‘‘The Director of the Bureau of Justice Assistance

7 (referred to in this part as the ‘Director’) is authorized

8 to make grants—

9 ‘‘(1) to provide educational seminars, particu10 larly developed with emphasis on seminars for ele11 mentary and secondary school age children, designed

12 to develop an awareness of what acts meet the legal

13 definition of rape;

14 ‘‘(2) to provide programs for elementary and

15 secondary school age children that teach nonviolent

16 conflict resolution, self defense, or other relevant

17 skills;

18 ‘‘(3) to operate telephone hotlines for callers

19 with questions regarding sexual assault and rape;

20 ‘‘(4) to design and disseminate training pro21 grams for professionals, including the development

22 and dissemination of protocols for the routine identi23 fication, treatment, and appropriate referral of vic24 tims of sexual assault by hospital emergency person25 nel and other professionals;
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1 ‘‘(5) to develop treatment programs for con2 victed sex offenders and make such programs avail3 able to the local community and to Federal and

4 State prisons;

5 ‘‘(6) to prepare and disseminate informational

6 materials designed to educate the community regard7 ing sexual assault and prevention; and

8 ‘‘(7) to develop other projects to increase

9 awareness and prevention of sexual assault, includ10 ing efforts to increase awareness of sexual assault

11 prevention among racial, ethnic, cultural and lan12 guage minorities.

13 ‘‘SEC. 1802. APPLICATIONS.

14 ‘‘(a) IN GENERAL.—To be eligible to receive a grant

15 under this part, a duly authorized representative of an eli16 gible entity shall submit an application to the Director in

17 such form and containing such information as the Director

18 may reasonably require.

19 ‘‘(b) ASSURANCES.—Each application must contain

20 an assurance that Federal funds received under this part

21 shall be used to supplement, not supplant, non-Federal

22 funds that would otherwise be available for activities

23 funded under this part.

24 ‘‘(c) REQUIRED PLAN.—Each application shall in25 clude a plan that contains—
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1 ‘‘(1) a description of the projects to be devel2 oped;

3 ‘‘(2) a description of how funds would be spent;

4 ‘‘(3) a statement of staff qualifications and

5 demonstrated expertise in the field of rape preven6 tion and education; and

7 ‘‘(4) a statement regarding the ability to serve

8 community needs and language minority populations

9 in providing ethnically and culturally and linguis10 tically appropriate programs where necessary.

11 ‘‘SEC. 1803. REPORTS.

12 ‘‘(a) GRANTEE REPORTING.—Upon completion of the

13 grant period under this subpart, each grantee shall file

14 a performance report with the Director explaining the ac15 tivities carried out together with an assessment of the ef16 fectiveness of such activities in achieving the purposes of

17 this subpart. The Director shall suspend funding for an

18 approved application if an applicant fails to submit an an19 nual performance report.

20 ‘‘(b) BUREAU REPORTING.—Not later than 180 days

21 after the end of each fiscal year for which grants are made

22 under this subpart, the Director shall submit to the Con23 gress a report that includes, for each grantee—

24 ‘‘(1) the amount of grants made under this sub25 part;
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1 ‘‘(2) a summary of the purposes for which

2 grants were provided and an evaluation of progress;

3 and

4 ‘‘(3) an evaluation of the effectiveness of pro5 grams established with funds under this part.

6 ‘‘SEC. 1804. DEFINITIONS.

7 ‘‘For purposes of this part—

8 ‘‘(1) the term ‘eligible entity’ means a non9 profit, nongovernmental organization that directly

10 serves or provides advocacy on behalf of victims of

11 rape or sexual assault; and

12 ‘‘(2) the term ‘sexual assault prevention and

13 education’ means education and prevention efforts

14 directed at reducing the number of sexual assaults.’’.

15 (b) AUTHORIZATION OF APPROPRIATION.—Section

16 1001(a) of title I of the Omnibus Crime Control and Safe

17 Streets Act of 1968 (42 U.S.C. 3793), is amended by add18 ing after paragraph (11), as added by section 1602 of this

19 Act, the following:

20 ‘‘(12) There are authorized to be appropriated to

21 carry out the purposes of part R, $60,000,000 for fiscal

22 year 1994, $75,000,000 for fiscal year 1995, and

23 $100,000,000 for fiscal year 1996.’’.

24 (c) ADMINISTRATIVE PROVISIONS.—(1) Section

25 801(b) of title I of the Omnibus Crime Control and Safe
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1 Streets Act of 1968, as amended by section 111 of this

2 Act, is amended by striking ‘‘O, and Q’’ and inserting ‘‘O,

3 Q, and R’’; and

4 (2) Section 802(b) of title I of the Omnibus Crime

5 Control and Safe Streets Act of 1968, as amended by sec6 tion 1602 of this Act, is amended by striking ‘‘O, or Q’’

7 and inserting ‘‘O, Q, or R’’.

8 (d) CONFORMING AMENDMENT.—The table of con9 tents of title I of the Omnibus Crime Control and Safe

10 Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended

11 by section 1602, is amended by striking the matter relat12 ing to part R and inserting the following:

‘‘PART R—RAPE PREVENTION PROGRAMS

‘‘Sec. 1801. Grant authorization.

‘‘Sec. 1802. Applications.

‘‘Sec. 1803. Reports.

‘‘Sec. 1804. Definitions.

‘‘PART S—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 1901. Continuation of rules, authorities, and proceedings.’’.

13 SEC. 1607. NATIONAL INSTITUTE OF JUSTICE TRAINING

14 PROGRAMS.

15 (a) IN GENERAL.—The National Institute of Justice,

16 after consultation with victim advocates and individuals

17 who have expertise in treating sex offenders, shall estab18 lish criteria and develop training programs to assist proba19 tion and parole officers and other personnel who work with

20 released sex offenders in the areas of—

21 (1) case management;
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1 (2) supervision; and

2 (3) relapse prevention.

3 (b) TRAINING PROGRAMS.—The Director of the Na4 tional Institute of Justice shall attempt, to the extent

5 practicable, to make training programs developed under

6 subsection (a) available in geographically diverse locations

7 throughout the country.

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated $1,000,000 for each of the

10 fiscal years 1994 and 1995 to carry out the provisions

11 of this section.

12 SEC. 1608. INFORMATION PROGRAMS.

13 The Attorney General shall compile information re14 garding sex offender treatment programs and ensure that

15 information regarding community treatment programs in

16 the community into which a convicted sex offender is re17 leased is made available to each person serving a sentence

18 of imprisonment in a Federal penal or correctional institu19 tion for a commission of an offense under chapter 109A

20 of title 18 of the United States Code or for the commission

21 of a similar offense, including halfway houses and psy22 chiatric institutions.
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1 SEC. 1609. VICTIM COMPENSATION.

2 (a) IN GENERAL.—Chapter 109A of title 18, United

3 States Code, is amended by adding at the end the follow4 ing new section:

5 ‘‘§ 2246. Mandatory restitution for sex offenses

6 ‘‘(a) IN GENERAL.—Notwithstanding section 3663 of

7 this title, and in addition to any other civil or criminal

8 penalty authorized by law, the court shall order restitution

9 for any offense under this chapter.

10 ‘‘(b) SCOPE AND NATURE OF ORDER.—

11 ‘‘(1) IN GENERAL.—The order of restitution

12 under this section shall direct that—

13 ‘‘(A) the defendant pay to the victim the

14 full amount of the victim’s losses as determined

15 by the court, pursuant to paragraph (3) of this

16 subsection; and

17 ‘‘(B) the United States Attorney enforce

18 the restitution order by all available and reason19 able means.

20 ‘‘(2) DEFINITIONS.—As used in this subsection,

21 the term ‘full amount of the victim’s losses’ includes

22 any costs incurred by the victim for—

23 ‘‘(A) medical services relating to physical,

24 psychiatric, or psychological care;

25 ‘‘(B) physical and occupational therapy or

26 rehabilitation;
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1 ‘‘(C) lost income;

2 ‘‘(D) attorneys’ fees, plus any costs in3 curred in obtaining a civil protection order;

4 ‘‘(E) temporary housing;

5 ‘‘(F) transportation;

6 ‘‘(G) necessary child care;

7 ‘‘(H) language translation services; and

8 ‘‘(I) any other losses suffered by the victim

9 as a proximate result of the offense.

10 ‘‘(3) MANDATORY NATURE OF ORDER.—(A)

11 Restitution orders under this section are mandatory.

12 A court may not decline to issue an order under this

13 section because of—

14 ‘‘(i) the economic circumstances of the de15 fendant; or

16 ‘‘(ii) the fact that a victim has, or is enti17 tled to, receive compensation for his or her inju18 ries from the proceeds of insurance or any other

19 source.

20 ‘‘(B) Subparagraph (A) of this paragraph does

21 not apply if—

22 ‘‘(i) the court finds on the record that the

23 economic circumstances of the defendant do not

24 allow for the payment of any amount of a res25 titution order, and do not allow for the payment
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1 of any amount of a restitution order in the fore2 seeable future (under any reasonable schedule

3 of payments); and

4 ‘‘(ii) the court enters in its order the

5 amount of the victim’s losses, and provides a

6 nominal restitution award.

7 ‘‘(4) CONSIDERATION OF ECONOMIC CIR8 CUMSTANCES.—

9 ‘‘(A) IN GENERAL.—Notwithstanding para10 graph (3) of this subsection, the court may take

11 into account the economic circumstances of the

12 defendant in determining the manner in which

13 and the schedule according to which the restitu14 tion is to be paid, including—

15 ‘‘(i) the financial resources and other

16 assets of the defendant;

17 ‘‘(ii) projected earnings, earning ca18 pacity, and other income of the defendant;

19 and

20 ‘‘(iii) any financial obligations of the

21 defendant, including obligations to depend22 ents.

23 ‘‘(B) LUMP-SUM OR PARTIAL PAYMENT.—

24 An order under this section may direct the de25 fendant to make a single lump-sum payment or
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1 partial payments at specified intervals. The

2 order shall also provide that the defendant’s

3 restitutionary obligation takes priority over any

4 criminal fine ordered.

5 ‘‘(5) SETOFF.—Any amount paid to a victim

6 under this section shall be set off against any

7 amount later recovered as compensatory damages by

8 the victim from the defendant in—

9 ‘‘(A) any Federal civil proceeding; and

10 ‘‘(B) any State civil proceeding, to the ex11 tent provided by the law of the State.

12 ‘‘(c) PROOF OF CLAIM.—

13 ‘‘(1) IN GENERAL.—Within 60 days after con14 viction and, in any event, no later than 10 days

15 prior to sentencing, the United States Attorney (or

16 delegate), after consulting with the victim, shall pre17 pare and file an affidavit with the court listing the

18 amounts subject to restitution under this section.

19 The affidavit shall be signed by the United States

20 Attorney (or delegate) and the victim. Should the

21 victim object to any of the information included in

22 the affidavit, the United States Attorney (or dele23 gate) shall advise the victim that the victim may file

24 a separate affidavit.
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1 ‘‘(2) OBJECTIONS.—If, after notifying the de2 fendant of the affidavit, no objection is raised by the

3 defendant, the amounts attested to in the affidavit

4 filed pursuant to paragraph (1) of this subsection

5 shall be entered in the court’s restitution order. If

6 objection is raised, the court may require the victim

7 or the United States Attorney (or such Attorney’s

8 delegate) to submit further affidavits or other sup9 porting documents, demonstrating the victim’s

10 losses.

11 ‘‘(3) ADDITIONAL DOCUMENTATION AND TESTI12 MONY.—If the court concludes, after reviewing the

13 supporting documentation and considering the de14 fendant’s objections, that there is a substantial rea15 son for doubting the authenticity or veracity of the

16 records submitted, the court may require additional

17 documentation or hear testimony on those questions.

18 The privacy of any records filed, or testimony heard,

19 pursuant to this section, shall be maintained to the

20 greatest extent possible.

21 ‘‘(4) FINAL DETERMINATION OF LOSSES.—In

22 the event that the victim’s losses are not ascertain23 able 10 days prior to sentencing as provided in sub24 section (c)(1) of this section, the United States At25 torney (or delegate) shall so inform the court, and
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1 the court shall set a date for the final determination

2 of the victim’s losses, not to exceed 90 days after

3 sentencing. If the victim subsequently discovers fur4 ther losses, the victim shall have 60 days after dis5 covery of those losses in which to petition the court

6 for an amended restitution order. Such order may be

7 granted only upon a showing of good cause for the

8 failure to include such losses in the initial claim for

9 restitutionary relief.’’.

10 (b) TABLE OF SECTIONS.—The table of sections at

11 the beginning of chapter 109A of title 18, United States

12 Code, is amended by adding at the end the following:

‘‘2246. Mandatory restitution for sex offenses.’’.

13 SEC. 1610. CAMPUS SEXUAL ASSAULT STUDY.

14 (a) STUDY.—The Attorney General shall provide for

15 a national baseline study to examine the scope of the prob16 lem of campus sexual assaults and the effectiveness of in17 stitutional and legal policies in addressing such crimes and

18 protecting victims. The Attorney General may utilize the

19 Bureau of Justice Statistics, the National Institute of Jus20 tice, and the Office for Victims of Crime in carrying out

21 this section.

22 (b) REPORT.—Based on the study required by sub23 section (a), the Attorney General shall prepare a report

24 including an analysis of—
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1 (1) the number of reported allegations and esti2 mated number of unreported allegations of campus

3 sexual assaults, and to whom the allegations are re4 ported (including authorities of the educational insti5 tution, sexual assault victim service entities, and

6 local criminal authorities);

7 (2) the number of campus sexual assault allega8 tions reported to authorities of educational institu9 tions which are reported to criminal authorities;

10 (3) the number of campus sexual assault allega11 tions that result in criminal prosecution in compari12 son with the number of noncampus sexual assault

13 allegations that result in criminal prosecution;

14 (4) Federal and State laws or regulations per15 taining specifically to campus sexual assaults;

16 (5) the adequacy of policies and practices of

17 educational institutions in addressing campus sexual

18 assaults and protecting victims, including consider19 ation of—

20 (A) the security measures in effect at edu21 cational institutions, such as utilization of cam22 pus police and security guards, control over ac23 cess to grounds and buildings, supervision of

24 student activities and student living arrange25 ments, control over the consumption of alcohol
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1 by students, lighting, and the availability of

2 escort services;

3 (B) the articulation and communication to

4 students of the institution’s policies concerning

5 sexual assaults;

6 (C) policies and practices that may prevent

7 or discourage the reporting of campus sexual

8 assaults to local criminal authorities, or that

9 may otherwise obstruct justice or interfere with

10 the prosecution of perpetrators of campus sex11 ual assaults;

12 (D) the nature and availability of victim

13 services for victims of campus sexual assaults;

14 (E) the ability of educational institutions’

15 disciplinary processes to address allegations of

16 sexual assault adequately and fairly;

17 (F) measures that are taken to ensure that

18 victims are free of unwanted contact with al19 leged assailants, and disciplinary sanctions that

20 are imposed when a sexual assault is deter21 mined to have occurred; and

22 (G) the grounds on which educational in23 stitutions are subject to lawsuits based on cam24 pus sexual assaults, the resolution of these
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1 cases, and measures that can be taken to avoid

2 the likelihood of lawsuits;

3 (6) an assessment of the policies and practices

4 of educational institutions that are most effective in

5 addressing campus sexual assaults and protecting

6 victims, including policies and practices relating to

7 the particular issues described in paragraph (5); and

8 (7) any recommendations the Attorney General

9 may have for reforms to address campus sexual as10 saults and protect victims more effectively, and any

11 other matters that the Attorney General deems rel12 evant to the subject of the study and report required

13 by this section.

14 (c) SUBMISSION OF REPORT.—The report required

15 by subsection (b) shall be submitted to the Committees

16 on Education and Labor and the Judiciary of the House

17 of Representatives and the Committees on Labor and

18 Human Resources and the Judiciary of the Senate not

19 later than September 1, 1995.

20 (d) DEFINITION.—For purposes of this subtitle,

21 ‘‘campus sexual assaults’’ means sexual assaults commit22 ted against or by students or employees of institutions of

23 postsecondary education and occurring at such institu24 tions or during activities connected with such institutions.
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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated $200,000 to carry out the

3 study required by this section.

4 Subtitle B—Safe Homes for Women

5 SEC. 1621. SHORT TITLE.

6 This subtitle may be cited as the ‘‘Safe Homes for

7 Women Act’’.

8 SEC. 1622. INTERSTATE ENFORCEMENT.

9 (a) IN GENERAL.—Part I of title 18, United States

10 Code, is amended by inserting after chapter 110 the fol11 lowing new chapter:

12 ‘‘CHAPTER 110A—DOMESTIC VIOLENCE

‘‘Sec. 2261. Interstate domestic violence.

‘‘Sec. 2262. Violation of protection order.

‘‘Sec. 2263. Pretrial release of defendant.

‘‘Sec. 2264. Restitution.

‘‘Sec. 2265. Full faith and credit given to protection orders.

‘‘Sec. 2266. Definitions for chapter.

13 ‘‘§ 2261. Interstate domestic violence

14 ‘‘(a) Whoever travels across a State line or enters or

15 leaves Indian country with the intent to contact that per16 son’s spouse or intimate partner, and in the course of that

17 contact intentionally commits a crime of violence and

18 thereby causes bodily injury to such spouse or intimate

19 partner, shall be punished as provided in subsection (b)

20 of this section.

21 ‘‘(b) The punishment for a violation of subsection (a)

22 of this section is a fine under this title, or imprisonment—
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1 ‘‘(1) for life or any term of years, if the of2 fender murders the victim;

3 ‘‘(2) for not more than 20 years, if the offender

4 causes serious bodily injury to the victim;

5 ‘‘(3) for not more than 10 years, if the offender

6 uses a dangerous weapon during the offense;

7 ‘‘(4) as provided for the applicable conduct

8 under chapter 109A, if the offense constitutes sexual

9 abuse, as described under chapter 109A (without re10 gard to whether the offense was committed in the

11 special maritime and territorial jurisdiction of the

12 United States or in a Federal prison); and

13 ‘‘(5) for not more than 5 years, in any other

14 case;

15 or both such fine and imprisonment.

16 ‘‘§ 2262. Violation of protection order

17 ‘‘(a) Whoever travels across a State line or enters or

18 leaves Indian country with the intent to engage in conduct

19 that—

20 ‘‘(1)(A) violates a protection order, any portion

21 of which involves protection against credible threats

22 of violence, repeated harassment, or bodily injury, to

23 the person or persons for whom the protection order

24 was issued, and—
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1 ‘‘(B) violates that portion of such protection

2 order; or

3 ‘‘(2) would violate paragraph (1) of this sub4 section if the conduct occurred in the jurisdiction in

5 which such order was issued;

6 and does engage in such conduct shall be punished as pro7 vided in subsection (b) of this section.

8 ‘‘(b) The punishment for a violation of subsection (a)

9 of this section is a fine under this title, or imprisonment—

10 ‘‘(1) for life or any term of years, if the of11 fender murders the victim;

12 ‘‘(2) for not more than 20 years, if the offender

13 causes serious bodily injury to the victim;

14 ‘‘(3) for not more than 10 years, if the offender

15 uses a dangerous weapon during the offense;

16 ‘‘(4) as provided for the applicable conduct

17 under chapter 109A, if the offense constitutes sexual

18 abuse, as described under chapter 109A (without re19 gard to whether the offense was committed in the

20 special maritime and territorial jurisdiction of the

21 United States or in a Federal prison); and

22 ‘‘(5) for not more than 5 years, in any other

23 case;

24 or both such fine and imprisonment.
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1 ‘‘§ 2263. Pretrial release of defendant

2 ‘‘In any proceeding pursuant to section 3142 of this

3 title for the purpose of determining whether a defendant

4 charged under this chapter shall be released pending trial,

5 or for the purpose of determining conditions of such re6 lease, the alleged victim shall be given an opportunity to

7 be heard regarding the danger posed by the defendant.

8 ‘‘§ 2264. Restitution

9 ‘‘(a) IN GENERAL.—In addition to any fine or term

10 of imprisonment provided under this chapter, and notwith11 standing the terms of section 3663 of this title, the court

12 shall order restitution to the victim of an offense under

13 this chapter.

14 ‘‘(b) SCOPE AND NATURE OF ORDER.—

15 ‘‘(1) IN GENERAL.—The order of restitution

16 under this section shall direct that—

17 ‘‘(A) the defendant pay to the victim the

18 full amount of the victim’s losses as determined

19 by the court, pursuant to paragraph (3) of this

20 subsection; and

21 ‘‘(B) the United States Attorney enforce

22 the restitution order by all available and reason23 able means.

24 ‘‘(2) DEFINITION.—As used in this subsection,

25 the term ‘full amount of the victim’s losses’ includes

26 any costs incurred by the victim for—
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1 ‘‘(A) medical services relating to physical,

2 psychiatric, or psychological care;

3 ‘‘(B) physical and occupational therapy or

4 rehabilitation;

5 ‘‘(C) lost income;

6 ‘‘(D) attorneys’ fees, plus any costs in7 curred in obtaining a civil protection order;

8 ‘‘(E) temporary housing;

9 ‘‘(F) transportation;

10 ‘‘(G) necessary child care;

11 ‘‘(H) language translation services; and

12 ‘‘(I) any other losses suffered by the victim

13 as a proximate result of the offense.

14 ‘‘(3) MANDATORY NATURE OF ORDER.—(A)

15 Restitution orders under this section are mandatory.

16 A court may not decline to issue an order under this

17 section because of—

18 ‘‘(i) the economic circumstances of the de19 fendant; or

20 ‘‘(ii) the fact that a victim has, or is enti21 tled to, receive compensation for his or her inju22 ries from the proceeds of insurance or any other

23 source.

24 ‘‘(B) Subparagraph (A) of this paragraph does

25 not apply if—
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1 ‘‘(i) the court finds on the record that the

2 economic circumstances of the defendant do not

3 allow for the payment of any amount of a res4 titution order, and do not allow for the payment

5 of any amount of a restitution order in the fore6 seeable future (under any reasonable schedule

7 of payments); and

8 ‘‘(ii) the court enters in its order the

9 amount of the victim’s losses, and provides a

10 nominal restitution award.

11 ‘‘(4) CONSIDERATION OF ECONOMIC CIR12 CUMSTANCES.—

13 ‘‘(A) IN GENERAL.—Notwithstanding para14 graph (3) of this subsection, the court may take

15 into account the economic circumstances of the

16 defendant in determining the manner in which

17 and the schedule according to which the restitu18 tion is to be paid, including—

19 ‘‘(i) the financial resources and other

20 assets of the defendant;

21 ‘‘(ii) projected earnings, earning ca22 pacity, and other income of the defendant;

23 and
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1 ‘‘(iii) any financial obligations of the

2 offender, including obligations to depend3 ents.

4 ‘‘(B) LUMP-SUM OR PARTIAL PAYMENT.—

5 An order under this section may direct the de6 fendant to make a single lump-sum payment, or

7 partial payments at specified intervals. The

8 order shall provide that the defendant’s

9 restitutionary obligation takes priority over any

10 criminal fine ordered.

11 ‘‘(5) SETOFF.—Any amount paid to a victim

12 under this section shall be setoff against any amount

13 later recovered as compensatory damages by the vic14 tim from the defendant in—

15 ‘‘(A) any Federal civil proceeding; and

16 ‘‘(B) any State civil proceeding, to the ex17 tent provided by the law of the State.

18 ‘‘(c) PROOF OF CLAIM.—

19 ‘‘(1) IN GENERAL.—Within 60 days after con20 viction and, in any event, no later than 10 days be21 fore sentencing, the United States Attorney (or such

22 Attorney’s delegate), after consulting with the vic23 tim, shall prepare and file an affidavit with the court

24 listing the amounts subject to restitution under this

25 section. The affidavit shall be signed by the United
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1 States Attorney (or the delegate) and the victim.

2 Should the victim object to any of the information

3 included in the affidavit, the United States Attorney

4 (or the delegate) shall advise the victim that the vic5 tim may file a separate affidavit and assist the vic6 tim in the preparation of that affidavit.

7 ‘‘(2) OBJECTIONS.—If, after notifying the de8 fendant of the affidavit, no objection is raised by the

9 defendant, the amounts attested to in the affidavit

10 filed pursuant to paragraph (1) of this subsection

11 shall be entered in the court’s restitution order. If

12 objection is raised, the court may require the victim

13 or the United States Attorney (or such Attorney’s

14 delegate) to submit further affidavits or other sup15 porting documents, demonstrating the victim’s

16 losses.

17 ‘‘(3) ADDITIONAL DOCUMENTATION OR TESTI18 MONY.—If the court concludes, after reviewing the

19 supporting documentation and considering the de20 fendant’s objections, that there is a substantial rea21 son for doubting the authenticity or veracity of the

22 records submitted, the court may require additional

23 documentation or hear testimony on those questions.

24 The privacy of any records filed, or testimony heard,
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1 pursuant to this section, shall be maintained to the

2 greatest extent possible.

3 ‘‘(4) FINAL DETERMINATION OF LOSSES.—In

4 the event that the victim’s losses are not ascertain5 able 10 days before sentencing as provided in para6 graph (1) of this subsection, the United States At7 torney (or such Attorney’s delegate) shall so inform

8 the court, and the court shall set a date for the final

9 determination of the victims’s losses, not to exceed

10 90 days after sentencing. If the victim subsequently

11 discovers further losses, the victim shall have 90

12 days after discovery of those losses in which to peti13 tion the court for an amended restitution order.

14 Such order may be granted only upon a showing of

15 good cause for the failure to include such losses in

16 the initial claim for restitutionary relief.

17 ‘‘(d) RESTITUTION AND CRIMINAL PENALTIES.—An

18 award of restitution to the victim of an offense under this

19 chapter is not a substitute for imposition of punishment

20 under this chapter.

21 ‘‘§ 2265. Full faith and credit given to protection or22 ders

23 ‘‘(a) FULL FAITH AND CREDIT.—Any protection

24 order issued that is consistent with subsection (b) of this

25 section by the court of one State or Indian tribe (the issu-
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1 ing State or Indian tribe) shall be accorded full faith and

2 credit by the court of another State or Indian tribe (the

3 enforcing State or Indian tribe) and enforced as if it were

4 the order of the enforcing State or tribe.

5 ‘‘(b) PROTECTION ORDER.—A protection order is6 sued by a State or tribal court is consistent with this sub7 section if—

8 ‘‘(1) such court has jurisdiction over the parties

9 and matter under the law of such State or Indian

10 tribe; and

11 ‘‘(2) reasonable notice and opportunity to be

12 heard is given to the person against whom the order

13 is sought sufficient to protect that person’s right to

14 due process. In the case of ex parte orders, notice

15 and opportunity to be heard must be provided within

16 the time required by State or tribal law, and in any

17 event within a reasonable time after the order is

18 issued, sufficient to protect the respondent’s due

19 process rights.

20 ‘‘(c) CROSS OR COUNTER PETITION.—A protection

21 order issued by a State or tribal court against one who

22 has petitioned, filed a complaint, or otherwise filed a writ23 ten pleading for protection against abuse by a spouse or

24 intimate partner is not entitled to full faith and credit if—
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1 ‘‘(1) no cross or counter petition, complaint, or

2 other written pleading was filed seeking such a pro3 tection order; or

4 ‘‘(2) a cross or counter petition has been filed

5 and the court did not make specific findings that

6 each party was entitled to such an order.

7 ‘‘§ 2266. Definitions for chapter

8 ‘‘As used in this chapter—

9 ‘‘(1) the term ‘spouse or intimate partner’ in10 cludes—

11 ‘‘(A) a spouse, a former spouse, a person

12 who shares a child in common with the abuser,

13 a person who cohabits or has cohabited with the

14 abuser as a spouse, and any other person simi15 larly situated to a spouse; and

16 ‘‘(B) any other person, other than a minor

17 child, who is protected by the domestic or fam18 ily violence laws of the State in which the injury

19 occurred or where the victim resides;

20 ‘‘(2) the term ‘protection order’ includes any in21 junction or other order issued for the purpose of

22 preventing violent or threatening acts by one spouse

23 against his or her spouse, former spouse, or intimate

24 partner, including temporary and final orders issued

25 by civil and criminal courts (other than support or
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1 child custody orders) whether obtained by filing an

2 independent action or as a pendente lite order in an3 other proceeding so long as any civil order was is4 sued in response to a complaint, petition or motion

5 filed by or on behalf of an abused spouse or intimate

6 partner;

7 ‘‘(3) the term ‘State’ includes a State of the

8 United States, the District of Columbia, a common9 wealth, territory, or possession of the United States;

10 ‘‘(4) the term ‘travel across State lines’ does

11 not include travel across State lines by an individual

12 who is a member of an Indian tribe when such indi13 vidual remains at all times in the territory of the In14 dian tribe of which the individual is a member;

15 ‘‘(5) the term ‘bodily harm’ means any act, ex16 cept one done in self-defense, that results in physical

17 injury or sexual abuse; and

18 ‘‘(6) the term ‘Indian country’ has the meaning

19 given to such term by section 1151 of this title.’’.

20 (b) TABLE OF CHAPTERS.—The table of chapters at

21 the beginning part 1 of title 18, United States Code, is

22 amended by inserting after the item for chapter 110 the

23 following new item:

‘‘110A. Violence against spouses .................................................. 2261.’’.
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1 SEC. 1623. ENCOURAGING ARREST POLICIES.

2 (a) IN GENERAL.—Title I of the Omnibus Crime

3 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

4 et seq.), as amended by section 1606, is further amended

5 by—

6 (1) redesignating part S as part T;

7 (2) redesignating section 1901 as section 2001;

8 and

9 (3) adding after part R the following new part:

10 ‘‘PART S—GRANTS TO ENCOURAGE ARREST

11 POLICIES

12 ‘‘SEC. 1901. ARREST POLICIES.

13 ‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of

14 this part is to encourage States, Indian tribes, and units

15 of local government to treat domestic violence as a serious

16 violation of criminal law. The Director of the Bureau of

17 Justice Assistance may make grants to eligible States, In18 dian tribes, or units of local government for the following:

19 ‘‘(1) To implement mandatory arrest or

20 proarrest programs, including mandatory arrest pro21 grams for protective order violations.

22 ‘‘(2) To develop policies, and training in police

23 departments to improve tracking of cases involving

24 domestic violence.

25 ‘‘(3) To centralize and coordinate police en26 forcement, prosecution, or judicial responsibility for
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1 domestic violence cases in groups or units of police

2 officers, prosecutors, or judges.

3 ‘‘(4) To strengthen legal advocacy service pro4 grams for victims of domestic violence.

5 ‘‘(5) To educate judges in criminal and other

6 courts about domestic violence and to improve judi7 cial handling of such cases.

8 ‘‘(b) ELIGIBILITY.—Eligible grantees are States, In9 dian tribes, or units of local government that—

10 ‘‘(1) certify that their laws or official policies—

11 ‘‘(A)(i) encourage or mandate arrest of do12 mestic violence offenders based on probable

13 cause that violence has been committed; or

14 ‘‘(ii) certify that all their law enforcement

15 personnel have received domestic violence train16 ing conducted by a State Domestic Violence Co17 alition as defined in section 10410(b) of title

18 42, United States Code; and

19 ‘‘(B) mandate arrest of domestic violence

20 offenders who violate the terms of a valid and

21 outstanding protection order;

22 ‘‘(2) demonstrate that their laws, policies, or

23 practices, and training programs discourage dual ar24 rests of offender and victim;
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1 ‘‘(3) certify that their laws, policies, and prac2 tices prohibit issuance of mutual restraining orders

3 of protection except in cases where both spouses file

4 a claim and the court makes detailed finding of fact

5 indicating that both spouses acted primarily as ag6 gressors and that neither spouse acted primarily in

7 self-defense;

8 ‘‘(4) certify that their laws, policies, and prac9 tices do not require, in connection with the prosecu10 tion of any misdemeanor or felony domestic violence

11 offense, that the abused bear the costs associated

12 with the filing of criminal charges or the service of

13 such charges on an abuser, or that the abused bear

14 the costs associated with the issuance or service of

15 a warrant, protection order, or witness subpoena;

16 and

17 ‘‘(5) certify that their laws and policies treat

18 sex offenses committed by offenders who are known

19 to, cohabitants of, or social companions of or related

20 by blood or marriage to, the victim no less severely

21 than sex offenses committed by offenders who are

22 strangers to the victim.

23 ‘‘SEC. 1902. APPLICATIONS.

24 ‘‘(a) APPLICATION.—An eligible grantee shall submit

25 an application to the Director that shall—
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1 ‘‘(1) describe plans to implement policies de2 scribed in subsection (b);

3 ‘‘(2) identify the agency or office or groups of

4 agencies or offices responsible for carrying out the

5 program; and

6 ‘‘(3) include documentation from nonprofit, pri7 vate sexual assault and domestic violence programs

8 demonstrating their participation in developing the

9 application, and identifying such programs in which

10 such groups will be consulted for development and

11 implementation.

12 ‘‘(b) PRIORITY.—In awarding grants under this part,

13 the Director shall give priority to an applicant that—

14 ‘‘(1) does not currently provide for centralized

15 handling of cases involving domestic violence by pol16 icy, prosecutors, and courts; and

17 ‘‘(2) demonstrates a commitment to strong en18 forcement of laws, and prosecution of cases, involv19 ing domestic violence.

20 ‘‘SEC. 1903. REPORTS.

21 ‘‘Each grantee receiving funds under this part shall

22 submit a report to the Director evaluating the effective23 ness of projects developed with funds provided under this

24 part and containing such additional information as the

25 Director may prescribe.
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1 ‘‘SEC. 1904. DEFINITIONS.

2 ‘‘For purposes of this part—

3 ‘‘(1) the term ‘domestic violence’ means a crime

4 of violence against a victim committed by a current

5 or former spouse of the victim, an individual with

6 whom the victim shares a child in common, an indi7 vidual who cohabits with or has cohabited with the

8 victim as a spouse, or any other individual similarly

9 situated to a spouse, or any other person who is pro10 tected under the domestic or family violence laws of

11 the eligible State, Indian tribe, municipality, or local

12 government entity.

13 ‘‘(2) the term ‘protection order’ includes any in14 junction issued for the purpose of preventing violent

15 or threatening acts of domestic violence including

16 temporary and final orders issued by civil and crimi17 nal courts (other than support or child custody pro18 visions) whether obtained by filing an independent

19 action or as a pendente lite order in another pro20 ceeding.’’.

21 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

22 1001(a) of title I of the Omnibus Crime Control and Safe

23 Streets Act of 1968 (42 U.S.C. 3793), is amended by add24 ing after paragraph (12), as added by section 1602 of this

25 Act, the following:
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1 ‘‘(13) There are authorized to be appropriated

2 $25,000,000 for each of the fiscal years 1994, 1995, and

3 1996 to carry out the purposes of part S.’’.

4 (c) ADMINISTRATIVE PROVISIONS.—(1) Section

5 801(b) of title I of the Omnibus Crime Control and Safe

6 Streets Act of 1968, as amended by section 121 of this

7 Act, is amended by striking ‘‘O, Q, and R’’ and inserting

8 ‘‘O, Q, R, and S’’; and

9 (2) Section 802(b) of title I of the Omnibus Crime

10 Control and Safe Streets Act of 1968, as amended by sec11 tion 1606 of this Act, is amended by striking ‘‘O, Q, or

12 R’’ and inserting ‘‘O, Q, R, or S’’.

13 (d) EFFECTIVE DATE.—The eligibility requirements

14 provided in this section shall take effect 1 year after the

15 date of enactment of this subtitle.

16 (e) CONFORMING AMENDMENT.—The table of con17 tents of title I of the Omnibus Crime Control and Safe

18 Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended

19 by section 1606, is further amended by striking the matter

20 relating to part S and inserting the following:

‘‘PART S—GRANTS TO ENCOURAGE ARREST POLICIES

‘‘Sec. 1901. Arrest policies.

‘‘Sec. 1902. Applications.

‘‘Sec. 1903. Reports.

‘‘Sec. 1904. Definitions.

‘‘PART T—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2001. Continuation of rules, authorities, and proceedings.’’.
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1 Subtitle C—Domestic Violence

2 SEC. 1624. FINDINGS.

3 The Congress finds that—

4 (1) domestic violence is the leading cause of in5 jury to women in the United States between the

6 ages of 15 and 44;

7 (2) firearms are used by the abuser in 7 per8 cent of domestic violence incidents and produces an

9 adverse effect on interstate commerce; and

10 (3) individuals with a history of domestic abuse

11 should not have easy access to firearms.

12 SEC. 1625. PROHIBITION AGAINST DISPOSAL OF FIREARMS

13 TO, OR RECEIPT OF FIREARMS BY, PERSONS

14 WHO HAVE COMMITTED DOMESTIC ABUSE.

15 (a) INTIMATE PARTNER DEFINED.—Section 921(a)

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

17 at the end the following:

18 ‘‘(29) The term ‘intimate partner’ means, with re19 spect to a person, the spouse of the person, a former

20 spouse of the person, an individual who is a parent of a

21 child of the person, and an individual who cohabitates or

22 has cohabited with the person.’’.

23 (b) PROHIBITION AGAINST DISPOSAL OF FIRE24 ARMS.—Section 922(d) of such title is amended—
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1 (1) by striking ‘‘or’’ at the end of paragraph

2 (6);

3 (2) by striking the period at the end of para4 graph (7) and inserting ‘‘; or’’; and

5 (3) by inserting after paragraph (7) the follow6 ing:

7 ‘‘(8) is subject to a court order that restrains

8 such person from harassing, stalking, or threatening

9 an intimate partner of such person, or engaging in

10 other conduct that would place an intimate partner

11 in reasonable fear of bodily injury, except that this

12 paragraph shall only apply to a court order that (A)

13 was issued after a hearing of which such person re14 ceived actual notice, and at which such person had

15 the opportunity to participate, and (B) includes a

16 finding that such person represents a credible threat

17 to the physical safety of such intimate partner.’’.

18 (c) PROHIBITION AGAINST RECEIPT OF FIRE19 ARMS.—Section 922(g) of such title is amended—

20 (1) by striking ‘‘or’’ at the end of paragraph

21 (6);

22 (2) by inserting ‘‘or’’ at the end of paragraph

23 (7); and

24 (3) by inserting after paragraph (7) the follow25 ing:
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1 ‘‘(8) who is subject to a court order that—

2 ‘‘(A) was issued after a hearing of which

3 such person received actual or constructive no4 tice, and at which such person had an oppor5 tunity to participate;

6 ‘‘(B) restrains such person from harassing,

7 stalking, or threatening an intimate partner of

8 such person, or engaging in other conduct that

9 would place an intimate partner in reasonable

10 fear of bodily injury; and

11 ‘‘(C) includes a finding that such person

12 represents a credible threat to the physical

13 safety of such intimate partner,’’.

14 (d) STORAGE OF FIREARMS.—Section 926(a) of such

15 title is amended—

16 (1) by striking ‘‘and’’ at the end of paragraph

17 (1);

18 (2) by striking the period at the end of para19 graph (2) and inserting ‘‘; and’’; and

20 (3) by inserting after paragraph (2) the follow21 ing:

22 ‘‘(3) regulations providing for effective receipt

23 and secure storage of firearms relinquished by or

24 seized from persons described in subsection (d)(8) or

25 (g)(8) of section 922.’’.
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1 (e) RETURN OF FIREARMS.—Section 924(d)(1) of

2 such title is amended by striking ‘‘the seized’’ and insert3 ing ‘‘or lapse of or court termination of the restraining

4 order to which he is subject, the seized or relinquished’’.

5 SEC. 1626. ALIEN SPOUSE PETITIONING RIGHTS FOR IMME6 DIATE RELATIVE OR SECOND PREFERENCE

7 STATUS.

8 (a) IN GENERAL.—Section 204(a)(1) of the Immi9 gration and Nationality Act (8 U.S.C. 1154(a)(1)) is

10 amended—

11 (1) in subparagraph (A)—

12 (A) by inserting ‘‘(i)’’ after ‘‘(A)’’,

13 (B) by redesignating the second sentence

14 as clause (ii), and

15 (C) by adding at the end the following new

16 clause:

17 ‘‘(iii) An alien who is the spouse of a citizen of the

18 United States, who is eligible to be classified as an imme19 diate relative under section 201(b)(2)(A)(i), and who has

20 resided in the United States with the alien’s spouse may

21 file a petition with the Attorney General under this sub22 paragraph for classification of the alien (and children of

23 the alien) under such section if the alien demonstrates to

24 the Attorney General that—
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1 ‘‘(I) the alien is residing in the United States,

2 the marriage between the alien and the spouse was

3 entered into in good faith by the alien, and during

4 the marriage the alien or a child of the alien has

5 been battered by or has been the subject of extreme

6 cruelty perpetrated by the alien’s spouse, or

7 ‘‘(II) the alien is residing in the United States

8 with the alien’s spouse, the alien has been married

9 to and residing with the spouse for a period of not

10 less than 3 years, and the alien’s spouse has failed

11 to file a petition under clause (i) on behalf of the

12 alien.’’; and

13 (2) in subparagraph (B)—

14 (A) by inserting ‘‘(i)’’ after ‘‘(B)’’, and

15 (B) by adding at the end the following new

16 clause:

17 ‘‘(ii) An alien who is the spouse of an alien lawfully

18 admitted for permanent residence, who is eligible for clas19 sification under section 203(a)(2)(A), and who has resided

20 in the United States with the alien’s legal permanent resi21 dent spouse may file a petition with the Attorney General

22 under this subparagraph for classification of the alien

23 (and children of the alien) under such section if the alien

24 demonstrates to the Attorney General that the conditions
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1 described in subclause (I) or (II) of subparagraph (A)(iii)

2 are met with respect to the alien.’’.

3 (b) CONFORMING AMENDMENTS.—(1) Section

4 204(a)(2) of such Act (8 U.S.C. 1154(a)(2)) is amended—

5 (A) in subparagraph (A), by striking ‘‘filed by

6 an alien who,’’ and inserting ‘‘for the classification

7 of the spouse of an alien if the alien,’’, and

8 (B) in subparagraph (B), by striking ‘‘by an

9 alien whose prior marriage’’ and inserting ‘‘for the

10 classification of the spouse of an alien if the prior

11 marriage of the alien’’.

12 (2) Section 201(b)(2)(A)(i) of such Act (8 U.S.C.

13 1151(b)(2)(A)(i)) is amended by striking ‘‘204(a)(1)(A)’’

14 and inserting ‘‘204(a)(1)(A)(ii)’’.

15 (c) SURVIVAL RIGHTS TO PETITION.— Section 204

16 of the Immigration and Nationality Act (8 U.S.C. 1154)

17 is amended by adding at the end the following new sub18 section:

19 ‘‘(h) The legal termination of a marriage may not be

20 the basis for revocation under section 205 of a petition

21 filed under subsection (a)(1)(A)(iii)(I) or a petition filed

22 under subsection (a)(1)(B)(ii) pursuant to conditions de23 scribed in subsection (a)(1)(A)(iii)(I).’’.

24 (d) EFFECTIVE DATE.—The amendments made by

25 this section shall take effect January 1, 1994.
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1 SEC. 1627. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIV2 ER APPLICATIONS.

3 (a) IN GENERAL.—Section 216(c)(4) of the Immigra4 tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend5 ed by inserting after the second sentence the following:

6 ‘‘In acting on applications under this paragraph, the At7 torney General shall consider any credible evidence sub8 mitted in support of the application (whether or not the

9 evidence is supported by an evaluation of a licensed mental

10 health professional). The determination of what evidence

11 is credible and the weight to be given that evidence shall

12 be within the sole discretion of the Attorney General.’’.

13 (b) EFFECTIVE DATE.—The amendment made by

14 subsection (a) shall take effect on the date of the enact15 ment of this Act and shall apply to applications made be16 fore, on, or after such date.

17 SEC. 1628. SUSPENSION OF DEPORTATION.

18 Section 244(a) of the Immigration and Nationality

19 Act (8 U.S.C. 1254(a)) is amended—

20 (1) at the end of paragraph (1) by striking

21 ‘‘or’’;

22 (2) at the end of paragraph (2) by striking the

23 period and inserting ‘‘; or’’; and

24 (3) by inserting after paragraph (2) the follow25 ing:
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1 ‘‘(3) is deportable under any law of the United

2 States except section 241(a)(1)(G) and the provi3 sions specified in paragraph (2); is physically

4 present in the United States; has been battered or

5 subjected to extreme cruelty in the United States by

6 a spouse or parent who is a United States citizen or

7 lawful permanent resident; and proves that during

8 all of such time in the United States the alien was

9 and is a person of good moral character; and is a

10 person whose deportation would, in the opinion of

11 the Attorney General, result in extreme hardship to

12 the alien or the alien’s parent or child.’’.

13 Subtitle D—Miscellaneous

14 Provisions

15 SEC. 1641. REPORT ON CONFIDENTIALITY OF ADDRESSES

16 FOR VICTIMS OF DOMESTIC VIOLENCE.

17 (a) REPORT.—The Attorney General shall conduct a

18 study of the means by which abusive spouses may obtain

19 information concerning the addresses or locations of es20 tranged or former spouses, notwithstanding the desire of

21 the victims to have such information withheld to avoid fur22 ther exposure to abuse. Based on the study, the Attorney

23 General shall transmit a report to Congress including—

24 (1) the findings of the study concerning the

25 means by which information concerning the address-
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1 es or locations of abused spouses may be obtained

2 by abusers; and

3 (2) analysis of the feasibility of creating effec4 tive means of protecting the confidentiality of infor5 mation concerning the addresses and locations of

6 abused spouses to protect such persons from expo7 sure to further abuse while preserving access to such

8 information for legitimate purposes.

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

10 may use the National Institute of Justice and the Office

11 for Victims of Crime in carrying out this section.

12 SEC. 1642. REPORT ON RECORDKEEPING RELATING TO DO13 MESTIC VIOLENCE.

14 Not later than 1 year after the date of enactment

15 of this Act, the Attorney General shall complete a study

16 of, and shall submit to Congress a report and rec17 ommendations on, problems of recordkeeping of criminal

18 complaints involving domestic violence. The study and re19 port shall examine—

20 (1) the efforts that have been made by the De21 partment of Justice, including the Federal Bureau

22 of Investigation, to collect statistics on domestic vio23 lence; and

24 (2) the feasibility of requiring that the relation25 ship between an offender and victim be reported in
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1 Federal records of crimes of aggravated assault,

2 rape, and other violent crimes.

3 SEC. 1643. ESTABLISHMENT OF TASK FORCE.

4 Not later than 30 days after the date of enactment

5 of this Act, the Attorney General shall establish a task

6 force to be known as the Attorney General’s Task Force

7 on Violence Against Women (referred to in this subtitle

8 as the ‘‘Task Force’’).

9 SEC. 1644. GENERAL PURPOSES OF TASK FORCE.

10 (a) GENERAL PURPOSE OF THE TASK FORCE.—The

11 Task Force shall review Federal, State, and local strate12 gies for preventing and punishing violent crimes against

13 women, including the enhancement and protection of the

14 rights of the victims of such crimes, and make rec15 ommendations to improve the response to such crimes.

16 (b) FUNCTIONS.—The Task Force shall perform such

17 functions as the Attorney General deems appropriate to

18 carry out the purposes of the Task Force, including—

19 (1) evaluating the adequacy of, and making rec20 ommendations regarding, current law enforcement

21 efforts at the Federal and State levels to reduce the

22 rate of violent crimes against women;

23 (2) evaluating the adequacy of, and making rec24 ommendations regarding, the responsiveness of State
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1 prosecutors and State courts to violent crimes

2 against women;

3 (3) evaluating the adequacy of State and Fed4 eral rules of evidence, practice, and procedure to en5 sure the effective prosecution and conviction of vio6 lent offenders against women and to protect victims

7 from abuse in legal proceedings, making rec8 ommendations, where necessary, to improve those

9 rules;

10 (4) evaluating the adequacy of pretrial release,

11 sentencing, incarceration, and post-conviction release

12 for crimes that predominantly affect women, such as

13 rape and domestic violence;

14 (5) evaluating the adequacy of, and making rec15 ommendations regarding, the adequacy of State and

16 Federal laws on sexual assault and the need for a

17 more uniform statutory response to sex offenses, in18 cluding sexual assaults and other sex offenses com19 mitted by offenders who are known or related by

20 blood or marriage to the victim;

21 (6) evaluating the adequacy of, and making rec22 ommendations regarding, the adequacy of State and

23 Federal laws on domestic violence and the need for

24 a more uniform statutory response to domestic

25 violence;
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1 (7) evaluating the adequacy of, and making rec2 ommendations regarding, the adequacy of current

3 education, prevention, and protection services for

4 women victims of violent crimes;

5 (8) assessing the issuance, formulation, and en6 forcement of protective orders, whether or not relat7 ed to a criminal proceeding, and making rec8 ommendations for their more effective use in domes9 tic violence and stalking cases;

10 (9) assessing the problem of stalking and per11 sistent menacing and recommending an effective

12 Federal response to the problem;

13 (10) evaluating the adequacy of, and making

14 recommendations regarding, the national public

15 awareness and the public dissemination of informa16 tion essential to the prevention of violent crimes

17 against women;

18 (11) evaluating the treatment of women as vic19 tims of violent crime in the State and Federal crimi20 nal justice system, and making recommendations to

21 improve such treatment; and

22 (12) assessing the problem of sexual exploi23 tation of women and youths through prostitution

24 and in the production of pornography, and rec-
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1 ommending effective means of response to the prob2 lem.

3 SEC. 1645. MEMBERSHIP.

4 (a) CHAIR; NUMBER AND APPOINTMENT.—The Task

5 Force shall be chaired by the Attorney General (or des6 ignee). Not later than 60 days after the date of the enact7 ment of this Act, after consultation with the Secretary of

8 Health and Human Services, the Secretary of Education,

9 and the Secretary of Housing and Urban Development,

10 the Attorney General shall select up to 14 other members

11 to serve on the Task Force.

12 (b) PARTICIPATION.—The Attorney General (or des13 ignee) shall select, without regard to political affiliation,

14 members who are specially qualified to serve on the Task

15 Force based on their involvement in efforts to combat vio16 lence against women, assistance or service to victims of

17 such violence, or other pertinent experience or expertise.

18 The Attorney General shall ensure that the Task Force

19 includes a broad base of participation by including mem20 bers with backgrounds in such areas as law enforcement,

21 victim services and advocacy, legal defense and prosecu22 tion, judicial administration, medical services, and coun23 seling.

24 (c) VACANCIES.—The Attorney General may fill any

25 vacancy that occurs on the Task Force.
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1 SEC. 1646. TASK FORCE OPERATIONS.

2 (a) MEETINGS.—The Task Force shall hold its first

3 meeting on a date specified by the Attorney General (or

4 designee), but shall not be later than 60 days after the

5 date of the enactment of this Act. After the initial meet6 ing, the Task Force shall meet at the call of the Attorney

7 General (or designee), but shall meet at least 6 times.

8 (b) PAY.—Members of the Task Force who are offi9 cers or employees or elected officials of a government en10 tity shall receive no additional compensation by reason of

11 their service on the Task Force.

12 (c) PER DIEM.—Except as provided in subsection

13 (b), members of the Task Force shall be allowed travel

14 and other expenses including per diem in lieu of subsist15 ence, at rates authorized for employees of agencies under

16 sections 5702 and 5703 of title 5, United States Code.

17 SEC. 1647. REPORTS.

18 (a) IN GENERAL.—Not later than 1 year after the

19 date on which the Task Force is fully constituted under

20 section 1645, the Task Force shall prepare and submit

21 a final report to the President and to congressional com22 mittees that have jurisdiction over legislation addressing

23 violent crimes against women, including the crimes of

24 domestic and sexual assault.

25 (b) CONTENTS.—The final report submitted under

26 paragraph (1) shall contain a detailed statement of the
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1 activities of the Task Force and of the findings and con2 clusions of the Task Force, including such recommenda3 tions for legislation and administrative action as the Task

4 Force considers appropriate.

5 SEC. 1648. EXECUTIVE DIRECTOR AND STAFF.

6 (a) EXECUTIVE DIRECTOR.—

7 (1) APPOINTMENT.—The Task Force shall have

8 an Executive Director who shall be appointed by the

9 Attorney General (or designee), with the approval of

10 the Task Force.

11 (2) COMPENSATION.—The Executive Director

12 shall be compensated at a rate not to exceed the

13 maximum rate of the basic pay payable for a posi14 tion above GS–15 of the General Schedule contained

15 in title 5, United States Code.

16 (b) STAFF.—With the approval of the Task Force,

17 the Executive Director may appoint and fix the compensa18 tion of such additional personnel as the Executive Director

19 considers necessary to carry out the duties of the Task

20 Force.

21 (c) APPLICABILITY OF CIVIL SERVICE LAWS.—The

22 Executive Director and the additional personnel of the

23 Task Force appointed under subsection (b) may be ap24 pointed without regard to the provisions of title 5, United

25 States Code, governing appointments in the competitive
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1 service, and may be paid without regard to the provisions

2 of chapter 51 and subchapter III of chapter 53 of such

3 title relating to classification and General Schedule pay

4 rates.

5 (d) CONSULTANTS.—Subject to such rules as may be

6 prescribed by the Task Force, the Executive Director may

7 procure temporary or intermittent services under section

8 3109(b) of title 5, United States Code, at rates for individ9 uals not to exceed $200 per day.

10 SEC. 1649. POWERS OF TASK FORCE.

11 (a) HEARINGS.—For the purposes of carrying out

12 this subtitle, the Task Force may conduct such hearings,

13 sit and act at such times and places, take such testimony,

14 and receive such evidence, as the Task Force considers

15 appropriate. The Task Force may administer oaths for

16 testimony before the Task Force.

17 (b) DELEGATION.—Any member or employee of the

18 Task Force may, if authorized by the Task Force, take

19 any action that the Task Force is authorized to take under

20 this subtitle.

21 (c) ACCESS TO INFORMATION.—The Task Force may

22 request directly from any executive department or agency

23 such information as may be necessary to enable the Task

24 Force to carry out this subtitle, on the request of the

25 Attorney General (or designee).
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1 (d) MAILS.—The Task Force may use the United

2 States mails in the same manner and under the same con3 ditions as other departments and agencies of the United

4 States.

5 SEC. 1650. AUTHORIZATION OF APPROPRIATIONS.

6 There is authorized to be appropriated to carry out

7 this subtitle $500,000 for fiscal year 1994.

8 SEC. 1651. TERMINATION.

9 The Task Force shall cease to exist 30 days after the

10 date on which its final report is submitted under section

11 1647.

12 SEC. 1652. PAYMENT OF COST OF STD TESTING FOR VIC13 TIMS IN SEX OFFENSE CASES.

14 Section 503(c)(7) of the Victims’ Rights and Restitu15 tion Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by

16 adding at the end the following: ‘‘The Attorney General

17 shall authorize the Director of the Office of Victims of

18 Crime to provide for the payment of the cost of up to two

19 tests of the victim for sexually transmitted diseases, in20 cluding, but not limited to gonorrhea, herpes, chlamydia,

21 syphilis, and HIV, during the 12 months following sexual

22 assaults that pose a risk of transmission, and the cost of

23 a counseling session by a medically trained professional

24 on the accuracy of such tests and the risk of transmission
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1 of sexually transmitted diseases to the victim as the result

2 of the assault.’’.

3 SEC. 1653. NATIONAL DOMESTIC VIOLENCE HOTLINE

4 GRANT.

5 (a) FINDINGS.—Congress finds that—

6 (1) 4,000,000 women are battered by their

7 partners each year, of which 4,000 die as a result

8 of such abuse;

9 (2) victims of domestic violence need access to

10 resources which will refer such victims and their

11 children to safe homes and shelters; and

12 (3) there is a need for a national domestic vio13 lence hotline to provide information and assistance

14 to victims of domestic violence because a privately

15 funded national domestic violence hotline which han16 dled more than 65,000 crisis calls annually no longer

17 exists.

18 (b) IN GENERAL.—The Attorney General, through

19 the Bureau of Justice Assistance, shall provide a grant

20 to a nonprofit private organization to establish and oper21 ate a national, toll-free telephone hotline to provide infor22 mation and assistance to victims of domestic violence. A

23 grant provided under this subsection may extend over a

24 period of not more than 3 fiscal years and the provision

25 of payments under such grant shall be subject to annual
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1 approval by the Attorney General and subject to the avail2 ability of appropriations for the fiscal year involved to

3 make the payments.

4 (c) APPLICATION.—

5 (1) IN GENERAL.—The Attorney General may

6 not provide a grant under subsection (b) unless an

7 application that meets the requirements of para8 graph (2) has been approved by the Attorney

9 General.

10 (2) REQUIREMENTS.—An application meets the

11 requirements of this paragraph if the application—

12 (A) contains such agreements, assurances,

13 and information, and is in such form and sub14 mitted in such manner as the Attorney General

15 shall prescribe through notice in the Federal

16 Register;

17 (B) demonstrates that the applicant has

18 nationally recognized expertise in the area of

19 domestic violence and a record of high quality

20 service to victims of domestic violence, including

21 support from advocacy groups, particularly

22 State coalitions and recognized national domes23 tic violence groups;

24 (C) demonstrates that the applicant has a

25 commitment to diversity, including the hiring of
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1 and provision of services to ethnic, racial, cul2 tural, and non-English speaking minorities, in

3 addition to older individuals and individuals

4 with disabilities;

5 (D) demonstrates that the applicant has

6 the ability to integrate the hotline into existing

7 services provided by the applicant to victims of

8 domestic violence;

9 (E) includes a complete description of the

10 applicant’s plan for the establishment and oper11 ation of the hotline, including a description of—

12 (i) the hiring criteria and training

13 program for hotline personnel;

14 (ii) the methods for the creation,

15 maintenance, and updating of a resource

16 database for the hotline;

17 (iii) a plan for providing service on a

18 24-hour-a-day basis to non-English speak19 ing callers, including hotline personnel who

20 speak Spanish;

21 (iv) a plan for access to the hotline by

22 individuals with hearing impairments; and

23 (v) a plan for publicizing the availabil24 ity of the hotline; and
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1 (F) contains such other information as the

2 Attorney General may require.

3 (d) SELECTION.—The Attorney General shall select

4 a nonprofit private organization to receive a grant under

5 subsection (b) which has been in existence for at least 5

6 years from the date of submission of the application by

7 the organization.

8 (e) USES.—A grant made under subsection (b) shall

9 be used to establish and operate a national, toll-free tele10 phone hotline to provide information and assistance to vic11 tims of domestic violence. In establishing and operating

12 the hotline, a nonprofit private organization shall—

13 (1) contract with a carrier for the use of a toll14 free telephone line;

15 (2) employ, train, and supervise personnel to

16 answer incoming calls and provide counseling and

17 referral services to callers on a 24-hour-a-day basis;

18 (3) establish, maintain, and update a database

19 of information relating to services for victims of do20 mestic violence, including information on the avail21 ability of shelters that serve battered women; and

22 (4) publicize the hotline to potential users

23 throughout the United States.

24 (f) AUTHORIZATION OF APPROPRIATIONS.—
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1 (1) IN GENERAL.—There is authorized to be

2 appropriated to carry out this section $1,000,000 for

3 each of the fiscal years 1994 through 1996.

4 (2) AVAILABILITY.—Funds authorized to be ap5 propriated under paragraph (1) shall remain avail6 able until expended.

7 SEC. 1654. GRANTS FOR COMMUNITY PROGRAMS ON DO8 MESTIC VIOLENCE.

9 (a) IN GENERAL.—Title I of the Omnibus Crime

10 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

11 et seq.), as amended by section 1623 of this Act, is

12 amended by—

13 (1) redesignating part T as part U;

14 (2) redesignating section 2001 as section 2101;

15 and

16 (3) adding after part S the following new part:

17 ‘‘PART T—GRANTS FOR COMMUNITY PROGRAMS

18 ON DOMESTIC VIOLENCE.

19 ‘‘SEC. 2001. GRANT AUTHORITY.

20 ‘‘The Director shall provide grants to establish

21 projects in local communities involving many sectors of

22 each community to coordinate intervention and prevention

23 of domestic violence.
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1 ‘‘SEC. 2002. APPLICATIONS.

2 ‘‘(a) IN GENERAL.—An organization that desires to

3 receive a grant under this section shall submit to the Di4 rector an application, in such form and in such manner

5 as the Director may reasonably require that—

6 ‘‘(1) demonstrates that the applicant will serve

7 a community leadership function, bringing together

8 opinion leaders from each sector of the community

9 to develop a coordinated community consensus op10 posing domestic violence;

11 ‘‘(2) demonstrates a community action compo12 nent to improve and expand current intervention and

13 prevention strategies through increased communica14 tion and coordination among all affected sectors;

15 ‘‘(3) includes a complete description of the ap16 plicant’s plan for the establishment and operation of

17 the community project, including a description of—

18 ‘‘(A) the method for identification and se19 lection of an administrative committee made up

20 of persons knowledgeable in domestic violence

21 to oversee the project, hire staff, assure compli22 ance with the project outline, and secure annual

23 evaluation of the project;

24 ‘‘(B) the method for identification and se25 lection of project staff and a project evaluator;
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1 ‘‘(C) the method for identification and se2 lection of a project council consisting of rep3 resentatives of the community sectors listed in

4 subsection (b)(2);

5 ‘‘(D) the method for identification and se6 lection of a steering committee consisting of

7 representatives of the various community sec8 tors who will chair subcommittees of the project

9 council focusing on each of the sectors; and

10 ‘‘(E) a plan for developing outreach and

11 public education campaigns regarding domestic

12 violence; and

13 ‘‘(4) contains such other information, agree14 ments, and assurances as the Director may require.

15 ‘‘(b) ELIGIBILITY.—To be eligible for a grant under

16 this section, such application shall include—

17 ‘‘(1) an assurance that the applicant is a non18 profit private organization organized for the purpose

19 of coordinating community projects for the interven20 tion in and prevention of domestic violence; and

21 ‘‘(2) an assurance that such nonprofit organiza22 tion includes representation from pertinent sectors

23 of the local community, including—

24 ‘‘(A) health care providers;

25 ‘‘(B) the education community;
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1 ‘‘(C) the religious community;

2 ‘‘(D) the justice system;

3 ‘‘(E) domestic violence program advocates;

4 ‘‘(F) human service entities such as State

5 child services divisions; and

6 ‘‘(G) business and civic leaders.

7 ‘‘SEC. 2003. AWARD OF GRANTS.

8 ‘‘(a) TERM.—A grant provided under this section

9 may extend over a period of not more than 3 fiscal years.

10 ‘‘(b) CONDITIONS ON PAYMENT.—Payments under a

11 grant under this section shall be subject to—

12 ‘‘(1) annual approval by the Director; and

13 ‘‘(2) availability of appropriations.

14 ‘‘(c) GEOGRAPHICAL DISPERSION.—The Director

15 shall award grants under this section to organizations in

16 communities geographically dispersed throughout the

17 country.

18 ‘‘SEC. 2004. USES OF FUNDS.

19 ‘‘(a) IN GENERAL.—A grant made under subsection

20 (a) shall be used to establish and operate a community

21 project to coordinate intervention and prevention of do22 mestic violence.

23 ‘‘(b) REQUIREMENTS.—In establishing and operating

24 a project, a nonprofit private organization shall—
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1 ‘‘(1) establish protocols to improve and expand

2 domestic violence intervention and prevention strate3 gies among all affected sectors;

4 ‘‘(2) develop action plans to direct responses

5 within each community sector that are in conjunc6 tion with development in all other sectors; and

7 ‘‘(3) provide for periodic evaluation of the

8 project with a written report and analysis to assist

9 application of this concept in other communities.’’.

10 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

11 1001 of the Omnibus Crime Control and Safe Streets Act

12 of 1968 is amended by adding after paragraph (13), as

13 added by section 1623 of this Act, the following:

14 ‘‘(14) There are authorized to be appropriated to

15 carry out part T $20,000,000 for fiscal year 1994 and

16 such sums as are necessary for each of the fiscal years

17 1995, 1996, and 1997, to remain available until

18 expended.’’.

19 (c) ADMINISTRATIVE PROVISIONS.—(1) Section

20 801(b) of title I of the Omnibus Crime Control and Safe

21 Streets Act of 1968, as amended by section 1623 of this

22 Act, is amended by striking ‘‘O, Q, R, and S’’ and insert23 ing ‘‘O, Q, R, S, and T’’; and

24 (2) Section 802(b) of title I of the Omnibus Crime

25 Control and Safe Streets Act of 1968, as amended by sec-
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1 tion 1623 of this Act, is amended by striking ‘‘O, Q, R,

2 or S’’ and inserting ‘‘O, Q, R, S, or T’’.

3 (d) CONFORMING AMENDMENT.—The table of con4 tents of title I of the Omnibus Crime Control and Safe

5 Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended

6 by section 1623 of this Act, is amended by striking the

7 matter relating to part T and inserting the following:

‘‘PART T—GRANTS FOR COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE

‘‘Sec. 2001. Grant authority.

‘‘Sec. 2002. Applications.

‘‘Sec. 2003. Award of grants.

‘‘Sec. 2004. Uses of funds.

‘‘PART U—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2101. Continuation of rules, authorities, and proceedings.’’.

8 Subtitle E—Equal Justice for

9 Women in the Courts

10 SEC. 1661. GRANTS AUTHORIZED.

11 The State Justice Institute is authorized to award

12 grants for the purpose of developing, testing, presenting,

13 and disseminating model programs to be used by States

14 in training judges and court personnel in the laws of the

15 States on rape, sexual assault, domestic violence, and

16 other crimes of violence motivated by gender.

17 SEC. 1662. TRAINING PROVIDED BY GRANTS.

18 Training provided pursuant to grants made under

19 this subtitle may include current information, existing

20 studies, or current data on—
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1 (1) the nature and incidence of rape and sexual

2 assault by strangers and nonstrangers, marital rape,

3 and incest;

4 (2) the underreporting of rape, sexual assault,

5 and child sexual abuse;

6 (3) the physical, psychological, and economic

7 impact of rape and sexual assault on the victim, the

8 costs to society, and the implications for sentencing;

9 (4) the psychology of sex offenders, their high

10 rate of recidivism, and the implications for sentenc11 ing;

12 (5) the historical evolution of laws and attitudes

13 on rape and sexual assault;

14 (6) sex stereotyping of female and male victims

15 of rape and sexual assault, racial stereotyping of

16 rape victims and defendants, and the impact of such

17 stereotypes on credibility of witnesses, sentencing,

18 and other aspects of the administration of justice;

19 (7) application of rape shield laws and other

20 limits on introduction of evidence that may subject

21 victims to improper sex stereotyping and harassment

22 in both rape and nonrape cases, including the need

23 for sua sponte judicial intervention in inappropriate

24 cross-examination;
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1 (8) the use of expert witness testimony on rape

2 trauma syndrome, child sexual abuse accommodation

3 syndrome, post-traumatic stress syndrome, and simi4 lar issues;

5 (9) the legitimate reasons why victims of rape,

6 sexual assault, domestic violence, and incest may

7 refuse to testify against a defendant;

8 (10) the nature and incidence of domestic vio9 lence;

10 (11) the physical, psychological, and economic

11 impact of domestic violence on the victim, the costs

12 to society, and the implications for court procedures

13 and sentencing;

14 (12) the psychology and self-presentation of

15 batterers and victims and the negative implications

16 for court proceedings and credibility of witnesses;

17 (13) sex stereotyping of female and male vic18 tims of domestic violence, myths about presence or

19 absence of domestic violence in certain racial, ethnic,

20 religious, or socioeconomic groups, and their impact

21 on the administration of justice;

22 (14) historical evolution of laws and attitudes

23 on domestic violence;

24 (15) proper and improper interpretations of the

25 defenses of self-defense and provocation, and the use
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1 of expert witness testimony on battered woman

2 syndrome;

3 (16) the likelihood of retaliation, recidivism,

4 and escalation of violence by batterers, and the po5 tential impact of incarceration and other meaningful

6 sanctions for acts of domestic violence including vio7 lations of orders of protection;

8 (17) economic, psychological, social and institu9 tional reasons for victims’ inability to leave the

10 batterer, to report domestic violence or to follow

11 through on complaints, including the influence of

12 lack of support from police, judges, and court per13 sonnel, and the legitimate reasons why victims of do14 mestic violence may refuse to testify against a de15 fendant and should not be held in contempt;

16 (18) the need for orders of protection, and the

17 negative implications of mutual orders of protection,

18 dual arrest policies, and mediation in domestic vio19 lence cases; and

20 (19) recognition of and response to gender-mo21 tivated crimes of violence other than rape, sexual as22 sault and domestic violence, such as mass or serial

23 murder motivated by the gender of the victims.
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1 SEC. 1663. COOPERATION IN DEVELOPING PROGRAMS.

2 The State Justice Institute shall ensure that model

3 programs carried out pursuant to grants made under this

4 subtitle are developed with the participation of law en5 forcement officials, public and private nonprofit victim ad6 vocates, legal experts, prosecutors, defense attorneys, and

7 recognized experts on gender bias in the courts.

8 SEC. 1664. AUTHORIZATION OF APPROPRIATIONS.

9 There is authorized to be appropriated for fiscal year

10 1994, $600,000 to carry out the purposes of sections 1661

11 through 1664. Of amounts appropriated under this sec12 tion, the State Justice Institute shall expend no less than

13 40 percent on model programs regarding domestic violence

14 and no less than 40 percent on model programs regarding

15 rape and sexual assault.

16 SEC. 1665. AUTHORIZATIONS OF CIRCUIT STUDIES; EDU17 CATION AND TRAINING GRANTS.

18 (a) STUDY.—In order to gain a better understanding

19 of the nature and the extent of gender bias in the Federal

20 courts, the circuit judicial councils are encouraged to con21 duct studies of the instances of gender bias in their respec22 tive circuits. The studies may include an examination of

23 the effects of gender on—

24 (1) the treatment of litigants, witnesses, attor25 neys, jurors, and judges in the courts, including be26 fore magistrate and bankruptcy judges;
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1 (2) the interpretation and application of the

2 law, both civil and criminal;

3 (3) treatment of defendants in criminal cases;

4 (4) treatment of victims of violent crimes;

5 (5) sentencing;

6 (6) sentencing alternatives, facilities for incar7 ceration, and the nature of supervision of probation,

8 parole, and supervised release;

9 (7) appointments to committees of the Judicial

10 Conference and the courts;

11 (8) case management and court sponsored al12 ternative dispute resolution programs;

13 (9) the selection, retention, promotion, and

14 treatment of employees;

15 (10) appointment of arbitrators, experts, and

16 special masters;

17 (11) the admissibility of past sexual history in

18 civil and criminal cases; and

19 (12) the aspects of the topics listed in section

20 1662 that pertain to issues within the jurisdiction of

21 the Federal courts.

22 (b) CLEARINGHOUSE.—The Judicial Conference of

23 the United States shall designate an entity within the Ju24 dicial Branch to act as a clearinghouse to disseminate any

25 reports and materials issued by the gender bias task forces
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1 under subsection (a) and to respond to requests for such

2 reports and materials. The gender bias task forces shall

3 provide this entity with their reports and related material.

4 (c) MODEL PROGRAMS.—The Federal Judicial Cen5 ter, in carrying out section 620(b)(3) of title 28, United

6 States Code, shall—

7 (1) include in the educational programs it pre8 sents and prepares, including the training programs

9 for newly appointed judges, information on issues re10 lated to gender bias in the courts including such

11 areas as are listed in subsection (a) along with such

12 other topics as the Federal Judicial Center deems

13 appropriate;

14 (2) prepare materials necessary to implement

15 this subsection; and

16 (3) take into consideration the findings and rec17 ommendations of the studies conducted pursuant to

18 subsection (a), and to consult with individuals and

19 groups with relevant expertise in gender bias issues

20 as it prepares or revises such materials.

21 SEC. 1666. AUTHORIZATION OF APPROPRIATIONS.

22 (a) IN GENERAL.—There is authorized to be appro23 priated—

24 (1) $600,000 to the Salaries and Expenses Ac25 count of the Courts of Appeals, District Courts, and
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1 other Judicial Services, to carry out section 1665(a),

2 to be available until expended through fiscal year

3 1996;

4 (2) $100,000 to the Federal Judicial Center to

5 carry out section 1665(c) and any activities des6 ignated by the Judicial Conference under section

7 1665(b); and

8 (3) such sums as are necessary to the Adminis9 trative Office of the United States Courts to carry

10 out any activities designated by the Judicial Con11 ference under section 1665(b).

12 (b) THE JUDICIAL CONFERENCE OF THE UNITED

13 STATES.—(1) The Judicial Conference of the United

14 States Courts shall allocate funds to Federal circuit courts

15 under this subtitle that—

16 (A) undertake studies in their own circuits; or

17 (B) implement reforms recommended as a re18 sult of such studies in their own or other circuits,

19 including education and training.

20 (2) Funds shall be allocated to Federal circuits under

21 this subtitle on a first come first serve basis in an amount

22 not to exceed $100,000 on the first application. If within

23 6 months after the date on which funds authorized under

24 this Act become available, funds are still available, circuits
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1 that have received funds may reapply for additional funds,

2 with not more than $200,000 going to any one circuit.

3 SEC. 1667. EXPERT TESTIMONY OF DOMESTIC VIOLENCE.

4 (a) FINDINGS.—The Congress finds that—

5 (1) State criminal courts often fail to admit ex6 pert testimony offered by a defendant concerning the

7 nature and effect of physical, sexual, and mental

8 abuse to assist the trier of fact in assessing the be9 havior, beliefs, or perceptions of such defendant in

10 a domestic relationship in which abuse has occurred;

11 (2) the average juror often has little under12 standing of the nature and effect of domestic vio13 lence on such a defendant’s behavior, beliefs, or per14 ceptions, and the lack of understanding can result in

15 the juror blaming the woman for her victimization;

16 (3) the average juror is often unaware that vic17 tims of domestic violence are frequently in greater

18 danger of violence after they terminate or attempt to

19 terminate domestic relationships with their abuser;

20 (4) myths, misconceptions, and victim-blaming

21 attitudes are often held not only by the average lay

22 person but also by many in the criminal justice sys23 tem, insofar as the criminal justice system tradition24 ally has failed to protect women from violence at the

25 hands of men;
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1 (5) specialized knowledge of the nature and ef2 fect of domestic violence is sufficiently established to

3 have gained the general acceptance which is required

4 for the admissibility of expert testimony;

5 (6) although both men and women can be vic6 tims of physical, sexual, and mental abuse by their

7 partners in domestic relationships, the most frequent

8 victims are women; and

9 (7) a woman is more likely to be assaulted and

10 injured, raped, or killed by her current or former

11 male partner than by any other type of assailant,

12 and over one-half of all women murdered are killed

13 by their current or former male partners.

14 (b) SENSE OF CONGRESS.—It is the sense of the

15 Congress that the executive branch, working through the

16 State Justice Institute, should examine programs which

17 would allow the States to consider—

18 (1) that expert testimony concerning the nature

19 and effect of domestic violence, including descrip20 tions of the experiences of battered women, be ad21 missible when offered in a State court by a defend22 ant in a criminal case to assist the trier of fact in

23 understanding the behavior, beliefs, or perceptions of

24 such defendant in a domestic relationship in which

25 abuse has occurred;
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1 (2) that a witness be qualified to testify as an

2 expert witness based upon her or his knowledge,

3 skill, experience, training, or education, and be per4 mitted to testify in the form of an opinion or other5 wise; and

6 (3) that expert testimony about a domestic rela7 tionship be admissible to include testimony of rela8 tionships between spouses, former spouses, cohabi9 tants, former cohabitants, partners or former part10 ners, and between persons who are in, or have been

11 in, a dating, courtship, or intimate relationship.

12 TITLE XVII—HATE CRIMES

13 SENTENCING ENHANCEMENT

14 SEC. 1701. DIRECTION TO COMMISSION.

15 (a) IN GENERAL.—Pursuant to section 994 of title

16 28, United States Code, the United States Sentencing

17 Commission shall promulgate guidelines or amend existing

18 guidelines to provide sentencing enhancements of not less

19 than 3 offense levels for offenses that the finder of fact

20 at trial determines beyond a reasonable doubt are hate

21 crimes. In carrying out this section, the United States

22 Sentencing Commission shall assure reasonable consist23 ency with other guidelines, avoid duplicative punishments

24 for substantially the same offense, and take into account
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1 any mitigating circumstances which might justify excep2 tions.

3 (b) DEFINITION.—As used in this section, the term

4 ‘‘hate crime’’ is a crime in which the defendant inten5 tionally selects a victim, or in the case of a property crime,

6 the property which is the object of the crime, because of

7 the actual or perceived race, color, religion, national ori8 gin, ethnicity, gender, or sexual orientation of any person.

9 TITLE XVIII—USE OF FORMULA

10 GRANTS TO PROSECUTE PER11 SONS DRIVING WHILE INTOXI12 CATED

13 SEC. 1801. GRANT PROGRAM DESCRIPTION.

14 Section 501(b) of title I of the Omnibus Crime Con15 trol and Safe Streets Act of 1968 is amended—

16 (1) by striking the period at the end of para17 graph (21) and adding ‘‘; and’’; and

18 (2) by adding at the end the following:

19 ‘‘(22) programs for the prosecution of driving

20 while intoxicated and the enforcement of other laws

21 relating to alcohol use and the operation of motor

22 vehicles.’’.
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1 TITLE XIX—YOUTH HANDGUN

2 SAFETY

3 SEC. 1901. FINDINGS AND DECLARATIONS.

4 The Congress finds and declares that—

5 (1) Crime, particularly crime involving drugs

6 and guns, is a pervasive, nationwide problem.

7 (2) Problems with crime at the local level are

8 exacerbated by the interstate movement of drugs,

9 funds, and criminal gangs.

10 (3) Firearms and ammunition, and handguns in

11 particular, move easily in interstate commerce, as

12 documented in numerous hearings in both the Judi13 ciary Committee of the House of Representatives

14 and Judiciary Committee of the Senate.

15 (4) In fact, even before the sale of a handgun,

16 the gun, its component parts, ammunition, and the

17 raw materials from which they are made have con18 siderably moved in interstate commerce.

19 (5) While criminals freely move from State to

20 State, ordinary citizens may fear to travel to or

21 through certain parts of the country due to the con22 cern that violent crime is not under control, and for23 eigners may decline to travel in the United States

24 for the same reason.
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1 (6) Just as the hardened drug kingpins begin

2 their life in the illicit drug culture by exposure to

3 drugs at a young age, violent criminals often start

4 their criminal careers on streets where the ready

5 availability of guns to young people results in the ac6 ceptability of their random use.

7 (7) Violent crime and the use of illicit drugs go

8 hand-in-hand, and attempts to control one without

9 controlling the other may be fruitless.

10 (8) Individual States and localities find it im11 possible to handle the problem by themselves; even

12 States and localities that have made a strong effort

13 to prevent, detect, and punish crime find their effort

14 unavailing due in part to the failure or inability of

15 other States and localities to take strong measures.

16 (9) Inasmuch as illicit drug activity and related

17 violent crime overflow State lines and national

18 boundaries, the Congress has power, under the inter19 state commerce clause and other provisions of the

20 Constitution, to enact measures to combat these

21 problems.

22 (10) The Congress finds that it is necessary

23 and appropriate to assist the States in controlling

24 crime by stopping the commerce in handguns with

25 juveniles nationwide, and allowing the possession of
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1 handguns by juveniles only when handguns are pos2 sessed and used for legitimate purposes under ap3 propriate conditions.

4 SEC. 1902. PROHIBITION OF THE POSSESSION OF A HAND5 GUN OR AMMUNITION BY, OR THE PRIVATE

6 TRANSFER OF A HANDGUN OR AMMUNITION

7 TO, A JUVENILE.

8 (a) OFFENSE.—Section 922 of title 18, United States

9 Code, as amended by section 706(a) of this Act, is

10 amended by adding at the end the following:

11 ‘‘(w)(1) It shall be unlawful for a person to sell, de12 liver, or otherwise transfer to a juvenile, or to a person

13 who the transferor knows or has reasonable cause to be14 lieve is a juvenile—

15 ‘‘(A) a handgun; or

16 ‘‘(B) ammunition that is suitable for use only

17 in a handgun.

18 ‘‘(2) It shall be unlawful for any person who is a juve19 nile to knowingly possess—

20 ‘‘(A) a handgun; or

21 ‘‘(B) ammunition that is suitable for use

22 only in a handgun.

23 ‘‘(3) This subsection does not apply—

24 ‘‘(A) to a temporary transfer of a handgun or

25 ammunition to a juvenile, or to the possession or use
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1 of a handgun or ammunition by a juvenile, if the

2 handgun and ammunition are possessed and used by

3 the juvenile—

4 ‘‘(i) in the course of employment, in the

5 course of ranching or farming related to activi6 ties at the residence of the juvenile (or on prop7 erty used for ranching or farming at which the

8 juvenile, with the permission of the property

9 owner or lessee, is performing activities related

10 to the operation of the farm or ranch), target

11 practice, hunting, or a course of instruction in

12 the safe and lawful use of a handgun;

13 ‘‘(ii) with the prior written consent of the

14 juvenile’s parent or guardian who is not prohib15 ited by Federal, State, or local law from pos16 sessing a firearm;

17 ‘‘(iii) with the prior written consent in the

18 juvenile’s possession at all times when a hand19 gun is in the possession of the juvenile; and

20 ‘‘(iv) in accordance with State and local

21 law;

22 ‘‘(B) during transportation by the juvenile of an

23 unloaded handgun in a locked container directly

24 from the place of transfer to a place at which an ac25 tivity described in subparagraph (A)(i) is to take
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1 place, and transportation by the juvenile of that

2 handgun, unloaded and in a locked container, di3 rectly from the place at which such an activity took

4 place to the transferor;

5 ‘‘(C) to a juvenile who is a member of the

6 Armed Forces of the United States or the National

7 Guard who possesses or is armed with a handgun in

8 the line of duty;

9 ‘‘(D) to a transfer by inheritance of title (but

10 not possession) of a handgun or ammunition to a

11 juvenile; or

12 ‘‘(E) to the possession of a handgun or ammu13 nition by a juvenile taken in defense of the juvenile

14 or other persons against an intruder into the resi15 dence of the juvenile or a residence in which the ju16 venile is an invited guest.

17 ‘‘(4) A handgun or ammunition, the possession of

18 which is transferred to a juvenile in circumstances in

19 which the transferor is not in violation of this subsection

20 shall not be subject to permanent confiscation by the Gov21 ernment if its possession by the juvenile subsequently be22 comes unlawful because of the conduct of the juvenile, but

23 shall be returned to the lawful owner when such handgun

24 or ammunition is no longer required by the Government

25 for the purposes of investigation or prosecution.
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1 ‘‘(5) For purposes of this subsection, the term ‘juve2 nile’ means a person who is less than 18 years of age.

3 ‘‘(6)(A) In a prosecution of a violation of this sub4 section, the court shall require the presence of a juvenile

5 defendant’s parent or legal guardian at all proceedings.

6 ‘‘(B) The court may use the contempt power to en7 force subparagraph (A).

8 ‘‘(C) The court may excuse attendance of a parent

9 or legal guardian of a juvenile defendant at a proceeding

10 in a prosecution of a violation of this subsection for good

11 cause shown.’’.

12 (b) PENALTIES.—Section 924(a) of title 18, United

13 States Code, as amended by section 706(b) of this Act,

14 is amended by adding at the end the following:

15 ‘‘(7)(A)(i) A juvenile who violates section 922(w)

16 shall be fined under this title, imprisoned not more than

17 1 year, or both, except that a juvenile described in clause

18 (ii) shall be sentenced to probation on appropriate condi19 tions and shall not be incarcerated unless the juvenile fails

20 to comply with a condition of probation.

21 ‘‘(ii) A juvenile is described in this clause if—

22 ‘‘(I) the offense of which the juvenile is charged

23 is possession of a handgun or ammunition in viola24 tion of section 922(w)(2); and
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1 ‘‘(II) the juvenile has not been convicted in any

2 court of an offense (including an offense under sec3 tion 922(w) or a similar State law, but not including

4 any other offense consisting of conduct that if en5 gaged in by an adult would not constitute an of6 fense) or adjudicated as a juvenile delinquent for

7 conduct that if engaged in by an adult would con8 stitute an offense.

9 ‘‘(B) A person other than a juvenile who knowingly

10 violates section 922(w)—

11 ‘‘(i) shall be fined under this title, imprisoned

12 not more than 1 year, or both; and

13 ‘‘(ii) if the person sold, delivered, or otherwise

14 transferred a handgun or ammunition to a juvenile

15 knowing or having reasonable cause to know that

16 the juvenile intended to carry or otherwise possess

17 or discharge or otherwise use the handgun or ammu18 nition in the commission of a crime of violence, shall

19 be fined under this title, imprisoned not more than

20 10 years, or both.’’.

21 (d) TECHNICAL AMENDMENT OF JUVENILE DELIN22 QUENCY PROVISIONS IN TITLE 18, UNITED STATES

23 CODE.—

24 (1) SECTION 5031.—Section 5031 of title 18,

25 United States Code, is amended by inserting ‘‘or a
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1 violation by such person of section 922(w)’’ before

2 the period at the end.

3 (2) SECTION 5032.—Section 5032 of title 18,

4 United States Code, is amended—

5 (A) in the first undesignated paragraph by

6 inserting ‘‘or (w)’’ after ‘‘922(p)’’; and

7 (B) in the fourth undesignated paragraph

8 by inserting ‘‘or section 922(w) of this title,’’

9 before ‘‘criminal prosecution on the basis’’.

10 (e) TECHNICAL AMENDMENT OF THE JUVENILE

11 JUSTICE AND DELINQUENCY PREVENTION ACT OF

12 1974.—Section 223(a)(12)(A) of the Juvenile Justice and

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

14 5633(a)(12)(A)) is amended by striking ‘‘which do not

15 constitute violations of valid court orders’’ and inserting

16 ‘‘(other than an offense that constitutes a violation of a

17 valid court order or a violation of section 922(w) of title

18 18, United States Code, or a similar State law)’’.

19 (f) MODEL LAW.—The Attorney General, acting

20 through the Director of the National Institute for Juvenile

21 Justice and Delinquency Prevention, shall—

22 (1) evaluate existing and proposed juvenile

23 handgun legislation in each State;

24 (2) develop model juvenile handgun legislation

25 that is constitutional and enforceable;
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1 (3) prepare and disseminate to State authorities

2 the findings made as the result of the evaluation;

3 and

4 (4) report to Congress by December 31, 1994,

5 findings and recommendations concerning the need

6 or appropriateness of further action by the Federal

7 Government.

8 TITLE XX—SUBSTANCE ABUSE

9 TREATMENT IN FEDERAL

10 PRISONS

11 SEC. 2001. SUBSTANCE ABUSE TREATMENT IN FEDERAL

12 PRISONS.

13 Section 3621 of title 18, United States Code, is

14 amended—

15 (1) in the last sentence of subsection (b), by

16 striking ‘‘, to the extent practicable,’’; and

17 (2) by adding at the end the following new sub18 section:

19 ‘‘(e) SUBSTANCE ABUSE TREATMENT.—

20 ‘‘(1) PHASE-IN.—In order to carry out the re21 quirement of the last sentence of subsection (b) of

22 this section, that every prisoner with a substance

23 abuse problem have the opportunity to participate in

24 appropriate substance abuse treatment, the Bureau
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1 of Prisons shall provide substance abuse treat2 ment—

3 ‘‘(A) for not less than 50 percent of eligi4 ble prisoners by the end of fiscal year 1995,

5 with priority for such treatment accorded based

6 on an eligible prisoner’s proximity to release

7 date;

8 ‘‘(B) for not less than 75 percent of eligi9 ble prisoners by the end of fiscal year 1996,

10 with priority for such treatment accorded based

11 on an eligible prisoner’s proximity to release

12 date; and

13 ‘‘(C) for all eligible prisoners by the end of

14 fiscal year 1997 and thereafter, with priority

15 for such treatment accorded based on an eligi16 ble prisoner’s proximity to release date.

17 ‘‘(2) INCENTIVE FOR PRISONERS’ SUCCESSFUL

18 COMPLETION OF TREATMENT PROGRAM.—

19 ‘‘(A) GENERALLY.—Any prisoner who, in

20 the judgment of the Director of the Bureau of

21 Prisons, has successfully completed a program

22 of residential substance abuse treatment pro23 vide under paragraph (1) of this subsection,

24 shall remain in the custody of the Bureau for

25 such time (as limited by subparagraph (B) of
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1 this paragraph) and under such conditions, as

2 the Bureau deems appropriate. If the conditions

3 of confinement are different from those the

4 prisoner would have experienced absent the suc5 cessful completion of the treatment, the Bureau

6 shall periodically test the prisoner for substance

7 abuse and discontinue such conditions on deter8 mining that substance abuse has recurred.

9 ‘‘(B) PERIOD OF CUSTODY.—The period

10 the prisoner remains in custody after success11 fully completing a treatment program shall not

12 exceed the prison term the law would otherwise

13 require such prisoner to serve, but may not be

14 less than such term minus one year.

15 ‘‘(3) REPORT.—The Bureau of Prisons shall

16 transmit to the Committees on the Judiciary of the

17 Senate and the House of Representatives on Janu18 ary 1, 1995, and on January 1 of each year there19 after, a report. Such report shall contain—

20 ‘‘(A) a detailed quantitative and qualitative

21 description of each substance abuse treatment

22 program, residential or not, operated by the

23 Bureau;

24 ‘‘(B) a full explanation of how eligibility

25 for such programs is determined, with complete
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1 information on what proportion of prisoners

2 with substance abuse problems are eligible, and

3 ‘‘(C) a complete statement of to what ex4 tent the Bureau has achieved compliance with

5 the requirements of this title.

6 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

7 There are authorized to be appropriated in each fis8 cal year such sums as may be necessary to carry out

9 this subsection.

10 ‘‘(5) DEFINITIONS.—As used in this sub11 section—

12 ‘‘(A) the term ‘residential substance abuse

13 treatment’ means a course of individual and

14 group activities, lasting between 6 and 12

15 months, in residential treatment facilities set

16 forth from the general prison population—

17 ‘‘(i) directed at the substance abuse

18 problems of the prisoner; and

19 ‘‘(ii) intended to develop the pris20 oner’s cognitive, behavorial, social, voca21 tional, and other skills so as to solve the

22 prisoner’s substance abuse and related

23 problems; and

24 ‘‘(B) the term ‘eligible prisoner’ means a

25 prisoner who is—
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1 ‘‘(i) determined by the Bureau of

2 Prisons to have a substance abuse prob3 lem; and

4 ‘‘(ii) willing to participate in a resi5 dential substance abuse treatment pro6 gram.’’.

7 TITLE XXI—ALTERNATIVE PUN8 ISHMENTS FOR YOUNG OF9 FENDERS

10 SEC. 2101. CERTAINTY OF PUNISHMENT FOR YOUNG OF11 FENDERS.

12 (a) IN GENERAL.—Title I of the Omnibus Crime

13 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

14 et seq.), is amended—

15 (1) by redesignating part Q as part U;

16 (2) by redesignating section 1701 as section

17 2101; and

18 (3) by inserting after part P the following:

19 ‘‘PART Q—ALTERNATIVE PUNISHMENTS FOR

20 YOUNG OFFENDERS

21 ‘‘SEC. 1701. GRANT AUTHORIZATION.

22 ‘‘(a) IN GENERAL.—The Director of the Bureau of

23 Justice Assistance (referred to in this part as the ‘Direc24 tor’) may make grants under this part to States, for the

25 use by States and units of local government in the States,
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1 for the purpose of developing alternative methods of pun2 ishment for young offenders to traditional forms of incar3 ceration and probation.

4 ‘‘(b) ALTERNATIVE METHODS.—The alternative

5 methods of punishment referred to in subsection (a)

6 should ensure certainty of punishment for young offenders

7 and promote reduced recidivism, crime prevention, and as8 sistance to victims, particularly for young offenders who

9 can be punished more effectively in an environment other

10 than a traditional correctional facility, including—

11 ‘‘(1) alternative sanctions that create account12 ability and certainty of punishment for young of13 fenders;

14 ‘‘(2) boot camp prison programs that include

15 education and job training activities such as pro16 grams modeled, to the extent practicable, after ac17 tivities carried out under part B of title IV of the

18 Job Training Partnership Act (relating to Job

19 Corps) (29 U.S.C. 1691 et seq.);

20 ‘‘(3) technical training and support for the im21 plementation and maintenance of State and local

22 restitution programs for young offenders;

23 ‘‘(4) innovative projects, such as projects con24 sisting of education and job training activities for in25 carcerated young offenders, modeled, to the extent
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1 practicable, after activities carried out under part B

2 of title IV of the Job Training Partnership Act (re3 lating to Job Corps) (29 U.S.C. 1691 et seq.);

4 ‘‘(5) correctional options, such as community5 based incarceration, weekend incarceration, and elec6 tronic monitoring of offenders;

7 ‘‘(6) community service programs that provide

8 work service placement for young offenders at non9 profit, private organizations and community organi10 zations;

11 ‘‘(7) demonstration restitution projects that are

12 evaluated for effectiveness;

13 ‘‘(8) innovative methods that address the prob14 lems of young offenders convicted of serious sub15 stance abuse (including alcohol abuse, and gang-re16 lated offenses), including technical assistance and

17 training to counsel and treat such offenders; and

18 ‘‘(9) the provision for adequate and appropriate

19 after care programs for the young offenders, such as

20 substance abuse treatment, education programs, vo21 cational training, job placement counseling, and

22 other support programs upon release.

23 ‘‘SEC. 1702. STATE APPLICATIONS.

24 ‘‘(a) IN GENERAL.—(1) To request a grant under

25 this part, the chief executive of a State shall submit an
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1 application to the Director in such form and containing

2 such information as the Director may reasonably require.

3 ‘‘(2) Such application shall include assurances that

4 Federal funds received under this part shall be used to

5 supplement, not supplant, non-Federal funds that would

6 otherwise be available for activities funded under this part.

7 ‘‘(b) STATE OFFICE.—The office designated under

8 section 507 of this title—

9 ‘‘(1) shall prepare the application as required

10 under subsection (a); and

11 ‘‘(2) shall administer grant funds received

12 under this part, including review of spending, proc13 essing, progress, financial reporting, technical assist14 ance, grant adjustments, accounting, auditing, and

15 fund disbursement.

16 ‘‘SEC. 1703. REVIEW OF STATE APPLICATIONS.

17 ‘‘(a) IN GENERAL.—The Director, in consultation

18 with the Director of the National Institute of Corrections,

19 shall make a grant under section 1701(a) to carry out the

20 projects described in the application submitted by such ap21 plicant under section 1702 upon determining that—

22 ‘‘(1) the application is consistent with the re23 quirements of this part; and

24 ‘‘(2) before the approval of the application, the

25 Director has made an affirmative finding in writing
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1 that the proposed project has been reviewed in ac2 cordance with this part.

3 ‘‘(b) APPROVAL.—Each application submitted under

4 section 1702 shall be considered approved, in whole or in

5 part, by the Director not later than 45 days after first

6 received unless the Director informs the applicant of spe7 cific reasons for disapproval.

8 ‘‘(c) RESTRICTION.—Grant funds received under this

9 part shall not be used for land acquisition or construction

10 projects, other than alternative facilities described in sec11 tion 1701(b).

12 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDER13 ATION.—The Director shall not disapprove any application

14 without first affording the applicant reasonable notice and

15 an opportunity for reconsideration.

16 ‘‘SEC. 1704. LOCAL APPLICATIONS.

17 ‘‘(a) IN GENERAL.—(1) To request funds under this

18 part from a State, the chief executive of a unit of local

19 government shall submit an application to the office des20 ignated under section 1701(b).

21 ‘‘(2) Such application shall be considered approved,

22 in whole or in part, by the State not later than 45 days

23 after such application is first received unless the State in24 forms the applicant in writing of specific reasons for dis25 approval.
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1 ‘‘(3) The State shall not disapprove any application

2 submitted to the State without first affording the appli3 cant reasonable notice and an opportunity for reconsider4 ation.

5 ‘‘(4) If such application is approved, the unit of local

6 government is eligible to receive such funds.

7 ‘‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERN8 MENT.—A State that receives funds under section 1701

9 in a fiscal year shall make such funds available to units

10 of local government with an application that has been sub11 mitted and approved by the State within 45 days after

12 the Director has approved the application submitted by

13 the State and has made funds available to the State. The

14 Director shall have the authority to waive the 45-day re15 quirement in this section upon a finding that the State

16 is unable to satisfy such requirement under State statutes.

17 ‘‘SEC. 1705. ALLOCATION AND DISTRIBUTION OF FUNDS.

18 ‘‘(a) STATE DISTRIBUTION.—Of the total amount ap19 propriated under this part in any fiscal year—

20 ‘‘(1) 0.4 percent shall be allocated to each of

21 the participating States; and

22 ‘‘(2) of the total funds remaining after the allo23 cation under paragraph (1), there shall be allocated

24 to each of the participating States an amount which

25 bears the same ratio to the amount of remaining
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1 funds described in this paragraph as the number of

2 young offenders of such State bears to the number

3 of young offenders in all the participating States.

4 ‘‘(b) LOCAL DISTRIBUTION.—(1) A State that re5 ceives funds under this part in a fiscal year shall distribute

6 to units of local government in such State for the purposes

7 specified under section 1701 that portion of such funds

8 which bears the same ratio to the aggregate amount of

9 such funds as the amount of funds expended by all units

10 of local government for correctional programs in the pre11 ceding fiscal year bears to the aggregate amount of funds

12 expended by the State and all units of local government

13 in such State for correctional programs in such preceding

14 fiscal year.

15 ‘‘(2) Any funds not distributed to units of local gov16 ernment under paragraph (1) shall be available for ex17 penditure by such State for purposes specified under sec18 tion 1701.

19 ‘‘(3) If the Director determines, on the basis of infor20 mation available during any fiscal year, that a portion of

21 the funds allocated to a State for such fiscal year will not

22 be used by such State or that a State is not eligible to

23 receive funds under section 1701, the Director shall award

24 such funds to units of local government in such State giv-
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1 ing priority to the units of local government that the Di2 rector considers to have the greatest need.

3 ‘‘(c) GENERAL REQUIREMENT.—Notwithstanding

4 the provisions of subsections (a) and (b), not less than

5 two-thirds of funds received by a State under this part

6 shall be distributed to units of local government unless the

7 State applies for and receives a waiver from the Director

8 of the Bureau of Justice Assistance.

9 ‘‘(d) FEDERAL SHARE.—The Federal share of a

10 grant made under this part may not exceed 75 percent

11 of the total costs of the projects described in the applica12 tion submitted under section 1702(a) for the fiscal year

13 for which the projects receive assistance under this part.

14 ‘‘(e) CONSIDERATION.—Notwithstanding subsections

15 (a) and (b), in awarding grants under this part, the Direc16 tor shall consider as an important factor whether a State

17 has in effect throughout such State a law or policy

18 which—

19 ‘‘(1) requires that a juvenile who is in posses20 sion of a firearm or other weapon on school property

21 or convicted of a crime involving the use of a firearm

22 or weapon on school property—

23 ‘‘(A) be suspended from school for a rea24 sonable period of time; and
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1 ‘‘(B) lose driving license privileges for a

2 reasonable period of time;

3 ‘‘(2) bans firearms and other weapons in a 100-

4 yard radius of school property, but the State may

5 allow exceptions for school-sponsored activities, as

6 well as other reasonable exceptions.

7 ‘‘(f) DEFINITION.—For purposes of this part, ‘juve8 nile’ means 18 years of age or younger.

9 ‘‘SEC. 1706. EVALUATION.

10 ‘‘(a) IN GENERAL.—(1) Each State and local unit of

11 government that receives a grant under this part shall

12 submit to the Director an evaluation not later than March

13 1 of each year in accordance with guidelines issued by the

14 Director and in consultation with the National Institute

15 of Justice.

16 ‘‘(2) The Director may waive the requirement speci17 fied in paragraph (1) if the Director determines that such

18 evaluation is not warranted in the case of the State or

19 unit of local government involved.

20 ‘‘(b) DISTRIBUTION.—The Director shall make avail21 able to the public on a timely basis evaluations received

22 under subsection (a).

23 ‘‘(c) ADMINISTRATIVE COSTS.—A State and local

24 unit of government may use not more than 5 percent of
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1 funds it receives under this part to develop an evaluation

2 program under this section.’’.

3 (b) CONFORMING AMENDMENT.—The table of con4 tents of title I of the Omnibus Crime Control and Safe

5 Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended

6 by striking the matter relating to part Q and inserting

7 the following:

‘‘PART Q—ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS

‘‘Sec. 1701. Grant authorization.

‘‘Sec. 1702. State applications.

‘‘Sec. 1703. Review of State applications.

‘‘Sec. 1704. Local applications.

‘‘Sec. 1705. Allocation and distribution of funds.

‘‘Sec. 1706. Evaluation.

‘‘PART U—TRANSITION—EFFECTIVE DATE—REPEALER

‘‘Sec. 2101. Continuation of rules, authorities, and proceedings.’’.

8 (c) DEFINITION.—Section 901(a) of the Omnibus

9 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

10 3791(a)), is amended by adding after paragraph (23) the

11 following:

12 ‘‘(24) The term ‘young offender’ means an indi13 vidual, convicted of a crime, 22 years of age or

14 younger—

15 ‘‘(A) who has not been convicted of—

16 ‘‘(i) a crime of sexual assault; or

17 ‘‘(ii) a crime involving the use of a

18 firearm in the commission of the crime;

19 and
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1 ‘‘(B) who has no prior convictions for a

2 crime of violence (as defined by section 16 of

3 title 18, United States Code) punishable by a

4 period of 1 or more years of imprisonment.’’.

5 SEC. 2102. AUTHORIZATION OF APPROPRIATION.

6 Section 1001(a) of title I of the Omnibus Crime Con7 trol and Safe Streets Act of 1968 (42 U.S.C. 3793) is

8 amended by adding after paragraph (10) the following:

9 ‘‘(11) There are authorized to be appropriated

10 $200,000,000 for each of the fiscal years 1994, 1995, and

11 1996 to carry out the projects under part Q.’’.

12 SEC. 2103. SENSE OF THE CONGRESS.

13 It is the sense of the Congress that States should im14 pose mandatory sentences for crimes involving the use of

15 a firearm or other weapon on school property or within

16 a 100-yard radius of school property.

17 TITLE XXII—JUVENILE DRUG

18 TRAFFICKING AND GANG

19 PREVENTION GRANTS

20 SEC. 2201. JUVENILE DRUG TRAFFICKING AND GANG PRE21 VENTION GRANTS.

22 (a) The Omnibus Crime Control and Safe Streets Act

23 of 1968, is amended by inserting after part Q (as added

24 by section 2101(a)) the following new part:
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1 ‘‘PART R—JUVENILE DRUG TRAFFICKING AND

2 GANG PREVENTION GRANTS

3 ‘‘SEC. 1801. GRANT AUTHORIZATION.

4 ‘‘(a) IN GENERAL.—The Director is authorized to

5 make grants to States and units of local government or

6 combinations thereof to assist them in planning, establish7 ing, operating, coordinating, and evaluating projects di8 rectly or through grants and contracts with public and pri9 vate agencies for the development of more effective pro10 grams, including education, prevention, treatment and en11 forcement programs to reduce—

12 ‘‘(1) the formation or continuation of juvenile

13 gangs; and

14 ‘‘(2) the use and sale of illegal drugs by juve15 niles.

16 ‘‘(b) USES OF FUNDS.—The grants made under this

17 section may be used for any of the following specific

18 purposes:

19 ‘‘(1) to reduce the participation of juveniles in

20 drug related crimes (including drug trafficking and

21 drug use), particularly in and around elementary

22 and secondary schools;

23 ‘‘(2) to reduce juvenile involvement in organized

24 crime, drug and gang-related activity, particularly

25 activities that involve the distribution of drugs by or

26 to juveniles;
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1 ‘‘(3) to develop new and innovative means to

2 address the problems of juveniles convicted of seri3 ous, drug-related and gang-related offenses;

4 ‘‘(4) to reduce juvenile drug and gang-related

5 activity in public housing projects;

6 ‘‘(5) to provide technical assistance and train7 ing to personnel and agencies responsible for the ad8 judicatory and corrections components of the juve9 nile justice system to identify drug-dependent or

10 gang-involved juvenile offenders and to provide ap11 propriate counseling and treatment to such offend12 ers;

13 ‘‘(6) to promote the involvement of all juveniles

14 in lawful activities, including—

15 ‘‘(A) school programs that teach that drug

16 and gang involvement are wrong; and

17 ‘‘(B) programs such as youth sports and

18 other activities, including girls and boys clubs,

19 scout troops, and little leagues;

20 ‘‘(7) to facilitate Federal and State cooperation

21 with local school officials to develop education, pre22 vention and treatment programs for juveniles who

23 are likely to participate in drug trafficking, drug use

24 or gang-related activities;
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1 ‘‘(8) to provide pre- and post-trial drug abuse

2 treatment to juveniles in the juvenile justice system;

3 with the highest possible priority to providing drug

4 abuse treatment to drug-dependent pregnant juve5 niles and drug-dependent juvenile mothers;

6 ‘‘(9) to provide education and treatment pro7 grams for youth exposed to severe violence in their

8 homes, schools, or neighborhoods;

9 ‘‘(10) to establish sports mentoring and coach10 ing programs in which athletes serve as role models

11 for youth to teach that athletics provide a positive

12 alternative to drug and gang involvement;

13 ‘‘(11) to develop new programs that specifically

14 address the unique crime, drug, and alcohol-related

15 challenges faced by juveniles living at or near Inter16 national Ports of Entry and in other international

17 border communities, including rural localities;

18 ‘‘(12) to identify promising new juvenile drug

19 demand reduction and enforcement programs, to

20 replicate and demonstrate these programs to serve

21 as national, regional or local models that could be

22 used, in whole or in part, by other public and private

23 juvenile justice programs, and to provide technical

24 assistance and training to public or private organiza25 tions to implement similar programs; and
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1 ‘‘(13) to coordinate violence, gang, and juvenile

2 drug prevention programs with other existing Fed3 eral programs that serve community youth to better

4 address the comprehensive needs of such youth.

5 ‘‘(c) FEDERAL SHARE.—(1) The Federal share of a

6 grant made under this part may not exceed 75 percent

7 of the total costs of the projects described in applications

8 submitted under this section for the fiscal year for which

9 the projects receive assistance under this part.

10 ‘‘(2) The Director may waive the 25 percent match11 ing requirement under paragraph (1), upon making a de12 termination that such waiver is equitable due to the finan13 cial circumstances affecting the ability of the applicant to

14 meet such requirements.

15 ‘‘SEC. 1802. APPLICATIONS.

16 ‘‘A State or unit of local government applying for

17 grants under this part shall submit an application to the

18 Director in such form and containing such information as

19 the Director shall reasonably require.’’.

20 (b) CONFORMING AMENDMENT.—The table of con21 tents of title I of the Omnibus Crime Control and Safe

22 Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended

23 by inserting after the matter relating to part Q (as added

24 by section 2101(b)) the following:

‘‘PART R—JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS

‘‘Sec. 1801. Grant authorization.
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‘‘Sec. 1802. Applications.’’.

1 SEC. 2202. AUTHORIZATION OF APPROPRIATIONS.

2 Section 1001(a) of title I of the Omnibus Crime Con3 trol and Safe Streets Act of 1968 (42 U.S.C. 3793), is

4 amended by adding after paragraph (11) (as added by sec5 tion 2102) the following:

6 ‘‘(12) There are authorized to be appropriated

7 $100,000,000 for each of the fiscal years 1994 and 1995

8 to carry out the projects under part R.’’.

9 TITLE XXIII—RESIDENTIAL SUB10 STANCE ABUSE TREATMENT

11 FOR STATE PRISONERS

12 SEC. 2301. RESIDENTIAL SUBSTANCE ABUSE TREATMENT

13 FOR STATE PRISONERS.

14 (a) RESIDENTIAL SUBSTANCE ABUSE TREATMENT

15 FOR PRISONERS.—Title I of the Omnibus Crime Control

16 and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

17 is amended by inserting after part R (as added by section

18 2201(a)) the following:

19 ‘‘PART S—RESIDENTIAL SUBSTANCE ABUSE

20 TREATMENT FOR STATE PRISONERS

21 ‘‘SEC. 1901. GRANT AUTHORIZATION.

22 ‘‘The Director of the Bureau of Justice Assistance

23 (referred to in this part as the ‘Director’) may make

24 grants under this part to States, for the use by States

25 and units of local government for the purpose of develop-
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1 ing and implementing residential substance abuse treat2 ment programs within State correctional facilities, as well

3 as within local correctional facilities in which inmates are

4 incarcerated for a period of time sufficient to permit sub5 stance abuse treatment.

6 ‘‘SEC. 1902. STATE APPLICATIONS.

7 ‘‘(a) IN GENERAL.—(1) To request a grant under

8 this part the chief executive of a State shall submit an

9 application to the Director in such form and containing

10 such information as the Director may reasonably require.

11 ‘‘(2) Such application shall include assurances that

12 Federal funds received under this part shall be used to

13 supplement, not supplant, non-Federal funds that would

14 otherwise be available for activities funded under this part.

15 ‘‘(3) Such application shall coordinate the design and

16 implementation of treatment programs between State cor17 rectional representatives and the State Alcohol and Drug

18 Abuse agency (and, if appropriate, between representa19 tives of local correctional agencies and representatives of

20 either the State alcohol and drug abuse agency or any ap21 propriate local alcohol and drug abuse agency).

22 ‘‘(b) SUBSTANCE ABUSE TESTING REQUIREMENT.—

23 To be eligible to receive funds under this part, a State

24 must agree to implement or continue to require urinalysis

25 or similar testing of individuals in correctional residential
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1 substance abuse treatment programs. Such testing shall

2 include individuals released from residential substance

3 abuse treatment programs who remain in the custody of

4 the State.

5 ‘‘(c) ELIGIBILITY FOR PREFERENCE WITH AFTER

6 CARE COMPONENT.—

7 ‘‘(1) To be eligible for a preference under this

8 part, a State must ensure that individuals who par9 ticipate in the substance abuse treatment program

10 established or implemented with assistance provided

11 under this part will be provided with aftercare serv12 ices.

13 ‘‘(2) State aftercare services must involve the

14 coordination of the correctional facility treatment

15 program with other human service and rehabilitation

16 programs, such as educational and job training pro17 grams, parole supervision programs, half-way house

18 programs, and participation in self-help and peer

19 group programs, that may aid in the rehabilitation

20 of individuals in the substance abuse treatment pro21 gram.

22 ‘‘(3) To qualify as an aftercare program, the

23 head of the substance abuse treatment program, in

24 conjunction with State and local authorities and or25 ganizations involved in substance abuse treatment,
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1 shall assist in placement of substance abuse treat2 ment program participants with appropriate commu3 nity substance abuse treatment facilities when such

4 individuals leave the correctional facility at the end

5 of a sentence or on parole.

6 ‘‘(d) STATE OFFICE.—The Office designated under

7 section 507 of this title—

8 ‘‘(1) shall prepare the application as required

9 under section 1902, and

10 ‘‘(2) shall administer grant funds received

11 under this part, including review of spending, proc12 essing, progress, financial reporting, technical assist13 ance, grant adjustments, accounting, auditing, and

14 fund disbursement.

15 ‘‘SEC. 1903. REVIEW OF STATE APPLICATIONS.

16 ‘‘(a) IN GENERAL.—The Director shall make a grant

17 under section 1901 to carry out the projects described in

18 the application submitted under section 1902 upon deter19 mining that—

20 ‘‘(1) the application is consistent with the re21 quirements of this part; and

22 ‘‘(2) before the approval of the application the

23 Director has made an affirmative finding in writing

24 that the proposed project has been reviewed in ac25 cordance with this part.
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1 ‘‘(b) APPROVAL.—Each application submitted under

2 section 1902 shall be considered approved, in whole or in

3 part, by the Director not later than 45 days after first

4 received unless the Director informs the applicant of spe5 cific reasons for disapproval.

6 ‘‘(c) RESTRICTION.—Grant funds received under this

7 part shall not be used for land acquisition or construction

8 projects.

9 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDER10 ATION.—The Director shall not disapprove any application

11 without first affording the applicant reasonable notice and

12 an opportunity for reconsideration.

13 ‘‘SEC. 1904. ALLOCATION AND DISTRIBUTION OF FUNDS.

14 ‘‘(a) ALLOCATION.—Of the total amount appro15 priated under this part in any fiscal year—

16 ‘‘(1) 0.4 percent shall be allocated to each of

17 the participating States; and

18 ‘‘(2) of the total funds remaining after the allo19 cation under paragraph (1), there shall be allocated

20 to each of the participating States an amount which

21 bears the same ratio to the amount of remaining

22 funds described in this paragraph as the State pris23 on population of such State bears to the total prison

24 population of all the participating States.
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1 ‘‘(b) FEDERAL SHARE.—The Federal share of a

2 grant made under this part may not exceed 75 percent

3 of the total costs of the projects described in the applica4 tion submitted under section 1902 for the fiscal year for

5 which the projects receive assistance under this part.

6 ‘‘SEC. 1905. EVALUATION.

7 ‘‘Each State that receives a grant under this part

8 shall submit to the Director an evaluation not later than

9 March 1 of each year in such form and containing such

10 information as the Director may reasonably require.’’.

11 (b) CONFORMING AMENDMENT.—The table of con12 tents of title I of the Omnibus Crime Control and Safe

13 Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended

14 by inserting after the matter relating to part R (as added

15 by section 2201(b)) the following:

‘‘PART S—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS

‘‘Sec. 1901. Grant authorization.

‘‘Sec. 1902. State applications.

‘‘Sec. 1903. Review of State applications.

‘‘Sec. 1904. Allocation and distribution of funds.

‘‘Sec. 1905. Evaluation.’’.

16 (c) DEFINITIONS.—Section 901(a) of the Omnibus

17 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

18 3791(a)) is amended by adding after paragraph (24) (as

19 added by section 2101(c)) the following:

20 ‘‘(25) The term ‘residential substance abuse

21 treatment program’ means a course of individual

22 and group activities, lasting between 9 and 12
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1 months, in residential treatment facilities set apart

2 from the general prison population—

3 ‘‘(A) directed at the substance abuse prob4 lems of the prisoner; and

5 ‘‘(B) intended to develop the prisoner’s

6 cognitive, behavioral, social, vocational, and

7 other skills so as to solve the prisoner’s sub8 stance abuse and related problems.’’.

9 SEC. 2302. AUTHORIZATION OF APPROPRIATIONS.

10 Section 1001(a) of title I of the Omnibus Crime Con11 trol and Safe Streets Act of 1968 (42 U.S.C. 3793), is

12 amended by adding after paragraph (12) (as added by sec13 tion 2202) the following:

14 ‘‘(13) There are authorized to be appropriated

15 $100,000,000 for each of the fiscal years 1994, 1995, and

16 1996 to carry out the projects under part S.’’.

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