H. R. 3355—77
‘‘(2) 1.2, with respect to the remainder of such amount.
‘‘§ 6707. State variation of local government allocations
‘‘(a) STATE FORMULA.—A State government may provide by
law for the allocation of amounts among units of general local
government in the State on the basis of population multiplied
by the general tax effort factors or income gaps of the units of
general local government determined under sections 6705 (a) and
(b) or a combination of those factors. A State government providing
for a variation of an allocation formula provided under sections
6705 (a) and (b) shall notify the Secretary of the variation by
the 30th day before the beginning of the first payment period
in which the variation applies. A variation shall—
‘‘(1) provide for allocating the total amount allocated under
sections 6705 (a) and (b); and
‘‘(2) apply uniformly in the State.
‘‘(b) CERTIFICATION.—A variation by a State government under
this section may apply only if the Secretary certifies that the
variation complies with this section. The Secretary may certify
a variation only if the Secretary is notified of the variation at
least 30 days before the first payment period in which the variation
applies.
‘‘§ 6708. Adjustments of local government allocations
‘‘(a) MAXIMUM AMOUNT.—The amount allocated to a unit of
general local government for a payment period may not exceed
the adjusted taxes imposed by the unit of general local government
as determined under section 6705(b)(3). Amounts in excess of
adjusted taxes shall be paid to the Governor of the State in which
the unit of local government is located.
‘‘(b) DE MINIMIS ALLOCATIONS TO UNITS OF GENERAL LOCAL
GOVERNMENT.—If the amount allocated to a unit of general local
government (except an Indian tribe or an Alaskan native village)
for a payment period would be less than $5,000 but for this sub-
section or is waived by the governing authority of the unit of
general local government, the Secretary shall pay the amount to
the Governor of the State in which the unit is located.
‘‘(c) USE OF PAYMENTS TO STATES.—The Governor of a State
shall use all amounts paid to the Governor under subsections (a)
and (b) for programs described in section 6701(a)(2) in areas of
the State where are located the units of general local government
with respect to which amounts are paid under subsection (b).
‘‘(d) DE MINIMIS ALLOCATIONS TO INDIAN TRIBES AND ALASKAN
NATIVE VILLAGES.—
‘‘(1) AGGREGATION
OF
DE
MINIMIS
ALLOCATIONS.—If the
amount allocated to an Indian tribe or an Alaskan native
village for a payment period would be less than $5,000 but
for this subsection or is waived by the chief elected official
of the tribe or village, the amount—
‘‘(A) shall not be paid to the tribe or village (except
under paragraph (2)); and
‘‘(B) shall be aggregated with other such amounts and
available 
for 
use 
by 
the 
Attorney 
General 
under
paragraph (2).
‘‘(2) USE OF AGGREGATED AMOUNTS.—Amounts aggregated
under paragraph (1) for a payment period shall be available
for use by the Attorney General to make grants in the payment
H. R. 3355—78
period on a competitive basis to Indian Tribes and Alaskan
native village for—
‘‘(A) programs described in section 6701(a)(2); or
‘‘(B) renovating or building prisons or other correctional
facilities.
‘‘§ 6709. Information used in allocation formulas
‘‘(a) POPULATION DATA FOR PAYMENT PERIOD BEGINNING OCTO-
BER 1, 1994.—For the payment period beginning October 1, 1994,
the Secretary, in making allocations pursuant to sections 6704
through 6706 and 6708, shall use for the population of the States
the population for 1992 as reported by the Bureau of the Census
in the publication Current Population Reports, Series P–25, No.
1045 (July 1992) and for the population of units of general local
government the Secretary shall use the population for 1990 as
reported by the Bureau of the Census in the publication Summary
Social, Economic, and Housing Characteristics.
‘‘(b) DATA FOR PAYMENT PERIODS BEGINNING AFTER SEPTEMBER
30, 1995.—For any payment period beginning after September 30,
1995, the Secretary, in making allocations pursuant to sections
6704 through 6706 and 6708, shall use information more recent
than the information used for the payment period beginning October
1, 1994, provided the Secretary notifies the Committee on Govern-
ment Operations of the House of Representatives at least 90 days
prior to the beginning of the payment period that the Secretary
has determined that the more recent information is more reliable
than the information used for the payment period beginning
October 1, 1994.
‘‘§ 6710. Public participation
‘‘(a) HEARINGS.—
‘‘(1) IN
GENERAL.—A unit of general local government
expending payments under this chapter shall hold at least
one public hearing on the proposed use of the payment in
relation to its entire budget. At the hearing, persons shall
be given an opportunity to provide written and oral views
to the governmental authority responsible for enacting the
budget and to ask questions about the entire budget and the
relation of the payment to the entire budget. The government
shall hold the hearing at a time and a place that allows and
encourages public attendance and participation.
‘‘(2) SENIOR CITIZENS.—A unit of general local government
holding a hearing required under this subsection or by the
budget process of the government shall try to provide senior
citizens and senior citizen organizations with an opportunity
to present views at the hearing before the government makes
a final decision on the use of the payment.
‘‘(b) DISCLOSURE OF INFORMATION.—
‘‘(1) IN
GENERAL.—By the 10th day before a hearing
required under subsection (a)(1) is held, a unit of general local
government shall—
‘‘(A) make available for inspection by the public at
the principal office of the government a statement of the
proposed use of the payment and a summary of the pro-
posed budget of the government; and
‘‘(B) publish in at least one newspaper of general cir-
culation the proposed use of the payment with the summary
H. R. 3355—79
of the proposed budget and a notice of the time and place
of the hearing.
‘‘(2) AVAILABILITY.—By the 30th day after adoption of the
budget under State or local law, the government shall—
‘‘(A) make available for inspection by the public at
the principal office of the government a summary of the
adopted budget, including the proposed use of the payment;
and
‘‘(B) publish in at least one newspaper of general cir-
culation a notice that the information referred to in
subparagraph (A) is available for inspection.
‘‘(c) WAIVERS OF REQUIREMENTS.—A requirement—
‘‘(1) under subsection (a)(1) may be waived if the budget
process required under the applicable State or local law or
charter provisions—
‘‘(A) ensures the opportunity for public attendance and
participation contemplated by subsection (a); and
‘‘(B) includes a hearing on the proposed use of a pay-
ment received under this chapter in relation to the entire
budget of the government; and
‘‘(2) under subsection (b)(1)(B) and paragraph (2)(B) may
be waived if the cost of publishing the information would be
unreasonably burdensome in relation to the amount allocated
to the government from amounts available for payment under
this chapter, or if publication is otherwise impracticable.
‘‘(d) EXCEPTION
TO 10-DAY LIMITATION.—If the Secretary is
satisfied that a unit of general local government will provide ade-
quate notice of the proposed use of a payment received under
this chapter, the 10-day period under subsection (b)(1) may be
changed to the extent necessary to comply with applicable State
or local law.
‘‘§ 6711. Prohibited discrimination
‘‘(a) GENERAL PROHIBITION.—No person in the United States
shall be excluded from participating in, be denied the benefits
of, or be subject to discrimination under, a program or activity
of a unit of general local government because of race, color, national
origin, or sex if the government receives a payment under this
chapter.
‘‘(b) ADDITIONAL PROHIBITIONS.—The following prohibitions and
exemptions also apply to a program or activity of a unit of general
local government if the government receives a payment under this
chapter:
‘‘(1) A prohibition against discrimination because of age
under the Age Discrimination Act of 1975.
‘‘(2) A prohibition against discrimination against an other-
wise qualified handicapped individual under section 504 of
the Rehabilitation Act of 1973.
‘‘(3) A prohibition against discrimination because of reli-
gion, or an exemption from that prohibition, under the Civil
Rights Act of 1964 or title VIII of the Act of April 11, 1968
(popularly known as the Civil Rights Act of 1968).
‘‘(c) LIMITATIONS
ON APPLICABILITY
OF PROHIBITIONS.—Sub-
sections (a) and (b) do not apply if the government shows, by
clear and convincing evidence, that a payment received under this
chapter is not used to pay for any part of the program or activity
with respect to which the allegation of discrimination is made.
H. R. 3355—80
‘‘(d) INVESTIGATION AGREEMENTS.—The Secretary shall try to
make agreements with heads of agencies of the United States
Government and State agencies to investigate noncompliance with
this section. An agreement shall—
‘‘(1) describe the cooperative efforts to be taken (including
sharing civil rights enforcement personnel and resources) to
obtain compliance with this section; and
‘‘(2) provide for notifying immediately the Secretary of
actions brought by the United States Government or State
agencies against a unit of general local government alleging
a violation of a civil rights law or a regulation prescribed
under a civil rights law.
‘‘§ 6712. Discrimination proceedings
‘‘(a) NOTICE OF NONCOMPLIANCE.—By the 10th day after the
Secretary makes a finding of discrimination or receives a holding
of discrimination about a unit of general local government, the
Secretary shall submit a notice of noncompliance to the government.
The notice shall state the basis of the finding or holding.
‘‘(b) INFORMAL PRESENTATION OF EVIDENCE.—A unit of general
local government may present evidence informally to the Secretary
within 30 days after the government receives a notice of noncompli-
ance from the Secretary. Except as provided in subsection (e),
the government may present evidence on whether—
‘‘(1) a person in the United States has been excluded or
denied benefits of, or discriminated against under, the program
or activity of the government, in violation of section 6711(a);
‘‘(2) the program or activity of the government violated
a prohibition described in section 6711(b); and
‘‘(3) any part of that program or activity has been paid
for with a payment received under this chapter.
‘‘(c) TEMPORARY SUSPENSION OF PAYMENTS.—By the end of the
30-day period under subsection (b), the Secretary shall decide
whether the unit of general local government has not complied
with section 6711 (a) or (b), unless the government has entered
into a compliance agreement under section 6714. If the Secretary
decides that the government has not complied, the Secretary shall
notify the government of the decision and shall suspend payments
to the government under this chapter unless, within 10 days after
the government receives notice of the decision, the government—
‘‘(1) enters into a compliance agreement under section 6714;
or
‘‘(2) requests a proceeding under subsection (d)(1).
‘‘(d) ADMINISTRATIVE REVIEW OF SUSPENSIONS.—
‘‘(1) PROCEEDING.—A proceeding requested under sub-
section (c)(2) shall begin by the 30th day after the Secretary
receives a request for the proceeding. The proceeding shall
be before an administrative law judge appointed under section
3105 of title 5, United States Code. By the 30th day after
the beginning of the proceeding, the judge shall issue a prelimi-
nary decision based on the record at the time on whether
the unit of general local government is likely to prevail in
showing compliance with section 6711 (a) or (b).
‘‘(2) DECISION.—If the administrative law judge decides
at the end of a proceeding under paragraph (1) that the unit
of general local government has—
H. R. 3355—81
‘‘(A) not complied with section 6711 (a) or (b), the
judge may order payments to the government under this
chapter terminated; or
‘‘(B) complied with section 6711 (a) or (b), a suspension
under section 6713(a)(1)(A) shall be discontinued promptly.
‘‘(3) LIKELIHOOD OF PREVAILING.—An administrative law
judge may not issue a preliminary decision that the government
is not likely to prevail if the judge has issued a decision
described in paragraph (2)(A).
‘‘(e) BASIS
FOR REVIEW.—In a proceeding under subsections
(b) through (d) on a program or activity of a unit of general local
government about which a holding of discrimination has been made,
the Secretary or administrative law judge may consider only
whether a payment under this chapter was used to pay for any
part of the program or activity. The holding of discrimination is
conclusive. If the holding is reversed by an appellate court, the
Secretary or judge shall end the proceeding.
‘‘§ 6713. Suspension and termination of payments in discrimi-
nation proceedings
‘‘(a) IMPOSITION AND CONTINUATION OF SUSPENSIONS.—
‘‘(1) IN GENERAL.—The Secretary shall suspend payment
under this chapter to a unit of general local government—
‘‘(A) if an administrative law judge appointed under
section 3105 of title 5, United States Code, issues a prelimi-
nary decision in a proceeding under section 6712(d)(1) that
the government is not likely to prevail in showing compli-
ance with section 6711 (a) and (b);
‘‘(B) if the administrative law judge decides at the
end of the proceeding that the government has not complied
with section 6711 (a) or (b), unless the government makes
a compliance agreement under section 6714 by the 30th
day after the decision; or
‘‘(C) if required under section 6712(c).
‘‘(2) EFFECTIVENESS.—A suspension already ordered under
paragraph (1)(A) continues in effect if the administrative law
judge makes a decision under paragraph (1)(B).
‘‘(b) LIFTING OF SUSPENSIONS AND TERMINATIONS.—If a holding
of discrimination is reversed by an appellate court, a suspension
or termination of payments in a proceeding based on the holding
shall be discontinued.
‘‘(c) RESUMPTION OF PAYMENTS UPON ATTAINING COMPLIANCE.—
The Secretary may resume payment to a unit of general local
government of payments suspended by the Secretary only—
‘‘(1) as of the time of, and under the conditions stated
in—
‘‘(A) the approval by the Secretary of a compliance
agreement under section 6714(a)(1); or
‘‘(B) a compliance agreement entered into by the Sec-
retary under section 6714(a)(2);
‘‘(2) if the government complies completely with an order
of a United States court, a State court, or administrative law
judge that covers all matters raised in a notice of noncompliance
submitted by the Secretary under section 6712(a);
‘‘(3) if a United States court, a State court, or an adminis-
trative law judge decides (including a judge in a proceeding
H. R. 3355—82
under section 6712(d)(1)), that the government has complied
with sections 6711 (a) and (b); or
‘‘(4) if a suspension is discontinued under subsection (b).
‘‘(d) PAYMENT OF DAMAGES AS COMPLIANCE.—For purposes of
subsection (c)(2), compliance by a government may consist of the
payment of restitution to a person injured because the government
did not comply with section 6711 (a) or (b).
‘‘(e) RESUMPTION OF PAYMENTS UPON REVERSAL BY COURT.—
The Secretary may resume payment to a unit of general local
government of payments terminated under section 6712(d)(2)(A)
only if the decision resulting in the termination is reversed by
an appellate court.
‘‘§ 6714. Compliance agreements
‘‘(a) TYPES OF COMPLIANCE AGREEMENTS.—A compliance agree-
ment is an agreement—
‘‘(1) approved by the Secretary, between the governmental
authority responsible for prosecuting a claim or complaint that
is the basis of a holding of discrimination and the chief execu-
tive officer of the unit of general local government that has
not complied with section 6711 (a) or (b); or
‘‘(2) between the Secretary and the chief executive officer.
‘‘(b) CONTENTS OF AGREEMENTS.—A compliance agreement—
‘‘(1) shall state the conditions the unit of general local
government has agreed to comply with that would satisfy the
obligations of the government under sections 6711 (a) and (b);
‘‘(2) shall cover each matter that has been found not to
comply, or would not comply, with section 6711 (a) or (b);
and
‘‘(3) may be a series of agreements that dispose of those
matters.
‘‘(c) AVAILABILITY OF AGREEMENTS TO PARTIES.—The Secretary
shall submit a copy of a compliance agreement to each person
who filed a complaint referred to in section 6716(b), or, if an
agreement under subsection (a)(1), each person who filed a com-
plaint with a governmental authority, about a failure to comply
with section 6711 (a) or (b). The Secretary shall submit the copy
by the 15th day after an agreement is made. However, if the
Secretary approves an agreement under subsection (a)(1) after the
agreement is made, the Secretary may submit the copy by the
15th day after approval of the agreement.
‘‘§ 6715. Enforcement by the Attorney General of prohibitions
on discrimination
‘‘The Attorney General may bring a civil action in an appro-
priate district court of the United States against a unit of general
local government that the Attorney General has reason to believe
has engaged or is engaging in a pattern or practice in violation
of section 6711 (a) or (b). The court may grant—
‘‘(1) a temporary restraining order;
‘‘(2) an injunction; or
‘‘(3) an appropriate order to ensure enjoyment of rights
under section 6711 (a) or (b), including an order suspending,
terminating, or requiring repayment of, payments under this
chapter or placing additional payments under this chapter in
escrow pending the outcome of the action.
H. R. 3355—83
‘‘§ 6716. Civil action by a person adversely affected
‘‘(a) AUTHORITY
FOR PRIVATE SUITS
IN FEDERAL
OR STATE
COURT.—If a unit of general local government, or an officer or
employee of a unit of general local government acting in an official
capacity, engages in a practice prohibited by this chapter, a person
adversely affected by the practice may bring a civil action in an
appropriate district court of the United States or a State court
of general jurisdiction. Before bringing an action under this section,
the person must exhaust administrative remedies under subsection
(b).
‘‘(b) ADMINISTRATIVE REMEDIES REQUIRED TO BE EXHAUSTED.—
A person adversely affected shall file an administrative complaint
with the Secretary or the head of another agency of the United
States Government or the State agency with which the Secretary
has an agreement under section 6711(d). Administrative remedies
are deemed to be exhausted by the person after the 90th day
after the complaint was filed if the Secretary, the head of the
Government agency, or the State agency—
‘‘(1) issues a decision that the government has not failed
to comply with this chapter; or
‘‘(2) does not issue a decision on the complaint.
‘‘(c) AUTHORITY OF COURT.—In an action under this section,
the court—
‘‘(1) may grant—
‘‘(A) a temporary restraining order;
‘‘(B) an injunction; or
‘‘(C) another order, including suspension, termination,
or repayment of, payments under this chapter or placement
of additional payments under this chapter in escrow pend-
ing the outcome of the action; and
‘‘(2) to enforce compliance with section 6711 (a) or (b),
may allow a prevailing party (except the United States Govern-
ment) a reasonable attorney’s fee.
‘‘(d) INTERVENTION BY ATTORNEY GENERAL.—In an action under
this section to enforce compliance with section 6711 (a) or (b),
the Attorney General may intervene in the action if the Attorney
General certifies that the action is of general public importance.
The United States Government is entitled to the same relief as
if the Government had brought the action and is liable for the
same fees and costs as a private person.
‘‘§ 6717. Judicial review
‘‘(a) APPEALS IN FEDERAL COURT OF APPEALS.—A unit of general
local government which receives notice from the Secretary about
withholding payments under section 6703(f), suspending payments
under section 6713(a)(1)(B), or terminating payments under section
6712(d)(2)(A), may apply for review of the action of the Secretary
by filing a petition for review with the court of appeals of the
United States for the circuit in which the government is located.
The petition shall be filed by the 60th day after the date the
notice is received. The clerk of the court shall immediately send
a copy of the petition to the Secretary.
‘‘(b) FILING OF RECORD OF ADMINISTRATIVE PROCEEDING.—The
Secretary shall file with the court a record of the proceeding on
which the Secretary based the action. The court may consider
only objections to the action of the Secretary that were presented
before the Secretary.
H. R. 3355—84
‘‘(c) COURT ACTION.—The court may affirm, change, or set aside
any part of the action of the Secretary. The findings of fact by
the Secretary are conclusive if supported by substantial evidence
in the record. If a finding is not supported by substantial evidence
in the record, the court may remand the case to the Secretary
to take additional evidence. Upon such a remand, the Secretary
may make new or modified findings and shall certify additional
proceedings to the court.
‘‘(d) REVIEW ONLY BY SUPREME COURT.—A judgment of a court
under this section may be reviewed only by the Supreme Court
under section 1254 of title 28, United States Code.
‘‘§ 6718. Investigations and reviews
‘‘(a) INVESTIGATIONS BY SECRETARY.—
‘‘(1) IN GENERAL.—The Secretary shall within a reasonable
time limit—
‘‘(A) carry out an investigation and make a finding
after receiving a complaint referred to in section 6716(b),
a determination by a State or local administrative agency,
or other information about a possible violation of this
chapter;
‘‘(B) carry out audits and reviews (including investiga-
tions of allegations) about possible violations of this chap-
ter; and
‘‘(C) advise a complainant of the status of an audit,
investigation, or review of an allegation by the complainant
of a violation of section 6711 (a) or (b) or other provision
of this chapter.
‘‘(2) TIME LIMIT.—The maximum time limit under para-
graph (1)(A) is 120 days.
‘‘(b) REVIEWS
BY COMPTROLLER GENERAL.—The Comptroller
General of the United States shall carry out reviews of the activities
of the Secretary, State governments, and units of general local
government necessary for the Congress to evaluate compliance and
operations under this chapter. These reviews shall include a
comparison of the waste and inefficiency of local governments using
funds under this chapter compared to waste and inefficiency with
other comparable Federal programs.
‘‘§ 6719. Reports
‘‘(a) REPORTS BY SECRETARY TO CONGRESS.—Before June 2 of
each year prior to 2002, the Secretary personally shall report to
the Congress on—
‘‘(1) the status and operation of the Local Government
Fiscal Assistance Fund during the prior fiscal year; and
‘‘(2) the administration of this chapter, including a complete
and detailed analysis of—
‘‘(A) actions taken to comply with sections 6711 through
6715, including a description of the kind and extent of
noncompliance and the status of pending complaints;
‘‘(B) the extent to which units of general local govern-
ment receiving payments under this chapter have complied
with the requirements of this chapter;
‘‘(C) the way in which payments under this chapter
have been distributed in the jurisdictions receiving pay-
ments; and
H. R. 3355—85
‘‘(D) significant problems in carrying out this chapter
and recommendations for legislation to remedy the
problems.
‘‘(b) REPORTS BY UNITS OF GENERAL LOCAL GOVERNMENT TO
SECRETARY.—
‘‘(1) IN
GENERAL.—At the end of each fiscal year, each
unit of general local government which received a payment
under this chapter for the fiscal year shall submit a report
to the Secretary. The report shall be submitted in the form
and at a time prescribed by the Secretary and shall be available
to the public for inspection. The report shall state—
‘‘(A) the amounts and purposes for which the payment
has been appropriated, expended, or obligated in the fiscal
year;
‘‘(B) the relationship of the payment to the relevant
functional items in the budget of the government; and
‘‘(C) the differences between the actual and proposed
use of the payment.
‘‘(2) AVAILABILITY OF REPORT.—The Secretary shall provide
a copy of a report submitted under paragraph (1) by a unit
of general local government to the chief executive officer of
the State in which the government is located. The Secretary
shall provide the report in the manner and form prescribed
by the Secretary.
‘‘§ 6720. Definitions, application, and administration
‘‘(a) DEFINITIONS.—In this chapter—
‘‘(1) ‘unit of general local government’ means—
‘‘(A) a county, township, city, or political subdivision
of a county, township, or city, that is a unit of general
local government as determined by the Secretary of Com-
merce for general statistical purposes; and
‘‘(B) the District of Columbia and the recognized
governing body of an Indian tribe or Alaskan Native village
that carries out substantial governmental duties and
powers;
‘‘(2) ‘payment period’ means each 1-year period beginning
on October 1 of the years 1994 through 2000;
‘‘(3) ‘State and local taxes’ means taxes imposed by a State
government or unit of general local government or other politi-
cal subdivision of a State government for public purposes
(except employee and employer assessments and contributions
to finance retirement and social insurance systems and other
special assessments for capital outlay) as determined by the
Secretary of Commerce for general statistical purposes;
‘‘(4) ‘State’ means any of the several States and the District
of Columbia;
‘‘(5) ‘income’ means the total money income received from
all sources as determined by the Secretary of Commerce for
general statistical purposes, which for units of general local
government is reported by the Bureau of the Census for 1990
in the publication Summary Social, Economic, and Housing
Characteristics;
‘‘(6) ‘per capita income’ means—
‘‘(A) in the case of the United States, the income of
the United States divided by the population of the United
States;
H. R. 3355—86
‘‘(B) in the case of a State, the income of that State,
divided by the population of that State; and
‘‘(C) in the case of a unit of general local government,
the income of that unit of general local government divided
by the population of the unit of general local government;
‘‘(7) ‘finding of discrimination’ means a decision by the
Secretary about a complaint described in section 6716(b), a
decision by a State or local administrative agency, or other
information (under regulations prescribed by the Secretary)
that it is more likely than not that a unit of general local
government has not complied with section 6711 (a) or (b);
‘‘(8) ‘holding of discrimination’ means a holding by a United
States court, a State court, or an administrative law judge
appointed under section 3105 of title 5, United States Code,
that a unit of general local government expending amounts
received under this chapter has—
‘‘(A) excluded a person in the United States from
participating in, denied the person the benefits of, or sub-
jected the person to discrimination under, a program or
activity because of race, color, national origin, or sex; or
‘‘(B) violated a prohibition against discrimination
described in section 6711(b); and
‘‘(9) ‘Secretary’ means the Secretary of Housing and Urban
Development.
‘‘(b) DELEGATION
OF
ADMINISTRATION.—The Secretary may
enter into agreements with other executive branch departments
and agencies to delegate to that department or agency all or part
of the Secretary’s responsibility for administering this chapter.
‘‘(c) TREATMENT OF SUBSUMED AREAS.—If the entire geographic
area of a unit of general local government is located in a larger
entity, the unit of general local government is deemed to be located
in the larger entity. If only part of the geographic area of a unit
is located in a larger entity, each part is deemed to be located
in the larger entity and to be a separate unit of general local
government in determining allocations under this chapter. Except
as provided in regulations prescribed by the Secretary, the Secretary
shall make all data computations based on the ratio of the estimated
population of the part to the population of the entire unit of general
local government.
‘‘(d) BOUNDARY
AND OTHER CHANGES.—If a boundary line
change, a State statutory or constitutional change, annexation,
a governmental reorganization, or other circumstance results in
the application of sections 6704 through 6708 in a way that does
not carry out the purposes of sections 6701 through 6708, the
Secretary shall apply sections 6701 through 6708 under regulations
of the Secretary in a way that is consistent with those purposes.’’.
(b) ISSUANCE OF REGULATIONS.—Within 90 days of the date
of enactment of this Act the Secretary shall issue regulations,
which may be interim regulations, to implement subsection (a),
modifying the regulations for carrying into effect the Revenue Shar-
ing Act that were in effect as of July 1, 1987, and that were
published in 31 C.F.R. part 51. The Secretary need not hold a
public hearing before issuing these regulations.
(c) DEFICIT NEUTRALITY.—Any appropriation to carry out the
amendment made by this subtitle to title 31, United States Code,
for fiscal year 1995 or 1996 shall be offset by cuts elsewhere
in appropriations for that fiscal year.
H. R. 3355—87
SEC. 31002. TECHNICAL AMENDMENT.
The table of chapters at the beginning of subtitle V of title
31, United States Code, is amended by adding after the item relat-
ing to chapter 65 the following:
‘‘67. Federal payments ........................................................................................... 6701’’.
Subtitle K—National Community Economic
Partnership
SEC. 31101. SHORT TITLE.
This subtitle may be cited as the ‘‘National Community Eco-
nomic Partnership Act of 1994’’.
CHAPTER 1—COMMUNITY ECONOMIC PARTNERSHIP
INVESTMENT FUNDS
SEC. 31111. PURPOSE.
It is the purpose of this chapter to increase private investment
in distressed local communities and to build and expand the capac-
ity of local institutions to better serve the economic needs of local
residents through the provision of financial and technical assistance
to community development corporations.
SEC. 31112. PROVISION OF ASSISTANCE.
(a) AUTHORITY.—The Secretary of Health and Human Services
(referred to in this subtitle as the ‘‘Secretary’’) may, in accordance
with this chapter, provide nonrefundable lines of credit to commu-
nity development corporations for the establishment, maintenance
or expansion of revolving loan funds to be utilized to finance projects
intended to provide business and employment opportunities for
low-income, unemployed, or underemployed individuals and to
improve the quality of life in urban and rural areas.
(b) REVOLVING LOAN FUNDS.—
(1) COMPETITIVE ASSESSMENT OF APPLICATIONS.—In provid-
ing assistance under subsection (a), the Secretary shall estab-
lish and implement a competitive process for the solicitation
and consideration of applications from eligible entities for lines
of credit for the capitalization of revolving funds.
(2) ELIGIBLE
ENTITIES.—To be eligible to receive a line
of credit under this chapter an applicant shall—
(A) be a community development corporation;
(B) prepare and submit an application to the Secretary
that shall include a strategic investment plan that identi-
fies and describes the economic characteristics of the target
area to be served, the types of business to be assisted
and the impact of such assistance on low-income, under-
employed, and unemployed individuals in the target area;
(C) demonstrate previous experience in the develop-
ment of low-income housing or community or business
development projects in a low-income community and pro-
vide a record of achievement with respect to such projects;
and
(D) have secured one or more commitments from local
sources for contributions (either in cash or in kind, letters
of credit or letters of commitment) in an amount that
H. R. 3355—88
is at least equal to the amount requested in the application
submitted under subparagraph (B).
(3) EXCEPTION.—Notwithstanding the provisions of para-
graph (2)(D), the Secretary may reduce local contributions to
not less than 25 percent of the amount of the line of credit
requested by the community development corporation if the
Secretary determines such to be appropriate in accordance with
section 31116.
SEC. 31113. APPROVAL OF APPLICATIONS.
(a) IN GENERAL.—In evaluating applications submitted under
section 31112(b)(2)(B), the Secretary shall ensure that—
(1) the residents of the target area to be served (as identi-
fied under the strategic development plan) would have an
income that is less than the median income for the area (as
determined by the Secretary);
(2) the applicant community development corporation pos-
sesses the technical and managerial capability necessary to
administer a revolving loan fund and has past experience in
the development and management of housing, community and
economic development programs;
(3) the applicant community development corporation has
provided sufficient evidence of the existence of good working
relationships with—
(A) local businesses and financial institutions, as well
as with the community the corporation proposes to serve;
and
(B) local and regional job training programs;
(4) the applicant community development corporation will
target job opportunities that arise from revolving loan fund
investments under this chapter so that 75 percent of the jobs
retained or created under such investments are provided to—
(A) individuals with—
(i) incomes that do not exceed the Federal poverty
line; or
(ii) incomes that do not exceed 80 percent of the
median income of the area;
(B) individuals who are unemployed or underemployed;
(C) individuals who are participating or have partici-
pated in job training programs authorized under the Job
Training Partnership Act (29 U.S.C. 1501 et seq.) or the
Family Support Act of 1988 (Public Law 100–485);
(D) individuals whose jobs may be retained as a result
of the provision of financing available under this chapter;
or
(E) individuals who have historically been under-
represented in the local economy; and
(5) a representative cross section of applicants are
approved, including large and small community development
corporations, urban and rural community development corpora-
tions and community development corporations representing
diverse populations.
(b) PRIORITY.—In determining which application to approve
under this chapter the Secretary shall give priority to those
applicants proposing to serve a target area—
H. R. 3355—89
(1) with a median income that does not exceed 80 percent
of the median for the area (as determined by the Secretary);
and
(2) with a high rate of unemployment, as determined by
the Secretary or in which the population loss is at least 7
percent from April 1, 1980, to April 1, 1990, as reported by
the Bureau of the Census.
SEC. 31114. AVAILABILITY OF LINES OF CREDIT AND USE.
(a) APPROVAL OF APPLICATION.—The Secretary shall provide
a community development corporation that has an application
approved under section 31113 with a line of credit in an amount
determined appropriate by the Secretary, subject to the limitations
contained in subsection (b).
(b) LIMITATIONS ON AVAILABILITY OF AMOUNTS.—
(1) MAXIMUM AMOUNT.—The Secretary shall not provide
in excess of $2,000,000 in lines of credit under this chapter
to a single applicant.
(2) PERIOD
OF
AVAILABILITY.—A line of credit provided
under this chapter shall remain available over a period of
time established by the Secretary, but in no event shall any
such period of time be in excess of 3 years from the date
on which such line of credit is made available.
(3) EXCEPTION.—Notwithstanding paragraphs (1) and (2),
if a recipient of a line of credit under this chapter has made
full and productive use of such line of credit, can demonstrate
the need and demand for additional assistance, and can meet
the requirements of section 31112(b)(2), the amount of such
line of credit may be increased by not more than $1,500,000.
(c) AMOUNTS DRAWN FROM LINE OF CREDIT.—Amounts drawn
from each line of credit under this chapter shall be used solely
for the purposes described in section 31111 and shall only be
drawn down as needed to provide loans, investments, or to defray
administrative costs related to the establishment of a revolving
loan fund.
(d) USE OF REVOLVING LOAN FUNDS.—Revolving loan funds
established with lines of credit provided under this chapter may
be used to provide technical assistance to private business enter-
prises and to provide financial assistance in the form of loans,
loan guarantees, interest reduction assistance, equity shares, and
other such forms of assistance to business enterprises in target
areas and who are in compliance with section 31113(a)(4).
SEC. 31115. LIMITATIONS ON USE OF FUNDS.
(a) MATCHING REQUIREMENT.—Not to exceed 50 percent of the
total amount to be invested by an entity under this chapter may
be derived from funds made available from a line of credit under
this chapter.
(b) TECHNICAL
ASSISTANCE
AND
ADMINISTRATION.—Not to
exceed 10 percent of the amounts available from a line of credit
under this chapter shall be used for the provision of training or
technical assistance and for the planning, development, and
management of economic development projects. Community develop-
ment corporations shall be encouraged by the Secretary to seek
technical assistance from other community development corpora-
tions, with expertise in the planning, development and management
of economic development projects. The Secretary shall assist in
the identification and facilitation of such technical assistance.
H. R. 3355—90
(c) LOCAL AND PRIVATE SECTOR CONTRIBUTIONS.—To receive
funds available under a line of credit provided under this chapter,
an entity, using procedures established by the Secretary, shall
demonstrate to the community development corporation that such
entity agrees to provide local and private sector contributions in
accordance with section 31112(b)(2)(D), will participate with such
community development corporation in a loan, guarantee or invest-
ment program for a designated business enterprise, and that the
total financial commitment to be provided by such entity is at
least equal to the amount to be drawn from the line of credit.
(d) USE OF PROCEEDS FROM INVESTMENTS.—Proceeds derived
from investments made using funds made available under this
chapter may be used only for the purposes described in section
31111 and shall be reinvested in the community in which they
were generated.
SEC. 31116. PROGRAM PRIORITY FOR SPECIAL EMPHASIS PROGRAMS.
(a) IN GENERAL.—The Secretary shall give priority in providing
lines of credit under this chapter to community development cor-
porations that propose to undertake economic development activities
in distressed communities that target women, Native Americans,
at risk youth, farmworkers, population-losing communities, very
low-income communities, single mothers, veterans, and refugees;
or that expand employee ownership of private enterprises and small
businesses, and to programs providing loans of not more than
$35,000 to very small business enterprises.
(b) RESERVATION OF FUNDS.—Not less than 5 percent of the
amounts made available under section 31112(a)(2)(A) may be
reserved to carry out the activities described in subsection (a).
CHAPTER 2—EMERGING COMMUNITY DEVELOPMENT
CORPORATIONS
SEC. 31121. COMMUNITY DEVELOPMENT CORPORATION IMPROVE-
MENT GRANTS.
(a) PURPOSE.—It is the purpose of this section to provide assist-
ance to community development corporations to upgrade the
management and operating capacity of such corporations and to
enhance the resources available to enable such corporations to
increase their community economic development activities.
(b) SKILL ENHANCEMENT GRANTS.—
(1) IN
GENERAL.—The Secretary shall award grants to
community development corporations to enable such corpora-
tions to attain or enhance the business management and devel-
opment skills of the individuals that manage such corporations
to enable such corporations to seek the public and private
resources necessary to develop community economic develop-
ment projects.
(2) USE OF FUNDS.—A recipient of a grant under paragraph
(1) may use amounts received under such grant—
(A) to acquire training and technical assistance from
agencies or institutions that have extensive experience in
the development and management of low-income commu-
nity economic development projects; or
(B) to acquire such assistance from other highly
successful community development corporations.
(c) OPERATING GRANTS.—
H. R. 3355—91
(1) IN
GENERAL.—The Secretary shall award grants to
community development corporations to enable such corpora-
tions to support an administrative capacity for the planning,
development, and management of low-income community eco-
nomic development projects.
(2) USE OF FUNDS.—A recipient of a grant under paragraph
(1) may use amounts received under such grant—
(A) to conduct evaluations of the feasibility of potential
low-income community economic development projects that
address identified needs in the low-income community and
that conform to those projects and activities permitted
under subtitle A;
(B) to develop a business plan related to such a poten-
tial project; or
(C) to mobilize resources to be contributed to a planned
low-income community economic development project or
strategy.
(d) APPLICATIONS.—A community development corporation that
desires to receive a grant under this section shall prepare and
submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
(e) AMOUNT AVAILABLE FOR A COMMUNITY DEVELOPMENT COR-
PORATION.—Amounts provided under this section to a community
development corporation shall not exceed $75,000 per year. Such
corporations may apply for grants under this section for up to
3 consecutive years, except that such corporations shall be required
to submit a new application for each grant for which such corpora-
tion desires to receive and compete on the basis of such applications
in the selection process.
SEC. 31122. EMERGING COMMUNITY DEVELOPMENT CORPORATION
REVOLVING LOAN FUNDS.
(a) AUTHORITY.—The Secretary may award grants to emerging
community development corporations to enable such corporations
to establish, maintain or expand revolving loan funds, to make
or guarantee loans, or to make capital investments in new or
expanding local businesses.
(b) ELIGIBILITY.—To be eligible to receive a grant under sub-
section (a), an entity shall—
(1) be a community development corporation;
(2) have completed not less than one nor more than two
community economic development projects or related projects
that improve or provide job and employment opportunities to
low-income individuals;
(3) prepare and submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require, including a strategic investment
plan that identifies and describes the economic characteristics
of the target area to be served, the types of business to be
assisted using amounts received under the grant and the impact
of such assistance on low-income individuals; and
(4) have secured one or more commitments from local
sources for contributions (either in cash or in kind, letters
of credit, or letters of commitment) in an amount that is equal
to at least 10 percent of the amounts requested in the applica-
tion submitted under paragraph (2).
(c) USE OF THE REVOLVING LOAN FUND.—
H. R. 3355—92
(1) IN
GENERAL.—A revolving loan fund established or
maintained with amounts received under this section may be
utilized to provide financial and technical assistance, loans,
loan guarantees or investments to private business enterprises
to—
(A) finance projects intended to provide business and
employment opportunities for low-income individuals and
to improve the quality of life in urban and rural areas;
and
(B) build and expand the capacity of emerging commu-
nity development corporations and serve the economic
needs of local residents.
(2) TECHNICAL ASSISTANCE.—The Secretary shall encourage
emerging community development corporations that receive
grants under this section to seek technical assistance from
established community development corporations, with exper-
tise in the planning, development and management of economic
development projects and shall facilitate the receipt of such
assistance.
(3) LIMITATION.—Not to exceed 10 percent of the amounts
received under this section by a grantee shall be used for
training, technical assistance and administrative purposes.
(d) USE OF PROCEEDS FROM INVESTMENTS.—Proceeds derived
from investments made with amounts provided under this section
may be utilized only for the purposes described in this subtitle
and shall be reinvested in the community in which they were
generated.
(e) AMOUNTS AVAILABLE.—Amounts provided under this section
to a community development corporation shall not exceed $500,000
per year.
CHAPTER 3—MISCELLANEOUS PROVISIONS
SEC. 31131. DEFINITIONS.
As used in this subtitle:
(1) COMMUNITY
DEVELOPMENT
CORPORATION.—The term
‘‘community development corporation’’ means a private, non-
profit corporation whose board of directors is comprised of
business, civic and community leaders, and whose principal
purpose includes the provision of low-income housing or commu-
nity economic development projects that primarily benefit low-
income individuals and communities.
(2) LOCAL AND PRIVATE SECTOR CONTRIBUTION.—The term
‘‘local and private sector contribution’’ means the funds avail-
able at the local level (by private financial institutions, State
and local governments) or by any private philanthropic
organization and private, nonprofit organizations that will be
committed and used solely for the purpose of financing private
business enterprises in conjunction with amounts provided
under this subtitle.
(3) POPULATION-LOSING
COMMUNITY.—The term ‘‘popu-
lation-losing community’’ means any county in which the net
population loss is at least 7 percent from April 1, 1980 to
April 1, 1990, as reported by the Bureau of the Census.
(4) PRIVATE BUSINESS ENTERPRISE.—The term ‘‘private busi-
ness enterprise’’ means any business enterprise that is engaged
in the manufacture of a product, provision of a service, construc-
H. R. 3355—93
tion or development of a facility, or that is involved in some
other commercial, manufacturing or industrial activity, and
that agrees to target job opportunities stemming from invest-
ments authorized under this subtitle to certain individuals.
(5) TARGET AREA.—The term ‘‘target area’’ means any area
defined in an application for assistance under this subtitle
that has a population whose income does not exceed the median
for the area within which the target area is located.
(6) VERY LOW-INCOME COMMUNITY.—The term ‘‘very low-
income community’’ means a community in which the median
income of the residents of such community does not exceed
50 percent of the median income of the area.
SEC. 31132. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to
carry out chapters 1 and 2—
(1) $45,000,000 for fiscal year 1996;
(2) $72,000,000 for fiscal year 1997;
(3) $76,500,000 for fiscal year 1998; and
(4) $76,500,000 for fiscal year 1999.
(b) EARMARKS.—Of the aggregate amount appropriated under
subsection (a) for each fiscal year—
(1) 60 percent shall be available to carry out chapter 1;
and
(2) 40 percent shall be available to carry out chapter 2.
(c) AMOUNTS.—Amounts appropriated under subsection (a) shall
remain available for expenditure without fiscal year limitation.
SEC. 31133. PROHIBITION.
None of the funds authorized under this subtitle shall be used
to finance the construction of housing.
Subtitle O—Urban Recreation and At-Risk
Youth
SEC. 31501. PURPOSE OF ASSISTANCE.
Section 1003 of the Urban Park and Recreation Recovery Act
of 1978 is amended by adding the following at the end: ‘‘It is
further the purpose of this title to improve recreation facilities
and expand recreation services in urban areas with a high incidence
of crime and to help deter crime through the expansion of recreation
opportunities for at-risk youth. It is the further purpose of this
section to increase the security of urban parks and to promote
collaboration between local agencies involved in parks and recre-
ation, law enforcement, youth social services, and juvenile justice
system.’’.
SEC. 31502. DEFINITIONS.
Section 1004 of the Urban Park and Recreation Recovery Act
of 1978 is amended by inserting the following new subsection after
subsection (c) and by redesignating subsections (d) through (j) as
(e) through (k), respectively:
‘‘(d) ‘at-risk youth recreation grants’ means—
‘‘(1) rehabilitation grants,
‘‘(2) innovation grants, or
H. R. 3355—94
‘‘(3) matching grants for continuing program support for
programs of demonstrated value or success in providing
constructive alternatives to youth at risk for engaging in crimi-
nal behavior, including grants for operating, or coordinating
recreation programs and services;
in neighborhoods and communities with a high prevalence of crime,
particularly violent crime or crime committed by youthful offenders;
in addition to the purposes specified in subsection (b), rehabilitation
grants referred to in paragraph (1) of this subsection may be used
for the provision of lighting, emergency phones or other capital
improvements which will improve the security of urban parks;’’.
SEC. 31503. CRITERIA FOR SELECTION.
Section 1005 of the Urban Park and Recreation Recovery Act
of 1978 is amended by striking ‘‘and’’ at the end of paragraph
(6), by striking the period at the end of paragraph (7) and inserting
‘‘; and’’ and by adding the following at the end:
‘‘(8) in the case of at-risk youth recreation grants, the
Secretary shall give a priority to each of the following criteria:
‘‘(A) Programs which are targeted to youth who are
at the greatest risk of becoming involved in violence and
crime.
‘‘(B) Programs which teach important values and life
skills, including teamwork, respect, leadership, and self-
esteem.
‘‘(C) Programs which offer tutoring, remedial education,
mentoring, and counseling in addition to recreation
opportunities.
‘‘(D) Programs which offer services during late night
or other nonschool hours.
‘‘(E) 
Programs 
which 
demonstrate 
collaboration
between local park and recreation, juvenile justice, law
enforcement, and youth social service agencies and non-
governmental entities, including the private sector and
community and nonprofit organizations.
‘‘(F) Programs which leverage public or private recre-
ation investments in the form of services, materials, or
cash.
‘‘(G) Programs which show the greatest potential of
being continued with non-Federal funds or which can serve
as models for other communities.’’.
SEC. 31504. PARK AND RECREATION ACTION RECOVERY PROGRAMS.
Section 1007(b) of the Urban Park and Recreation Recovery
Act of 1978 is amended by adding the following at the end: ‘‘In
order to be eligible to receive ‘at-risk youth recreation grants’ a
local government shall amend its 5-year action program to incor-
porate the goal of reducing crime and juvenile delinquency and
to provide a description of the implementation strategies to achieve
this goal. The plan shall also address how the local government
is coordinating its recreation programs with crime prevention efforts
of law enforcement, juvenile corrections, and youth social service
agencies.’’.
SEC. 31505. MISCELLANEOUS AND TECHNICAL AMENDMENTS.
(a) PROGRAM SUPPORT.—Section 1013 of the Urban Park and
Recreation Recovery Act of 1978 is amended by inserting ‘‘(a) IN
H. R. 3355—95
GENERAL.—’’ after ‘‘1013’’ and by adding the following new sub-
section at the end:
‘‘(b) PROGRAM SUPPORT.—Not more than 25 percent of the
amounts made available under this title to any local government
may be used for program support.’’.
(b) EXTENSION.—Section 1003 of the Urban Park and Recreation
Recovery Act of 1978 is amended by striking ‘‘for a period of five
years’’ and by striking ‘‘short-term’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this subtitle—
(1) $2,700,000 for fiscal year 1996;
(2) $450,000 for fiscal year 1997;
(3) $450,000 for fiscal year 1998;
(4) $450,000 for fiscal year 1999; and
(5) $450,000 for fiscal year 2000.
Subtitle Q—Community-Based Justice
Grants for Prosecutors
SEC. 31701. GRANT AUTHORIZATION.
(a) IN GENERAL.—The Attorney General may make grants to
State, Indian tribal, or local prosecutors for the purpose of support-
ing the creation or expansion of community-based justice programs.
(b) CONSULTATION.—The Attorney General may consult with
the Ounce of Prevention Council in making grants under subsection
(a).
SEC. 31702. USE OF FUNDS.
Grants made by the Attorney General under this section shall
be used—
(1) to fund programs that require the cooperation and
coordination of prosecutors, school officials, police, probation
officers, youth and social service professionals, and community
members in the effort to reduce the incidence of, and increase
the successful identification and speed of prosecution of, young
violent offenders;
(2) to fund programs in which prosecutors focus on the
offender, not simply the specific offense, and impose individual-
ized sanctions, designed to deter that offender from further
antisocial conduct, and impose increasingly serious sanctions
on a young offender who continues to commit offenses;
(3) to fund programs that coordinate criminal justice
resources with educational, social service, and community
resources to develop and deliver violence prevention programs,
including mediation and other conflict resolution methods,
treatment, counseling, educational, and recreational programs
that create alternatives to criminal activity; and
(4) in rural States (as defined in section 1501(b) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796bb(B)), to fund cooperative efforts between State
and local prosecutors, victim advocacy and assistance groups,
social and community service providers, and law enforcement
agencies to investigate and prosecute child abuse cases, treat
youthful victims of child abuse, and work in cooperation with
the community to develop education and prevention strategies
H. R. 3355—96
directed toward the issues with which such entities are con-
cerned.
SEC. 31703. APPLICATIONS.
(a) ELIGIBILITY.—In order to be eligible to receive a grant
under this part for any fiscal year, a State, Indian tribal, or local
prosecutor, in conjunction with the chief executive officer of the
jurisdiction in which the program will be placed, shall submit
an application to the Attorney General in such form and containing
such information as the Attorney General may reasonably require.
(b) REQUIREMENTS.—Each applicant shall include—
(1) a request for funds for the purposes described in section
31702;
(2) a description of the communities to be served by the
grant, including the nature of the youth crime, youth violence,
and child abuse problems within such communities;
(3) assurances that Federal funds received under this part
shall be used to supplement, not supplant, non-Federal funds
that would otherwise be available for activities funded under
this section; and
(4) statistical information in such form and containing such
information that the Attorney General may require.
(c) COMPREHENSIVE PLAN.—Each applicant shall include a com-
prehensive plan that shall contain—
(1) a description of the youth violence or child abuse crime
problem;
(2) an action plan outlining how the applicant will achieve
the purposes as described in section 31702;
(3) a description of the resources available in the commu-
nity to implement the plan together with a description of the
gaps in the plan that cannot be filled with existing resources;
and
(4) a description of how the requested grant will be used
to fill gaps.
SEC. 31704. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.
(a) ADMINISTRATIVE COST LIMITATION.—The Attorney General
shall use not more than 5 percent of the funds available under
this program for the purposes of administration and technical assist-
ance.
(b) RENEWAL OF GRANTS.—A grant under this part may be
renewed for up to 2 additional years after the first fiscal year
during which the recipient receives its initial grant under this
part, subject to the availability of funds, if—
(1) the Attorney General determines that the funds made
available to the recipient during the previous years were used
in a manner required under the approved application; and
(2) the Attorney General determines that an additional
grant is necessary to implement the community prosecution
program described in the comprehensive plan required by sec-
tion 31703.
SEC. 31705. AWARD OF GRANTS.
The Attorney General shall consider the following facts in
awarding grants:
(1) Demonstrated need and evidence of the ability to pro-
vide the services described in the plan required under section
31703.
H. R. 3355—97
(2) The Attorney General shall attempt, to the extent prac-
ticable, to achieve an equitable geographic distribution of grant
awards.
SEC. 31706. REPORTS.
(a) REPORT TO ATTORNEY GENERAL.—State and local prosecu-
tors that receive funds under this subtitle shall submit to the
Attorney General a report not later than March 1 of each year
that describes progress achieved in carrying out the plan described
under section 31703(c).
(b) REPORT TO CONGRESS.—The Attorney General shall submit
to the Congress a report by October 1 of each year in which
grants are made available under this subtitle which shall contain
a detailed statement regarding grant awards, activities of grant
recipients, a compilation of statistical information submitted by
applicants, and an evaluation of programs established under this
subtitle.
SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this sub-
title—
(1) $7,000,000 for fiscal year 1996;
(2) $10,000,000 for fiscal year 1997;
(3) $10,000,000 for fiscal year 1998;
(4) $11,000,000 for fiscal year 1999; and
(5) $12,000,000 for fiscal year 2000.
SEC. 31708. DEFINITIONS.
In this subtitle—
‘‘Indian tribe’’ means a tribe, band, pueblo, nation, or other
organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that
is recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.
‘‘State’’ means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, American Samoa, Guam, and the
United States Virgin Islands.
‘‘young violent offenders’’ means individuals, ages 7 through
22, who have committed crimes of violence, weapons offenses,
drug distribution, hate crimes and civil rights violations, and
offenses against personal property of another.
Subtitle S—Family Unity Demonstration
Project
SEC. 31901. SHORT TITLE.
This subtitle may be cited as the ‘‘Family Unity Demonstration
Project Act’’.
SEC. 31902. PURPOSE.
The purpose of this subtitle is to evaluate the effectiveness
of certain demonstration projects in helping to—
H. R. 3355—98
(1) alleviate the harm to children and primary caretaker
parents caused by separation due to the incarceration of the
parents;
(2) reduce recidivism rates of prisoners by encouraging
strong and supportive family relationships; and
(3) explore the cost effectiveness of community correctional
facilities.
SEC. 31903. DEFINITIONS.
In this subtitle—
‘‘child’’ means a person who is less than 7 years of age.
‘‘community correctional facility’’ means a residential facil-
ity that—
(A) is used only for eligible offenders and their children
under 7 years of age;
(B) is not within the confines of a jail or prison;
(C) houses no more than 50 prisoners in addition to
their children; and
(D) provides to inmates and their children—
(i) a safe, stable, environment for children;
(ii) pediatric and adult medical care consistent
with medical standards for correctional facilities;
(iii) programs to improve the stability of the par-
ent-child relationship, including educating parents
regarding—
(I) child development; and
(II) household management;
(iv) alcoholism and drug addiction treatment for
prisoners; and
(v) programs and support services to help
inmates—
(I) to improve and maintain mental and phys-
ical health, including access to counseling;
(II) to obtain adequate housing upon release
from State incarceration;
(III) to obtain suitable education, employment,
or training for employment; and
(IV) to obtain suitable child care.
‘‘eligible offender’’ means a primary caretaker parent who—
(A) has been sentenced to a term of imprisonment
of not more than 7 years or is awaiting sentencing for
a conviction punishable by such a term of imprisonment;
and
(B) has not engaged in conduct that—
(i) knowingly resulted in death or serious bodily
injury;
(ii) is a felony for a crime of violence against a
person; or
(iii) constitutes child neglect or mental, physical,
or sexual abuse of a child.
‘‘primary caretaker parent’’ means—
(A) a parent who has consistently assumed responsibil-
ity for the housing, health, and safety of a child prior
to incarceration; or
(B) a woman who has given birth to a child after
or while awaiting her sentencing hearing and who
H. R. 3355—99
expresses a willingness to assume responsibility for the
housing, health, and safety of that child,
a parent who, in the best interest of a child, has arranged
for the temporary care of the child in the home of a relative
or other responsible adult shall not for that reason be excluded
from the category ‘‘primary caretaker’’.
‘‘State’’ means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, American Samoa, Guam, and the Northern Mariana
Islands.
SEC. 31904. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION.—There are authorized to be appropriated
to carry out this subtitle—
(1) $3,600,000 for fiscal year 1996;
(2) $3,600,000 for fiscal year 1997;
(3) $3,600,000 for fiscal year 1998;
(4) $3,600,000 for fiscal year 1999; and
(5) $5,400,000 for fiscal year 2000.
(b) AVAILABILITY OF APPROPRIATIONS.—Of the amount appro-
priated under subsection (a) for any fiscal year—
(1) 90 percent shall be available to carry out chapter 1;
and
(2) 10 percent shall be available to carry out chapter 2.
CHAPTER 1—GRANTS TO STATES
SEC. 31911. AUTHORITY TO MAKE GRANTS.
(a) GENERAL AUTHORITY.—The Attorney General may make
grants, on a competitive basis, to States to carry out in accordance
with this subtitle family unity demonstration projects that enable
eligible offenders to live in community correctional facilities with
their children.
(b) PREFERENCES.—For the purpose of making grants under
subsection (a), the Attorney General shall give preference to a
State that includes in the application required by section 31912
assurances that if the State receives a grant—
(1) both the State corrections agency and the State health
and human services agency will participate substantially in,
and cooperate closely in all aspects of, the development and
operation of the family unity demonstration project for which
such a grant is requested;
(2) boards made up of community members, including resi-
dents, local businesses, corrections officials, former prisoners,
child development professionals, educators, and maternal and
child health professionals will be established to advise the
State regarding the operation of such project;
(3) the State has in effect a policy that provides for the
placement of all prisoners, whenever possible, in correctional
facilities for which they qualify that are located closest to
their respective family homes;
(4) unless the Attorney General determines that a longer
timeline is appropriate in a particular case, the State will
implement the project not later than 180 days after receiving
a grant under subsection (a) and will expend all of the grant
during a 1-year period;
H. R. 3355—100
(5) the State has the capacity to continue implementing
a community correctional facility beyond the funding period
to ensure the continuity of the work;
(6) unless the Attorney General determines that a different
process for selecting participants in a project is desirable, the
State will—
(A) give written notice to a prisoner, not later than
30 days after the State first receives a grant under sub-
section (a) or 30 days after the prisoner is sentenced to
a term of imprisonment of not more than 7 years (which-
ever is later), of the proposed or current operation of the
project;
(B) accept at any time at which the project is in oper-
ation an application by a prisoner to participate in the
project if, at the time of application, the remainder of
the prisoner’s sentence exceeds 180 days;
(C) review applications by prisoners in the sequence
in which the State receives such applications; and
(D) not more than 50 days after reviewing such applica-
tions approve or disapprove the application; and
(7) for the purposes of selecting eligible offenders to partici-
pate in such project, the State has authorized State courts
to sentence an eligible offender directly to a community correc-
tional facility, provided that the court gives assurances that
the offender would have otherwise served a term of imprison-
ment.
(c) SELECTION OF GRANTEES.—The Attorney General shall make
grants under subsection (a) on a competitive basis, based on such
criteria as the Attorney General shall issue by rule and taking
into account the preferences described in subsection (b).
SEC. 31912. ELIGIBILITY TO RECEIVE GRANTS.
To be eligible to receive a grant under section 31911, a State
shall submit to the Attorney General an application at such time,
in such form, and containing such information as the Attorney
General reasonably may require by rule.
SEC. 31913. REPORT.
(a) IN GENERAL.—A State that receives a grant under this
title shall, not later than 90 days after the 1-year period in which
the grant is required to be expended, submit a report to the Attorney
General regarding the family unity demonstration project for which
the grant was expended.
(b) CONTENTS.—A report under subsection (a) shall—
(1) state the number of prisoners who submitted applica-
tions to participate in the project and the number of prisoners
who were placed in community correctional facilities;
(2) state, with respect to prisoners placed in the project,
the number of prisoners who are returned to that jurisdiction
and custody and the reasons for such return;
(3) describe the nature and scope of educational and train-
ing activities provided to prisoners participating in the project;
(4) state the number, and describe the scope of, contracts
made with public and nonprofit private community-based
organizations to carry out such project; and
(5) evaluate the effectiveness of the project in accomplishing
the purposes described in section 31902.
H. R. 3355—101
CHAPTER 2—FAMILY UNITY DEMONSTRATION PROJECT
FOR FEDERAL PRISONERS
SEC. 31921. AUTHORITY OF THE ATTORNEY GENERAL.
(a) IN GENERAL.—With the funds available to carry out this
subtitle for the benefit of Federal prisoners, the Attorney General,
acting through the Director of the Bureau of Prisons, shall select
eligible prisoners to live in community correctional facilities with
their children.
(b) GENERAL CONTRACTING AUTHORITY.—In implementing this
title, the Attorney General may enter into contracts with appro-
priate public or private agencies to provide housing, sustenance,
services, and supervision of inmates eligible for placement in
community correctional facilities under this title.
(c) USE OF STATE FACILITIES.—At the discretion of the Attorney
General, Federal participants may be placed in State projects as
defined in chapter 1. For such participants, the Attorney General
shall, with funds available under section 31904(b)(2), reimburse
the State for all project costs related to the Federal participant’s
placement, including administrative costs.
SEC. 31922. REQUIREMENTS.
For the purpose of placing Federal participants in a family
unity demonstration project under section 31921, the Attorney Gen-
eral shall consult with the Secretary of Health and Human Services
regarding the development and operation of the project.
Subtitle T—Substance Abuse Treatment in
Federal Prisons
SEC. 32001. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS.
Section 3621 of title 18, United States Code, is amended—
(1) in the last sentence of subsection (b), by striking ‘‘,
to the extent practicable,’’; and
(2) by adding at the end the following new subsection:
‘‘(e) SUBSTANCE ABUSE TREATMENT.—
‘‘(1) PHASE-IN.—In order to carry out the requirement of
the last sentence of subsection (b) of this section, that every
prisoner with a substance abuse problem have the opportunity
to participate in appropriate substance abuse treatment, the
Bureau of Prisons shall, subject to the availability of appropria-
tions, provide residential substance abuse treatment (and make
arrangements for appropriate aftercare)—
‘‘(A) for not less than 50 percent of eligible prisoners
by the end of fiscal year 1995, with priority for such treat-
ment accorded based on an eligible prisoner’s proximity
to release date;
‘‘(B) for not less than 75 percent of eligible prisoners
by the end of fiscal year 1996, with priority for such treat-
ment accorded based on an eligible prisoner’s proximity
to release date; and
‘‘(C) for all eligible prisoners by the end of fiscal year
1997 and thereafter, with priority for such treatment
accorded based on an eligible prisoner’s proximity to release
date.
H. R. 3355—102
‘‘(2) INCENTIVE
FOR
PRISONERS’ SUCCESSFUL
COMPLETION
OF TREATMENT PROGRAM.—
‘‘(A) GENERALLY.—Any prisoner who, in the judgment
of the Director of the Bureau of Prisons, has successfully
completed a program of residential substance abuse treat-
ment provided under paragraph (1) of this subsection, shall
remain in the custody of the Bureau under such conditions
as the Bureau deems appropriate. If the conditions of
confinement are different from those the prisoner would
have experienced absent the successful completion of the
treatment, the Bureau shall periodically test the prisoner
for substance abuse and discontinue such conditions on
determining that substance abuse has recurred.
‘‘(B) PERIOD OF CUSTODY.—The period a prisoner con-
victed of a nonviolent offense remains in custody after
successfully completing a treatment program may be
reduced by the Bureau of Prisons, but such reduction may
not be more than one year from the term the prisoner
must otherwise serve.
‘‘(3) REPORT.—The Bureau of Prisons shall transmit to
the Committees on the Judiciary of the Senate and the House
of Representatives on January 1, 1995, and on January 1
of each year thereafter, a report. Such report shall contain—
‘‘(A) a detailed quantitative and qualitative description
of each substance abuse treatment program, residential
or not, operated by the Bureau;
‘‘(B) a full explanation of how eligibility for such pro-
grams is determined, with complete information on what
proportion of prisoners with substance abuse problems are
eligible; and
‘‘(C) a complete statement of to what extent the Bureau
has achieved compliance with the requirements of this
title.
‘‘(4) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are
authorized to be appropriated to carry out this subsection—
‘‘(A) $13,500,000 for fiscal year 1996;
‘‘(B) $18,900,000 for fiscal year 1997;
‘‘(C) $25,200,000 for fiscal year 1998;
‘‘(D) $27,000,000 for fiscal year 1999; and
‘‘(E) $27,900,000 for fiscal year 2000.
‘‘(5) DEFINITIONS.—As used in this subsection—
‘‘(A) the term ‘residential substance abuse treatment’
means a course of individual and group activities, lasting
between 6 and 12 months, in residential treatment facilities
set apart from the general prison population—
‘‘(i) directed at the substance abuse problems of
the prisoner; and
‘‘(ii) intended to develop the prisoner’s cognitive,
behavioral, social, vocational, and other skills so as
to solve the prisoner’s substance abuse and related
problems;
‘‘(B) the term ‘eligible prisoner’ means a prisoner who
is—
‘‘(i) determined by the Bureau of Prisons to have
a substance abuse problem; and
‘‘(ii) willing to participate in a residential sub-
stance abuse treatment program; and
H. R. 3355—103
‘‘(C) the term ‘aftercare’ means placement, case
management and monitoring of the participant in a commu-
nity-based substance abuse treatment program when the
participant leaves the custody of the Bureau of Prisons.
‘‘(6) COORDINATION OF FEDERAL ASSISTANCE.—The Bureau
of Prisons shall consult with the Department of Health and
Human Services concerning substance abuse treatment and
related services and the incorporation of applicable components
of existing comprehensive approaches including relapse preven-
tion and aftercare services.’’.
Subtitle U—Residential Substance Abuse
Treatment for State Prisoners
SEC. 32101. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE
PRISONERS.
(a) RESIDENTIAL SUBSTANCE ABUSE TREATMENT
FOR PRIS-
ONERS.—Title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 20201(a),
is amended—
(1) by redesignating part S as part T;
(2) by redesignating section 1901 as section 2001; and
(3) by inserting after part R the following new part:
‘‘PART S—RESIDENTIAL SUBSTANCE ABUSE
TREATMENT FOR STATE PRISONERS
‘‘SEC. 1901. GRANT AUTHORIZATION.
‘‘(a) The Attorney General may make grants under this part
to States, for use by States and units of local government for
the purpose of developing and implementing residential substance
abuse treatment programs within State correctional facilities, as
well as within local correctional and detention facilities in which
inmates are incarcerated for a period of time sufficient to permit
substance abuse treatment.
‘‘(b) CONSULTATION.—The Attorney General shall consult with
the Secretary of Health and Human Services to ensure that projects
of substance abuse treatment and related services for State pris-
oners incorporate applicable components of existing comprehensive
approaches including relapse prevention and aftercare services.
‘‘SEC. 1902. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—(1) To request a grant under this part the
chief executive of a State shall submit an application to the Attorney
General in such form and containing such information as the Attor-
ney General may reasonably require.
‘‘(2) Such application shall include assurances that Federal
funds received under this part shall be used to supplement, not
supplant, non-Federal funds that would otherwise be available for
activities funded under this part.
‘‘(3) Such application shall coordinate the design and
implementation of treatment programs between State correctional
representatives and the State Alcohol and Drug Abuse agency (and,
if appropriate, between representatives of local correctional agencies
H. R. 3355—104
and representatives of either the State alcohol and drug abuse
agency or any appropriate local alcohol and drug abuse agency).
‘‘(b) SUBSTANCE ABUSE TESTING REQUIREMENT.—To be eligible
to receive funds under this part, a State must agree to implement
or continue to require urinalysis or other proven reliable forms
of testing of individuals in correctional residential substance abuse
treatment programs. Such testing shall include individuals released
from residential substance abuse treatment programs who remain
in the custody of the State.
‘‘(c) ELIGIBILITY FOR PREFERENCE WITH AFTER CARE COMPO-
NENT.—
‘‘(1) To be eligible for a preference under this part, a
State must ensure that individuals who participate in the sub-
stance abuse treatment program established or implemented
with assistance provided under this part will be provided with
aftercare services.
‘‘(2) State aftercare services must involve the coordination
of the correctional facility treatment program with other human
service and rehabilitation programs, such as educational and
job training programs, parole supervision programs, half-way
house programs, and participation in self-help and peer group
programs, that may aid in the rehabilitation of individuals
in the substance abuse treatment program.
‘‘(3) To qualify as an aftercare program, the head of the
substance abuse treatment program, in conjunction with State
and local authorities and organizations involved in substance
abuse treatment, shall assist in placement of substance abuse
treatment program participants with appropriate community
substance abuse treatment facilities when such individuals
leave the correctional facility at the end of a sentence or on
parole.
‘‘(d) COORDINATION OF FEDERAL ASSISTANCE.—Each application
submitted for a grant under this section shall include a description
of how the funds made available under this section will be coordi-
nated with Federal assistance for substance abuse treatment and
aftercare services currently provided by the Department of Health
and Human Services’ Substance Abuse and Mental Health Services
Administration.
‘‘(e) STATE OFFICE.—The Office designated under section 507—
‘‘(1) shall prepare the application as required under this
section; and
‘‘(2) shall administer grant funds received under this part,
including review of spending, processing, progress, financial
reporting, technical assistance, grant adjustments, accounting,
auditing, and fund disbursement.
‘‘SEC. 1903. REVIEW OF STATE APPLICATIONS.
‘‘(a) IN GENERAL.—The Attorney General shall make a grant
under section 1901 to carry out the projects described in the applica-
tion submitted under section 1902 upon determining that—
‘‘(1) the application is consistent with the requirements
of this part; and
‘‘(2) before the approval of the application the Attorney
General has made an affirmative finding in writing that the
proposed project has been reviewed in accordance with this
part.
H. R. 3355—105
‘‘(b) APPROVAL.—Each application submitted under section 1902
shall be considered approved, in whole or in part, by the Attorney
General not later than 90 days after first received unless the
Attorney General informs the applicant of specific reasons for dis-
approval.
‘‘(c) RESTRICTION.—Grant funds received under this part shall
not be used for land acquisition or construction projects.
‘‘(d) DISAPPROVAL NOTICE AND RECONSIDERATION.—The Attor-
ney General shall not disapprove any application without first
affording the applicant reasonable notice and an opportunity for
reconsideration.
‘‘SEC. 1904. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) ALLOCATION.—Of the total amount appropriated under this
part in any fiscal year—
‘‘(1) 0.4 percent shall be allocated to each of the participat-
ing States; and
‘‘(2) of the total funds remaining after the allocation under
paragraph (1), there shall be allocated to each of the participat-
ing States an amount which bears the same ratio to the amount
of remaining funds described in this paragraph as the State
prison population of such State bears to the total prison popu-
lation of all the participating States.
‘‘(b) FEDERAL SHARE.—The Federal share of a grant made under
this part may not exceed 75 percent of the total costs of the
projects described in the application submitted under section 1902
for the fiscal year for which the projects receive assistance under
this part.
‘‘SEC. 1905. EVALUATION.
‘‘Each State that receives a grant under this part shall submit
to the Attorney General an evaluation not later than March 1
of each year in such form and containing such information as
the Attorney General may reasonably require.’’.
(b) TECHNICAL AMENDMENT.—The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.), as amended by section 20201(b), is amended
by inserting after the matter relating to part R the following new
part:
‘‘PART S—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE 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.
‘‘PART T—TRANSITION-EFFECTIVE DATE-REPEALER
‘‘Sec. 2001. Confirmation of rules, authorities, and proceedings.’’.
(c) DEFINITIONS.—Section 901(a) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3791(a)), as amended
by section 20201(c), is amended—
(1) by striking ‘‘and’’ at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(25) the term ‘residential substance abuse treatment pro-
gram’ means a course of individual and group activities, lasting
between 6 and 12 months, in residential treatment facilities
set apart from the general prison population—
H. R. 3355—106
‘‘(A) directed at the substance abuse problems of the
prisoner; and
‘‘(B) intended to develop the prisoner’s cognitive, behav-
ioral, social, vocational, and other skills so as to solve
the prisoner’s substance abuse and related problems.’’.
(d) AUTHORIZATION
OF APPROPRIATIONS.—Section 1001(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793), as amended by section 20201(d), is
amended—
(1) in paragraph (3) by striking ‘‘and R’’ and inserting
‘‘R, or S’’; and
(2) by adding at the end the following new paragraph:
‘‘(17) There are authorized to be appropriated to carry out
the projects under part S—
‘‘(A) $27,000,000 for fiscal year 1996;
‘‘(B) $36,000,000 for fiscal year 1997;
‘‘(C) $63,000,000 for fiscal year 1998;
‘‘(D) $72,000,000 for fiscal year 1999; and
‘‘(E) $72,000,000 for fiscal year 2000.’’.
Subtitle 
V—Prevention, 
Diagnosis, 
and
Treatment of Tuberculosis in Correc-
tional Institutions
SEC. 32201. PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBER-
CULOSIS IN CORRECTIONAL INSTITUTIONS.
(a) GUIDELINES.—The Attorney General, in consultation with
the Secretary of Health and Human Services and the Director
of the National Institute of Corrections, shall develop and dissemi-
nate to appropriate entities, including State, Indian tribal, and
local correctional institutions and the Immigration and Naturaliza-
tion Service, guidelines for the prevention, diagnosis, treatment,
and followup care of tuberculosis among inmates of correctional
institutions and persons held in holding facilities operated by or
under contract with the Immigration and Naturalization Service.
(b) COMPLIANCE.—The Attorney General shall ensure that pris-
ons in the Federal prison system and holding facilities operated
by or under contract with the Immigration and Naturalization
Service comply with the guidelines described in subsection (a).
(c) GRANTS.—
(1) IN GENERAL.—The Attorney General shall make grants
to State, Indian tribal, and local correction authorities and
public health authorities to assist in establishing and operating
programs for the prevention, diagnosis, treatment, and followup
care of tuberculosis among inmates of correctional institutions.
(2) FEDERAL SHARE.—The Federal share of funding of a
program funded with a grant under paragraph (1) shall not
exceed 50 percent.
(3) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to carry out this section—
(A) $700,000 for fiscal year 1996;
(B) $1,000,000 for fiscal year 1997;
(C) $1,000,000 for fiscal year 1998;
(D) $1,100,000 for fiscal year 1999; and
(E) $1,200,000 for fiscal year 2000.
H. R. 3355—107
(d) DEFINITIONS.—In this section—
‘‘Indian tribe’’ means a tribe, band, pueblo, nation, or other
organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that
is recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.
‘‘State’’ means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, American Samoa, Guam, and the
United States Virgin Islands.
Subtitle X—Gang Resistance Education
and Training
SEC. 32401. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS.
(a) ESTABLISHMENT OF PROJECTS.—
(1) IN GENERAL.—The Secretary of the Treasury shall estab-
lish not less than 50 Gang Resistance Education and Training
(GREAT) projects, to be located in communities across the
country, in addition to the number of projects currently funded.
(2) SELECTION OF COMMUNITIES.—Communities identified
for such GREAT projects shall be selected by the Secretary
of the Treasury on the basis of gang-related activity in that
particular community.
(3) AMOUNT OF ASSISTANCE PER PROJECT; ALLOCATION.—
The Secretary of the Treasury shall make available not less
than $800,000 per project, subject to the availability of appro-
priations, and such funds shall be allocated—
(A) 50 percent to the affected State and local law
enforcement and prevention organizations participating in
such projects; and
(B) 50 percent to the Bureau of Alcohol, Tobacco and
Firearms for salaries, expenses, and associated administra-
tive costs for operating and overseeing such projects.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section—
(1) $9,000,000 for fiscal year 1995;
(2) $7,200,000 for fiscal year 1996;
(3) $7,200,000 for fiscal year 1997;
(4) $7,200,000 for fiscal year 1998;
(5) $7,200,000 for fiscal year 1999; and
(6) $7,720,000 for fiscal year 2000.
TITLE IV—VIOLENCE AGAINST WOMEN
SEC. 40001. SHORT TITLE.
This title may be cited as the ‘‘Violence Against Women Act
of 1994’’.
H. R. 3355—108
Subtitle A—Safe Streets for Women
SEC. 40101. SHORT TITLE.
This subtitle may be cited as the ‘‘Safe Streets for Women
Act of 1994’’.
CHAPTER 1—FEDERAL PENALTIES FOR SEX CRIMES
SEC. 40111. REPEAT OFFENDERS.
(a) IN GENERAL.—Chapter 109A of title 18, United States Code,
is amended by adding at the end the following new section:
‘‘§ 2247. Repeat offenders
‘‘Any person who violates a provision of this chapter, after
one or more prior convictions for an offense punishable under this
chapter, or after one or more prior convictions under the laws
of any State relating to aggravated sexual abuse, sexual abuse,
or abusive sexual contact have become final, is punishable by a
term of imprisonment up to twice that otherwise authorized.’’.
(b) AMENDMENT OF SENTENCING GUIDELINES.—The Sentencing
Commission shall implement the amendment made by subsection
(a) by promulgating amendments, if appropriate, in the sentencing
guidelines applicable to chapter 109A offenses.
(c) CHAPTER ANALYSIS.—The chapter analysis for chapter 109A
of title 18, United States Code, is amended by adding at the end
the following new item:
‘‘2247. Repeat offenders.’’.
SEC. 40112. FEDERAL PENALTIES.
(a) AMENDMENT OF SENTENCING GUIDELINES.—Pursuant to its
authority under section 994(p) of title 28, United States Code,
the United States Sentencing Commission shall review and amend,
where necessary, its sentencing guidelines on aggravated sexual
abuse under section 2241 of title 18, United States Code, or sexual
abuse under section 2242 of title 18, United States Code, as follows:
(1) The Commission shall review and promulgate amend-
ments to the guidelines, if appropriate, to enhance penalties
if more than 1 offender is involved in the offense.
(2) The Commission shall review and promulgate amend-
ments to the guidelines, if appropriate, to reduce unwarranted
disparities between the sentences for sex offenders who are
known to the victim and sentences for sex offenders who are
not known to the victim.
(3) The Commission shall review and promulgate amend-
ments to the guidelines to enhance penalties, if appropriate,
to render Federal penalties on Federal territory commensurate
with penalties for similar offenses in the States.
(4) The Commission shall review and promulgate amend-
ments to the guidelines, if appropriate, to account for the gen-
eral problem of recidivism in cases of sex offenses, the severity
of the offense, and its devastating effects on survivors.
(b) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the United States Sentencing Commission shall
review and submit to Congress a report containing an analysis
of Federal rape sentencing, accompanied by comment from
independent experts in the field, describing—
H. R. 3355—109
(1) comparative Federal sentences for cases in which the
rape victim is known to the defendant and cases in which
the rape victim is not known to the defendant;
(2) comparative Federal sentences for cases on Federal
territory and sentences in surrounding States; and
(3) an analysis of the effect of rape sentences on populations
residing primarily on Federal territory relative to the impact
of other Federal offenses in which the existence of Federal
jurisdiction depends upon the offense’s being committed on
Federal territory.
SEC. 40113. MANDATORY RESTITUTION FOR SEX CRIMES.
(a) SEXUAL ABUSE.—
(1) IN GENERAL.—Chapter 109A of title 18, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 2248. Mandatory restitution
‘‘(a) IN GENERAL.—Notwithstanding section 3663, and in addi-
tion to any other civil or criminal penalty authorized by law, the
court shall order restitution for any offense under this chapter.
‘‘(b) SCOPE AND NATURE OF ORDER.—
‘‘(1) DIRECTIONS.—The order of restitution under this sec-
tion shall direct that—
‘‘(A) the defendant pay to the victim (through the
appropriate court mechanism) the full amount of the vic-
tim’s losses as determined by the court, pursuant to para-
graph (3); and
‘‘(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
‘‘(2) ENFORCEMENT BY VICTIM.—An order of restitution also
may be enforced by a victim named in the order to receive
the restitution in the same manner as a judgment in a civil
action.
‘‘(3) DEFINITION.—For purposes of this subsection, the term
‘full amount of the victim’s losses’ includes any costs incurred
by the victim for—
‘‘(A) medical services relating to physical, psychiatric,
or psychological care;
‘‘(B) physical and occupational therapy or rehabilita-
tion;
‘‘(C) necessary transportation, temporary housing, and
child care expenses;
‘‘(D) lost income;
‘‘(E) attorneys’ fees, plus any costs incurred in obtain-
ing a civil protection order; and
‘‘(F) any other losses suffered by the victim as a proxi-
mate result of the offense.
‘‘(4) ORDER MANDATORY.—(A) The issuance of a restitution
order under this section is mandatory.
‘‘(B) A court may not decline to issue an order under
this section because of—
‘‘(i) the economic circumstances of the defendant; or
‘‘(ii) the fact that a victim has, or is entitled to, receive
compensation for his or her injuries from the proceeds
of insurance or any other source.
H. R. 3355—110
‘‘(C)(i) Notwithstanding subparagraph (A), the court may
take into account the economic circumstances of the defendant
in determining the manner in which and the schedule according
to which the restitution is to be paid.
‘‘(ii) For purposes of this subparagraph, the term ‘economic
circumstances’ includes—
‘‘(I) the financial resources and other assets of the
defendant;
‘‘(II) projected earnings, earning capacity, and other
income of the defendant; and
‘‘(III) any financial obligations of the defendant, includ-
ing obligations to dependents.
‘‘(D) Subparagraph (A) does not apply if—
‘‘(i) the court finds on the record that the economic
circumstances of the defendant do not allow for the pay-
ment of any amount of a restitution order, and do not
allow for the payment of any or some portion of the amount
of a restitution order in the foreseeable future (under any
reasonable schedule of payments); and
‘‘(ii) the court enters in its order the amount of the
victim’s losses, and provides a nominal restitution award.
‘‘(5) MORE THAN 1 OFFENDER.—When the court finds that
more than 1 offender has contributed to the loss of a victim,
the court may make each offender liable for payment of the
full amount of restitution or may apportion liability among
the offenders to reflect the level of contribution and economic
circumstances of each offender.
‘‘(6) MORE THAN 1 VICTIM.—When the court finds that more
than 1 victim has sustained a loss requiring restitution by
an offender, the court shall order full restitution of each victim
but may provide for different payment schedules to reflect
the economic circumstances of each victim.
‘‘(7) PAYMENT SCHEDULE.—An order under this section may
direct the defendant to make a single lump-sum payment or
partial payments at specified intervals.
‘‘(8) SETOFF.—Any amount paid to a victim under this
section shall be set off against any amount later recovered
as compensatory damages by the victim from the defendant
in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the extent provided
by the law of the State.
‘‘(9) EFFECT ON OTHER SOURCES OF COMPENSATION.—The
issuance of a restitution order shall not affect the entitlement
of a victim to receive compensation with respect to a loss
from insurance or any other source until the payments actually
received by the victim under the restitution order fully com-
pensate the victim for the loss.
‘‘(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.—
Compliance with a restitution order issued under this section
shall be a condition of any probation or supervised release
of a defendant. If an offender fails to comply with a restitution
order, the court may, after a hearing, revoke probation or
a term of supervised release, modify the terms or conditions
of probation or a term of supervised release, or hold the defend-
ant in contempt pursuant to section 3583(e). In determining
whether to revoke probation or a term of supervised release,
H. R. 3355—111
modify the terms or conditions of probation or supervised
release or hold a defendant serving a term of supervised release
in contempt, the court shall consider the defendant’s employ-
ment status, earning ability and financial resources, the willful-
ness of the defendant’s failure to comply, and any other cir-
cumstances that may have a bearing on the defendant’s ability
to comply.
‘‘(c) PROOF OF CLAIM.—
‘‘(1) AFFIDAVIT.—Within 60 days after conviction and, in
any event, not later than 10 days prior to sentencing, the
United States Attorney (or the United States Attorney’s
delegee), after consulting with the victim, shall prepare and
file an affidavit with the court listing the amounts subject
to restitution under this section. The affidavit shall be signed
by the United States Attorney (or the United States Attorney’s
delegee) and the victim. Should the victim object to any of
the information included in the affidavit, the United States
Attorney (or the United States Attorney’s delegee) shall advise
the victim that the victim may file a separate affidavit and
shall provide the victim with an affidavit form which may
be used to do so.
‘‘(2) OBJECTION.—If, after the defendant has been notified
of the affidavit, no objection is raised by the defendant, the
amounts attested to in the affidavit filed pursuant to paragraph
(1) shall be entered in the court’s restitution order. If objection
is raised, the court may require the victim or the United States
Attorney (or the United States Attorney’s delegee) to submit
further affidavits or other supporting documents, demonstrating
the victim’s losses.
‘‘(3) ADDITIONAL DOCUMENTATION AND TESTIMONY.—If the
court concludes, after reviewing the supporting documentation
and considering the defendant’s objections, that there is a
substantial reason for doubting the authenticity or veracity
of the records submitted, the court may require additional
documentation or hear testimony on those questions. The pri-
vacy of any records filed, or testimony heard, pursuant to
this section shall be maintained to the greatest extent possible,
and such records may be filed or testimony heard in camera.
‘‘(4) FINAL
DETERMINATION
OF
LOSSES.—If the victim’s
losses are not ascertainable by the date that is 10 days prior
to sentencing as provided in paragraph (1), the United States
Attorney (or the United States Attorney’s delegee) shall so
inform the court, and the court shall set a date for the final
determination of the victim’s losses, not to exceed 90 days
after sentencing. If the victim subsequently discovers further
losses, the victim shall have 60 days after discovery of those
losses in which to petition the court for an amended restitution
order. Such order may be granted only upon a showing of
good cause for the failure to include such losses in the initial
claim for restitutionary relief.
‘‘(d) MODIFICATION OF ORDER.—A victim or the offender may
petition the court at any time to modify a restitution order as
appropriate in view of a change in the economic circumstances
of the offender.
‘‘(e) REFERENCE
TO MAGISTRATE
OR SPECIAL MASTER.—The
court may refer any issue arising in connection with a proposed
order of restitution to a magistrate or special master for proposed
H. R. 3355—112
findings of fact and recommendations as to disposition, subject
to a de novo determination of the issue by the court.
‘‘(f) DEFINITION.—For purposes of this section, the term ‘victim’
means the individual harmed as a result of a commission of a
crime under this chapter, including, in the case of a victim who
is under 18 years of age, incompetent, incapacitated, or deceased,
the legal guardian of the victim or representative of the victim’s
estate, another family member, or any other person appointed as
suitable by the court, but in no event shall the defendant be
named as such representative or guardian.’’.
(2) TECHNICAL
AMENDMENT.—The chapter analysis for
chapter 109A of title 18, United States Code, is amended by
adding at the end the following new item:
‘‘2248. Mandatory restitution.’’.
(b) SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN.—
(1) IN GENERAL.—Chapter 110 of title 18, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 2259. Mandatory restitution
‘‘(a) IN GENERAL.—Notwithstanding section 3663, and in addi-
tion to any other civil or criminal penalty authorized by law, the
court shall order restitution for any offense under this chapter.
‘‘(b) SCOPE AND NATURE OF ORDER.—
‘‘(1) DIRECTIONS.—The order of restitution under this sec-
tion shall direct that—
‘‘(A) the defendant pay to the victim (through the
appropriate court mechanism) the full amount of the vic-
tim’s losses as determined by the court, pursuant to para-
graph (3); and
‘‘(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
‘‘(2) ENFORCEMENT BY VICTIM.—An order of restitution may
also be enforced by a victim named in the order to receive
the restitution in the same manner as a judgment in a civil
action.
‘‘(3) DEFINITION.—For purposes of this subsection, the term
‘full amount of the victim’s losses’ includes any costs incurred
by the victim for—
‘‘(A) medical services relating to physical, psychiatric,
or psychological care;
‘‘(B) physical and occupational therapy or rehabilita-
tion;
‘‘(C) necessary transportation, temporary housing, and
child care expenses;
‘‘(D) lost income;
‘‘(E) attorneys’ fees, as well as other costs incurred;
and
‘‘(F) any other losses suffered by the victim as a proxi-
mate result of the offense.
‘‘(4) ORDER MANDATORY.—(A) The issuance of a restitution
order under this section is mandatory.
‘‘(B) A court may not decline to issue an order under
this section because of—
‘‘(i) the economic circumstances of the defendant; or
H. R. 3355—113
‘‘(ii) the fact that a victim has, or is entitled to, receive
compensation for his or her injuries from the proceeds
of insurance or any other source.
‘‘(C)(i) Notwithstanding subparagraph (A), the court may
take into account the economic circumstances of the defendant
in determining the manner in which and the schedule according
to which the restitution is to be paid.
‘‘(ii) For purposes of this subparagraph, the term ‘economic
circumstances’ includes—
‘‘(I) the financial resources and other assets of the
defendant;
‘‘(II) projected earnings, earning capacity, and other
income of the defendant; and
‘‘(III) any financial obligations of the defendant, includ-
ing obligations to dependents.
‘‘(D) Subparagraph (A) does not apply if—
‘‘(i) the court finds on the record that the economic
circumstances of the defendant do not allow for the pay-
ment of any amount of a restitution order, and do not
allow for the payment of any or some portion of the amount
of a restitution order in the foreseeable future (under any
reasonable schedule of payments); and
‘‘(ii) the court enters in its order the amount of the
victim’s losses, and provides a nominal restitution award.
‘‘(5) MORE THAN 1 OFFENDER.—When the court finds that
more than 1 offender has contributed to the loss of a victim,
the court may make each offender liable for payment of the
full amount of restitution or may apportion liability among
the offenders to reflect the level of contribution and economic
circumstances of each offender.
‘‘(6) MORE THAN 1 VICTIM.—When the court finds that more
than 1 victim has sustained a loss requiring restitution by
an offender, the court shall order full restitution of each victim
but may provide for different payment schedules to reflect
the economic circumstances of each victim.
‘‘(7) PAYMENT SCHEDULE.—An order under this section may
direct the defendant to make a single lump-sum payment or
partial payments at specified intervals.
‘‘(8) SETOFF.—Any amount paid to a victim under this
section shall be set off against any amount later recovered
as compensatory damages by the victim from the defendant
in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the extent provided
by the law of the State.
‘‘(9) EFFECT ON OTHER SOURCES OF COMPENSATION.—The
issuance of a restitution order shall not affect the entitlement
of a victim to receive compensation with respect to a loss
from insurance or any other source until the payments actually
received by the victim under the restitution order fully com-
pensate the victim for the loss.
‘‘(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.—
Compliance with a restitution order issued under this section
shall be a condition of any probation or supervised release
of a defendant. If an offender fails to comply with a restitution
order, the court may, after a hearing, revoke probation or
a term of supervised release, modify the terms or conditions
H. R. 3355—114
of probation or a term of supervised release, or hold the defend-
ant in contempt pursuant to section 3583(e). In determining
whether to revoke probation or a term of supervised release,
modify the terms or conditions of probation or supervised
release or hold a defendant serving a term of supervised release
in contempt, the court shall consider the defendant’s employ-
ment status, earning ability and financial resources, the willful-
ness of the defendant’s failure to comply, and any other cir-
cumstances that may have a bearing on the defendant’s ability
to comply.
‘‘(c) PROOF OF CLAIM.—
‘‘(1) AFFIDAVIT.—Within 60 days after conviction and, in
any event, not later than 10 days prior to sentencing, the
United States Attorney (or the United States Attorney’s
delegee), after consulting with the victim, shall prepare and
file an affidavit with the court listing the amounts subject
to restitution under this section. The affidavit shall be signed
by the United States Attorney (or the United States Attorney’s
delegee) and the victim. Should the victim object to any of
the information included in the affidavit, the United States
Attorney (or the United States Attorney’s delegee) shall advise
the victim that the victim may file a separate affidavit and
shall provide the victim with an affidavit form which may
be used to do so.
‘‘(2) OBJECTION.—If, after the defendant has been notified
of the affidavit, no objection is raised by the defendant, the
amounts attested to in the affidavit filed pursuant to paragraph
(1) shall be entered in the court’s restitution order. If objection
is raised, the court may require the victim or the United States
Attorney (or the United States Attorney’s delegee) to submit
further affidavits or other supporting documents, demonstrating
the victim’s losses.
‘‘(3) ADDITIONAL DOCUMENTATION AND TESTIMONY.—If the
court concludes, after reviewing the supporting documentation
and considering the defendant’s objections, that there is a
substantial reason for doubting the authenticity or veracity
of the records submitted, the court may require additional
documentation or hear testimony on those questions. The pri-
vacy of any records filed, or testimony heard, pursuant to
this section shall be maintained to the greatest extent possible,
and such records may be filed or testimony heard in camera.
‘‘(4) FINAL
DETERMINATION
OF
LOSSES.—If the victim’s
losses are not ascertainable by the date that is 10 days prior
to sentencing as provided in paragraph (1), the United States
Attorney (or the United States Attorney’s delegee) shall so
inform the court, and the court shall set a date for the final
determination of the victim’s losses, not to exceed 90 days
after sentencing. If the victim subsequently discovers further
losses, the victim shall have 60 days after discovery of those
losses in which to petition the court for an amended restitution
order. Such order may be granted only upon a showing of
good cause for the failure to include such losses in the initial
claim for restitutionary relief.
‘‘(d) MODIFICATION OF ORDER.—A victim or the offender may
petition the court at any time to modify a restitution order as
appropriate in view of a change in the economic circumstances
of the offender.
H. R. 3355—115
‘‘(e) REFERENCE
TO MAGISTRATE
OR SPECIAL MASTER.—The
court may refer any issue arising in connection with a proposed
order of restitution to a magistrate or special master for proposed
findings of fact and recommendations as to disposition, subject
to a de novo determination of the issue by the court.
‘‘(f) DEFINITION.—For purposes of this section, the term ‘victim’
means the individual harmed as a result of a commission of a
crime under this chapter, including, in the case of a victim who
is under 18 years of age, incompetent, incapacitated, or deceased,
the legal guardian of the victim or representative of the victim’s
estate, another family member, or any other person appointed as
suitable by the court, but in no event shall the defendant be
named as such representative or guardian.’’.
(2) TECHNICAL
AMENDMENT.—The chapter analysis for
chapter 110 of title 18, United States Code, is amended by
adding at the end the following new item:
‘‘2259. Mandatory restitution.’’.
SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM’S COUNSELORS.
There are authorized to be appropriated for the United States
Attorneys for the purpose of appointing Victim/Witness Counselors
for the prosecution of sex crimes and domestic violence crimes
where applicable (such as the District of Columbia)—
(1) $500,000 for fiscal year 1996;
(2) $500,000 for fiscal year 1997; and
(3) $500,000 for fiscal year 1998.
CHAPTER 2—LAW ENFORCEMENT AND PROSECUTION
GRANTS TO REDUCE VIOLENT CRIMES AGAINST
WOMEN
SEC. 40121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.
(a) IN GENERAL.—Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended
by section 32101(a), is amended—
(1) by redesignating part T as part U;
(2) by redesignating section 2001 as section 2101; and
(3) by inserting after part S the following new part:
‘‘PART T—GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
‘‘SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS.
‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of this part
is to assist States, Indian tribal governments, and units of local
government to develop and strengthen effective law enforcement
and prosecution strategies to combat violent crimes against women,
and to develop and strengthen victim services in cases involving
violent crimes against women.
‘‘(b) PURPOSES
FOR WHICH GRANTS MAY BE USED.—Grants
under this part shall provide personnel, training, technical assist-
ance, data collection and other equipment for the more widespread
apprehension, prosecution, and adjudication of persons committing
violent crimes against women, and specifically, for the purposes
of—
‘‘(1) training law enforcement officers and prosecutors to
more effectively identify and respond to violent crimes against
H. R. 3355—116
women, including the crimes of sexual assault and domestic
violence;
‘‘(2) developing, training, or expanding units of law enforce-
ment officers and prosecutors specifically targeting violent
crimes against women, including the crimes of sexual assault
and domestic violence;
‘‘(3) developing and implementing more effective police and
prosecution policies, protocols, orders, and services specifically
devoted to preventing, identifying, and responding to violent
crimes against women, including the crimes of sexual assault
and domestic violence;
‘‘(4) developing, installing, or expanding data collection and
communication systems, including computerized systems, link-
ing police, prosecutors, and courts or for the purpose of identify-
ing and tracking arrests, protection orders, violations of protec-
tion orders, prosecutions, and convictions for violent crimes
against women, including the crimes of sexual assault and
domestic violence;
‘‘(5) developing, enlarging, or strengthening victim services
programs, including sexual assault and domestic violence pro-
grams, developing or improving delivery of victim services to
racial, cultural, ethnic, and language minorities, providing
specialized domestic violence court advocates in courts where
a significant number of protection orders are granted, and
increasing reporting and reducing attrition rates for cases
involving violent crimes against women, including crimes of
sexual assault and domestic violence;
‘‘(6) developing, enlarging, or strengthening programs
addressing stalking; and
‘‘(7) developing, enlarging, or strengthening programs
addressing the needs and circumstances of Indian tribes in
dealing with violent crimes against women, including the crimes
of sexual assault and domestic violence.
‘‘SEC. 2002. STATE GRANTS.
‘‘(a) GENERAL
GRANTS.—The Attorney General may make
grants to States, for use by States, units of local government,
nonprofit nongovernmental victim services programs, and Indian
tribal governments for the purposes described in section 2001(b).
‘‘(b) AMOUNTS.—Of the amounts appropriated for the purposes
of this part—
‘‘(1) 4 percent shall be available for grants to Indian tribal
governments;
‘‘(2) $500,000 shall be available for grants to applicants
in each State; and
‘‘(3) the remaining funds shall be available for grants to
applicants in each State in an amount that bears the same
ratio to the amount of remaining funds as the population of
the State bears to the population of all of the States that
results from a distribution among the States on the basis
of each State’s population in relation to the population of all
States (not including populations of Indian tribes).
‘‘(c) QUALIFICATION.—Upon satisfying the terms of subsection
(d), any State shall be qualified for funds provided under this
part upon certification that—
‘‘(1) the funds shall be used for any of the purposes
described in section 2001(b);
H. R. 3355—117
‘‘(2) grantees and subgrantees shall develop a plan for
implementation and shall consult and coordinate with non-
profit, nongovernmental victim services programs, including
sexual assault and domestic violence victim services programs;
‘‘(3) at least 25 percent of the amount granted shall be
allocated, without duplication, to each of the following 3 areas:
prosecution, law enforcement, and victim services; and
‘‘(4) any Federal funds received under this part shall be
used to supplement, not supplant, non-Federal funds that would
otherwise be available for activities funded under this subtitle.
‘‘(d) APPLICATION
REQUIREMENTS.—The application require-
ments provided in section 513 shall apply to grants made under
this part. In addition, each application shall include the certifi-
cations of qualification required by subsection (c), including docu-
mentation from nonprofit, nongovernmental victim services pro-
grams, describing their participation in developing the plan required
by subsection (c)(2). An application shall include—
‘‘(1) documentation from the prosecution, law enforcement,
and victim services programs to be assisted, demonstrating—
‘‘(A) need for the grant funds;
‘‘(B) intended use of the grant funds;
‘‘(C) expected results from the use of grant funds; and
‘‘(D) demographic characteristics of the populations to
be served, including age, marital status, disability, race,
ethnicity and language background;
‘‘(2) proof of compliance with the requirements for the
payment of forensic medical exams provided in section 2005;
and
‘‘(3) proof of compliance with the requirements for paying
filing and service fees for domestic violence cases provided
in section 2006.
‘‘(e) DISBURSEMENT.—
‘‘(1) IN GENERAL.—Not later than 60 days after the receipt
of an application under this part, the Attorney General shall—
‘‘(A) disburse the appropriate sums provided for under
this part; or
‘‘(B) inform the applicant why the application does
not conform to the terms of section 513 or to the require-
ments of this section.
‘‘(2) REGULATIONS.—In disbursing monies under this part,
the Attorney General shall issue regulations to ensure that
States will—
‘‘(A) give priority to areas of varying geographic size
with the greatest showing of need based on the availability
of existing domestic violence and sexual assault programs
in the population and geographic area to be served in
relation to the availability of such programs in other such
populations and geographic areas;
‘‘(B) determine the amount of subgrants based on the
population and geographic area to be served;
‘‘(C) equitably distribute monies on a geographic basis
including nonurban and rural areas of various geographic
sizes; and
‘‘(D) recognize and address the needs of underserved
populations.
H. R. 3355—118
‘‘(f) FEDERAL SHARE.—The Federal share of a grant made under
this subtitle may not exceed 75 percent of the total costs of the
projects described in the application submitted.
‘‘(g) INDIAN TRIBES.—Funds appropriated by the Congress for
the activities of any agency of an Indian tribal government or
of the Bureau of Indian Affairs performing law enforcement func-
tions on any Indian lands may be used to provide the non-Federal
share of the cost of programs or projects funded under this part.
‘‘(h) GRANTEE REPORTING.—
‘‘(1) IN
GENERAL.—Upon completion of the grant period
under this part, a State or Indian tribal grantee shall file
a performance report with the Attorney General explaining
the activities carried out, which report shall include an assess-
ment of the effectiveness of those activities in achieving the
purposes of this part.
‘‘(2) CERTIFICATION BY GRANTEE AND SUBGRANTEES.—A sec-
tion of the performance report shall be completed by each
grantee and subgrantee that performed the direct services con-
templated in the application, certifying performance of direct
services under the grant.
‘‘(3) SUSPENSION OF FUNDING.—The Attorney General shall
suspend funding for an approved application if—
‘‘(A) an applicant fails to submit an annual performance
report;
‘‘(B) funds are expended for purposes other than those
described in this part; or
‘‘(C) a report under paragraph (1) or accompanying
assessments demonstrate to the Attorney General that the
program is ineffective or financially unsound.
‘‘SEC. 2003. DEFINITIONS.
‘‘In this part—
‘‘(1) the term ‘domestic violence’ includes felony or mis-
demeanor crimes of violence committed by a current or former
spouse of the victim, by a person with whom the victim shares
a child in common, by a person who is cohabitating with or
has cohabitated with the victim as a spouse, by a person
similarly situated to a spouse of the victim under the domestic
or family violence laws of the jurisdiction receiving grant
monies, or by any other adult person against a victim who
is protected from that person’s acts under the domestic or
family violence laws of the jurisdiction receiving grant monies;
‘‘(2) the term ‘Indian country’ has the meaning stated in
section 1151 of title 18, United States Code;
‘‘(3) the term ‘Indian tribe’ means a tribe, band, pueblo,
nation, or other organized group or community of Indians,
including any Alaska Native village or regional or village cor-
poration (as defined in, or established pursuant to, the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that
is recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians;
‘‘(4) the term ‘law enforcement’ means a public agency
charged with policing functions, including any of its component
bureaus (such as governmental victim services programs);
‘‘(5) the term ‘prosecution’ means any public agency charged
with direct responsibility for prosecuting criminal offenders,
H. R. 3355—119
including such agency’s component bureaus (such as govern-
mental victim services programs);
‘‘(6) the term ‘sexual assault’ means any conduct proscribed
by chapter 109A of title 18, United States Code, whether or
not the conduct occurs in the special maritime and territorial
jurisdiction of the United States or in a Federal prison and
includes both assaults committed by offenders who are strang-
ers to the victim and assaults committed by offenders who
are known or related by blood or marriage to the victim;
‘‘(7) the term ‘underserved populations’ includes popu-
lations underserved because of geographic location (such as
rural isolation), underserved racial or ethnic populations, and
populations underserved because of special needs, such as lan-
guage barriers or physical disabilities; and
‘‘(8) the term ‘victim services’ means a nonprofit, non-
governmental organization that assists domestic violence or
sexual assault victims, including rape crisis centers, battered
women’s shelters, and other sexual assault or domestic violence
programs, including nonprofit, nongovernmental organizations
assisting domestic violence or sexual assault victims through
the legal process.
‘‘SEC. 2004. GENERAL TERMS AND CONDITIONS.
‘‘(a) NONMONETARY ASSISTANCE.—In addition to the assistance
provided under this part, the Attorney General may request any
Federal agency to use its authorities and the resources granted
to it under Federal law (including personnel, equipment, supplies,
facilities, and managerial, technical, and advisory services) in sup-
port of State, tribal, and local assistance efforts.
‘‘(b) REPORTING.—Not later than 180 days after the end of
each fiscal year for which grants are made under this part, the
Attorney General shall submit to the Committee on the Judiciary
of the House of Representatives and the Committee on the Judiciary
of the Senate a report that includes, for each State and for each
grantee Indian tribe—
‘‘(1) the number of grants made and funds distributed
under this part;
‘‘(2) a summary of the purposes for which those grants
were provided and an evaluation of their progress;
‘‘(3) a statistical summary of persons served, detailing the
nature of victimization, and providing data on age, sex, relation-
ship of victim to offender, geographic distribution, race, eth-
nicity, language, and disability; and
‘‘(4) an evaluation of the effectiveness of programs funded
under this part.
‘‘(c) REGULATIONS OR GUIDELINES.—Not later than 120 days
after the date of enactment of this part, the Attorney General
shall publish proposed regulations or guidelines implementing this
part. Not later than 180 days after the date of enactment, the
Attorney General shall publish final regulations or guidelines
implementing this part.
‘‘SEC. 2005. RAPE EXAM PAYMENTS.
‘‘(a) RESTRICTION OF FUNDS.—
‘‘(1) IN GENERAL.—A State, Indian tribal government, or
unit of local government, shall not be entitled to funds under
this part unless the State, Indian tribal government, unit of
local government, or another governmental entity incurs the
H. R. 3355—120
full out-of-pocket cost of forensic medical exams described in
subsection (b) for victims of sexual assault.
‘‘(2) REDISTRIBUTION.—Funds withheld from a State or unit
of local government under paragraph (1) shall be distributed
to other States or units of local government pro rata. Funds
withheld from an Indian tribal government under paragraph
(1) shall be distributed to other Indian tribal governments
pro rata.
‘‘(b) MEDICAL COSTS.—A State, Indian tribal government, or
unit of local government shall be deemed to incur the full out-
of-pocket cost of forensic medical exams for victims of sexual assault
if any government entity—
‘‘(1) provides such exams to victims free of charge to the
victim;
‘‘(2) arranges for victims to obtain such exams free of
charge to the victims; or
‘‘(3) reimburses victims for the cost of such exams if—
‘‘(A) the reimbursement covers the full cost of such
exams, without any deductible requirement or limit on
the amount of a reimbursement;
‘‘(B) the reimbursing governmental entity permits vic-
tims to apply for reimbursement for not less than one
year from the date of the exam;
‘‘(C) the reimbursing governmental entity provides
reimbursement not later than 90 days after written
notification of the victim’s expense; and
‘‘(D) the State, Indian tribal government, unit of local
government, or reimbursing governmental entity provides
information at the time of the exam to all victims, including
victims with limited or no English proficiency, regarding
how to obtain reimbursement.
‘‘SEC. 2006. FILING COSTS FOR CRIMINAL CHARGES.
‘‘(a) IN GENERAL.—A State, Indian tribal government, or unit
of local government, shall not be entitled to funds under this part
unless the State, Indian tribal government, or unit of local govern-
ment—
‘‘(1) certifies that its laws, policies, and practices do not
require, in connection with the prosecution of any misdemeanor
or felony domestic violence offense, that the abused bear the
costs associated with the filing of criminal charges against
the domestic violence offender, or the costs associated with
the issuance or service of a warrant, protection order, or witness
subpoena; or
‘‘(2) gives the Attorney General assurances that its laws,
policies and practices will be in compliance with the require-
ments of paragraph (1) within the later of—
‘‘(A) the period ending on the date on which the next
session of the State legislature ends; or
‘‘(B) 2 years.
‘‘(b) REDISTRIBUTION.—Funds withheld from a State, unit of
local government, or Indian tribal government under subsection
(a) shall be distributed to other States, units of local government,
and Indian tribal government, respectively, pro rata.’’.
(b) TECHNICAL AMENDMENT.—The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
H. R. 3355—121
U.S.C. 3711 et seq.), as amended by section 32101(b), is amended
by striking the matter relating to part T and inserting the following:
‘‘PART T—GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
‘‘Sec. 2001. Purpose of the program and grants.
‘‘Sec. 2002. State grants.
‘‘Sec. 2003. General definitions.
‘‘Sec. 2004. General terms and conditions.
‘‘Sec. 2005. Rape exam payments.
‘‘Sec. 2006. Filing costs for criminal charges.
‘‘PART U—TRANSITION—EFFECTIVE DATE—REPEALER
‘‘Sec. 2101. Continuation of rules, authorities, and proceedings.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3793), as amended by section 32101(d), is amended—
(1) in paragraph (3) by striking ‘‘and S’’ and inserting
‘‘S, and T’’; and
(2) by adding at the end the following new paragraph:
‘‘(18) There are authorized to be appropriated to carry out
part T—
‘‘(A) $26,000,000 for fiscal year 1995;
‘‘(B) $130,000,000 for fiscal year 1996;
‘‘(C) $145,000,000 for fiscal year 1997;
‘‘(D) $160,000,000 for fiscal year 1998;
‘‘(E) $165,000,000 for fiscal year 1999; and
‘‘(F) $174,000,000 for fiscal year 2000.’’.
CHAPTER 3—SAFETY FOR WOMEN IN PUBLIC TRANSIT
AND PUBLIC PARKS
SEC. 40131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT
CRIME IN PUBLIC TRANSPORTATION.
(a) GENERAL PURPOSE.—There is authorized to be appropriated
not to exceed $10,000,000, for the Secretary of Transportation
(referred to in this section as the ‘‘Secretary’’) to make capital
grants for the prevention of crime and to increase security in
existing and future public transportation systems. None of the
provisions of this Act may be construed to prohibit the financing
of projects under this section where law enforcement responsibilities
are vested in a local public body other than the grant applicant.
(b) GRANTS FOR LIGHTING, CAMERA SURVEILLANCE, AND SECU-
RITY PHONES.—
(1) From the sums authorized for expenditure under this
section for crime prevention, the Secretary is authorized to
make grants and loans to States and local public bodies or
agencies for the purpose of increasing the safety of public
transportation by—
(A) increasing lighting within or adjacent to public
transportation systems, including bus stops, subway sta-
tions, parking lots, or garages;
(B) increasing camera surveillance of areas within and
adjacent to public transportation systems, including bus
stops, subway stations, parking lots, or garages;
(C) providing emergency phone lines to contact law
enforcement or security personnel in areas within or adja-
cent to public transportation systems, including bus stops,
subway stations, parking lots, or garages; or
H. R. 3355—122
(D) any other project intended to increase the security
and safety of existing or planned public transportation
systems.
(2) From the sums authorized under this section, at least
75 percent shall be expended on projects of the type described
in subsection (b)(1) (A) and (B).
(c) REPORTING.—All grants under this section are contingent
upon the filing of a report with the Secretary and the Department
of Justice, Office of Victims of Crime, showing crime rates in or
adjacent to public transportation before, and for a 1-year period
after, the capital improvement. Statistics shall be compiled on the
basis of the type of crime, sex, race, ethnicity, language, and rela-
tionship of victim to the offender.
(d) INCREASED FEDERAL SHARE.—Notwithstanding any other
provision of law, the Federal share under this section for each
capital improvement project that enhances the safety and security
of public transportation systems and that is not required by law
(including any other provision of this Act) shall be 90 percent
of the net project cost of the project.
(e) SPECIAL GRANTS FOR PROJECTS TO STUDY INCREASING SECU-
RITY FOR WOMEN.—From the sums authorized under this section,
the Secretary shall provide grants and loans for the purpose of
studying ways to reduce violent crimes against women in public
transit through better design or operation of public transit systems.
(f) GENERAL REQUIREMENTS.—All grants or loans provided
under this section shall be subject to the same terms, conditions,
requirements, and provisions applicable to grants and loans as
specified in section 5321 of title 49, United States Code.
SEC. 40132. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT
CRIME IN NATIONAL PARKS.
Public Law 91–383 (16 U.S.C. 1a–1 et seq.) is amended by
adding at the end the following new section:
‘‘SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION ASSISTANCE.
‘‘(a) AVAILABILITY OF FUNDS.—There are authorized to be appro-
priated out of the Violent Crime Reduction Trust Fund, not to
exceed $10,000,000, for the Secretary of the Interior to take all
necessary actions to seek to reduce the incidence of violent crime
in the National Park System.
‘‘(b) RECOMMENDATIONS
FOR
IMPROVEMENT.—The Secretary
shall direct the chief official responsible for law enforcement within
the National Park Service to—
‘‘(1) compile a list of areas within the National Park System
with the highest rates of violent crime;
‘‘(2) make recommendations concerning capital improve-
ments, and other measures, needed within the National Park
System to reduce the rates of violent crime, including the
rate of sexual assault; and
‘‘(3) publish the information required by paragraphs (1)
and (2) in the Federal Register.
‘‘(c) DISTRIBUTION OF FUNDS.—Based on the recommendations
and list issued pursuant to subsection (b), the Secretary shall
distribute the funds authorized by subsection (a) throughout the
National Park System. Priority shall be given to those areas with
the highest rates of sexual assault.
‘‘(d) USE OF FUNDS.—Funds provided under this section may
be used—
H. R. 3355—123
‘‘(1) to increase lighting within or adjacent to National
Park System units;
‘‘(2) to provide emergency phone lines to contact law
enforcement or security personnel in areas within or adjacent
to National Park System units;
‘‘(3) to increase security or law enforcement personnel
within or adjacent to National Park System units; or
‘‘(4) for any other project intended to increase the security
and safety of National Park System units.’’.
SEC. 40133. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT
CRIME IN PUBLIC PARKS.
Section 6 of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l–8) is amended by adding at the end the
following new subsection:
‘‘(h) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE
CRIME.—
‘‘(1) AVAILABILITY OF FUNDS.—In addition to assistance for
planning projects, and in addition to the projects identified
in subsection (e), and from amounts appropriated out of the
Violent Crime Reduction Trust Fund, the Secretary may provide
financial assistance to the States, not to exceed $15,000,000,
for projects or combinations thereof for the purpose of making
capital improvements and other measures to increase safety
in urban parks and recreation areas, including funds to—
‘‘(A) increase lighting within or adjacent to public parks
and recreation areas;
‘‘(B) provide emergency phone lines to contact law
enforcement or security personnel in areas within or adja-
cent to public parks and recreation areas;
‘‘(C) increase security personnel within or adjacent to
public parks and recreation areas; and
‘‘(D) fund any other project intended to increase the
security and safety of public parks and recreation areas.
‘‘(2) ELIGIBILITY.—In addition to the requirements for
project approval imposed by this section, eligibility for assist-
ance under this subsection shall be dependent upon a showing
of need. In providing funds under this subsection, the Secretary
shall give priority to projects proposed for urban parks and
recreation areas with the highest rates of crime and, in particu-
lar, to urban parks and recreation areas with the highest
rates of sexual assault.
‘‘(3) FEDERAL SHARE.—Notwithstanding subsection (c), the
Secretary may provide 70 percent improvement grants for
projects undertaken by any State for the purposes described
in this subsection, and the remaining share of the cost shall
be borne by the State.’’.
CHAPTER 4—NEW EVIDENTIARY RULES
SEC. 40141. SEXUAL HISTORY IN CRIMINAL AND CIVIL CASES.
(a) MODIFICATION OF PROPOSED AMENDMENT.—The proposed
amendments to the Federal Rules of Evidence that are embraced
by an order entered by the Supreme Court of the United States
on April 29, 1994, shall take effect on December 1, 1994, as other-
wise provided by law, but with the amendment made by subsection
(b).
H. R. 3355—124
(b) RULE.—Rule 412 of the Federal Rules of Evidence is
amended to read as follows:
‘‘Rule 412. Sex Offense Cases; Relevance of Alleged Victim’s Past Sexual
Behavior or Alleged Sexual Predisposition
‘‘(a) EVIDENCE GENERALLY INADMISSIBLE.—The following evi-
dence is not admissible in any civil or criminal proceeding involving
alleged sexual misconduct except as provided in subdivisions (b)
and (c):
‘‘(1) Evidence offered to prove that any alleged victim
engaged in other sexual behavior.
‘‘(2) Evidence offered to prove any alleged victim’s sexual
predisposition.
‘‘(b) EXCEPTIONS.—
‘‘(1) In a criminal case, the following evidence is admissible,
if otherwise admissible under these rules:
‘‘(A) evidence of specific instances of sexual behavior
by the alleged victim offered to prove that a person other
than the accused was the source of semen, injury or other
physical evidence;
‘‘(B) evidence of specific instances of sexual behavior
by the alleged victim with respect to the person accused
of the sexual misconduct offered by the accused to prove
consent or by the prosecution; and
‘‘(C) evidence the exclusion of which would violate the
constitutional rights of the defendant.
‘‘(2) In a civil case, evidence offered to prove the sexual
behavior or sexual predisposition of any alleged victim is
admissible if it is otherwise admissible under these rules and
its probative value substantially outweighs the danger of harm
to any victim and of unfair prejudice to any party. Evidence
of an alleged victim’s reputation is admissible only if it has
been placed in controversy by the alleged victim.
‘‘(c) PROCEDURE TO DETERMINE ADMISSIBILITY.—
‘‘(1) A party intending to offer evidence under subdivision
(b) must—
‘‘(A) file a written motion at least 14 days before trial
specifically describing the evidence and stating the purpose
for which it is offered unless the court, for good cause
requires a different time for filing or permits filing during
trial; and
‘‘(B) serve the motion on all parties and notify the
alleged victim or, when appropriate, the alleged victim’s
guardian or representative.
‘‘(2) Before admitting evidence under this rule the court
must conduct a hearing in camera and afford the victim and
parties a right to attend and be heard. The motion, related
papers, and the record of the hearing must be sealed and
remain under seal unless the court orders otherwise.’’.
(c) TECHNICAL AMENDMENT.—The table of contents for the Fed-
eral Rules of Evidence is amended by amending the item relating
to rule 412 to read as follows:
‘‘412. Sex Offense Cases; Relevance of Alleged Victim’s Past Sexual Behavior or Al-
leged Sexual Predisposition:
‘‘(a) Evidence generally inadmissible.
‘‘(b) Exceptions.
‘‘(c) Procedure to determine admissibility.’’.
H. R. 3355—125
CHAPTER 5—ASSISTANCE TO VICTIMS OF SEXUAL
ASSAULT
SEC. 40151. EDUCATION AND PREVENTION GRANTS TO REDUCE SEX-
UAL ASSAULTS AGAINST WOMEN.
Part A of title XIX of the Public Health and Human Services
Act (42 U.S.C. 300w et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDU-
CATION.
‘‘(a) PERMITTED
USE.—Notwithstanding section 1904(a)(1),
amounts transferred by the State for use under this part may
be used for rape prevention and education programs conducted
by rape crisis centers or similar nongovernmental nonprofit entities
for—
‘‘(1) educational seminars;
‘‘(2) the operation of hotlines;
‘‘(3) training programs for professionals;
‘‘(4) the preparation of informational materials; and
‘‘(5) other efforts to increase awareness of the facts about,
or to help prevent, sexual assault, including efforts to increase
awareness in underserved racial, ethnic, and language minority
communities.
‘‘(b) TARGETING OF EDUCATION PROGRAMS.—States providing
grant monies must ensure that at least 25 percent of the monies
are devoted to education programs targeted for middle school, junior
high school, and high school students.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
‘‘(1) $35,000,000 for fiscal year 1996;
‘‘(2) $35,000,000 for fiscal year 1997;
‘‘(3) $45,000,000 for fiscal year 1998;
‘‘(4) $45,000,000 for fiscal year 1999; and
‘‘(5) $45,000,000 for fiscal year 2000.
‘‘(d) LIMITATION.—Funds authorized under this section may
only be used for providing rape prevention and education programs.
‘‘(e) DEFINITION.—For purposes of this section, the term ‘rape
prevention and education’ includes education and prevention efforts
directed at offenses committed by offenders who are not known
to the victim as well as offenders who are known to the victim.
‘‘(f) TERMS.—The Secretary shall make allotments to each State
on the basis of the population of the State, and subject to the
conditions provided in this section and sections 1904 through 1909.’’.
SEC. 40152. TRAINING PROGRAMS.
(a) IN GENERAL.—The Attorney General, after consultation with
victim advocates and individuals who have expertise in treating
sex offenders, shall establish criteria and develop training programs
to assist probation and parole officers and other personnel who
work with released sex offenders in the areas of—
(1) case management;
(2) supervision; and
(3) relapse prevention.
(b) TRAINING PROGRAMS.—The Attorney General shall ensure,
to the extent practicable, that training programs developed under
H. R. 3355—126
subsection (a) are available in geographically diverse locations
throughout the country.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
(1) $1,000,000 for fiscal year 1996; and
(2) $1,000,000 for fiscal year 1997.
SEC. 40153. CONFIDENTIALITY OF COMMUNICATIONS BETWEEN SEX-
UAL ASSAULT OR DOMESTIC VIOLENCE VICTIMS AND
THEIR COUNSELORS.
(a) STUDY AND DEVELOPMENT OF MODEL LEGISLATION.—The
Attorney General shall—
(1) study and evaluate the manner in which the States
have taken measures to protect the confidentiality of commu-
nications between sexual assault or domestic violence victims
and their therapists or trained counselors;
(2) develop model legislation that will provide the maxi-
mum protection possible for the confidentiality of such commu-
nications, within any applicable constitutional limits, taking
into account the following factors:
(A) the danger that counseling programs for victims
of sexual assault and domestic violence will be unable
to achieve their goal of helping victims recover from the
trauma associated with these crimes if there is no assur-
ance that the records of the counseling sessions will be
kept confidential;
(B) consideration of the appropriateness of an absolute
privilege for communications between victims of sexual
assault or domestic violence and their therapists or trained
counselors, in light of the likelihood that such an absolute
privilege will provide the maximum guarantee of confiden-
tiality but also in light of the possibility that such an
absolute privilege may be held to violate the rights of
criminal defendants under the Federal or State constitu-
tions by denying them the opportunity to obtain exculpatory
evidence and present it at trial; and
(C) consideration of what limitations on the disclosure
of confidential communications between victims of these
crimes and their counselors, short of an absolute privilege,
are most likely to ensure that the counseling programs
will not be undermined, and specifically whether no such
disclosure should be allowed unless, at a minimum, there
has been a particularized showing by a criminal defendant
of a compelling need for records of such communications,
and adequate procedural safeguards are in place to prevent
unnecessary or damaging disclosures; and
(3) prepare and disseminate to State authorities the find-
ings made and model legislation developed as a result of the
study and evaluation.
(b) REPORT AND RECOMMENDATIONS.—Not later than the date
that is 1 year after the date of enactment of this Act, the Attorney
General shall report to the Congress—
(1) the findings of the study and the model legislation
required by this section; and
(2) recommendations based on the findings on the need
for and appropriateness of further action by the Federal
Government.
H. R. 3355—127
(c) REVIEW
OF FEDERAL EVIDENTIARY RULES.—The Judicial
Conference of the United States shall evaluate and report to Con-
gress its views on whether the Federal Rules of Evidence should
be amended, and if so, how they should be amended, to guarantee
that the confidentiality of communications between sexual assault
victims and their therapists or trained counselors will be adequately
protected in Federal court proceedings.
SEC. 40154. INFORMATION PROGRAMS.
The Attorney General shall compile information regarding sex
offender treatment programs and ensure that information regarding
community treatment programs in the community into which a
convicted sex offender is released is made available to each person
serving a sentence of imprisonment in a Federal penal or correc-
tional institution for a commission of an offense under chapter
109A of title 18, United States Code, or for the commission of
a similar offense, including halfway houses and psychiatric
institutions.
SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEX-
UAL ABUSE OF RUNAWAY, HOMELESS, AND STREET
YOUTH.
Part A of the Runaway and Homeless Youth Act (42 U.S.C.
5711 et seq.) is amended—
(1) by redesignating sections 316 and 317 as sections 317
and 318, respectively; and
(2) by inserting after section 315 the following new section:
‘‘GRANTS FOR PREVENTION OF SEXUAL ABUSE AND EXPLOITATION
‘‘SEC. 316. (a) IN GENERAL.—The Secretary shall make grants
under this section to private, nonprofit agencies for street-based
outreach and education, including treatment, counseling, provision
of information, and referral for runaway, homeless, and street youth
who have been subjected to or are at risk of being subjected to
sexual abuse.
‘‘(b) PRIORITY.—In selecting among applicants for grants under
subsection (a), the Secretary shall give priority to agencies that
have experience in providing services to runaway, homeless, and
street youth.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
‘‘(1) $7,000,000 for fiscal year 1996;
‘‘(2) $8,000,000 for fiscal year 1997; and
‘‘(3) $15,000,000 for fiscal year 1998.
‘‘(d) DEFINITIONS.—For the purposes of this section—
‘‘(1) the term ‘street-based outreach and education’ includes
education and prevention efforts directed at offenses committed
by offenders who are not known to the victim as well as
offenders who are known to the victim; and
‘‘(2) the term ‘street youth’ means a juvenile who spends
a significant amount of time on the street or in other areas
of exposure to encounters that may lead to sexual abuse.’’.
SEC. 40156. VICTIMS OF CHILD ABUSE PROGRAMS.
(a) COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.—
H. R. 3355—128
(1) REAUTHORIZATION.—Section 218(a) of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13014(a)) is amended to
read as follows:
‘‘(a) AUTHORIZATION.—There are authorized to be appropriated
to carry out this subtitle—
‘‘(1) $6,000,000 for fiscal year 1996;
‘‘(2) $6,000,000 for fiscal year 1997;
‘‘(3) $7,000,000 for fiscal year 1998;
‘‘(4) $9,000,000 for fiscal year 1999; and
‘‘(5) $10,000,000 for fiscal year 2000.’’.
(2) TECHNICAL AMENDMENT.—Section 216 of the Victims
of Child Abuse Act of 1990 (42 U.S.C. 13012) is amended
by striking ‘‘this chapter’’ and inserting ‘‘this subtitle’’.
(b) CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL
AND PRACTITIONERS.—
(1) REAUTHORIZATION.—Section 224(a) of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13024(a)) is amended to
read as follows:
‘‘(a) AUTHORIZATION.—There are authorized to be appropriated
to carry out this subtitle—
‘‘(1) $750,000 for fiscal year 1996;
‘‘(2) $1,000,000 for fiscal year 1997;
‘‘(3) $2,000,000 for fiscal year 1998;
‘‘(4) $2,000,000 for fiscal year 1999; and
‘‘(5) $2,300,000 for fiscal year 2000.’’.
(2) TECHNICAL AMENDMENT.—Section 221(b) of the Victims
of Child Abuse Act of 1990 (42 U.S.C. 13021(b)) is amended
by striking ‘‘this chapter’’ and inserting ‘‘this subtitle’’.
(c) GRANTS FOR TELEVISED TESTIMONY.—Title I of the Omnibus
Crime Control and Safe Streets Act of 1968 is amended—
(1) by amending section 1001(a)(7) (42 U.S.C. 3793(a)(7))
to read as follows:
‘‘(7) There are authorized to be appropriated to carry out
part N—
‘‘(A) $250,000 for fiscal year 1996;
‘‘(B) $1,000,000 for fiscal year 1997;
‘‘(C) $1,000,000 for fiscal year 1998;
‘‘(D) $1,000,000 for fiscal year 1999; and
‘‘(E) $1,000,000 for fiscal year 2000.’’;
(2) in section 1402 (42 U.S.C. 3796aa–1) by striking ‘‘to
States, for the use of States and units of local government
in the States’’;
(3) in section 1403 (42 U.S.C. 3796aa–2)—
(A) by inserting ‘‘or unit of local government’’ after
‘‘of a State’’;
(B) by inserting ‘‘and’’ after paragraph (1);
(C) in paragraph (2) by striking the semicolon at the
end and inserting a period; and
(D) by striking paragraphs (3) and (4);
(4) in section 1404 (42 U.S.C. 3796aa–3)—
(A) in subsection (a)—
(i) by striking ‘‘The Bureau’’ and all that follows
through ‘‘determining that’’ and inserting ‘‘An applicant
is eligible to receive a grant under this part if—’’;
(ii) in paragraph (1) by striking ‘‘there is in effect
in such State’’ and inserting ‘‘the applicant certifies
H. R. 3355—129
and the Director determines that there is in effect
in the State’’;
(iii) in paragraph (2) by striking ‘‘such State law
shall meet’’ and inserting ‘‘the applicant certifies and
the Director determines that State law meets’’;
(iv) by inserting ‘‘and’’ after subparagraph (E);
(v) in paragraph (3)—
(I) by inserting ‘‘the Director determines that’’
before ‘‘the application’’; and
(II) by striking ‘‘; and’’ and inserting a period;
(vi) by striking paragraph (4);
(vii) by striking ‘‘Each application’’ and inserting
the following:
‘‘(b) Each application’’; and
(viii) by striking ‘‘the Bureau’’ each place it appears
and inserting ‘‘the Director’’; and
(B) by redesignating subsection (b) as subsection (c)
and by striking ‘‘The Bureau’’ and inserting ‘‘The Director’’;
(5) by striking section 1405 (42 U.S.C. 3796aa–4);
(6) in section 1406 (42 U.S.C. 3796aa–5)—
(A) in subsection (a)—
(i) by striking ‘‘State which’’ and inserting ‘‘State
or unit of local government that’’;
(ii) by striking ‘‘title’’ and inserting ‘‘part’’; and
(iii) in paragraph (1) by striking ‘‘State’’; and
(B) in subsection (b)(1) by striking ‘‘such State’’ and
inserting ‘‘the State and units of local government in the
State’’;
(7) in section 1407 (42 U.S.C. 3796aa–6)—
(A) in subsection (c)—
(i) by striking ‘‘Each State’’ and all that follows
through ‘‘effective audit’’ and inserting ‘‘Grant recipi-
ents (or private organizations with which grant recipi-
ents have contracted to provide equipment or training
using grant funds) shall keep such records as the Direc-
tor may require by rule to facilitate such an audit.’’;
and
(ii) in paragraph (2) by striking ‘‘States which
receive grants, and of units of local government which
receive any part of a grant made under this part’’
and inserting ‘‘grant recipients (or private organiza-
tions with which grant recipients have contracted to
provide equipment or training using grant funds)’’; and
(B) by adding at the end the following new subsection:
‘‘(d) UTILIZATION OF PRIVATE SECTOR.—Nothing in this part
shall prohibit the utilization of any grant funds to contract with
a private organization to provide equipment or training for the
televising of testimony as contemplated by the application submitted
by an applicant.’’;
(8) by striking section 1408 (42 U.S.C. 3796aa–7); and
(9) in the table of contents—
(A) in the item relating to section 1405 by striking
‘‘Allocation and distribution of funds under formula grants’’
and inserting ‘‘(Repealed)’’; and
(B) in the item relating to section 1408 by striking
‘‘State office’’ and inserting ‘‘(Repealed)’’.
H. R. 3355—130
Subtitle B—Safe Homes for Women
SEC. 40201. SHORT TITLE.
This title may be cited as the ‘‘Safe Homes for Women Act
of 1994’’.
CHAPTER 1—NATIONAL DOMESTIC VIOLENCE HOTLINE
SEC. 40211. GRANT FOR A NATIONAL DOMESTIC VIOLENCE HOTLINE.
The Family Violence Prevention and Services Act (42 U.S.C.
10401 et seq.) is amended by adding at the end the following
new section:
‘‘SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
‘‘(a) IN GENERAL.—The Secretary may award a grant to a
private, nonprofit entity to provide for the operation of a national,
toll-free telephone hotline to provide information and assistance
to victims of domestic violence.
‘‘(b) DURATION.—A grant under this section may extend over
a period of not more than 5 years.
‘‘(c) ANNUAL APPROVAL.—The provision of payments under a
grant under this section shall be subject to annual approval by
the Secretary and subject to the availability of appropriations for
each fiscal year to make the payments.
‘‘(d) ACTIVITIES.—Funds received by an entity under this section
shall be used to establish and operate a national, toll-free telephone
hotline to provide information and assistance to victims of domestic
violence. In establishing and operating the hotline, a private, non-
profit entity shall—
‘‘(1) contract with a carrier for the use of a toll-free tele-
phone line;
‘‘(2) employ, train, and supervise personnel to answer
incoming calls and provide counseling and referral services
to callers on a 24-hour-a-day basis;
‘‘(3) assemble and maintain a current database of informa-
tion relating to services for victims of domestic violence to
which callers may be referred throughout the United States,
including information on the availability of shelters that serve
battered women; and
‘‘(4) publicize the hotline to potential users throughout
the United States.
‘‘(e) APPLICATION.—A grant may not be made under this section
unless an application for such grant has been approved by the
Secretary. To be approved by the Secretary under this subsection
an application shall—
‘‘(1) contain such agreements, assurances, and information,
be in such form and be submitted in such manner as the
Secretary shall prescribe through notice in the Federal Register;
‘‘(2) include a complete description of the applicant’s plan
for the operation of a national domestic violence hotline, includ-
ing descriptions of—
‘‘(A) the training program for hotline personnel;
‘‘(B) the hiring criteria for hotline personnel;
‘‘(C) the methods for the creation, maintenance and
updating of a resource database;
H. R. 3355—131
‘‘(D) a plan for publicizing the availability of the hot-
line;
‘‘(E) a plan for providing service to non-English speak-
ing callers, including hotline personnel who speak Spanish;
and
‘‘(F) a plan for facilitating access to the hotline by
persons with hearing impairments;
‘‘(3) demonstrate that the applicant has nationally recog-
nized expertise in the area of domestic violence and a record
of high quality service to victims of domestic violence, including
a demonstration of support from advocacy groups, such as
domestic violence State coalitions or recognized national domes-
tic violence groups;
‘‘(4) demonstrates that the applicant has a commitment
to diversity, and to the provision of services to ethnic, racial,
and non-English speaking minorities, in addition to older
individuals and individuals with disabilities; and
‘‘(5) contain such other information as the Secretary may
require.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to carry out this section—
‘‘(A) $1,000,000 for fiscal year 1995;
‘‘(B) $400,000 for fiscal year 1996;
‘‘(C) $400,000 for fiscal year 1997;
‘‘(D) $400,000 for fiscal year 1998;
‘‘(E) $400,000 for fiscal year 1999; and
‘‘(F) $400,000 for fiscal year 2000.
‘‘(2) AVAILABILITY.—Funds authorized to be appropriated
under paragraph (1) shall remain available until expended.’’.
CHAPTER 2—INTERSTATE ENFORCEMENT
SEC. 40221. INTERSTATE ENFORCEMENT.
(a) IN GENERAL.—Part 1 of title 18, United States Code, is
amended by inserting after chapter 110 the following new chapter:
‘‘CHAPTER 110A—DOMESTIC VIOLENCE
‘‘Sec. 2261. Interstate domestic violence.
‘‘Sec. 2262. Interstate 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.
‘‘§ 2261. Interstate domestic violence
‘‘(a) OFFENSES.—
‘‘(1) CROSSING A STATE LINE.—A person who travels across
a State line or enters or leaves Indian country with the intent
to injure, harass, or intimidate that person’s spouse or intimate
partner, and who, in the course of or as a result of such
travel, intentionally commits a crime of violence and thereby
causes bodily injury to such spouse or intimate partner, shall
be punished as provided in subsection (b).
‘‘(2) CAUSING THE CROSSING OF A STATE LINE.—A person
who causes a spouse or intimate partner to cross a State
line or to enter or leave Indian country by force, coercion,
H. R. 3355—133
in the special maritime and territorial jurisdiction of the United
States or in a Federal prison); and
‘‘(5) for not more than 5 years, in any other case,
or both fined and imprisoned.
‘‘§ 2263. Pretrial release of defendant
‘‘In any proceeding pursuant to section 3142 for the purpose
of determining whether a defendant charged under this chapter
shall be released pending trial, or for the purpose of determining
conditions of such release, the alleged victim shall be given an
opportunity to be heard regarding the danger posed by the
defendant.
‘‘§ 2264. Restitution
‘‘(a) IN GENERAL.—Notwithstanding section 3663, and in addi-
tion to any other civil or criminal penalty authorized by law, the
court shall order restitution for any offense under this chapter.
‘‘(b) SCOPE AND NATURE OF ORDER.—
‘‘(1) DIRECTIONS.—The order of restitution under this sec-
tion shall direct that—
‘‘(A) the defendant pay to the victim (through the
appropriate court mechanism) the full amount of the vic-
tim’s losses as determined by the court, pursuant to para-
graph (3); and
‘‘(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
‘‘(2) ENFORCEMENT BY VICTIM.—An order of restitution also
may be enforced by a victim named in the order to receive
the restitution in the same manner as a judgment in a civil
action.
‘‘(3) DEFINITION.—For purposes of this subsection, the term
‘full amount of the victim’s losses’ includes any costs incurred
by the victim for—
‘‘(A) medical services relating to physical, psychiatric,
or psychological care;
‘‘(B) physical and occupational therapy or rehabilita-
tion;
‘‘(C) necessary transportation, temporary housing, and
child care expenses;
‘‘(D) lost income;
‘‘(E) attorneys’ fees, plus any costs incurred in obtain-
ing a civil protection order; and
‘‘(F) any other losses suffered by the victim as a proxi-
mate result of the offense.
‘‘(4) ORDER MANDATORY.—(A) The issuance of a restitution
order under this section is mandatory.
‘‘(B) A court may not decline to issue an order under
this section because of—
‘‘(i) the economic circumstances of the defendant; or
‘‘(ii) the fact that a victim has, or is entitled to, receive
compensation for his or her injuries from the proceeds
of insurance or any other source.
‘‘(C)(i) Notwithstanding subparagraph (A), the court may
take into account the economic circumstances of the defendant
in determining the manner in which and the schedule according
to which the restitution is to be paid.
H. R. 3355—134
‘‘(ii) For purposes of this subparagraph, the term ‘economic
circumstances’ includes—
‘‘(I) the financial resources and other assets of the
defendant;
‘‘(II) projected earnings, earning capacity, and other
income of the defendant; and
‘‘(III) any financial obligations of the defendant, includ-
ing obligations to dependents.
‘‘(D) Subparagraph (A) does not apply if—
‘‘(i) the court finds on the record that the economic
circumstances of the defendant do not allow for the pay-
ment of any amount of a restitution order, and do not
allow for the payment of any or some portion of the amount
of a restitution order in the foreseeable future (under any
reasonable schedule of payments); and
‘‘(ii) the court enters in its order the amount of the
victim’s losses, and provides a nominal restitution award.
‘‘(5) MORE THAN 1 OFFENDER.—When the court finds that
more than 1 offender has contributed to the loss of a victim,
the court may make each offender liable for payment of the
full amount of restitution or may apportion liability among
the offenders to reflect the level of contribution and economic
circumstances of each offender.
‘‘(6) MORE THAN 1 VICTIM.—When the court finds that more
than 1 victim has sustained a loss requiring restitution by
an offender, the court shall order full restitution of each victim
but may provide for different payment schedules to reflect
the economic circumstances of each victim.
‘‘(7) PAYMENT SCHEDULE.—An order under this section may
direct the defendant to make a single lump-sum payment or
partial payments at specified intervals.
‘‘(8) SETOFF.—Any amount paid to a victim under this
section shall be set off against any amount later recovered
as compensatory damages by the victim from the defendant
in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the extent provided
by the law of the State.
‘‘(9) EFFECT ON OTHER SOURCES OF COMPENSATION.—The
issuance of a restitution order shall not affect the entitlement
of a victim to receive compensation with respect to a loss
from insurance or any other source until the payments actually
received by the victim under the restitution order fully com-
pensate the victim for the loss.
‘‘(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.—
Compliance with a restitution order issued under this section
shall be a condition of any probation or supervised release
of a defendant. If an offender fails to comply with a restitution
order, the court may, after a hearing, revoke probation or
a term of supervised release, modify the terms or conditions
of probation or a term of supervised release, or hold the defend-
ant in contempt pursuant to section 3583(e). In determining
whether to revoke probation or a term of supervised release,
modify the terms or conditions of probation or supervised
release or hold a defendant serving a term of supervised release
in contempt, the court shall consider the defendant’s employ-
ment status, earning ability and financial resources, the willful-
H. R. 3355—135
ness of the defendant’s failure to comply, and any other cir-
cumstances that may have a bearing on the defendant’s ability
to comply.
‘‘(c) AFFIDAVIT.—Within 60 days after conviction and, in any
event, not later than 10 days before sentencing, the United States
Attorney (or such Attorney’s delegate), after consulting with the
victim, shall prepare and file an affidavit with the court listing
the amounts subject to restitution under this section. The affidavit
shall be signed by the United States Attorney (or the delegate)
and the victim. Should the victim object to any of the information
included in the affidavit, the United States Attorney (or the dele-
gate) shall advise the victim that the victim may file a separate
affidavit and assist the victim in the preparation of the affidavit.
‘‘(d) OBJECTION.—If, after the defendant has been notified of
the affidavit, no objection is raised by the defendant, the amounts
attested to in the affidavit filed pursuant to subsection (a) shall
be entered in the court’s restitution order. If objection is raised,
the court may require the victim or the United States Attorney
(or the United States Attorney’s delegate) to submit further affida-
vits or other supporting documents, demonstrating the victim’s
losses.
‘‘(e) ADDITIONAL DOCUMENTATION AND TESTIMONY.—If the court
concludes, after reviewing the supporting documentation and
considering the defendant’s objections, that there is a substantial
reason for doubting the authenticity or veracity of the records
submitted, the court may require additional documentation or hear
testimony on those questions. The privacy of any records filed,
or testimony heard, pursuant to this section, shall be maintained
to the greatest extent possible, and such records may be filed
or testimony heard in camera.
‘‘(f) FINAL DETERMINATION OF LOSSES.—If the victim’s losses
are not ascertainable 10 days before sentencing as provided in
subsection (c), the United States Attorney (or the United States
Attorney’s delegate) shall so inform the court, and the court shall
set a date for the final determination of the victim’s losses, not
to exceed 90 days after sentencing. If the victim subsequently
discovers further losses, the victim shall have 90 days after discov-
ery of those losses in which to petition the court for an amended
restitution order. Such order may be granted only upon a showing
of good cause for the failure to include such losses in the initial
claim for restitutionary relief.
‘‘(g) RESTITUTION IN ADDITION TO PUNISHMENT.—An award of
restitution to the victim of an offense under this chapter is not
a substitute for imposition of punishment under this chapter.
‘‘§ 2265. Full faith and credit given to protection orders
‘‘(a) FULL FAITH
AND CREDIT.—Any protection order issued
that is consistent with subsection (b) of this section by the court
of one State or Indian tribe (the issuing State or Indian tribe)
shall be accorded full faith and credit by the court of another
State or Indian tribe (the enforcing State or Indian tribe) and
enforced as if it were the order of the enforcing State or tribe.
‘‘(b) PROTECTION ORDER.—A protection order issued by a State
or tribal court is consistent with this subsection if—
‘‘(1) such court has jurisdiction over the parties and matter
under the law of such State or Indian tribe; and
H. R. 3355—136
‘‘(2) reasonable notice and opportunity to be heard is given
to the person against whom the order is sought sufficient to
protect that person’s right to due process. In the case of ex
parte orders, notice and opportunity to be heard must be pro-
vided within the time required by State or tribal law, and
in any event within a reasonable time after the order is issued,
sufficient to protect the respondent’s due process rights.
‘‘(c) CROSS OR COUNTER PETITION.—A protection order issued
by a State or tribal court against one who has petitioned, filed
a complaint, or otherwise filed a written pleading for protection
against abuse by a spouse or intimate partner is not entitled to
full faith and credit if—
‘‘(1) no cross or counter petition, complaint, or other written
pleading was filed seeking such a protection order; or
‘‘(2) a cross or counter petition has been filed and the
court did not make specific findings that each party was entitled
to such an order.
‘‘§ 2266. Definitions
‘‘In this chapter—
‘‘ ‘bodily injury’ means any act, except one done in self-
defense, that results in physical injury or sexual abuse.
‘‘ ‘Indian country’ has the meaning stated in section 1151.
‘‘ ‘protection order’ includes any injunction or other order
issued for the purpose of preventing violent or threatening
acts or harassment against, or contact or communication with
or physical proximity to, another person, including temporary
and final orders issued by civil and criminal courts (other
than support or child custody orders) whether obtained by
filing an independent action or as a pendente lite order in
another proceeding so long as any civil order was issued in
response to a complaint, petition or motion filed by or on
behalf of a person seeking protection.
‘‘ ‘spouse or intimate partner’ includes—
‘‘(A) a spouse, a former spouse, a person who shares
a child in common with the abuser, and a person who
cohabits or has cohabited with the abuser as a spouse;
and
‘‘(B) any other person similarly situated to a spouse
who is protected by the domestic or family violence laws
of the State in which the injury occurred or where the
victim resides.
‘‘ ‘State’ includes a State of the United States, the District
of Columbia, a commonwealth, territory, or possession of the
United States.
‘‘ ‘travel across State lines’ does not include travel across
State lines by an individual who is a member of an Indian
tribe when such individual remains at all times in the territory
of the Indian tribe of which the individual is a member.’’.
(b) TECHNICAL AMENDMENT.—The part analysis for part I of
title 18, United States Code, is amended by inserting after the
item for chapter 110 the following new item:
‘‘110A. Domestic violence ..................................................................................2261.’’.
H. R. 3355—137
CHAPTER 3—ARREST POLICIES IN DOMESTIC
VIOLENCE CASES
SEC. 40231. ENCOURAGING ARREST POLICIES.
(a) IN GENERAL.—Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended
by section 40121(a), is amended—
(1) by redesignating part U as part V;
(2) by redesignating section 2101 as section 2201; and
(3) by inserting after part T the following new part:
‘‘PART U—GRANTS TO ENCOURAGE ARREST
POLICIES
‘‘SEC. 2101. GRANTS.
‘‘(a) PURPOSE.—The purpose of this part is to encourage States,
Indian tribal governments, and units of local government to treat
domestic violence as a serious violation of criminal law.
‘‘(b) GRANT AUTHORITY.—The Attorney General may make
grants to eligible States, Indian tribal governments, or units of
local government for the following purposes:
‘‘(1) To implement mandatory arrest or proarrest programs
and policies in police departments, including mandatory arrest
programs and policies for protection order violations.
‘‘(2) To develop policies and training in police departments
to improve tracking of cases involving domestic violence.
‘‘(3) To centralize and coordinate police enforcement,
prosecution, or judicial responsibility for domestic violence cases
in groups or units of police officers, prosecutors, or judges.
‘‘(4) To coordinate computer tracking systems to ensure
communication between police, prosecutors, and both criminal
and family courts.
‘‘(5) To strengthen legal advocacy service programs for vic-
tims of domestic violence.
‘‘(6) To educate judges in criminal and other courts about
domestic violence and to improve judicial handling of such
cases.
‘‘(c) ELIGIBILITY.—Eligible grantees are States, Indian tribal
governments, or units of local government that—
‘‘(1) certify that their laws or official policies—
‘‘(A) encourage or mandate arrests of domestic violence
offenders based on probable cause that an offense has
been committed; and
‘‘(B) encourage or mandate arrest of domestic violence
offenders who violate the terms of a valid and outstanding
protection order;
‘‘(2) demonstrate that their laws, policies, or practices and
their training programs discourage dual arrests of offender
and victim;
‘‘(3) certify that their laws, policies, or practices prohibit
issuance of mutual restraining orders of protection except in
cases where both spouses file a claim and the court makes
detailed findings of fact indicating that both spouses acted
primarily as aggressors and that neither spouse acted primarily
in self-defense; and
H. R. 3355—138
‘‘(4) certify that their laws, policies, or practices do not
require, in connection with the prosecution of any misdemeanor
or felony domestic violence offense, that the abused bear the
costs associated with the filing of criminal charges or the service
of such charges on an abuser, or that the abused bear the
costs associated with the issuance or service of a warrant,
protection order, or witness subpoena.
‘‘SEC. 2102. APPLICATIONS.
‘‘(a) APPLICATION.—An eligible grantee shall submit an applica-
tion to the Attorney General that—
‘‘(1) contains a certification by the chief executive officer
of the State, Indian tribal government, or local government
entity that the conditions of section 2101(c) are met or will
be met within the later of—
‘‘(A) the period ending on the date on which the next
session of the State or Indian tribal legislature ends; or
‘‘(B) 2 years of the date of enactment of this part;
‘‘(2) describes plans to further the purposes stated in section
2101(a);
‘‘(3) identifies the agency or office or groups of agencies
or offices responsible for carrying out the program; and
‘‘(4) includes documentation from nonprofit, private sexual
assault and domestic violence programs demonstrating their
participation in developing the application, and identifying such
programs in which such groups will be consulted for develop-
ment and implementation.
‘‘(b) PRIORITY.—In awarding grants under this part, the Attor-
ney General shall give priority to applicants that—
‘‘(1) do not currently provide for centralized handling of
cases involving domestic violence by police, prosecutors, and
courts; and
‘‘(2) demonstrate a commitment to strong enforcement of
laws, and prosecution of cases, involving domestic violence.
‘‘SEC. 2103. REPORTS.
‘‘Each grantee receiving funds under this part shall submit
a report to the Attorney General evaluating the effectiveness of
projects developed with funds provided under this part and contain-
ing such additional information as the Attorney General may pre-
scribe.
‘‘SEC. 2104. REGULATIONS OR GUIDELINES.
‘‘Not later than 120 days after the date of enactment of this
part, the Attorney General shall publish proposed regulations or
guidelines implementing this part. Not later than 180 days after
the date of enactment of this part, the Attorney General shall
publish final regulations or guidelines implementing this part.
‘‘SEC. 2105. DEFINITIONS.
‘‘For purposes of this part—
‘‘(1) the term ‘domestic violence’ includes felony or mis-
demeanor crimes of violence committed by a current or former
spouse of the victim, by a person with whom the victim shares
a child in common, by a person who is cohabitating with or
has cohabitated with the victim as a spouse, by a person
similarly situated to a spouse of the victim under the domestic
or family violence laws of the jurisdiction receiving grant
H. R. 3355—139
monies, or by any other adult person against a victim who
is protected from that person’s acts under the domestic or
family violence laws of the eligible State, Indian tribal govern-
ment, or unit of local government that receives a grant under
this part; and
‘‘(2) the term ‘protection order’ includes any injunction
issued for the purpose of preventing violent or threatening
acts of domestic violence, including temporary and final orders
issued by civil or criminal courts (other than support or child
custody orders or provisions) whether obtained by filing an
independent action or as a pendente lite order in another
proceeding.’’.
(b) TECHNICAL AMENDMENT.—The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.), as amended by section 40121(b), is amended
by striking the matter relating to part U and inserting the following:
‘‘PART U—GRANTS TO ENCOURAGE ARREST POLICIES
‘‘Sec. 2101. Grants.
‘‘Sec. 2102. Applications.
‘‘Sec. 2103. Reports.
‘‘Sec. 2104. Regulations or guidelines.
‘‘Sec. 2105. Definitions.
‘‘PART V—TRANSITION—EFFECTIVE DATE—REPEALER
‘‘Sec. 2201. Continuation of rules, authorities, and proceedings.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3793), as amended by section 40121(c), is amended—
(1) in paragraph (3) by striking ‘‘and T’’ and inserting
‘‘T, and U’’; and
(2) by adding at the end the following new paragraph:
‘‘(19) There are authorized to be appropriated to carry out
part U—
‘‘(A) $28,000,000 for fiscal year 1996;
‘‘(B) $33,000,000 for fiscal year 1997; and
‘‘(C) $59,000,000 for fiscal year 1998.
(d) ADMINISTRATIVE PROVISIONS.—
(1) REGULATIONS.—Section 801(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)),
is amended by striking ‘‘and O’’ and inserting ‘‘O, and U’’.
(2) DENIAL OF APPLICATION.—Section 802(b) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3783 (b)) is amended in the first sentence by striking
‘‘or O’’ and inserting ‘‘O, or U’’.
CHAPTER 4—SHELTER GRANTS
SEC. 40241. GRANTS FOR BATTERED WOMEN’S SHELTERS.
Section 310(a) of the Family Violence Prevention and Services
Act (42 U.S.C. 10409(a)) is amended to read as follows:
‘‘(a) IN GENERAL.—There are authorized to be appropriated
to carry out this title—
‘‘(1) $50,000,000 for fiscal year 1996;
‘‘(2) $60,000,000 for fiscal year 1997;
‘‘(3) $70,000,000 for fiscal year 1998;
‘‘(4) $72,500,000 for fiscal year 1999; and
‘‘(5) $72,500,000 for fiscal year 2000.’’.
H. R. 3355—140
CHAPTER 5—YOUTH EDUCATION
SEC. 40251. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
The Family Violence Prevention and Services Act (42 U.S.C.
10401 et seq.), as amended by section 40211, is amended by adding
at the end the following new section:
‘‘SEC. 317. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
‘‘(a) GENERAL PURPOSE.—For purposes of this section, the Sec-
retary may, in consultation with the Secretary of Education, select,
implement and evaluate 4 model programs for education of young
people about domestic violence and violence among intimate part-
ners.
‘‘(b) NATURE OF PROGRAM.—The Secretary shall select, imple-
ment and evaluate separate model programs for 4 different
audiences: primary schools, middle schools, secondary schools, and
institutions of higher education. The model programs shall be
selected, implemented, and evaluated in consultation with edu-
cational experts, legal and psychological experts on battering, and
victim advocate organizations such as battered women’s shelters,
State coalitions and resource centers.
‘‘(c) REVIEW AND DISSEMINATION.—Not later than 2 years after
the date of enactment of this section, the Secretary shall transmit
the design and evaluation of the model programs, along with a
plan and cost estimate for nationwide distribution, to the relevant
committees of Congress for review.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $400,000 for fiscal
year 1996.’’.
CHAPTER 6—COMMUNITY PROGRAMS ON DOMESTIC
VIOLENCE
SEC. 40261. ESTABLISHMENT OF COMMUNITY PROGRAMS ON DOMES-
TIC VIOLENCE.
The Family Violence Prevention and Services Act (42 U.S.C.
10401 et seq.), as amended by section 40251, is amended by adding
at the end the following new section:
‘‘SEC. 318. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.
‘‘(a) IN GENERAL.—The Secretary shall provide grants to non-
profit private organizations to establish projects in local commu-
nities involving many sectors of each community to coordinate inter-
vention and prevention of domestic violence.
‘‘(b) ELIGIBILITY.—To be eligible for a grant under this section,
an entity—
‘‘(1) shall be a nonprofit organization organized for the
purpose of coordinating community projects for the intervention
in and prevention of domestic violence; and
‘‘(2) shall include representatives of pertinent sectors of
the local community, which may include—
‘‘(A) health care providers;
‘‘(B) the education community;
‘‘(C) the religious community;
‘‘(D) the justice system;
‘‘(E) domestic violence program advocates;
H. R. 3355—210
Rossi Model 62 SAC Carbine
Winchester Model 9422 Lever-Action Rifle
Winchester Model 9422 Magnum Lever-Action Rifle
Rimfire Rifles—Bolt Actions & Single Shots
Anschutz Achiever Bolt-Action Rifle
Anschutz 1416D/1516D Classic Rifles
Anschutz 1418D/1518D Mannlicher Rifles
Anschutz 1700D Classic Rifles
Anschutz 1700D Custom Rifles
Anschutz 1700 FWT Bolt-Action Rifle
Anschutz 1700D Graphite Custom Rifle
Anschutz 1700D Bavarian Bolt-Action Rifle
Armscor Model 14P Bolt-Action Rifle
Armscor Model 1500 Rifle
BRNO ZKM–452 Deluxe Bolt-Action Rifle
BRNO ZKM 452 Deluxe
Beeman/HW 60–J–ST Bolt-Action Rifle
Browning A-Bolt 22 Bolt-Action Rifle
Browning A-Bolt Gold Medallion
Cabanas Phaser Rifle
Cabanas Master Bolt-Action Rifle
Cabanas Espronceda IV Bolt-Action Rifle
Cabanas Leyre Bolt-Action Rifle
Chipmunk Single Shot Rifle
Cooper Arms Model 36S Sporter Rifle
Dakota 22 Sporter Bolt-Action Rifle
Krico Model 300 Bolt-Action Rifles
Lakefield Arms Mark II Bolt-Action Rifle
Lakefield Arms Mark I Bolt-Action Rifle
Magtech Model MT–22C Bolt-Action Rifle
Marlin Model 880 Bolt-Action Rifle
Marlin Model 881 Bolt-Action Rifle
Marlin Model 882 Bolt-Action Rifle
Marlin Model 883 Bolt-Action Rifle
Marlin Model 883SS Bolt-Action Rifle
Marlin Model 25MN Bolt-Action Rifle
Marlin Model 25N Bolt-Action Repeater
Marlin Model 15YN ‘‘Little Buckaroo’’
Mauser Model 107 Bolt-Action Rifle
Mauser Model 201 Bolt-Action Rifle
Navy Arms TU–KKW Training Rifle
Navy Arms TU–33/40 Carbine
Navy Arms TU–KKW Sniper Trainer
Norinco JW–27 Bolt-Action Rifle
Norinco JW–15 Bolt-Action Rifle
Remington 541–T
Remington 40–XR Rimfire Custom Sporter
Remington 541–T HB Bolt-Action Rifle
Remington 581–S Sportsman Rifle
Ruger 77/22 Rimfire Bolt-Action Rifle
Ruger K77/22 Varmint Rifle
Ultra Light Arms Model 20 RF Bolt-Action Rifle
Winchester Model 52B Sporting Rifle
Competition Rifles—Centerfire & Rimfire
Anschutz 64–MS Left Silhouette
Anschutz 1808D RT Super Match 54 Target
Anschutz 1827B Biathlon Rifle
Anschutz 1903D Match Rifle
Anschutz 1803D Intermediate Match
Anschutz 1911 Match Rifle
Anschutz 54.18MS REP Deluxe Silhouette Rifle
Anschutz 1913 Super Match Rifle
Anschutz 1907 Match Rifle
Anschutz 1910 Super Match II
Anschutz 54.18MS Silhouette Rifle
Anschutz Super Match 54 Target Model 2013
Anschutz Super Match 54 Target Model 2007
Beeman/Feinwerkbau 2600 Target Rifle
Cooper Arms Model TRP–1 ISU Standard Rifle
H. R. 3355—211
E.A.A./Weihrauch HW 60 Target Rifle
E.A.A./HW 660 Match Rifle
Finnish Lion Standard Target Rifle
Krico Model 360 S2 Biathlon Rifle
Krico Model 400 Match Rifle
Krico Model 360S Biathlon Rifle
Krico Model 500 Kricotronic Match Rifle
Krico Model 600 Sniper Rifle
Krico Model 600 Match Rifle
Lakefield Arms Model 90B Target Rifle
Lakefield Arms Model 91T Target Rifle
Lakefield Arms Model 92S Silhouette Rifle
Marlin Model 2000 Target Rifle
Mauser Model 86–SR Specialty Rifle
McMillan M–86 Sniper Rifle
McMillan Combo M–87/M–88 50-Caliber Rifle
McMillan 300 Phoenix Long Range Rifle
McMillan M–89 Sniper Rifle
McMillan National Match Rifle
McMillan Long Range Rifle
Parker-Hale M–87 Target Rifle
Parker-Hale M–85 Sniper Rifle
Remington 40–XB Rangemaster Target Centerfire
Remington 40–XR KS Rimfire Position Rifle
Remington 40–XBBR KS
Remington 40–XC KS National Match Course Rifle
Sako TRG–21 Bolt-Action Rifle
Steyr-Mannlicher Match SPG–UIT Rifle
Steyr-Mannlicher SSG P–I Rifle
Steyr-Mannlicher SSG P–III Rifle
Steyr-Mannlicher SSG P–IV Rifle
Tanner Standard UIT Rifle
Tanner 50 Meter Free Rifle
Tanner 300 Meter Free Rifle
Wichita Silhouette Rifle
Shotguns—Autoloaders
American Arms/Franchi Black Magic 48/AL
Benelli Super Black Eagle Shotgun
Benelli Super Black Eagle Slug Gun
Benelli M1 Super 90 Field Auto Shotgun
Benelli Montefeltro Super 90 20-Gauge Shotgun
Benelli Montefeltro Super 90 Shotgun
Benelli M1 Sporting Special Auto Shotgun
Benelli Black Eagle Competition Auto Shotgun
Beretta A–303 Auto Shotgun
Beretta 390 Field Auto Shotgun
Beretta 390 Super Trap, Super Skeet Shotguns
Beretta Vittoria Auto Shotgun
Beretta Model 1201F Auto Shotgun
Browning BSA 10 Auto Shotgun
Browning BSA 10 Stalker Auto Shotgun
Browning A–500R Auto Shotgun
Browning A–500G Auto Shotgun
Browning A–500G Sporting Clays
Browning Auto-5 Light 12 and 20
Browning Auto-5 Stalker
Browning Auto-5 Magnum 20
Browning Auto-5 Magnum 12
Churchill Turkey Automatic Shotgun
Cosmi Automatic Shotgun
Maverick Model 60 Auto Shotgun
Mossberg Model 5500 Shotgun
Mossberg Model 9200 Regal Semi-Auto Shotgun
Mossberg Model 9200 USST Auto Shotgun
Mossberg Model 9200 Camo Shotgun
Mossberg Model 6000 Auto Shotgun
Remington Model 1100 Shotgun
Remington 11–87 Premier Shotgun
Remington 11–87 Sporting Clays
Remington 11–87 Premier Skeet
H. R. 3355—212
Remington 11–87 Premier Trap
Remington 11–87 Special Purpose Magnum
Remington 11–87 SPS–T Camo Auto Shotgun
Remington 11–87 Special Purpose Deer Gun
Remington 11–87 SPS–BG-Camo Deer/Turkey Shotgun
Remington 11–87 SPS-Deer Shotgun
Remington 11–87 Special Purpose Synthetic Camo
Remington SP–10 Magnum-Camo Auto Shotgun
Remington SP–10 Magnum Auto Shotgun
Remington SP–10 Magnum Turkey Combo
Remington 1100 LT–20 Auto
Remington 1100 Special Field
Remington 1100 20-Gauge Deer Gun
Remington 1100 LT–20 Tournament Skeet
Winchester Model 1400 Semi-Auto Shotgun
Shotguns—Slide Actions
Browning Model 42 Pump Shotgun
Browning BPS Pump Shotgun
Browning BPS Stalker Pump Shotgun
Browning BPS Pigeon Grade Pump Shotgun
Browning BPS Pump Shotgun (Ladies and Youth Model)
Browning BPS Game Gun Turkey Special
Browning BPS Game Gun Deer Special
Ithaca Model 87 Supreme Pump Shotgun
Ithaca Model 87 Deerslayer Shotgun
Ithaca Deerslayer II Rifled Shotgun
Ithaca Model 87 Turkey Gun
Ithaca Model 87 Deluxe Pump Shotgun
Magtech Model 586–VR Pump Shotgun
Maverick Models 88, 91 Pump Shotguns
Mossberg Model 500 Sporting Pump
Mossberg Model 500 Camo Pump
Mossberg Model 500 Muzzleloader Combo
Mossberg Model 500 Trophy Slugster
Mossberg Turkey Model 500 Pump
Mossberg Model 500 Bantam Pump
Mossberg Field Grade Model 835 Pump Shotgun
Mossberg Model 835 Regal Ulti-Mag Pump
Remington 870 Wingmaster
Remington 870 Special Purpose Deer Gun
Remington 870 SPS–BG-Camo Deer/Turkey Shotgun
Remington 870 SPS-Deer Shotgun
Remington 870 Marine Magnum
Remington 870 TC Trap
Remington 870 Special Purpose Synthetic Camo
Remington 870 Wingmaster Small Gauges
Remington 870 Express Rifle Sighted Deer Gun
Remington 879 SPS Special Purpose Magnum
Remington 870 SPS–T Camo Pump Shotgun
Remington 870 Special Field
Remington 870 Express Turkey
Remington 870 High Grades
Remington 870 Express
Remington Model 870 Express Youth Gun
Winchester Model 12 Pump Shotgun
Winchester Model 42 High Grade Shotgun
Winchester Model 1300 Walnut Pump
Winchester Model 1300 Slug Hunter Deer Gun
Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun
Winchester Model 1300 Turkey Gun
Winchester Model 1300 Ranger Pump Gun
Shotguns—Over/Unders
American Arms/Franchi Falconet 2000 O/U
American Arms Silver I O/U
American Arms Silver II Shotgun
American Arms Silver Skeet O/U
American Arms/Franchi Sporting 2000 O/U
American Arms Silver Sporting O/U
American Arms Silver Trap O/U
H. R. 3355—213
American Arms WS/OU 12, TS/OU 12 Shotguns
American Arms WT/OU 10 Shotgun
Armsport 2700 O/U Goose Gun
Armsport 2700 Series O/U
Armsport 2900 Tri-Barrel Shotgun
Baby Bretton Over/Under Shotgun
Beretta Model 686 Ultralight O/U
Beretta ASE 90 Competition O/U Shotgun
Beretta Over/Under Field Shotguns
Beretta Onyx Hunter Sport O/U Shotgun
Beretta Model SO5, SO6, SO9 Shotguns
Beretta Sporting Clay Shotguns
Beretta 687EL Sporting O/U
Beretta 682 Super Sporting O/U
Beretta Series 682 Competition Over/Unders
Browning Citori O/U Shotgun
Browning Superlight Citori Over/Under
Browning Lightning Sporting Clays
Browning Micro Citori Lightning
Browning Citori Plus Trap Combo
Browning Citori Plus Trap Gun
Browning Citori O/U Skeet Models
Browning Citori O/U Trap Models
Browning Special Sporting Clays
Browning Citori GTI Sporting Clays
Browning 325 Sporting Clays
Centurion Over/Under Shotgun
Chapuis Over/Under Shotgun
Connecticut Valley Classics Classic Sporter O/U
Connecticut Valley Classics Classic Field Waterfowler
Charles Daly Field Grade O/U
Charles Daly Lux Over/Under
E.A.A./Sabatti Sporting Clays Pro-Gold O/U
E.A.A/Sabatti Falcon-Mon Over/Under
Kassnar Grade I O/U Shotgun
Krieghoff K–80 Sporting Clays O/U
Krieghoff K–80 Skeet Shotgun
Krieghoff K–80 International Skeet
Krieghoff K–80 Four-Barrel Skeet Set
Krieghoff K–80/RT Shotguns
Krieghoff K–80 O/U Trap Shotgun
Laurona Silhouette 300 Sporting Clays
Laurona Silhouette 300 Trap
Laurona Super Model Over/Unders
Ljutic LM–6 Deluxe O/U Shotgun
Marocchi Conquista Over/Under Shotgun
Marocchi Avanza O/U Shotgun
Merkel Model 200E O/U Shotgun
Merkel Model 200E Skeet, Trap Over/Unders
Merkel Model 203E, 303E Over/Under Shotguns
Perazzi Mirage Special Sporting O/U
Perazzi Mirage Special Four-Gauge Skeet
Perazzi Sporting Classic O/U
Perazzi MX7 Over/Under Shotguns
Perazzi Mirage Special Skeet Over/Under
Perazzi MX8/MX8 Special Trap, Skeet
Perazzi MX8/20 Over/Under Shotgun
Perazzi MX9 Single Over/Under Shotguns
Perazzi MX12 Hunting Over/Under
Perazzi MX28, MX410 Game O/U Shotguns
Perazzi MX20 Hunting Over/Under
Piotti Boss Over/Under Shotgun
Remington Peerless Over/Under Shotgun
Ruger Red Label O/U Shotgun
Ruger Sporting Clays O/U Shotgun
San Marco 12-Ga. Wildflower Shotgun
San Marco Field Special O/U Shotgun
San Marco 10-Ga. O/U Shotgun
SKB Model 505 Deluxe Over/Under Shotgun
SKB Model 685 Over/Under Shotgun
SKB Model 885 Over/Under Trap, Skeet, Sporting Clays
Stoeger/IGA Condor I O/U Shotgun
H. R. 3355—214
Stoeger/IGA ERA 2000 Over/Under Shotgun
Techni-Mec Model 610 Over/Under
Tikka Model 412S Field Grade Over/Under
Weatherby Athena Grade IV O/U Shotguns
Weatherby Athena Grade V Classic Field O/U
Weatherby Orion O/U Shotguns
Weatherby II, III Classic Field O/Us
Weatherby Orion II Classic Sporting Clays O/U
Weatherby Orion II Sporting Clays O/U
Winchester Model 1001 O/U Shotgun
Winchester Model 1001 Sporting Clays O/U
Pietro Zanoletti Model 2000 Field O/U
Shotguns—Side by Sides
American Arms Brittany Shotgun
American Arms Gentry Double Shotgun
American Arms Derby Side-by-Side
American Arms Grulla #2 Double Shotgun
American Arms WS/SS 10
American Arms TS/SS 10 Double Shotgun
American Arms TS/SS 12 Side-by-Side
Arrieta Sidelock Double Shotguns
Armsport 1050 Series Double Shotguns
Arizaga Model 31 Double Shotgun
AYA Boxlock Shotguns
AYA Sidelock Double Shotguns
Beretta Model 452 Sidelock Shotgun
Beretta Side-by-Side Field Shotguns
Crucelegui Hermanos Model 150 Double
Chapuis Side-by-Side Shotgun
E.A.A./Sabatti Saba-Mon Double Shotgun
Charles Daly Model Dss Double
Ferlib Model F VII Double Shotgun
Auguste Francotte Boxlock Shotgun
Auguste Francotte Sidelock Shotgun
Garbi Model 100 Double
Garbi Model 101 Side-by-Side
Garbi Model 103A, B Side-by-Side
Garbi Model 200 Side-by-Side
Bill Hanus Birdgun Doubles
Hatfield Uplander Shotgun
Merkel Model 8, 47E Side-by-Side Shotguns
Merkel Model 47LSC Sporting Clays Double
Merkel Model 47S, 147S Side-by-Sides
Parker Reproductions Side-by-Side
Piotti King No. 1 Side-by-Side
Piotti Lunik Side-by-Side
Piotti King Extra Side-by-Side
Piotti Piuma Side-by-Side
Precision Sports Model 600 Series Doubles
Rizzini Boxlock Side-by-Side
Rizzini Sidelock Side-by-Side
Stoeger/IGA Uplander Side-by-Side Shotgun
Ugartechea 10-Ga. Magnum Shotgun
Shotguns—Bolt Actions & Single Shots
Armsport Single Barrel Shotgun
Browning BT–99 Competition Trap Special
Browning BT–99 Plus Trap Gun
Browning BT–99 Plus Micro
Browning Recoilless Trap Shotgun
Browning Micro Recoilless Trap Shotgun
Desert Industries Big Twenty Shotgun
Harrington & Richardson Topper Model 098
Harrington & Richardson Topper Classic Youth Shotgun
Harrington & Richardson N.W.T.F. Turkey Mag
Harrington & Richardson Topper Deluxe Model 098
Krieghoff KS–5 Trap Gun
Krieghoff KS–5 Special
Krieghoff K–80 Single Barrel Trap Gun
Ljutic Mono Gun Single Barrel
H. R. 3355—284
(3) if the victim is not able to or chooses not to testify
at a sentencing hearing or parole hearing, the victim’s parents,
legal guardian, or family members should have the right to
address the court or board.
Subtitle B—Crime Victims’ Fund
SEC. 230201. ALLOCATION OF FUNDS FOR COSTS AND GRANTS.
(a) GENERALLY.—Section 1402(d) of the Victims of Crime Act
of 1984 (42 U.S.C. 10601(d)) is amended by—
(1) striking paragraph (2) and inserting the following:
‘‘(2) the next $10,000,000 deposited in the Fund shall be
available for grants under section 1404A.’’;
(2) striking paragraph (3) and inserting the following:
‘‘(3) Of the remaining amount deposited in the Fund in
a particular fiscal year—
‘‘(A) 48.5 percent shall be available for grants under
section 1403;
‘‘(B) 48.5 percent shall be available for grants under
section 1404(a); and
‘‘(C) 3 percent shall be available for grants under sec-
tion 1404(c).’’;
(3) striking paragraph (4) and inserting the following:
‘‘(4) The Director may retain any portion of the Fund that
was deposited during a fiscal year that is in excess of 110
percent of the total amount deposited in the Fund during
the preceding fiscal year as a reserve for use in a year in
which the Fund falls below the amount available in the previous
year. Such reserve may not exceed $20,000,000.’’; and
(4) striking paragraph (5).
(b) CONFORMING CROSS REFERENCE.—Section 1402(g)(1) of the
Victims of Crime Act of 1984 (42 U.S.C. 10601(g)(1)) is amended
by striking ‘‘(d)(2)(D)’’ and inserting ‘‘(d)(2)’’.
SEC. 230202. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO
CERTAIN FEDERAL PROGRAMS.
Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C.
10602) is amended by adding at the end the following new sub-
section:
‘‘(e) Notwithstanding any other law, if the compensation paid
by an eligible crime victim compensation program would cover
costs that a Federal program, or a federally financed State or
local program, would otherwise pay,—
‘‘(1) such crime victim compensation program shall not
pay that compensation; and
‘‘(2) the other program shall make its payments without
regard to the existence of the crime victim compensation pro-
gram.’’.
SEC. 230203. ADMINISTRATIVE COSTS FOR CRIME VICTIM COMPENSA-
TION.
(a) CREATION
OF EXCEPTION.—The final sentence of section
1403(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C.
10602(a)(1)) is amended by striking ‘‘A grant’’ and inserting ‘‘Except
as provided in paragraph (3), a grant’’.
H. R. 3355—295
(1) 10 persons by the President, not more than 6 of whom
shall be of the same major political party.
(2) 9 persons by the President pro tempore of the Senate,
5 of whom shall be appointed on the recommendation of the
Majority Leader of the Senate and the chairman of the Commit-
tee on the Judiciary of the Senate, and 4 of whom shall be
appointed on the recommendation of the Minority Leader of
the Senate and the ranking minority member of the Committee
on the Judiciary of the Senate.
(3) 9 persons appointed by the Speaker of the House of
Representatives, in consultation with the chairman of the
Committee on the Judiciary of the House of Representatives,
and 4 of whom shall be appointed on the recommendation
of the Minority Leader of the House of Representatives, in
consultation with the ranking member of the Committee on
the Judiciary.
(b) COMMITTEES
AND TASK FORCES.—The Commission shall
establish committees or task forces from among its members for
the examination of specific subject areas and the carrying out
of other functions or responsibilities of the Commission, including
committees or task forces for the examination of the subject areas
of crime and violence generally, the causes of the demand for
drugs, violence in schools, and violence against women, as described
in subsections (b) through (e) of section 270004.
(c) REPRESENTATION.—(1) At least 1 member of the Commission
appointed by the President, at least 2 members of the Commission
appointed by the President pro tempore of the Senate, and at
least 2 members of the Commission appointed by the Speaker
of the House of Representatives shall be persons well-qualified
to participate in the Commission’s examination of the subject area
of crime and violence generally, with education, training, expertise,
or experience in such areas as law enforcement, law, sociology,
psychology, social work, and ethnography and urban poverty
(including health care, housing, education, and employment).
(2) At least 1 member of the Commission appointed by the
President, at least 2 members of the Commission appointed by
the President pro tempore of the Senate, and at least 2 members
of the Commission appointed by the Speaker of the House of Rep-
resentatives shall be persons well-qualified to participate in the
Commission’s examination of the subject area of the causes of
the demand for drugs, with education, training, expertise, or experi-
ence in such areas as addiction, biomedicine, sociology, psychology,
law, and ethnography and urban poverty (including health care,
housing, education, and employment).
(3) At least 1 member of the Commission appointed by the
President, at least 2 members of the Commission appointed by
the President pro tempore of the Senate, and at least 2 members
of the Commission appointed by the Speaker of the House of Rep-
resentatives shall be persons well-qualified to participate in the
Commission’s examination of the subject area of violence in schools,
with education, training, expertise, or experience in such areas
as law enforcement, education, school governance policy and teach-
ing, law, sociology, psychology, and ethnography and urban poverty
(including health care, housing, education, and employment).
(4) At least 1 member of the Commission appointed by the
President, at least 2 members of the Commission appointed by
the President pro tempore of the Senate, and at least 2 members
H. R. 3355—315
(5) by striking ‘‘subject to imprisonment’’ and inserting
‘‘fined under this title or imprisoned’’; and
(6) by inserting ‘‘, or both’’ after ‘‘life’’.
(d) DAMAGE TO RELIGIOUS PROPERTY.—Section 247 of title 18,
United States Code, is amended—
(1) in subsection (c)(1) by inserting ‘‘from acts committed
in violation of this section or if such acts include kidnapping
or an attempt to kidnap, aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or an attempt to kill’’
after ‘‘death results’’;
(2) in subsection (c)(2)—
(A) by striking ‘‘serious’’; and
(B) by inserting ‘‘from the acts committed in violation
of this section or if such acts include the use, attempted
use, or threatened use of a dangerous weapon, explosives,
or fire’’ after ‘‘bodily injury results’’; and
(3) by amending subsection (e) to read as follows:
‘‘(e) As used in this section, the term ‘religious property’ means
any church, synagogue, mosque, religious cemetery, or other reli-
gious property.’’.
(e) FAIR HOUSING ACT.—Section 901 of the Fair Housing Act
(42 U.S.C. 3631) is amended—
(1) in the caption by striking ‘‘bodily injury; death;’’;
(2) by striking ‘‘not more than $1,000,’’ and inserting ‘‘under
this title’’;
(3) by inserting ‘‘from the acts committed in violation of
this section or if such acts include the use, attempted use,
or threatened use of a dangerous weapon, explosives, or fire’’
after ‘‘bodily injury results’’;
(4) by striking ‘‘not more than $10,000,’’ and inserting
‘‘under this title’’;
(5) by inserting ‘‘from the acts committed in violation of
this section or if such acts include kidnapping or an attempt
to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill,’’ after ‘‘death
results’’;
(6) by striking ‘‘subject to imprisonment’’ and inserting
‘‘fined under this title or imprisoned’’; and
(7) by inserting ‘‘, or both’’ after ‘‘life’’.
SEC. 320104. PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS
AND SERVICES.
(a) IN GENERAL.—Section 2320(a) of title 18, United States
Code, is amended—
(1) in the first sentence—
(A) by striking ‘‘$250,000 or imprisoned not more than
five years’’ and inserting ‘‘$2,000,000 or imprisoned not
more than 10 years’’; and
(B) by striking ‘‘$1,000,000’’ and inserting ‘‘$5,000,000’’;
and
(2) in the second sentence—
(A) by striking ‘‘$1,000,000 or imprisoned not more
than fifteen years’’ and inserting ‘‘$5,000,000 or imprisoned
not more than 20 years’’; and
(B) 
by 
striking 
‘‘$5,000,000’’ 
and 
inserting
‘‘$15,000,000’’.
H. R. 3355—316
(b) 
LAUNDERING
MONETARY
INSTRUMENTS.—Section
1956(c)(7)(D) of title 18, United States Code, is amended by striking
‘‘or section 2319 (relating to copyright infringement),’’ and inserting
‘‘section 2319 (relating to copyright infringement), or section 2320
(relating to trafficking in counterfeit goods and services),’’.
SEC. 320105. INCREASED PENALTY FOR CONSPIRACY TO COMMIT MUR-
DER FOR HIRE.
Section 1958(a) of title 18, United States Code, is amended
by inserting ‘‘or who conspires to do so’’ before ‘‘shall be fined’’
the first place it appears.
SEC. 320106. INCREASED PENALTIES FOR ARSON.
Section 844 of title 18, United States Code, is amended—
(1) in subsection (f)—
(A) by striking ‘‘not more than ten years, or fined
not more than $10,000’’ and inserting ‘‘not more than 20
years, fined the greater of the fine under this title or
the cost of repairing or replacing any property that is
damaged or destroyed,’’; and
(B) by striking ‘‘not more than twenty years, or fined
not more than $10,000’’ and inserting ‘‘not more than 40
years, fined the greater of the fine under this title or
the cost of repairing or replacing any property that is
damaged or destroyed,’’;
(2) in subsection (h)—
(A) in the first sentence by striking ‘‘five years’’ and
inserting ‘‘5 years but not more than 15 years’’; and
(B) in the second sentence by striking ‘‘ten years’’ and
inserting ‘‘10 years but not more than 25 years’’; and
(3) in subsection (i)—
(A) by striking ‘‘not more than ten years or fined not
more than $10,000’’ and inserting ‘‘not more than 20 years,
fined the greater of the fine under this title or the cost
of repairing or replacing any property that is damaged
or destroyed,’’; and
(B) by striking ‘‘not more than twenty years or fined
not more than $20,000’’ and inserting ‘‘not more than 40
years, fined the greater of the fine under this title or
the cost of repairing or replacing any property that is
damaged or destroyed,’’.
SEC. 320107. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR
PUBLIC HOUSING.
Section 419 of the Controlled Substances Act (21 U.S.C. 860)
is amended—
(1) in subsection (a) by striking ‘‘playground, or within’’
and inserting ‘‘playground, or housing facility owned by a public
housing authority, or within’’; and
(2) in subsection (b) by striking ‘‘playground, or within’’
and inserting ‘‘playground, or housing facility owned by a public
housing authority, or within’’.
SEC. 320108. TASK FORCE AND CRIMINAL PENALTIES RELATING TO
THE INTRODUCTION OF NONINDIGENOUS SPECIES.
(a) TASK FORCE.—
(1) IN GENERAL.—The Attorney General is authorized to
convene a law enforcement task force in Hawaii to facilitate