170
port, receive, or disseminate information under this
subtitle;
(2) the term ‘‘background check crime’’ means
a child abuse crime, murder, manslaughter, aggra-
vated assault, kidnapping, arson, sexual assault, do-
mestic violence, incest, indecent exposure, prostitu-
tion, promotion of prostitution, and a felony offense
involving the use or distribution of a controlled sub-
stance;
(3) the term ‘‘child’’ means a person who is a
child for purposes of the criminal child abuse law of
a State;
(4) the term ‘‘child abuse’’ means the physical
or mental injury, sexual abuse or exploitation, ne-
glectful treatment, negligent treatment, or maltreat-
ment of a child by any person in violation of the
criminal child abuse laws of a State, but does not in-
clude discipline administered by a parent or legal
guardian to his or her child provided it is reasonable
in manner and moderate in degree and otherwise
does not constitute cruelty;
(5) the term ‘‘child abuse crime’’ means a crime
committed under any law of a State that establishes
criminal penalties for the commission of child abuse
171
by a parent or other family member of a child or by
any other person;
(6) the term ‘‘child abuse crime information’’
means the following facts concerning a person who
is under indictment for, or has been convicted of, a
child abuse crime: full name, race, sex, date of birth,
height, weight, a brief description of the child abuse
crime or offenses for which the person has been ar-
rested or is under indictment or has been convicted,
the disposition of the charge, and any other informa-
tion that the Attorney General determines may be
useful in identifying persons arrested for, under in-
dictment for, or convicted of, a child abuse crime;
(7) the term ‘‘child care’’ means the provision
of care, treatment, education, training, instruction,
supervision, or recreation to children;
(8) the term ‘‘domestic violence’’ means a fel-
ony or misdemeanor involving the use or threatened
use of force by—
(A) a present or former spouse of the vic-
tim;
(B) a person with whom the victim shares
a child in common;
(C) a person who is cohabiting with or has
cohabited with the victim as a spouse; or
172
(D) any person defined as a spouse of the
victim under the domestic or family violence
laws of a State;
(9) the term ‘‘exploitation’’ means child pornog-
raphy and child prostitution;
(10) the term ‘‘mental injury’’ means harm to
a child’s psychological or intellectual functioning,
which may be exhibited by severe anxiety, depres-
sion, withdrawal or outward aggressive behavior, or
a combination of those behaviors or by a change in
behavior, emotional response, or cognition;
(11) the term ‘‘national criminal background
check system’’ means the system maintained by the
Federal Bureau of Investigation based on fingerprint
identification or any other method of positive identi-
fication;
(12) the term ‘‘negligent treatment’’ means the
failure to provide, for a reason other than poverty,
adequate food, clothing, shelter, or medical care so
as to seriously endanger the physical health of a
child;
(13) the term ‘‘physical injury’’ includes lacera-
tions, fractured bones, burns, internal injuries, se-
vere bruising, and serious bodily harm;
(14) the term ‘‘provider’’ means—
173
(A) a person who—
(i) is employed by or volunteers with
a qualified entity;
(ii) who owns or operates a qualified
entity; or
(iii) who has or may have unsuper-
vised access to a child to whom the quali-
fied entity provides child care; and
(B) a person who—
(i) seeks to be employed by or volun-
teer with a qualified entity;
(ii) seeks to own or operate a qualified
entity; or
(iii) seeks to have or may have unsu-
pervised access to a child to whom the
qualified entity provides child care;
(15) the term ‘‘qualified entity’’ means a busi-
ness or organization, whether public, private, for-
profit, not-for-profit, or voluntary, that provides
child care or child care placement services, including
a business or organization that licenses or certifies
others to provide child care or child care placement
services;
(16) the term ‘‘sex crime’’ means an act of sex-
ual abuse that is a criminal act;
174
(17) the term ‘‘sexual abuse’’ includes the em-
ployment, use, persuasion, inducement, enticement,
or coercion of a child to engage in, or assist another
person to engage in, sexually explicit conduct or the
rape, molestation, prostitution, or other form of sex-
ual exploitation of children or incest with children;
and
(18) the term ‘‘State’’ means a State, the Dis-
trict of Columbia, the Commonwealth of Puerto
Rico, American Samoa, the Virgin Islands, Guam,
and the Trust Territories of the Pacific.
SEC. 804. REPORTING BY THE STATES.
(a) IN GENERAL.—An authorized criminal justice
agency of a State shall report child abuse crime informa-
tion to, or index child abuse crime information in, the na-
tional criminal background check system.
(b) PROVISION
OF STATE CHILD ABUSE CRIME
RECORDS THROUGH
THE NATIONAL CRIMINAL BACK-
GROUND CHECK SYSTEM.—(1) Not later than 180 days
after the date of enactment of this Act, the Attorney Gen-
eral shall—
(A) investigate the criminal records of each
State and determine for each State a timetable by
which the State should be able to provide child
abuse crime records on an on-line capacity basis
175
through the national criminal background check sys-
tem;
(B) establish guidelines for the reporting or in-
dexing of child abuse crime information, including
guidelines relating to the format, content, and accu-
racy of child abuse crime information and other pro-
cedures for carrying out this Act; and
(C) notify each State of the determinations
made pursuant to subparagraphs (A) and (B).
(2) The Attorney General shall require as a part of
the State timetable that the State—
(A) achieve, by not later than the date that is
3 years after the date of enactment of this Act, at
least 80 percent currency of final case dispositions
in computerized criminal history files for all identifi-
able child abuse crime cases in which there has been
an event of activity within the last 5 years;
(B) continue to maintain at least 80 percent
currency of final case dispositions in all identifiable
child abuse crime cases in which there has been an
event of activity within the preceding 5 years; and
(C) take steps to achieve full disposition report-
ing, including data quality audits and periodic no-
tices to criminal justice agencies identifying records
176
that lack final dispositions and requesting those dis-
positions.
(c) LIAISON.—An authorized agency of a State shall
maintain close liaison with the National Center on Child
Abuse and Neglect, the National Center for Missing and
Exploited Children, and the National Center for the Pros-
ecution of Child Abuse for the exchange of technical as-
sistance in cases of child abuse.
(d) ANNUAL SUMMARY.—(1) The Attorney General
shall publish an annual statistical summary of the child
abuse crime information reported under this subtitle.
(2) The annual statistical summary described in
paragraph (1) shall not contain any information that may
reveal the identity of any particular victim or alleged viola-
tor.
(e) ANNUAL REPORT.—The Attorney General shall
publish an annual summary of each State’s progress in
reporting child abuse crime information to the national
criminal background check system.
(f) STUDY OF CHILD ABUSE OFFENDERS.—(1) Not
later than 180 days after the date of enactment of this
Act, the Administrator of the Office of Juvenile Justice
and Delinquency Prevention shall begin a study based on
a statistically significant sample of convicted child abuse
offenders and other relevant information to determine—
177
(A) the percentage of convicted child abuse of-
fenders who have more than 1 conviction for an of-
fense involving child abuse;
(B) the percentage of convicted child abuse of-
fenders who have been convicted of an offense in-
volving child abuse in more than 1 State;
(C) whether there are crimes or classes of
crimes, in addition to those defined as background
check crimes in section 3, that are indicative of a
potential to abuse children; and
(D) the extent to which and the manner in
which instances of child abuse form a basis for con-
victions for crimes other than child abuse crimes.
(2) Not later than 1 year after the date of enactment
of this Act, the Administrator shall submit a report to the
Chairman of the Committee on the Judiciary of the Senate
and the Chairman of the Committee on the Judiciary of
the House of Representatives containing a description of
and a summary of the results of the study conducted pur-
suant to paragraph (1).
SEC. 805. BACKGROUND CHECKS.
(a) IN GENERAL.—(1) A State may have in effect
procedures (established by or under State statute or regu-
lation) to permit a qualified entity to contact an author-
ized agency of the State to request a nationwide back-
178
ground check for the purpose of determining whether
there is a report that a provider is under indictment for,
or has been convicted of, a background check crime.
(2) The authorized agency shall access and review
State and Federal records of background check crimes
through the national criminal background check system
and shall respond promptly to the inquiry.
(b) GUIDELINES.—(1) The Attorney General shall es-
tablish guidelines for State background check procedures
established under subsection (a), which guidelines shall in-
clude the requirements and protections this subtitle.
(2) The guidelines established under paragraph (1)
shall require—
(A) that no qualified entity may request a back-
ground check of a provider under subsection (a) un-
less the provider first completes and signs a state-
ment that—
(i) contains the name, address, and date of
birth appearing on a valid identification docu-
ment (as defined by section 1028(d)(1) of title
18, United States Code) of the provider;
(ii) the provider is not under indictment
for, and has not been convicted of, a back-
ground check crime and, if the provider is
under indictment for or has been convicted of
179
a background check crime, contains a descrip-
tion of the crime and the particulars of the in-
dictment or conviction;
(iii) notifies the provider that the entity
may request a background check under sub-
section (a);
(iv) notifies the provider of the provider’s
rights under subparagraph (B); and
(v) notifies the provider that prior to the
receipt of the background check the qualified
entity may choose to deny the provider unsuper-
vised access to a child to whom the qualified en-
tity provides child care;
(B) that each State establish procedures under
which a provider who is the subject of a background
check under subsection (a) is entitled—
(i) to obtain a copy of any background
check report and any record that forms the
basis for any such report; and
(ii) to challenge the accuracy and com-
pleteness of any information contained in any
such report or record and obtain a prompt de-
termination from an authorized agency as to
the validity of such challenge;
180
(C) that an authorized agency to which a quali-
fied entity has provided notice pursuant to sub-
section (a) make reasonable efforts to complete re-
search in whatever State and local recordkeeping
systems are available and in the national criminal
background check system and respond to the quali-
fied entity within 15 business days;
(D) that the response of an authorized agency
to an inquiry pursuant to subsection (a) inform the
qualified entity that the background check pursuant
to this section—
(i) may not reflect all indictments or con-
victions for a background check crime; and
(ii) may not be the sole basis for determin-
ing the fitness of a provider;
(E) that the response of an authorized agency
to an inquiry pursuant to subsection (a) be limited
to the conviction or pending indictment information
reasonably required to accomplish the purposes of
this Act;
(F) that the qualified entity may choose to deny
the provider unsupervised access to a child to whom
the qualified entity provides child care on the basis
of a background check under subsection (a) until the
provider has obtained a determination as to the va-
181
lidity of any challenge under subparagraph (B) or
waived the right to make such challenge;
(G) that each State establish procedures to en-
sure that any background check under subsection
(a) and the results thereof shall be requested by and
provided only to—
(i) qualified entities identified by States;
(ii) authorized representatives of a quali-
fied entity who have a need to know such infor-
mation;
(iii) the provider who is the subject of a
background check;
(iv) law enforcement authorities; or
(v) pursuant to the direction of a court of
law;
(H) that background check information con-
veyed to a qualified entity pursuant to subsection (a)
shall not be conveyed to any person except as pro-
vided under subparagraph (G);
(I) that an authorized agency shall not be liable
in an action at law for damages for failure to pre-
vent a qualified entity from taking action adverse to
a provider on the basis of a background check;
(J) that a State employee or a political subdivi-
sion of a State or employee thereof responsible for
182
providing information to the national criminal back-
ground check system shall not be liable in an action
at law for damages for failure to prevent a qualified
entity from taking action adverse to a provider on
the basis of a background check; and
(K) that a State or Federal provider of criminal
history records, and any employee thereof, shall not
be liable in an action at law for damages for failure
to prevent a qualified entity from taking action ad-
verse to a provider on the basis of a criminal back-
ground check, or due to a criminal history record’s
being incomplete.
(c) EQUIVALENT PROCEDURES.—(1) Notwithstand-
ing anything to the contrary in this section, the Attorney
General may certify that a State licensing or certification
procedure that differs from the procedures described in
subsections (a) and (b) shall be deemed to be the equiva-
lent of such procedures for purposes of this Act, but the
procedures described in subsections (a) and (b) shall con-
tinue to apply to those qualified entities, providers, and
background check crimes that are not governed by or in-
cluded within the State licensing or certification proce-
dure.
(2) The Attorney General shall by regulation estab-
lish criteria for certifications under this subsection. Such
183
criteria shall include a finding by the Attorney General
that the State licensing or certification procedure accom-
plishes the purposes of this Act and incorporates a nation-
wide review of State and Federal records of background
check offenses through the national criminal background
check system.
(d) REGULATIONS.—(1) The Attorney General may
by regulation prescribe such other measures as may be
required to carry out the purposes of this Act, including
measures relating to the security, confidentiality, accu-
racy, use, misuse, and dissemination of information, and
audits and recordkeeping.
(2) The Attorney General shall, to the maximum ex-
tent possible, encourage the use of the best technology
available in conducting background checks.
SEC. 806. FUNDING FOR IMPROVEMENT OF CHILD ABUSE
CRIME INFORMATION.
(a) USE OF FORMULA GRANTS FOR IMPROVEMENTS
IN STATE RECORDS AND SYSTEMS.—Section 509(b) of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3759(b)) is amended—
(A) in paragraph (2) by striking ‘‘and’’ after
the semicolon;
(B) in paragraph (3) by striking the period and
inserting ‘‘; and’’; and
184
(C) by adding at the end the following new
paragraph:
‘‘(4) the improvement of State record systems
and the sharing of all of the records described in
paragraphs (1), (2), and (3) and the records re-
quired by the Attorney General under section 804 of
the Violent Crime Control and Law Enforcement
Act of 1993 for the purposes of implementing sec-
tions 804 and 805 of that Act.’’.
(b) ADDITIONAL FUNDING GRANTS FOR THE IM-
PROVEMENT OF CHILD ABUSE CRIME INFORMATION.—
(1) The Attorney General shall, subject to appropriations
and with preference to States that as of the date of enact-
ment of this Act have the lowest percent currency of case
dispositions in computerized criminal history files, make
a grant to each State to be used—
(A) for the computerization of criminal history
files for the purposes of this subtitle;
(B) for the improvement of existing computer-
ized criminal history files for the purposes of this
subtitle;
(C) to improve accessibility to the national
criminal background check system for the purposes
of this subtitle; and
185
(D) to assist the State in the transmittal of
criminal records to, or the indexing of criminal his-
tory record in, the national criminal background
check system for the purposes of this subtitle.
(2) There are authorized to be appropriated for
grants under paragraph (1) a total of $20,000,000 for fis-
cal years 1994, 1995, and 1996.
(c) WITHHOLDING STATE FUNDS.—Effective 1 year
after the date of enactment of this Act, the Attorney Gen-
eral may reduce by up to 10 percent the allocation to a
State for a fiscal year under title I of the Omnibus Crime
Control and Safe Streets Act of 1968 of a State that is
not in compliance with the timetable established for that
State under section 804 of this Act.
Subtitle C—Crimes Against
Children Registration
SEC. 807. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—
(1) STATE GUIDELINES.—The Attorney General
shall establish guidelines for State programs requir-
ing any person who is convicted of a criminal offense
against a victim who is a minor to register a current
address with a designated State law enforcement
agency for 10 years after release from prison, being
186
placed on parole, or being placed on supervised re-
lease.
(2) DEFINITION.—For purposes of this sub-
section, the term ‘‘criminal offense against a victim
who is a minor’’ includes—
(A) kidnapping of a minor, except by a
noncustodial parent;
(B) false imprisonment of a minor, except
by a noncustodial parent;
(C) criminal sexual conduct toward a
minor;
(D) solicitation of minors to engage in sex-
ual conduct;
(E) use of minors in a sexual performance;
or
(F) solicitation of minors to practice pros-
titution.
(b) REGISTRATION REQUIREMENT UPON RELEASE,
PAROLE, OR SUPERVISED RELEASE.—An approved State
registration program established by this section shall con-
tain the following requirements:
(1) NOTIFICATION.—If a person who is re-
quired to register under this section is released from
prison, paroled, or placed on supervised release, a
State prison officer shall—
187
(A) inform the person of the duty to reg-
ister;
(B) inform the person that if the person
changes residence address, the person shall give
the new address to a designated State law en-
forcement agency in writing within 10 days;
(C) obtain fingerprints and a photograph
of the person if these have not already been ob-
tained in connection with the offense that trig-
gers registration; and
(D) require the person to read and sign a
form stating that the duty of the person to reg-
ister under this section has been explained.
(2) TRANSFER OF INFORMATION TO STATE AND
THE F.B.I.—The officer shall, within 3 days after re-
ceipt of information described in paragraph (1), for-
ward it to a designated State law enforcement agen-
cy. The State law enforcement agency shall imme-
diately enter the information into the appropriate
State law enforcement record system and notify the
appropriate law enforcement agency having jurisdic-
tion where the person expects to reside. The State
law enforcement agency shall also immediately
transmit the conviction data and fingerprints to the
188
Identification Division of the Federal Bureau of In-
vestigation.
(3) ANNUAL VERIFICATION.—On each anniver-
sary of a person’s initial registration date during the
period in which the person is required to register
under this section, the designated State law enforce-
ment agency shall mail a nonforwardable verification
form to the last reported address of the person. The
person shall mail the verification form to the officer
within 10 days after receipt of the form. The ver-
ification form shall be signed by the person, and
state that the person still resides at the address last
reported to the designated State law enforcement
agency. If the person fails to mail the verification
form to the designated State law enforcement agen-
cy within 10 days after receipt of the form, the per-
son shall be in violation of this section unless the
person proves that the person has not changed his
or her residence address.
(4) NOTIFICATION OF LOCAL LAW ENFORCE-
MENT AGENCIES OF CHANGES IN ADDRESS.—Any
change of address by a person required to register
under this section reported to the designated State
law enforcement agency shall immediately be re-
189
ported to the appropriate law enforcement agency
having jurisdiction where the person is residing.
(c) REGISTRATION FOR 10 YEARS.—A person re-
quired to register under this section shall continue to com-
ply with this section until 10 years have elapsed since the
person was released from imprisonment, or placed on pa-
role or supervised release.
(d) PENALTY.—A person required to register under
a State program established pursuant to this section who
knowingly fails to so register and keep such registration
current shall be subject to criminal penalties in such State.
It is the sense of Congress that such penalties should in-
clude at least 6 months imprisonment.
(e) PRIVATE DATA.—The information provided under
this section is private data on individuals and may be used
for law enforcement purposes and confidential background
checks conducted with fingerprints by a designated state
law enforcement agency for child care services providers.
SEC. 808. STATE COMPLIANCE.
(a) COMPLIANCE DATE.—Each State shall have 3
years from the date of the enactment of this Act in which
to implement the provisions of this subtitle.
(b) INELIGIBILITY FOR FUNDS.—The allocation of
funds under section 506 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3756)
190
received by a State not complying with this subtitle 3
years after the date of enactment of this Act may be re-
duced by 10 percent and the unallocated funds shall be
reallocated to the States in compliance with this section.
TITLE IX—CRIME VICTIMS
SEC. 901. VICTIMS’ FUND PERCENTAGE ALLOCATION MODI-
FICATION.
Section 1402(d)(2) of the Victims of Crime Act of
1984 (42 U.S.C. 10601(d)(2)), is amended—
(a) by striking ‘‘and’’ at the end of subpara-
graph (A);
(b) by striking the period at the end of sub-
paragraph (B) and inserting a semicolon; and
(c) by adding at the end the following:
‘‘(C) 1 percent shall be available for grants
under section 1404(c); and
‘‘(D) 4.5 percent shall be available for
grants as provided in section 1404A.’’.
SEC. 902. RELATIONSHIP OF CRIME VICTIM COMPENSA-
TION 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:
‘‘(e) Notwithstanding any other provision of law, if
the compensation paid by an eligible crime victim com-
191
pensation program would cover costs that a Federal pro-
gram, or a federally financed State or local program,
would otherwise pay, then—
‘‘(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 program.’’.
SEC. 903. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.
Rule 32 of the Federal Rules of Criminal Procedure
is amended by—
(1) striking ‘‘and’’ following the semicolon in
subdivision (a)(1)(B);
(2) striking the period at the end of subdivision
(a)(1)(C) and inserting in lieu thereof ‘‘; and’’;
(3) inserting after subdivision (a)(1)(C) the fol-
lowing:
‘‘(D) if sentence is to be imposed for a
crime of violence or sexual abuse, address the
victim personally if the victim is present at the
sentencing hearing and determine if the victim
wishes to make a statement and to present any
information in relation to the sentence.’’;
(4) in the second to last sentence of subdivision
(a)(1), striking ‘‘equivalent opportunity’’ and insert-
192
ing in lieu thereof ‘‘opportunity equivalent to that of
the defendant’s counsel’’;
(5) in the last sentence of subdivision (a)(1) in-
serting ‘‘the victim,’’ before ‘‘or the attorney for the
Government.’’; and
(6) adding at the end the following:
‘‘(f) DEFINITIONS.—For purposes of this rule—
‘‘(1) ‘victim’ means any individual against
whom an offense for which a sentence is to be im-
posed has been committed, but the right of allocu-
tion under subdivision (a)(1)(D) may be exercised
instead by—
‘‘(A) a parent or legal guardian in case the
victim is below the age of eighteen years or in-
competent; or
‘‘(B) one or more family members or rel-
atives designated by the court in case the victim
is deceased or incapacitated;
if such person or persons are present at the sentenc-
ing hearing, regardless of whether the victim is
present; and
‘‘(2) ‘crime of violence or sexual abuse’ means
a crime that involved the use or attempted or threat-
ened use of physical force against the person or
193
property of another, or a crime under chapter 109A
of title 18, United States Code.’’.
SEC. 904. REPORT ON BATTERED WOMEN’S SYNDROME.
(a) REPORT.—Not less than 1 year after the date of
enactment of this Act, the Attorney General and the Sec-
retary of Health and Human Services shall transmit to
the House Committee on Energy and Commerce, the Sen-
ate Committee on Labor and Human Resources, and the
Committees on the Judiciary of the Senate and the House
of Representatives a report on the medical and psycho-
logical basis of ‘‘battered women’s syndrome’’ and on the
extent to which evidence of the syndrome has been held
to be admissible as evidence of guilt or as a defense in
a criminal trial.
(b) COMPONENTS OF THE REPORT.—The report de-
scribed in subsection (a) shall include—
(1) medical and psychological testimony on the
validity of battered women’s syndrome as a psycho-
logical condition;
(2) a compilation of State and Federal court
cases that have admitted evidence of battered wom-
en’s syndrome as evidence of guilt as a defense in
criminal trials; and
(3) an assessment by State and Federal judges,
prosecutors, and defense attorneys on the effects
194
that evidence of battered women’s syndrome may
have in criminal trials.
TITLE X—STATE AND LOCAL
LAW ENFORCEMENT
Subtitle A—Safer Streets and
Neighborhoods
SEC. 1001. CONTINUATION OF FEDERAL-STATE FUNDING
FORMULA.
Section 504(a)(1) of part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended
by section 211 of the Department of Justice Appropria-
tions Act, 1990 (Public Law 101–162) and section 601
of the Crime Control Act of 1990 (Public Law 101–647),
is amended by striking ‘‘1991’’ and inserting ‘‘1994’’.
SEC. 1002. LIMITATION ON GRANT DISTRIBUTION.
(a) AMENDMENT.—Section 510(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3760(b)) is amended by inserting ‘‘non-Federal’’
after ‘‘with’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on October 1, 1994.
195
Subtitle B—DNA Identification
SEC. 1003. FUNDING TO IMPROVE THE QUALITY AND AVAIL-
ABILITY OF DNA ANALYSES FOR LAW EN-
FORCEMENT IDENTIFICATION PURPOSES.
(a) DRUG CONTROL
AND SYSTEM IMPROVEMENT
GRANT PROGRAM.—Section 501(b) of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3751(b)) is amended—
(1) in paragraph (20) by striking ‘‘and’’ at the
end,
(2) in paragraph (21) by striking the period at
the end and inserting ‘‘; and’’, and
(3) by adding at the end the following:
‘‘(22) developing or improving in a forensic lab-
oratory a capability to analyze deoxyribonucleic acid
(hereinafter in this title referred to as ‘DNA’) for
identification purposes.’’.
(b) STATE APPLICATIONS.—Section 503(a) of title I
of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3753(a)) is amended by adding at the
end thereof the following new paragraph:
‘‘(12) If any part of a grant made under this
part is to be used to develop or improve a DNA
analysis capability in a forensic laboratory, a certifi-
cation that—
196
‘‘(A) DNA analyses performed at such lab-
oratory will satisfy or exceed then current
standards for a quality assurance program for
DNA analysis, issued by the Director of the
Federal Bureau of Investigation under section
1003 of the Violent Crime Control and Law
Enforcement Act of 1993;
‘‘(B) DNA samples obtained by, and DNA
analyses performed at, such laboratory will be
accessible only—
‘‘(i) to criminal justice agencies for
law enforcement identification purposes;
‘‘(ii) for criminal defense purposes, to
a defendant, who shall have access to sam-
ples and analyses performed in connection
with the case in which such defendant is
charged; or
‘‘(iii) if personally identifiable infor-
mation is removed, for a population statis-
tics database, for identification research
and protocol development purposes, or for
quality control purposes; and
‘‘(C) such laboratory, and each analyst
performing DNA analyses at such laboratory,
will undergo, at regular intervals of not to ex-
197
ceed 180 days, external proficiency testing by a
DNA proficiency testing program meeting the
standards issued under section 1003 of the Vio-
lent Crime Control and Law Enforcement Act
of 1993.’’.
(c) AUTHORIZATION OF APPROPRIATION.—For each
of the fiscal years 1994 through 1998, there are author-
ized to be appropriated $10 million for grants to the states
for DNA analysis under section 1003 of this Act.
SEC. 1004. QUALITY ASSURANCE AND PROFICIENCY TEST-
ING STANDARDS.
(a) PUBLICATION OF QUALITY ASSURANCE AND PRO-
FICIENCY TESTING STANDARDS.—(1) Not later than 180
days after the date of the enactment of this Act, the Direc-
tor of the Federal Bureau of Investigation shall appoint
an advisory board on DNA quality assurance methods.
The Director shall appoint members of the board from
among nominations proposed by the head of the National
Academy of Sciences and professional societies of crime
laboratory directors. The advisory board shall include as
members scientists from State and local forensic labora-
tories, molecular geneticists and population geneticists not
affiliated with a forensic laboratory, and a representative
from the National Institute of Standards and Technology.
The advisory board shall develop, and if appropriate, peri-
198
odically revise, recommended standards for quality assur-
ance, including standards for testing the proficiency of fo-
rensic laboratories, and forensic analysts, in conducting
analyses of DNA.
(2) The Director of the Federal Bureau of Investiga-
tion, after taking into consideration such recommended
standards, shall issue (and revise from time to time)
standards for quality assurance, including standards for
testing the proficiency of forensic laboratories, and foren-
sic analysts, in conducting analyses of DNA.
(3) The standards described in paragraphs (1) and
(2) shall specify criteria for quality assurance and pro-
ficiency tests to be applied to the various types of DNA
analyses used by forensic laboratories. The standards shall
also include a system for grading proficiency testing per-
formance to determine whether a laboratory is performing
acceptably.
(4) Until such time as the advisory board has made
recommendations to the Director of the Federal Bureau
of Investigation and the Director has acted upon those
recommendations, the quality assurance guidelines adopt-
ed by the technical working group on DNA analysis meth-
ods shall be deemed the Director’s standards for purposes
of this section.
199
(b) ADMINISTRATION OF THE ADVISORY BOARD.—
For administrative purposes, the advisory board appointed
under subsection (a) shall be considered an advisory board
to the Director of the Federal Bureau of Investigation.
Section 14 of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply with respect to the advisory
board appointed under subsection (a). The board shall
cease to exist on the date 5 years after the initial appoint-
ments are made to the board, unless the existence of the
board is extended by the Director of the Federal Bureau
of Investigation.
SEC. 1005. INDEX TO FACILITATE LAW ENFORCEMENT EX-
CHANGE OF DNA IDENTIFICATION INFORMA-
TION.
(a) The Director of the Federal Bureau of Investiga-
tion may establish an index of—
(1) DNA identification records of persons con-
victed of crimes;
(2) analyses of DNA samples recovered from
crime scenes; and
(3) analyses of DNA samples recovered from
unidentified human remains.
(b) Such index may include only information on DNA
identification records and DNA analyses that are—
200
(1) based on analyses performed in accordance
with publicly available standards that satisfy or ex-
ceed the guidelines for a quality assurance program
for DNA analysis, issued by the Director of the Fed-
eral Bureau of Investigation under section 1004 of
this subtitle;
(2) prepared by laboratories, and DNA ana-
lysts, that undergo, at regular intervals of not to ex-
ceed 180 days, external proficiency testing by a
DNA proficiency testing program meeting the stand-
ards issued under section 1004 of this subtitle; and
(3) maintained by Federal, State, and local
criminal justice agencies pursuant to rules that allow
disclosure of stored DNA samples and DNA analy-
ses only—
(A) to criminal justice agencies for law en-
forcement identification purposes;
(B) for criminal defense purposes, to a de-
fendant, who shall have access to samples and
analyses performed in connection with the case
in which such defendant is charged; or
(C) if personally identifiable information is
removed, for a population statistics database,
for identification research and protocol develop-
ment purposes, or for quality control purposes.
201
(c) The exchange of records authorized by this section
is subject to cancellation if the quality control and privacy
requirements described in subsection (b) of this section are
not met.
SEC. 1006. FEDERAL BUREAU OF INVESTIGATION.
(a) PROFICIENCY TESTING REQUIREMENTS.—
(1) GENERALLY.—Personnel at the Federal
Bureau of Investigation who perform DNA analyses
shall undergo, at regular intervals of not to exceed
180 days, external proficiency testing by a DNA
proficiency testing program meeting the standards
issued under section 1004(b). Within one year of the
date of enactment of this Act, the Director of the
Federal Bureau of Investigation shall arrange for
periodic blind external tests to determine the pro-
ficiency of DNA analysis performed at the Federal
Bureau of Investigation laboratory. As used in this
paragraph, the term ‘‘blind external test’’ means a
test that is presented to the laboratory through a
second agency and appears to the analysts to involve
routine evidence.
(2) REPORT.—For five years after the date of
enactment of this Act, the Director of the Federal
Bureau of Investigation shall submit to the Commit-
tees on the Judiciary of the House and Senate an
202
annual report on the results of each of the tests re-
ferred to in paragraph (1).
(b) PRIVACY PROTECTION STANDARDS.—
(1) GENERALLY.—Except as provided in para-
graph (2), the results of DNA tests performed for
a Federal law enforcement agency for law enforce-
ment purposes may be disclosed only—
(A) to criminal justice agencies for law en-
forcement identification purposes; or
(B) for criminal defense purposes, to a de-
fendant, who shall have access to samples and
analyses performed in connection with the case
in which such defendant is charged.
(2) EXCEPTION.—If personally identifiable in-
formation is removed, test results may be disclosed
for a population statistics database, for identification
research and protocol development purposes, or for
quality control purposes.
(c) CRIMINAL PENALTY.—(1) Whoever—
(A) by virtue of employment or official position,
has possession of, or access to, individually identifi-
able DNA information indexed in a database created
or maintained by any Federal law enforcement agen-
cy; and
203
(B) willfully discloses such information in any
manner to any person or agency not entitled to re-
ceive it;
shall be fined not more than $100,000.
(2) Whoever, without authorization, willfully obtains
DNA samples or individually identifiable DNA informa-
tion indexed in a database created or maintained by any
Federal law enforcement agency shall be fined not more
than $100,000.
SEC. 1007. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fed-
eral Bureau of Investigation $4,500,000 for each of fiscal
years 1994 through 1998 to carry out sections 1004,
1005, and 1006 of this Act.
Subtitle C—Department of Justice
Community 
Substance 
Abuse
Prevention
SEC. 1008. COMMUNITY PARTNERSHIPS.
Part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is
amended by adding at the end thereof the following:
‘‘Subpart 4—Community Coalitions on Substance Abuse
‘‘GRANTS TO COMBAT SUBSTANCE ABUSE
‘‘SEC. 531. (a) DEFINITION.—As used in this section,
the term ‘eligible coalition’ means an association, consist-
204
ing of at least seven organizations, agencies, and individ-
uals that are concerned about preventing substance abuse,
that shall include—
‘‘(1) public and private organizations and agen-
cies that represent law enforcement, schools, health
and social service agencies, and community-based or-
ganizations; and
‘‘(2) representatives of 3 of the following
groups: the clergy, academia, business, parents,
youth, the media, civic and fraternal groups, or
other nongovernmental interested parties.
‘‘(b) GRANT PROGRAM.—The Attorney General, act-
ing through the Director of the Bureau of Justice Assist-
ance, and the appropriate State agency, may make grants
to eligible coalitions in order to—
‘‘(1) plan and implement comprehensive long-
term strategies for substance abuse prevention;
‘‘(2) develop a detailed assessment of existing
substance abuse prevention programs and activities
to determine community resources and to identify
major gaps and barriers in such programs and ac-
tivities;
‘‘(3) identify and solicit funding sources to en-
able such programs and activities to become self-sus-
taining;
205
‘‘(4) develop a consensus regarding the prior-
ities of a community concerning substance abuse;
‘‘(5) develop a plan to implement such prior-
ities; and
‘‘(6) coordinate substance abuse services and
activities, including prevention activities in the
schools or communities and substance abuse treat-
ment programs.
‘‘(c) COMMUNITY
PARTICIPATION.—In developing
and implementing a substance abuse prevention program,
a coalition receiving funds under subsection (b) shall—
‘‘(1) emphasize and encourage substantial vol-
untary participation in the community, especially
among individuals involved with youth such as teach-
ers, coaches, parents, and clergy; and
‘‘(2) emphasize and encourage the involvement
of businesses, civic groups, and other community or-
ganizations and members.
‘‘(d) APPLICATION.—An eligible coalition shall sub-
mit an application to the Attorney General and the appro-
priate State agency in order to receive a grant under this
section. Such application shall—
‘‘(1) describe and, to the extent possible, docu-
ment the nature and extent of the substance abuse
problem, emphasizing who is at risk and specifying
206
which groups of individuals should be targeted for
prevention and intervention;
‘‘(2) describe the activities needing financial as-
sistance;
‘‘(3) identify participating agencies, organiza-
tions, and individuals;
‘‘(4) identify the agency, organization, or indi-
vidual that has responsibility for leading the coali-
tion, and provide assurances that such agency, orga-
nization or individual has previous substance abuse
prevention experience;
‘‘(5) describe a mechanism to evaluate the suc-
cess of the coalition in developing and carrying out
the substance abuse prevention plan referred to in
subsection (b)(5) and to report on such plan to the
Attorney General on an annual basis; and
‘‘(6) contain such additional information and
assurances as the Attorney General and the appro-
priate State agency may prescribe.
‘‘(e) PRIORITY.—In awarding grants under this sec-
tion, the Attorney General and the appropriate State
agency shall give priority to a community that—
‘‘(1) provides evidence of significant substance
abuse;
207
‘‘(2) proposes a comprehensive and multifaceted
approach to eliminating substance abuse;
‘‘(3) encourages the involvement of businesses
and community leaders in substance abuse preven-
tion activities;
‘‘(4) demonstrates a commitment and a high
priority for preventing substance abuse; and
‘‘(5) demonstrates support from the community
and State and local agencies for efforts to eliminate
substance abuse.
‘‘(f) REVIEW.—Each coalition receiving money pursu-
ant to the provisions of this section shall submit an annual
report to the Attorney General, and the appropriate State
agency, evaluating the effectiveness of the plan described
in subsection (b)(5) and containing such additional infor-
mation as the Attorney General, or the appropriate State
agency, may prescribe. The Attorney General, in conjunc-
tion with the Director of the Bureau of Justice Assistance,
and the appropriate State agency, shall submit an annual
review to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of Rep-
resentatives. Such review shall—
‘‘(1) evaluate the grant program established in
this section to determine its effectiveness;
208
‘‘(2) implement necessary changes to the pro-
gram that can be done by the Attorney General; and
‘‘(3) recommend any statutory changes that are
necessary.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out the provi-
sions of this section, $15,000,000 for fiscal year 1994,
$20,000,000 for fiscal year 1995, and $25,000,000 for fis-
cal year 1996.’’.
(c) AMENDMENT
TO TABLE
OF SECTIONS.—The
table of sections of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)
is amended by adding at the end thereof the following:
‘‘SUBPART 4—COMMUNITY COALITION ON SUBSTANCE ABUSE
‘‘Sec. 531. Grants to combat substance abuse.’’.
Subtitle D—Drug Testing of
Arrested Individuals
SEC. 1009. DRUG TESTING UPON ARREST.
(a) IN GENERAL.—Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), 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:
209
‘‘PART U—GRANTS FOR DRUG TESTING UPON
ARREST
‘‘SEC. 2101. GRANT AUTHORIZATION.
‘‘The Director of the Bureau of Justice Assistance
is authorized to make grants under this part to States,
for the use by States and units of local government in
the States, for the purpose of developing, implementing,
or continuing a drug testing project when individuals are
arrested and during the pretrial period.
‘‘SEC. 2102. STATE APPLICATIONS.
‘‘(a) GENERAL REQUIREMENTS.—To request a grant
under this part the chief executive of a State shall submit
an application to the Director in such form and containing
such information as the Director may reasonably require.
‘‘(b) MANDATORY ASSURANCES.—To be eligible to
receive funds under this part, a State must agree to de-
velop or maintain programs of urinalysis or similar drug
testing of individuals upon arrest and on a regular basis
pending trial for the purpose of making pretrial detention
decisions.
‘‘(c) CENTRAL OFFICE.—The office designated under
section 507 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3757)—
‘‘(1) shall prepare the application as required
under subsection (a); and
210
‘‘(2) shall administer grant funds received
under this part, including, review of spending, proc-
essing, progress, financial reporting, technical assist-
ance, grant adjustments, accounting, auditing, and
fund disbursement.
‘‘SEC. 2103. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—(1) To request funds under this
part from a State, the chief executive of a unit of local
government shall submit an application to the office des-
ignated under section 2102(c) of the Violent Crime Con-
trol and Law Enforcement Act of 1993.
‘‘(2) Such application shall be considered approved,
in whole or in part, by the State not later than 90 days
after such application is first received unless the State in-
forms the applicant in writing of specific reasons for dis-
approval.
‘‘(3) The State shall not disapprove any application
submitted to the State without first affording the appli-
cant reasonable notice and an opportunity for reconsider-
ation.
‘‘(4) If such application is approved, the unit of local
government is eligible to receive such funds.
‘‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERN-
MENT.—A State that receives funds under section 2101
of the Violent Crime Control and Law Enforcement Act
211
of 1993 in a fiscal year shall make such funds available
to units of local government with an application that has
been submitted and approved by the State within 90 days
after the Bureau has approved the application submitted
by the State and has made funds available to the State.
The Director shall have the authority to waive the 90-day
requirement in this section upon a finding that the State
is unable to satisfy such requirement under State statutes.
‘‘SEC. 2104. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) STATE DISTRIBUTION.—Of the total amount ap-
propriated under this part in any fiscal year—
‘‘(1) 0.4 percent shall be allocated to each of
the participating States; and
‘‘(2) of the total funds remaining after the allo-
cation under paragraph (1), there shall be allocated
to each of the participating States an amount which
bears the same ratio to the amount of remaining
funds described in this paragraph as the number of
individuals arrested in such State bears to the num-
ber of individuals arrested in all the participating
States.
‘‘(b) LOCAL DISTRIBUTION.—(1) A State that re-
ceives funds under this part in a fiscal year shall distribute
to units of local government in such State that portion
of such funds which bears the same ratio to the aggregate
212
amount of such funds as the amount of funds expended
by all units of local government for criminal justice in the
preceding fiscal year bears to the aggregate amount of
funds expended by the State and all units of local govern-
ment in such State for criminal justice in such preceding
fiscal year.
‘‘(2) Any funds not distributed to units of local gov-
ernment under paragraph (1) shall be available for ex-
penditure by such State for purposes specified in such
State’s application.
‘‘(3) If the Director determines, on the basis of infor-
mation available during any fiscal year, that a portion of
the funds allocated to a State for such fiscal year will not
be used by such State or that a State is not eligible to
receive funds under section 2101 of the Violent Crime
Control and Law Enforcement Act of 1993, the Director
shall award such funds to units of local government in
such State giving priority to the units of local government
that the Director considers to have the greatest need.
‘‘(c) 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 applica-
tion submitted under section 2102 of the Violent Crime
Control and Law Enforcement Act of 1993 for the fiscal
213
year for which the projects receive assistance under this
part.
‘‘(d) GEOGRAPHIC
DISTRIBUTION.—The Director
shall attempt, to the extent practicable, to achieve an equi-
table geographic distribution of grant awards.
‘‘SEC. 2105. REPORT.
‘‘A State or unit of local government that receives
funds under this part shall submit to the Director a report
in March of each fiscal year that funds are received under
this part regarding the effectiveness of the drug testing
project.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended
by striking the matter relating to part U and inserting
the following:
‘‘PART U—DRUG TESTING FOR INDIVIDUALS ARRESTED
‘‘Sec. 2101. Grant authorization.
‘‘Sec. 2102. State applications.
‘‘Sec. 2103. Local applications.
‘‘Sec. 2104. Allocation and distribution of funds.
‘‘Sec. 2105. Report.
‘‘PART V—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 2201. Continuation of rules, authorities, and proceedings.’’.
SEC. 1010. AUTHORIZATION OF APPROPRIATIONS.
Section 1001(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3793), is amended
by adding after paragraph (14) the following:
214
‘‘(15) There are authorized to be appropriated
$100,000,000 for the fiscal years 1994, 1995, and 1996
to carry out the projects under part U.’’.
Subtitle E—Racial and Ethnic Bias
Study Grants
SEC. 1011. STUDY GRANTS.
(a) AUTHORIZATION OF GRANT PROGRAM.—
(1) IN
GENERAL.—The Attorney General,
through the Bureau of Justice Assistance, is author-
ized to make grants to States that have established
by State law or by the court of last resort a plan
for analyzing the role of race in that State’s criminal
justice system. Such plan shall include recommenda-
tions designed to correct any findings that racial and
ethnic bias plays such a role.
(2) CRITERIA FOR GRANTS.—Grants under this
subsection shall be awarded based upon criteria es-
tablished by the Attorney General. In establishing
the criteria, the Attorney General shall take into
consideration the population of the respective States,
the racial and ethnic composition of the population
of the States, and the crime rates of the States.
(3) REPORTS BY STATES.—Recipients of grants
under this subsection shall report the findings and
recommendations of studies funded by grants under