221
(b) 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.
SEC. 1076. CLERICAL AMENDMENT.
The table of chapters at the beginning of subtitle V
of title 31, United States Code, is amended by adding
after the item relating to chapter 65 the following:
‘‘67. Federal Payments ..................................................................... 6701’’.
Subtitle J—Employment and Skills
Crime Prevention
SEC. 1081. STATEMENT OF PURPOSE.
(a) PURPOSE.—The purpose of this subtitle is to re-
duce crime in neighborhoods with high incidences of crime
and poverty through intensive programs that provide em-
ployment opportunities for young adults in those neighbor-
hoods.
(b) DEFINITION.—As used in this subtitle, ‘‘high
crime area’’ means an area with severe crime problems,
including a high incidence of violent crime or drug traf-
ficking.
SEC. 1082. PROGRAM AUTHORIZED.
The Secretary of Labor in conjunction with the At-
torney General and Secretary of Housing and Urban De-
velopment, and in consultation with appropriate other
222
Federal officials, may make grants to local governments
to fund targeted youth employment and skills development
projects to help reduce crime in target areas as defined
in section 1083.
SEC. 1083. PROGRAM TARGET AREA.
The target area or areas of each grant shall be neigh-
borhoods which are high crime areas with high unemploy-
ment among young adults and other serious economic and
social problems.
SEC. 1084. PARTICIPANTS.
(a) ELIGIBLE POPULATION.—Young adults residing
or attending school in the target area shall be eligible to
participate in programs funded under this subtitle if they
are between 16 and 25 years of age. In certain cir-
cumstances, as determined by the Attorney General and
the Secretaries of Labor and Housing and Urban Develop-
ment (referred to in this subtitle as the ‘‘Secretaries’’),
young adults up to age 30 and youth age 14 to 15 may
also be eligible to participate.
(b) RESPONSIBLE BEHAVIOR BY PARTICIPANTS.—
Continued participation in a program under this subtitle
shall be conditioned, during participation in the program,
on the following—
(1) avoiding crime, including illegal drug use;
223
(2) regular attendance and satisfactory per-
formance at work;
(3) paying child support when paternity has
been established and the participant has an income;
(4) in-school young adults in high school re-
maining in school until graduation; and
(5) requiring young adults ages 16–17 who
have dropped out of high school and who have not
obtained a General Equivalency Diploma (GED) to
return to school or an alternative education pro-
gram.
SEC. 1085. ALLOWABLE ACTIVITIES.
(a) EXPENDITURE
OF
FUNDS.—Funds awarded
under this subtitle shall be expended only for crime pre-
vention related activities undertaken to carry out an ap-
proved application, such as—
(1) apprenticeship programs linking work and
learning;
(2) on-the-job training in the private sector;
(3) youth conservation and service corps;
(4) programs emphasizing neighborhood infra-
structure, such as YouthBuild and employment of
public housing residents;
(5) work experience in private nonprofit organi-
zations and public agencies;
224
(6) entrepreneurial and microenterprise devel-
opment;
(7) crime prevention and security measures for
profit and not-for-profit businesses employing sub-
stantial numbers of youth from high crime areas;
(8) transportation links to jobs in the labor
market area;
(9) initiatives to increase the educational at-
tainment, occupational skills, and career aspirations
of target area young adults, including work-based
learning; and
(10) job placement and related case manage-
ment, followup, and other supportive services.
(b) WORK EXPERIENCE PROGRAMS.—Work experi-
ence programs funded under this subtitle shall—
(1) pay wages in accordance with the Fair
Labor Standards Act and relevant State law;
(2) include adequate supervision, equipment,
and materials and supplies to accomplish useful
work projects;
(3) include a private sector job development
component to facilitate the transition of participants
to private sector jobs, which shall include developing
portfolios of skill attainment, mentorship opportuni-
225
ties, and other efforts to increase job networks for
participants; and
(4) include an extensive job placement compo-
nent.
(c) 2-YEAR LIMITATION.—The combination of all
subsidized employment for a participant shall not exceed
2 years.
SEC. 1086. APPLICATION FOR GRANTS.
(a) APPLICATION PLAN.—To be eligible to receive a
grant under this subtitle, a chief local elected official, with
the timely review and comment of the Governor, shall
apply to the Secretary of Labor for a Youth Employment
and Skills Crime Prevention grant by submitting an appli-
cation that contains a plan for reducing crime by substan-
tially increasing the employment levels of youth adults in
the target area. Such a plan shall—
(1) describe the measurable outcomes that will
be used to evaluate the local success of the program,
including reduced crime and substance abuse, in-
creased private sector employment, reduced school
dropout rates, and increased educational attainment;
(2) specify the organization that will administer
the program;
(3) describe the specific employment programs
that will be offered by the program;
226
(4) describe the public/private partnership that
will promote collaboration between the State and
local governments, private sector, public housing au-
thorities, local residents, community-based organiza-
tions, and nonprofit organizations, including linkage
with community policing, gang prevention activities,
and juvenile justice or delinquency prevention initia-
tives;
(5) specify how the public and private sectors
will work together to assist youth and young adults
to 
make 
the 
transition 
from 
subsidized 
to
unsubsidized jobs;
(6) describe how links to jobs throughout the
labor market area will be provided;
(7) specify the manner in which the job network
for youth and young adults will be expanded by
mentors and other programs; and
(8) such other information as the Secretary of
Labor in conjunction with the Attorney General and
Secretary of Housing and Urban Development may
require.
(b) COORDINATION WITH OTHER FEDERAL PRO-
GRAMS.—The application must demonstrate that the pro-
posed Youth Employment and Skills Crime Prevention
program will build upon and be coordinated with other
227
Federal initiatives relating to such matters as crime con-
trol and prevention, youth employment, education, eco-
nomic development, community service, or social services.
(c) LEVERAGING AND LINKAGES.—As a condition of
a grant award, local areas shall establish linkages with the
local private sector, local employment and job training
programs, and other appropriate entities to enhance the
provision of services under this subtitle. Such activities
may include leveraging by and linkages with—
(1) the local private sector to—
(A) develop a mentoring program to im-
prove the job network for young adults in the
target area;
(B) develop a specified number of career-
track jobs for young adults graduating from
high school and college in the target area;
(C) develop part-time jobs to support
young adults while they are receiving job train-
ing, or secondary or post-secondary education;
and
(D) develop apprenticeship programs with
unions that provide matching funds to create
training and employment opportunities;
(2) the local service delivery area under the Job
Training Partnership Act to identify funds—
228
(A) for on-the-job training and work-based
training programs, based on successful program
models, for residents of the target area;
(B) to develop a summer jobs program for
in-school young adults residing in the target
area;
(C) for new youth initiatives in the target
area; and
(D) for child care and supportive services;
(3) local programs to provide employment serv-
ices and supportive services, such as transportation
service to link target area residents to jobs in the
labor market area; and
(4) the local educational agency to provide ac-
tivities that will support the program and assist in
achieving the goals specified in the application.
SEC. 1087. AWARD PRIORITIES.
In evaluating the applications submitted under this
subtitle, the Secretaries and the Attorney General shall
give priority to applications that—
(1) demonstrate extensive community support
and linkages to crime prevention programs and em-
ployment related programs;
(2) target areas that include public and assisted
housing projects;
229
(3) demonstrate evidence of severe social and
economic problems;
(4) demonstrate the highest quality program
design, implementation plan, and goals to be
achieved; and
(5) include other Federal and non-Federal
funding, including State, local, or private resources.
SEC. 1088. GRANT DURATION AND NUMBER.
(a) DURATION OF GRANTS.—Grants shall be for 1
year, and renewable for each of the 4 succeeding years.
(b) NUMBER OF GRANTS.—There shall be no more
than 10 grants awarded under this subtitle.
SEC. 1089. FEDERAL RESPONSIBILITIES.
(a) IN GENERAL.—The Secretary of Labor in con-
junction with the Attorney General and the Secretary of
Housing and Urban Development shall establish a system
of performance measures for assessing programs estab-
lished pursuant to this subtitle.
(b) EVALUATION.—The Secretary of Labor in con-
junction with the Attorney General and Secretary of
Housing and Urban Development shall conduct a rigorous
national evaluation of Youth Employment and Skills
Crime Prevention programs funded under this subtitle
that will track and assess the effectiveness of those pro-
grams, and include an evaluation of the extent to which
230
such programs reduce crime and substance abuse, enhance
the employment and earnings of participants, promote en-
trepreneurship, reduce dropout rates, and increase edu-
cational attainment. The evaluation may include cost-ben-
efit analyses and shall utilize sound statistical methods
and techniques.
(c) TECHNICAL
ASSISTANCE.—The Secretary of
Labor in conjunction with the Attorney General and the
Secretary of Housing and Urban Development may pro-
vide appropriate technical assistance to carry out Youth
Employment and Skills Crime Prevention programs under
this subtitle.
(d) ADMINISTRATION.—The technical assistance and
evaluations authorized by this section may be carried out
directly by the Secretary of Labor or through grants, con-
tracts, or other cooperative arrangements with the Attor-
ney General, the Secretary of Housing and Urban Devel-
opment, or other entities or agencies.
SEC. 1090. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION.—There are authorized to be ap-
propriated to the Secretary of Labor $75,000,000 for fis-
cal year 1995, $100,000,000 for fiscal year 1996,
$110,000,000 for fiscal year 1997, $115,000,000 for fis-
cal year 1998, and $125,000,000 for fiscal year 1999 to
carry out this subtitle.
231
(b) AVAILABILITY OF FUNDS.—Funds appropriated
pursuant to this section are authorized to remain available
for obligation until expended.
(c) EVALUATIONS AND TECHNICAL ASSISTANCE.—Of
the amounts appropriated under subsection (a) for a fiscal
year, the Secretary of Labor in conjunction with the Attor-
ney General and Secretary of Housing and Urban Devel-
opment may reserve not more than 5 percent of such
amounts for each fiscal year to carry out evaluations and
technical assistance.
SEC. 1091. SANCTIONS.
The Secretary of Labor may terminate or suspend
financial assistance, in whole or in part, to a recipient or
refuse to extend a grant for a recipient, if the Secretary
of Labor in conjunction with the Attorney General and
Secretary of Housing and Urban Development determines
that the recipient has failed to meet the requirements of
this subtitle, or any regulations or guidelines under this
subtitle, or any approved application submitted pursuant
to this subtitle.
SEC. 1092. LABOR STANDARDS.
Labor standards under the Job Training Partnership
Act (29 U.S.C. 1553) shall apply to programs under this
subtitle.
232
SEC. 1093. REGULATIONS OR GUIDELINES.
The Secretary of Labor in conjunction with the At-
torney General and Secretary of Housing and Urban De-
velopment shall issue such regulations or guidelines as
may be necessary to carry out the purposes of this subtitle.
SEC. 1094. WAIVERS.
The Secretary of Labor in conjunction with the At-
torney General and Secretary of Housing and Urban De-
velopment may prescribe regulations or guidelines that es-
tablish criteria for waiver of application requirements of
programs to the extent that they duplicate or conflict with
the requirements specified in similar laws.
SEC. 1095. PROHIBITION ON PRIVATE RIGHTS OF ACTION.
Nothing in this subtitle shall be construed to estab-
lish a right for any person to bring an action to obtain
services under this subtitle.
SEC. 1096. ACCEPTANCE OF GIFTS, AND OTHER MATTERS.
The Secretaries and Attorney General are authorized,
in carrying out this subtitle, to accept, purchase, or lease
in the name of the Department of Justice or the Depart-
ment of Labor or the Department of Housing and Urban
Development, and employ or dispose of in furtherance of
the purposes of this subtitle, any money or property, real,
personal, or mixed, tangible or intangible, received by gift,
devise, bequest, or otherwise, and to accept voluntary and
233
uncompensated services notwithstanding the provisions of
section 1342 of title 31.
Subtitle K—Miscellaneous
SEC. 1098. MULTIJURISDICTIONAL GANG TASK FORCES.
Section 504(f) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 is amended by inserting
‘‘or multijurisdictional gang task forces’’ after ‘‘drug task
forces’’.
TITLE XI—YOUTH VIOLENCE
SEC. 1101. PROSECUTION AS ADULTS OF CERTAIN JUVE-
NILES FOR CRIMES OF VIOLENCE.
(a) PROSECUTION AS ADULTS.—The 4th undesig-
nated paragraph of section 5032 of title 18, United States
Code, is amended by striking ‘‘; however’’ and inserting
‘‘. In the application of the preceding sentence, if the
crime of violence is an offense under section 113(a),
113(b), 113(c), 1111, 1113, or, if the juvenile possessed
a firearm during the offense, section 2111, 2113, 2241(a),
or 2241(c) of this title, ‘thirteen’ shall be substituted for
‘fifteen’ and ‘thirteenth’ shall be substituted for ‘fifteenth’.
Notwithstanding sections 1152 and 1153 of this title, no
person subject to the criminal jurisdiction of an Indian
tribal government shall be subject to the preceding sen-
tence for any offense the Federal jurisdiction for which
is predicated solely on Indian country as defined in section
234
1151 of this title, and which has occurred within the
boundaries of such Indian country, unless the governing
body of the tribe has elected that the preceding sentence
have effect over land and persons subject to its criminal
jurisdiction. However’’.
(b) FEDERAL PRIORITY IN DEALING WITH CERTAIN
CRIMES.—The first undesignated paragraph of section
5032 of title 18, United States Code, is amended by in-
serting ‘‘ or an offense that is a crime of violence under
section 113(a), 113(b), 113(c), 1111, 1113, or if the juve-
nile possessed a firearm during the offense, section 2111,
2113, 2241(a), or 2241(c) of this title’’ after ‘‘not exceed
six months’’.
SEC. 1102. COMMENCEMENT OF JUVENILE PROCEEDING.
Section 5032 of title 18, United States Code, is
amended by striking ‘‘Any proceedings against a juvenile
under this chapter or as an adult shall not be commenced
until’’ and inserting ‘‘A juvenile shall not be transferred
to adult prosecution nor shall a hearing be held under sec-
tion 5037 (disposition after a finding of juvenile delin-
quency) until’’.
SEC. 1103. SEPARATION OF JUVENILE FROM ADULT OF-
FENDERS.
Section 5039 of title 18, United States Code, is
amended by inserting ‘‘, whether pursuant to an adjudica-
235
tion of delinquency or conviction for an offense,’’ after
‘‘committed’’ the first place it appears.
TITLE 
XII—CHILD 
SEXUAL
ABUSE PREVENTION ACT OF
1994
SEC. 1201. PENALTIES FOR INTERNATIONAL TRAFFICKING
IN CHILD PORNOGRAPHY.
(a) IMPORT RELATED OFFENSE.—Chapter 110 of
title 18, United States Code, is amended by adding at the
end the following new section:
‘‘§ 2259. Production of sexually explicit depictions of
a minor for importation into the United
States
‘‘(a) USE OF MINOR.—A person who, outside the
United States, employs, uses, persuades, induces, entices,
or coerces any minor to engage in, or who has a minor
assist any other person to engage in, or who transports
any minor with the intent that the minor engage in any
sexually explicit conduct for the purpose of producing any
visual depiction of such conduct, intending that the visual
depiction will be imported into the United States or into
waters within 12 miles of the coast of the United States,
shall be punished as provided in subsection (c).
‘‘(b) USE OF VISUAL DEPICTION.—A person who,
outside the United States, knowingly receives, transports,
236
ships, distributes, sells, or possesses with intent to trans-
port, ship, sell, or distribute any visual depiction of a
minor engaging in sexually explicit conduct (if the produc-
tion of the visual depiction involved the use of a minor
engaging in sexually explicit conduct), intending that the
visual depiction will be imported into the United States
or into waters within a distance of 12 miles of the coast
of the United States, shall be punished as provided in sub-
section (c).
‘‘(c) PENALTIES.—A person who violates subsection
(a) or (b), or conspires or attempts to do so—
‘‘(1) shall be fined under this title, imprisoned
not more than 10 years, or both; and
‘‘(2) if the person has a prior conviction under
this chapter or chapter 109A, shall be fined under
this title, imprisoned not more than 20 years, or
both.’’.
(b) TECHNICAL AMENDMENT.—
(1) CHAPTER ANALYSIS.—The table of sections
at the beginning of chapter 110 of title 18, United
States Code, is amended by adding at the end the
following new item:
‘‘2259. Production of sexually explicit depictions of a minor for importation into
the United States.’’.
(2) FINE PROVISIONS.—Section 2251(d) of title
18, United States Code, is amended—
237
(A) by striking ‘‘not more than $100,000,
or’’ and inserting ‘‘under this title,’’;
(B) by striking ‘‘not more than $200,000,
or’’ and inserting ‘‘under this title,’’; and
(C) by striking ‘‘not more than $250,000’’
and inserting ‘‘under this title’’.
(c) SECTION 2251 PENALTY ENHANCEMENT.—Sec-
tion 2251(d) of title 18, United States Code, is amended
by striking ‘‘this section’’ the second place it appears and
inserting ‘‘this chapter or chapter 109A’’.
(d) SECTION 2252 PENALTY ENHANCEMENT.—Sec-
tion 2252(b)(1) of title 18, United States Code, is amend-
ed by striking ‘‘this section’’ and inserting ‘‘this chapter
or chapter 109A’’.
(e) CONSPIRACY AND ATTEMPT.—Sections 2251(d)
and 2252(b) of title 18, United States Code, are each
amended by inserting ‘‘, or attempts or conspires to vio-
late,’’ after ‘‘violates’’ each place it appears.
(f) RICO AMENDMENT.—Section 1961(l) of title 18,
United States Code, is amended by striking ‘‘2251–2252’’
and inserting ‘‘2251, 2252, and 2259’’.
(g) TRANSPORTATION OF MINORS.—Chapter 117 of
title 18, United States Code, is amended—
(1) by adding at the end the following new
section:
238
‘‘§ 2425. Travel with intent to engage in a sexual act
with a juvenile
‘‘A person who travels in interstate commerce, or con-
spires to do so, or a United States citizen or an alien ad-
mitted for permanent residence in the United States who
travels in foreign commerce, or conspires to do so, for the
purpose of engaging in any sexual act (as defined in sec-
tion 2245) with a person under 18 years of age that would
be in violation of chapter 109A if the sexual act occurred
in the special maritime and territorial jurisdiction of the
United States shall be fined under this title, imprisoned
not more than 10 years, or both.’’; and
(2) in the table of sections at the beginning, by
adding at the end the following new item:
‘‘2425. Travel with intent to engage in a sexual act with a juvenile.’’.
SEC. 1202. SENSE OF CONGRESS CONCERNING STATE LEG-
ISLATION 
REGARDING 
CHILD 
PORNOG-
RAPHY.
It is the sense of the Congress that each State that
has not yet done so should enact legislation prohibiting
the production, distribution, receipt, or simple possession
of materials depicting a person under 18 years of age en-
gaging in sexually explicit conduct (as defined in section
2256 of title 18, United States Code) and providing for
a maximum imprisonment of at least 1 year and for the
239
forfeiture of assets used in the commission or support of,
or gained from, such offenses.
TITLE XIII—JACOB WETTERLING
CRIMES AGAINST CHILDREN
REGISTRATION ACT
SEC. 1301. 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, or
being placed on parole, supervised release, or proba-
tion.
(2) DEFINITION.—For purposes of this sub-
section, the term ‘‘criminal offense against a victim
who is a minor’’ means any criminal offense that
consists of—
(A) kidnapping of a minor, except by a
parent;
(B) false imprisonment of a minor, except
by a parent;
(C) criminal sexual conduct toward a
minor;
240
(D) solicitation of a minor to engage in
sexual conduct;
(E) use of a minor in a sexual perform-
ance;
(F) solicitation of a minor to practice pros-
titution;
(G) any conduct that by its nature is a
sexual offense against a minor; or
(H) an attempt to commit an offense de-
scribed in any of subparagraphs (A) through
(G) of this paragraph, if the State—
(i) makes such an attempt a criminal
offense; and
(ii) chooses to include such an offense
in those which are criminal offenses
against a victim who is a minor for the
purposes of this section.
(b) REGISTRATION REQUIREMENT UPON RELEASE,
PAROLE, SUPERVISED RELEASE, OR PROBATION.—An
approved State registration program established under
this section shall contain the following requirements:
(1) DUTY
OF
STATE
PRISON
OFFICIAL
OR
COURT.—If a person who is required to register
under this section is released from prison, or placed
on parole, supervised release, or probation, a State
241
prison officer, or in the case of probation, the court,
shall—
(A) inform the person of the duty to reg-
ister and obtain the information required for
such registration;
(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) inform the person that if the person
changes residence to another State, the person
shall register the new address with the law en-
forcement agency with whom the person last
registered, and the person is also required to
register with a designated law enforcement
agency in the new State not later than 10 days
after establishing residence in the new State, if
the new State has a registration requirement;
(D) 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
(E) 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.
242
(2) TRANSFER OF INFORMATION TO STATE AND
THE F.B.I.—The officer, or in the case of a person
placed on probation, the court, shall, within 3 days
after receipt of information described in paragraph
(1), forward it to a designated State law enforce-
ment agency. The State law enforcement agency
shall immediately enter the information into the ap-
propriate State law enforcement record system and
notify the appropriate law enforcement agency hav-
ing jurisdiction where the person expects to reside.
The State law enforcement agency shall also imme-
diately transmit the conviction data and fingerprints
to the Federal Bureau of Investigation.
(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 des-
ignated State law enforcement agency within 10
days after receipt of the form. The verification form
shall be signed by the person, and state that the per-
son still resides at the address last reported to the
designated State law enforcement agency. If the per-
243
son fails to mail the verification form to the des-
ignated State law enforcement agency within 10
days after receipt of the form, the person 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-
ported to the appropriate law enforcement agency
having jurisdiction where the person is residing. The
designated law enforcement agency shall, if the per-
son changes residence to another State, notify the
person of the law enforcement agency with which the
person must register in the new State, if the new
State has a registration requirement.
(5) PRIVACY OF DATA.—The information col-
lected under a State registration program shall be
treated as private data on individuals and may be
disclosed only to law enforcement agencies for inves-
tigative purposes or to government agencies conduct-
ing confidential background checks with fingerprints
244
on applicants for child care positions or other posi-
tions involving contact with children.
(c) REGISTRATION FOR CHANGE OF ADDRESS TO
ANOTHER STATE.—A person who has been convicted of
an offense which triggered registration in a State shall
register the new address with a designated law enforce-
ment agency in another State to which the person moves
not later than 10 days after such person establishes resi-
dence in the new State, if the new State has a registration
requirement.
(d) 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 prison, or placed on parole, su-
pervised release, or probation.
(e) 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 any State
in which the person has so failed.
(f) COMPLIANCE.—
(1) COMPLIANCE DATE.—Each State shall have
3 years from the date of the enactment of this Act
in which to implement this section.
245
(2) 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) received by a State not complying with
the guidelines issued under this section 3 years after
the date of enactment of this Act may be reduced
by 10 percent and the unallocated funds shall be re-
allocated to the States in compliance with this
section.
TITLE XIV—COMMUNITY
POLICING
SEC. 1401. COMMUNITY POLICING; ‘‘COPS ON THE BEAT’’.
(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 by inserting after part S (as added
by section 2301(a)) the following new part:
‘‘PART T—PUBLIC SAFETY AND COMMUNITY
POLICING; ‘COPS ON THE BEAT’
‘‘SEC. 2001. AUTHORITY TO MAKE PUBLIC SAFETY AND
COMMUNITY POLICING GRANTS.
‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen-
eral is authorized to make grants to States and units of
local government, and to other public and private entities,
to increase police presence, to expand and improve cooper-
ative efforts between law enforcement agencies and mem-
246
bers of the community to address crime and disorder prob-
lems, and otherwise to enhance public safety.
‘‘(b) REHIRING AND HIRING GRANT PROJECTS.—
Grants made under the authority of subsection (a) of this
section may be used for programs, projects, and other
activities to—
‘‘(1) rehire law enforcement officers who have
been laid off as a result of State and local budget
reductions for deployment in community-oriented po-
licing; and
‘‘(2) hire and train new, additional career law
enforcement officers (including cadets and trainees)
for deployment in community-oriented policing
across the Nation.
‘‘(c) ADDITIONAL GRANT PROJECTS.—Grants made
under the authority of subsection (a) of this section also
may include programs, projects, and other activities to—
‘‘(1) increase the number of law enforcement
officers involved in activities that are focused on
interaction with members of the community on
proactive crime control and prevention by redeploy-
ing officers to such activities;
‘‘(2) provide specialized training to law enforce-
ment officers to enhance their conflict resolution,
mediation, problem solving, service, and other skills
247
needed to work in partnership with members of the
community;
‘‘(3) increase police participation in multidisci-
plinary early intervention teams;
‘‘(4) develop new technologies to assist State
and local law enforcement agencies in reorienting
the emphasis of their activities from reacting to
crime to preventing crime;
‘‘(5) develop and implement innovative pro-
grams to permit members of the community to assist
State and local law enforcement agencies in the pre-
vention of crime in the community;
‘‘(6) establish innovative programs to reduce,
and keep to a minimum, the amount of time that
law enforcement officers must be away from the
community while awaiting court appearances;
‘‘(7) establish and implement innovative pro-
grams to increase and enhance proactive crime con-
trol and prevention programs involving law enforce-
ment officers and young persons in the community;
‘‘(8) develop and establish new administrative
and managerial systems to facilitate the adoption of
community-oriented policing as an organization-wide
philosophy; and
248
‘‘(9) establish, implement, and coordinate crime
prevention and control programs (involving law en-
forcement officers working with community mem-
bers) with other existing Federal programs that
serve the community and community members to
better address the comprehensive needs of such com-
munity and its members.
‘‘(d) PREFERENTIAL CONSIDERATION OF APPLICA-
TIONS FOR CERTAIN GRANTS.—In awarding grants under
this part, the Attorney General may give preferential con-
sideration to grants for hiring and rehiring additional ca-
reer law enforcement officers that involve a non-Federal
contribution exceeding the 25 percent minimum under
subsection (h) of this section.
‘‘(e) TECHNICAL ASSISTANCE.—(1) The Attorney
General may provide technical assistance to States and
units of local government, and to other public and private
entities, in furtherance of the purposes of this part.
‘‘(2) The technical assistance provided by the Attor-
ney General may include the development of a flexible
model that will define for States and units of local govern-
ment, and other public and private entities, definitions and
strategies associated with community or problem-oriented
policing and methodologies for its implementation.
249
‘‘(3) The technical assistance provided by the Attor-
ney General may include the establishment and operation
of training centers or facilities, either directly or by con-
tracting or cooperative arrangements. The functions of the
centers or facilities established under this paragraph may
include instruction and seminars for police executives,
managers, trainers, and supervisors concerning commu-
nity or problem-oriented policing and improvements in po-
lice-community interaction and cooperation that further
the purposes of this part.
‘‘(f) UTILIZATION OF DEPARTMENT OF JUSTICE OF-
FICES AND SERVICES.—The Attorney General may utilize
any office or service of the Department of Justice in carry-
ing out this part.
‘‘(g) MINIMUM AMOUNT.—Each qualifying State, to-
gether with grantees within the State, shall receive in each
fiscal year pursuant to subsection (a) of this section not
less than 0.25 percent of the total amount appropriated
in the fiscal year for grants pursuant to such subsection.
As used in this subsection, ‘qualifying State’ means any
State which has submitted an application for a grant, or
in which an eligible entity has submitted an application
for a grant, which meets the requirements prescribed by
the Attorney General and the conditions set out in this
part.
250
‘‘(h) MATCHING FUNDS.—The portion of the costs
of a program, project, or activity provided by a grant
under subsection (a) of this section may not exceed 75
percent, unless the Attorney General waives, wholly or in
part, the requirement under this subsection of a non-Fed-
eral contribution to the costs of a program, project, or ac-
tivity. In relation to a grant for a period exceeding one
year for hiring or re-hiring career law enforcement offi-
cers, the Federal share shall decrease from year to year,
looking towards the continuation of the increased hiring
level using State or local sources of funding following the
conclusion of Federal support, as provided in an approved
plan pursuant to section 2002(c)(8) of this part.
‘‘(i) ALLOCATION OF FUNDS.—The funds available
under this part shall be allocated as provided in section
1001(a)(11)(B) of this title.
‘‘(j) TERMINATION OF GRANTS FOR HIRING OFFI-
CERS.—The authority under subsection (a) of this section
to make grants for the hiring and rehiring of additional
career law enforcement officers shall lapse at the conclu-
sion of six years from the date of enactment of this part.
Prior to the expiration of this grant authority, the Attor-
ney General shall submit a report to Congress concerning
the experience with and effects of such grants. The report
may include any recommendations the Attorney General
251
may have for amendments to this part and related provi-
sions of law in light of the termination of the authority
to make grants for the hiring and rehiring of additional
career law enforcement officers.
‘‘SEC. 2002. APPLICATIONS.
‘‘(a) IN GENERAL.—No grant may be made under
this part unless an application has been submitted to, and
approved by, the Attorney General.
‘‘(b) FORM AND CONTENT OF APPLICATION.—An ap-
plication for a grant under this part shall be submitted
in such form, and contain such information, as the Attor-
ney General may prescribe by regulation or guidelines.
‘‘(c) COMPLIANCE WITH REGULATIONS OR GUIDE-
LINES.—In accordance with the regulations or guidelines
established by the Attorney General, each application for
a grant under this part shall—
‘‘(1) include a long-term strategy and detailed
implementation plan that reflects consultation with
community groups and appropriate private and pub-
lic agencies and reflects consideration of the state-
wide strategy under section 503(a)(1) of this part;
‘‘(2) demonstrate a specific public safety need;
‘‘(3) explain the locality’s inability to address
the need without federal assistance;
252
‘‘(4) identify related governmental and commu-
nity initiatives which complement or will be coordi-
nated with the proposal;
‘‘(5) certify that there has been appropriate co-
ordination with all affected agencies;
‘‘(6) outline the initial and ongoing level of
community support for implementing the proposal
including financial and in-kind contributions or
other tangible commitments;
‘‘(7) specify plans for obtaining necessary sup-
port and continuing the proposed program, project,
or activity following the conclusion of Federal sup-
port; and
‘‘(8) if the application is for a grant for hiring
or rehiring additional career law enforcement offi-
cers—
‘‘(A) specify plans for the assumption by
the grantee of a progressively larger share of
the cost in the course of time, looking towards
the continuation of the increased hiring level
using State or local sources of funding following
the conclusion of Federal support;
‘‘(B) assess the impact, if any, of the in-
crease in police resources on other components
of the criminal justice system;
253
‘‘(C) explain how the grant will be utilized
to re-orient the affected law enforcement agen-
cy’s mission towards community-oriented polic-
ing or enhance its involvement in or commit-
ment to community-oriented policing; and
‘‘(D) ensure that, to the extent practicable,
grantees seek and recruit members of racial,
ethnic, and gender minority groups whose rep-
resentation in the law enforcement agency for
which funds are sought is less than in the gen-
eral population qualified for such employment
in such jurisdiction.
‘‘SEC. 2003. REVIEW OF APPLICATIONS BY STATE OFFICE.
‘‘(a) IN GENERAL.—Except as provided in subsection
(c) or (d), an applicant for a grant under this part shall
submit an application to the State office designated under
section 507 of this title in the State in which the applicant
is located for initial review.
‘‘(b) INITIAL REVIEW OF APPLICATION.—The State
office referred to in subsection (a) of this section shall re-
view applications for grants under this part submitted to
it, based upon criteria specified by the Attorney General
by regulation or guidelines, and rank such applications
based upon the criteria specified by the Attorney General.
The State office referred to in subsection (a) of this sec-
254
tion shall submit the list along with all grant applications
and supporting materials received to the Attorney
General.
‘‘(c) DIRECT APPLICATION TO THE ATTORNEY GEN-
ERAL
BY CERTAIN MUNICIPALITIES.—Notwithstanding
subsection (a) of this section, municipalities whose popu-
lation exceeds 100,000 may submit an application for a
grant under this part directly to the Attorney General. For
purposes of this subsection, ‘municipalities whose popu-
lation exceeds 100,000’ means units of local government
or law enforcement agencies having jurisdiction over areas
with populations exceeding 100,000, and consortia or as-
sociations that include one or more such units of local gov-
ernment or law enforcement agencies.
‘‘(d) DIRECT APPLICATION TO THE ATTORNEY GEN-
ERAL
BY OTHER APPLICANTS.—Notwithstanding sub-
section (a) of this section, if a State chooses not to carry
out the functions described in subsection (b) of this sec-
tion, an applicant in the State may submit an application
for a grant under this part directly to the Attorney
General.
‘‘SEC. 2004. RENEWAL OF GRANTS.
‘‘(a) IN GENERAL.—Except for grants made for hir-
ing or rehiring additional career law enforcement officers,
a grant under this part may be renewed for up to two
255
additional years after the first fiscal year during which
a recipient receives its initial grant if the Attorney General
determines that the funds made available to the recipient
were used in a manner required under an approved appli-
cation and if the recipient can demonstrate significant
progress in achieving the objectives of the initial applica-
tion.
‘‘(b) GRANTS FOR HIRING.—Grants made for hiring
or rehiring additional career law enforcement officers may
be renewed for up to five years, subject to the require-
ments of subsection (a) of this section, but notwithstand-
ing the limitation in that subsection concerning the num-
ber of years for which grants may be renewed.
‘‘(c) MULTI-YEAR GRANTS.—A grant for a period ex-
ceeding one year may be renewed as provided in this sec-
tion, except that the total duration of such a grant includ-
ing any renewals may not exceed three years, or six years
if it is a grant made for hiring or rehiring additional ca-
reer law enforcement officers.
‘‘SEC. 2005. LIMITATION ON USE OF FUNDS.
‘‘(a) 
NON-SUPPLANTING
REQUIREMENT.—Funds
made available under this part to States or units of local
government shall not be used to supplant State or local
funds, but will be used to increase the amount of funds
256
that would, in the absence of Federal funds, be made
available from State or local sources.
‘‘(b) ADMINISTRATIVE COSTS.—No more than 5 per-
cent of the funds available under this part may be used
for the costs of States in carrying out the functions de-
scribed in section 2003(b) or other administrative costs.
‘‘(c) NON-FEDERAL COSTS.—States and units of
local government may use assets received through the as-
sets forfeiture equitable sharing program to cover the non-
Federal portion of programs, projects, and activities
funded under this part.
‘‘(d) HIRING COSTS.—Funding provided under this
part for hiring or rehiring a career law enforcement officer
may not exceed $75,000, unless the Attorney General
grants a waiver from this limitation.
‘‘SEC. 2006. PERFORMANCE EVALUATION.
‘‘(a) EVALUATION COMPONENTS.—
‘‘(1) Each program, project, or activity funded
under this part shall contain an evaluation compo-
nent, developed pursuant to guidelines established by
the Attorney General.
‘‘(2) The evaluations required by paragraph (1)
shall include outcome measures that can be used to
determine the effectiveness of the funded programs,
projects, activities and a description of the geo-
257
graphic dispersion, and racial, ethnic, and gender di-
versity of rehired and new employees. Outcome
measures may include crime and victimization indi-
cators, quality of life measures, community percep-
tions, and police perceptions of their own work.
‘‘(b) PERIODIC REVIEW AND REPORTS.—The Attor-
ney General shall review the performance of each grant
recipient under this part. The Attorney General may re-
quire a grant recipient to submit to the Attorney General
the results of the evaluations required under subsection
(a) and such other data and information as the Attorney
General deems reasonably necessary to carry out the re-
sponsibilities under this subsection.
‘‘SEC. 2007. REVOCATION OR SUSPENSION OF FUNDING.
‘‘If the Attorney General determines, as a result of
the reviews required by section 2006 of this part, or other-
wise, that a grant recipient under this part is not in sub-
stantial compliance with the terms and requirements of
an approved grant application submitted under section
2002 of this part, the Attorney General may revoke or
suspend funding of that grant, in whole or in part.
‘‘SEC. 2008. ACCESS TO DOCUMENTS.
‘‘(a) BY THE ATTORNEY GENERAL.—The Attorney
General shall have access for the purpose of audit and ex-
amination to any pertinent books, documents, papers, or
258
records of a grant recipient under this part, as well as
the pertinent books, documents, papers, or records of
States and units of local government, persons, businesses,
and other entities that are involved in programs, projects,
or activities for which assistance is provided under this
part.
‘‘(b) BY THE COMPTROLLER GENERAL.—The provi-
sions of subsection (a) of this section shall also apply with
respect to audits and examinations conducted by the
Comptroller General of the United States or by an author-
ized representative of the Comptroller General.
‘‘SEC. 2009. GENERAL REGULATORY AUTHORITY.
‘‘The Attorney General is authorized to promulgate
regulations and guidelines to carry out this part.
‘‘SEC. 2010. DEFINITION.
‘‘For the purposes of this part, the term ‘career law
enforcement officer’ means a person hired on a permanent
basis who is authorized by law or by a State or local public
agency to engage in or supervise the prevention, detection,
or investigation of violations of criminal laws.’’.
(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.) is amended by in-
serting after the matter relating to part S (as added by
section 2301(b)) the following:
259
‘‘PART T—PUBLIC SAFETY AND COMMUNITY POLICING; ‘COPS ON THE
BEAT’
‘‘Sec. 2001. Authority to make public safety and community policing grants.
‘‘Sec. 2002. Applications.
‘‘Sec. 2003. Review of applications by State office.
‘‘Sec. 2004. Renewal of grants.
‘‘Sec. 2005. Limitation on use of funds.
‘‘Sec. 2006. Performance evaluation.
‘‘Sec. 2007. Revocation or suspension of funding.
‘‘Sec. 2008. Access to documents.
‘‘Sec. 2009. General regulatory authority.
‘‘Sec. 2010. Definition.’’.
SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION.—Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3793) is amended—
(1) in paragraph (3) by striking ‘‘and O.’’ and
inserting ‘‘O, P, and T.’’; and
(2) by adding after paragraph (13) (as added
by section 2302) the following:
‘‘(14)(A) There are authorized to be appropriated to
carry out part T, to remain available until expended,
$200,000,000 for fiscal year 1994 and $650,000,000 for
each of the fiscal years 1995, 1996, 1997, 1998, and
1999.
‘‘(B) Of funds available under part T in any fiscal
year, up to 5 percent may be used for technical assistance
under section 2001(e) or for evaluations or studies carried
out or commissioned by the Attorney General in further-
ance of the purposes of part T, and up to 5 percent may
be used for the costs of States in carrying out the func-
260
tions described in section 2003(b) or other administrative
costs. Of the remaining funds, 50 percent shall be allo-
cated for grants pursuant to applications submitted as
provided in section 2003(a) or (d), and 50 percent shall
be allocated for grants pursuant to applications submitted
as provided in section 2003(c). Of the funds available in
relation to grants pursuant to applications submitted as
provided in section 2003(a) or (d), at least 85 percent
shall be applied to grants for the purposes specified in sec-
tion 2001(b), and no more than 15 percent may be applied
to other grants in furtherance of the purposes of part T.
Of the funds available in relation to grants pursuant to
applications submitted as provided in section 2003(c), at
least 85 percent shall be applied to grants for the purposes
specified in section 2001(b), and no more than 15 percent
may be applied to other grants in furtherance of the pur-
poses of part T.
‘‘(C) Notwithstanding the provisions of section 2003,
no funds allocated for grants pursuant to applications sub-
mitted as provided under subsections (a) or (d) of section
2003 shall be allocated for grants to a municipality (as
defined in section 2003(c)).’’.
261
TITLE XV—DNA IDENTIFICATION
SEC. 1501. SHORT TITLE.
This title may be cited at the ‘‘DNA Identification
Act of 1994’’.
SEC. 1502. 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:
262
‘‘(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—
‘‘(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 3
of the DNA Identification Act of 1994;
‘‘(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
263
‘‘(C) such laboratory, and each analyst
performing DNA analyses at such laboratory,
will undergo, at regular intervals of not to ex-
ceed 180 days, external proficiency testing by a
DNA proficiency testing program meeting the
standards issued under section 3 of the DNA
Identification Act of 1994.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section
1001(a) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3793(a)) is amended by adding
at the end the following:
‘‘(11) There are authorized to be appropriated
for each of the fiscal years 1994 through 1998
$10,000,000 for grants to the States for DNA
analysis.’’.
SEC. 1503. 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
264
laboratory officials. 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-
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
265
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.
(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. 1504. INDEX TO FACILITATE LAW ENFORCEMENT EX-
CHANGE OF DNA IDENTIFICATION INFORMA-
TION.
(a) IN GENERAL.—The Director of the Federal Bu-
reau of Investigation 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
266
(3) analyses of DNA samples recovered from
unidentified human remains.
(b) CONTENT OF INDEX.—Such index may include
only information on DNA identification records and DNA
analyses that are—
(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 3 of the
DNA Identification Act of 1994;
(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 3 of the DNA Identifica-
tion Act of 1994; 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
267
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.
(c) EXCHANGE SUBJECT TO CANCELLATION.—The
exchange of records authorized by this section is subject
to cancellation if the quality control and privacy require-
ments described in subsection (b) of this section are not
met.
SEC. 1505. 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 3(a). 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
268
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
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.
269
(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
(B) willfully discloses such information in any
manner to any person or agency not entitled to
receive 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. 1506. 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 1503,
1504, and 1505 of this Act.
TITLE XVI—VIOLENCE AGAINST
WOMEN
SECTION 1600. SHORT TITLE.
This title may be cited as the ‘‘Violence Against
Women Act of 1994’’.
270
Subtitle A—Safe Streets for Women
SEC. 1601. SHORT TITLE.
This subtitle may be cited as the ‘‘Safe Streets for
Women Act of 1994’’.
SEC. 1602. 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.) is amended by—
(1) redesignating part Q as part R;
(2) redesignating section 1701 as section 1801;
and
(3) adding after part P the following new part:
‘‘PART Q—GRANTS TO COMBAT VIOLENT CRIMES
AGAINST WOMEN
‘‘SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS.
‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of
this part is to assist States, Indian tribes, and other eligi-
ble entities to develop effective law enforcement and pros-
ecution strategies to combat violent crimes against women.
‘‘(b) PURPOSES
FOR
WHICH
GRANTS
MAY BE
USED.—Grants under this part shall provide funds for
personnel, training, technical assistance, data collection
and other equipment for the more widespread apprehen-
sion, prosecution, and adjudication of persons committing
271
violent crimes against women to reduce the rate of violent
crime against women and specifically, for the purposes
of—
‘‘(1) training law enforcement officers and pros-
ecutors to identify and respond more effectively to
violent crimes against women, including crimes of
sexual assault and domestic violence;
‘‘(2) developing, training, or expanding units of
law enforcement officers and prosecutors that spe-
cifically target violent crimes against women, includ-
ing the crimes of sexual assault and domestic vio-
lence;
‘‘(3) developing and implementing more effec-
tive police and prosecution policies, protocols, orders,
or services specifically devoted to the prevention of,
identification of, and response to violent crimes
against women, including the crimes of sexual as-
sault and domestic violence;
‘‘(4) developing, installing, or expanding data
collection systems, including computerized systems,
linking police, prosecutors, and courts or identifying
and tracking arrests, protection orders, prosecutions,
and convictions for the crimes of sexual assault and
domestic violence;
272
‘‘(5) developing, enlarging, or strengthening vic-
tim services programs, including sexual assault and
domestic violence programs, developing or improving
delivery of victim services to racial, cultural, ethnic,
and language minorities, and increasing reporting
and reducing attrition rates for cases involving vio-
lent crimes against women, including crimes of sex-
ual assault and domestic violence; and
‘‘(6) aiding Indian tribe grantees, exclusively, in
financing the Violence Against Women Act of 1994.
‘‘SEC. 1702. STATE GRANTS.
‘‘(a) GENERAL GRANTS.—The Director of the Bu-
reau of Justice Assistance (hereinafter in this part re-
ferred to as the ‘Director’) is authorized to make grants
to States, Indian tribes, units of local government, tribal
organizations, and nonprofit nongovernmental victim serv-
ices programs in the States or Indian country.
‘‘(b) APPLICATION
REQUIREMENTS.—Applications
shall include—
‘‘(1) documentation from prosecution, law en-
forcement, and victim services programs to be as-
sisted that demonstrates—
‘‘(A) the need for grant funds;
‘‘(B) the intended use of grant funds; and
‘‘(C) the expected results;
273
‘‘(2) proof of compliance with the requirements
for the payment of forensic medical exams provided
pursuant to section 1603 of the Violence Against
Women Act of 1994, except that Indian tribes are
exempt from such requirement; and
‘‘(3) proof of compliance with the requirements
for paying filing and service fees for domestic vio-
lence cases pursuant to section 1604 of the Violence
Against Women Act of 1994.
‘‘(c) QUALIFICATION.—Upon satisfying the terms of
subsection (b), an eligible entity shall be eligible for funds
provided under this part by—
‘‘(1) certifying that funds received under this
part shall be used for the purposes outlined in sec-
tion 1701(b); and
‘‘(2) certifying that grantees shall develop a
plan, implement such plan, and otherwise consult
and coordinate with nonprofit nongovernmental do-
mestic violence and sexual assault victim services
programs, law enforcement officials, victim advo-
cates, prosecutors, and defense attorneys;
‘‘(3) providing documentation from the individ-
uals and groups listed under paragraph (2) regard-
ing their participation in development of a plan and
involvement in the application process, as well as
274
how such individuals and groups will be involved in
implementation of the plan;
‘‘(4) providing assurances that the plan devel-
oped under paragraph (2) shall meet the needs of
racial, cultural, ethnic, and language minority popu-
lations;
‘‘(5) providing assurances that prosecution, law
enforcement, and nonprofit nongovernmental victim
services programs in the community to be served by
such plan each receive an equitable percentage of
any funds allocated under this part; and
‘‘(6) providing assurances that any Federal
funds received under this part shall be used to sup-
plement, not supplant, non-Federal funds that would
otherwise be available for activities funded under
this part.
‘‘(d) DISBURSEMENT OF FUNDS.—
‘‘(1) IN
GENERAL.—Not later than 60 days
after the receipt of an application under this part,
the Director shall either disburse the appropriate
sums provided for under this part or shall inform
the applicant regarding why the application does not
conform to the requirements of this section.
275
‘‘(2) RESPONSIBILITY OF DIRECTOR.—In dis-
bursing funds under this part, the Director shall
issue regulations—
‘‘(A) to distribute funds equitably on a ge-
ographic basis, including nonurban and rural
areas of varying geographic size; and
‘‘(B) give priority to areas of varying geo-
graphic size with the greatest showing of need
based on the availability of existing domestic vi-
olence and sexual assault programs in the popu-
lation and geographic area to be served in rela-
tion to the availability of such programs in
other such populations and geographic areas.
‘‘(e) GRANTEE REPORTING.—(1) Not later than
March 31 of each year during which funds are received
under this part, the grantee shall file a performance report
with the Director explaining the activities carried out to-
gether with an assessment of the effectiveness of such ac-
tivities in achieving the purposes of this part.
‘‘(2) The grantee shall arrange for assessments of the
grantee’s program from all organizations and government
entities that were involved in the design of the grant plan.
‘‘(3) Such assessments must be sent directly to the
Director by the assessing entity.
276
‘‘(f) SUSPENSION OF FUNDING.—The Director shall
suspend funding for an approved application if—
‘‘(1) an applicant fails to submit an annual per-
formance report;
‘‘(2) funds provided under this part are ex-
pended for purposes other than those set forth under
this part; or
‘‘(3) grant reports or accompanying assess-
ments demonstrate to the Director that the program
is ineffective or financially unsound.
‘‘SEC. 1703. GENERAL DEFINITIONS.
‘‘For purposes of this part—
‘‘(1) the term ‘domestic violence’ means crimes
of violence committed against a victim by a current
or former spouse of the victim, an individual with
whom the victim shares a child in common, an indi-
vidual who is cohabiting with or has cohabited with
the victim as a spouse, an individual similarly situ-
ated to a spouse, or any other individual who is pro-
tected under domestic or family violence laws of the
jurisdiction that receives a grant under this part;
‘‘(2) the term ‘eligible entity’ means a State,
unit of local government, Indian tribe, and a non-
profit, nongovernmental victims services program;
277
‘‘(3) the term ‘Indian tribe’ means any Indian
tribe, band, nation, or other organized group or com-
munity, including any Alaska Native village or re-
gional or village corporation (as defined in, or estab-
lished pursuant to, the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601, et seq.)), which is recog-
nized as eligible for the special services provided by
the United States to Indians because of their status
as Indians;
‘‘(4) the term ‘Indian country’ has the meaning
given to such term by section 1151 of title 18,
United States Code;
‘‘(5) the term ‘sexual assault’ means any con-
duct 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 in-
cludes both assaults committed by offenders who are
strangers to the victim and assaults committed by
offenders who are known or related by blood or mar-
riage to the victim; and
‘‘(6) the term ‘victim services program’ means
a nongovernmental nonprofit program that assists
domestic violence or sexual assault victims, including
nongovernmental nonprofit organizations such as
278
rape crisis centers, battered women’s shelters, and
other sexual assault and domestic violence programs,
including nonprofit nongovernmental organizations
assisting domestic violence and sexual assault vic-
tims through the legal process.
‘‘SEC. 1704. GENERAL TERMS AND CONDITIONS.
‘‘(a) NONMONETARY ASSISTANCE.—In addition to
the assistance provided under sections 1702, the Attorney
General may request any Federal agency, with or without
reimbursement, to use its authorities and the resources
granted to it under Federal law (including personnel,
equipment, supplies, facilities, and managerial, technical,
and advisory services) to support State, tribal, and local
assistance efforts under this part.
‘‘(b) BUREAU REPORTING.—Not later than 180 days
after the end of each fiscal year for which grants are made
under this part, the Director shall submit to the Congress
a report that includes, for each State and Indian tribe—
‘‘(1) the amount of grants made under this
part;
‘‘(2) a summary of the purposes for which
grants were provided and an evaluation of progress;
and
‘‘(3) an evaluation of the effectiveness of pro-
grams established with funds under this part.’’.
279
(b) 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), is amended by add-
ing after paragraph (10) the following:
‘‘(11) There are authorized to be appropriated for
each of the fiscal years 1994 and 1995, $200,000,000 to
carry out the purposes of part Q, with not less than 8
percent of such appropriation allotted specifically for In-
dian tribes.’’.
(c) 
ADMINISTRATIVE
PROVISIONS.—(1) 
Section
801(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended by striking ‘‘and O’’ and
inserting ‘‘O, and Q’’; and
(2) Section 802(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by strik-
ing ‘‘or O’’ and inserting ‘‘O, or Q’’.
(d) 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 Q and inserting
the following:
‘‘PART Q—GRANT TO COMBAT VIOLENT CRIMES AGAINST WOMEN
‘‘Sec. 1701. Purpose of the program and grants.
‘‘Sec. 1702. State grants.
‘‘Sec. 1703. General definitions.
‘‘Sec. 1704. General terms and conditions.
‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 1801. Continuation of rules, authorities, and proceedings’’.
280
SEC. 1603. RAPE EXAM PAYMENTS.
(a) RESTRICTION OF FUNDS.—No State is entitled
to funds under this title unless the State incurs the full
out of pocket cost of forensic medical exams described in
subsection (b) for victims of sexual assault.
(b) MEDICAL COSTS.—A State shall be deemed to
incur the full out of pocket cost of forensic medical exams
for victims of sexual assault if such State—
(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 require-
ment or limit on the amount of a reimburse-
ment;
(B) the State permits victims to apply to
the State for reimbursement for not less than
one year from the date of the exam;
(C) the State provides reimbursement not
later than 90 days after written notification of
the victim’s expense; and
(D) the State provides information at the
time of the exam to all victims, including vic-
281
tims with limited or no English proficiency, re-
garding how to obtain reimbursement.
SEC. 1604. FILING COSTS FOR CRIMINAL CHARGES.
No State is entitled to funds under this title unless
the State certifies that their 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 that the
abused bear the costs associated with the issuance or serv-
ice of a warrant, protection order, or witness subpoena.
SEC. 1605. EQUITABLE TREATMENT OF RAPE CASES.
No State is entitled to funds under this title unless
the State can certify that its laws and policies treat sex
offenses committed by offenders who are known to, cohabi-
tants of, social companions of, or related by blood or mar-
riage to, the victim no less severely than sex offenses com-
mitted by offenders who are strangers to the victim.
SEC. 1606. EDUCATION AND PREVENTION GRANTS TO RE-
DUCE SEXUAL ASSAULTS 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 1602, is further amended
by—
(1) redesignating part R as part S;
282
(2) redesignating section 1801 as section 1901;
and
(3) adding after part Q the following new part:
‘‘PART R—RAPE PREVENTION PROGRAMS
‘‘SEC. 1801. GRANT AUTHORIZATION.
‘‘The Director of the Bureau of Justice Assistance
(referred to in this part as the ‘Director’) is authorized
to make grants—
‘‘(1) to provide educational seminars, particu-
larly developed with emphasis on seminars for ele-
mentary and secondary school age children, designed
to develop an awareness of what acts meet the legal
definition of rape;
‘‘(2) to provide programs for elementary and
secondary school age children that teach nonviolent
conflict resolution, self defense, or other relevant
skills;
‘‘(3) to operate telephone hotlines for callers
with questions regarding sexual assault and rape;
‘‘(4) to design and disseminate training pro-
grams for professionals, including the development
and dissemination of protocols for the routine identi-
fication, treatment, and appropriate referral of vic-
tims of sexual assault by hospital emergency person-
nel and other professionals;
283
‘‘(5) to develop treatment programs for con-
victed sex offenders and make such programs avail-
able to the local community and to Federal and
State prisons;
‘‘(6) to prepare and disseminate informational
materials designed to educate the community regard-
ing sexual assault and prevention; and
‘‘(7) to develop other projects to increase
awareness and prevention of sexual assault, includ-
ing efforts to increase awareness of sexual assault
prevention among racial, ethnic, cultural and lan-
guage minorities.
‘‘SEC. 1802. APPLICATIONS.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this part, a duly authorized representative of an eli-
gible entity shall submit an application to the Director in
such form and containing such information as the Director
may reasonably require.
‘‘(b) ASSURANCES.—Each application must contain
an assurance 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.
‘‘(c) REQUIRED PLAN.—Each application shall in-
clude a plan that contains—
284
‘‘(1) a description of the projects to be devel-
oped;
‘‘(2) a description of how funds would be spent;
‘‘(3) a statement of staff qualifications and
demonstrated expertise in the field of rape preven-
tion and education; and
‘‘(4) a statement regarding the ability to serve
community needs and language minority populations
in providing ethnically and culturally and linguis-
tically appropriate programs where necessary.
‘‘SEC. 1803. REPORTS.
‘‘(a) GRANTEE REPORTING.—Upon completion of the
grant period under this subpart, each grantee shall file
a performance report with the Director explaining the ac-
tivities carried out together with an assessment of the ef-
fectiveness of such activities in achieving the purposes of
this subpart. The Director shall suspend funding for an
approved application if an applicant fails to submit an an-
nual performance report.
‘‘(b) BUREAU REPORTING.—Not later than 180 days
after the end of each fiscal year for which grants are made
under this subpart, the Director shall submit to the Con-
gress a report that includes, for each grantee—
‘‘(1) the amount of grants made under this sub-
part;
285
‘‘(2) a summary of the purposes for which
grants were provided and an evaluation of progress;
and
‘‘(3) an evaluation of the effectiveness of pro-
grams established with funds under this part.
‘‘SEC. 1804. DEFINITIONS.
‘‘For purposes of this part—
‘‘(1) the term ‘eligible entity’ means a non-
profit, nongovernmental organization that directly
serves or provides advocacy on behalf of victims of
rape or sexual assault; and
‘‘(2) the term ‘sexual assault prevention and
education’ means education and prevention efforts
directed at reducing the number of sexual assaults.’’.
(b) AUTHORIZATION
OF APPROPRIATION.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793), is amended by add-
ing after paragraph (11), as added by section 1602 of this
Act, the following:
‘‘(12) There are authorized to be appropriated to
carry out the purposes of part R, $60,000,000 for fiscal
year 1994, $75,000,000 for fiscal year 1995, and
$100,000,000 for fiscal year 1996.’’.
(c) 
ADMINISTRATIVE
PROVISIONS.—(1) 
Section
801(b) of title I of the Omnibus Crime Control and Safe
286
Streets Act of 1968, as amended by section 111 of this
Act, is amended by striking ‘‘O, and Q’’ and inserting ‘‘O,
Q, and R’’; and
(2) Section 802(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended by sec-
tion 1602 of this Act, is amended by striking ‘‘O, or Q’’
and inserting ‘‘O, Q, or R’’.
(d) 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.), as amended
by section 1602, is amended by striking the matter relat-
ing to part R and inserting the following:
‘‘PART R—RAPE PREVENTION PROGRAMS
‘‘Sec. 1801. Grant authorization.
‘‘Sec. 1802. Applications.
‘‘Sec. 1803. Reports.
‘‘Sec. 1804. Definitions.
‘‘PART S—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 1901. Continuation of rules, authorities, and proceedings.’’.
SEC. 1607. NATIONAL INSTITUTE OF JUSTICE TRAINING
PROGRAMS.
(a) IN GENERAL.—The National Institute of Justice,
after consultation with victim advocates and individuals
who have expertise in treating sex offenders, shall estab-
lish criteria and develop training programs to assist proba-
tion and parole officers and other personnel who work with
released sex offenders in the areas of—
(1) case management;
287
(2) supervision; and
(3) relapse prevention.
(b) TRAINING PROGRAMS.—The Director of the Na-
tional Institute of Justice shall attempt, to the extent
practicable, to make training programs developed under
subsection (a) available in geographically diverse locations
throughout the country.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $1,000,000 for each of the
fiscal years 1994 and 1995 to carry out the provisions
of this section.
SEC. 1608. INFORMATION PROGRAMS.
The Attorney General shall compile information re-
garding sex offender treatment programs and ensure that
information regarding community treatment programs in
the community into which a convicted sex offender is re-
leased is made available to each person serving a sentence
of imprisonment in a Federal penal or correctional institu-
tion for a commission of an offense under chapter 109A
of title 18 of the United States Code or for the commission
of a similar offense, including halfway houses and psy-
chiatric institutions.
288
SEC. 1609. VICTIM COMPENSATION.
(a) IN GENERAL.—Chapter 109A of title 18, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2246. Mandatory restitution for sex offenses
‘‘(a) IN GENERAL.—Notwithstanding section 3663 of
this title, and in addition 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) IN
GENERAL.—The order of restitution
under this section shall direct that—
‘‘(A) the defendant pay to the victim the
full amount of the victim’s losses as determined
by the court, pursuant to paragraph (3) of this
subsection; and
‘‘(B) the United States Attorney enforce
the restitution order by all available and reason-
able means.
‘‘(2) DEFINITIONS.—As used in 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
rehabilitation;
289
‘‘(C) lost income;
‘‘(D) attorneys’ fees, plus any costs in-
curred in obtaining a civil protection order;
‘‘(E) temporary housing;
‘‘(F) transportation;
‘‘(G) necessary child care;
‘‘(H) language translation services; and
‘‘(I) any other losses suffered by the victim
as a proximate result of the offense.
‘‘(3) MANDATORY
NATURE
OF
ORDER.—(A)
Restitution orders under this section are mandatory.
A court may not decline to issue an order under this
section because of—
‘‘(i) the economic circumstances of the de-
fendant; or
‘‘(ii) the fact that a victim has, or is enti-
tled to, receive compensation for his or her inju-
ries from the proceeds of insurance or any other
source.
‘‘(B) Subparagraph (A) of this paragraph does
not apply if—
‘‘(i) the court finds on the record that the
economic circumstances of the defendant do not
allow for the payment of any amount of a res-
titution order, and do not allow for the payment
290
of any amount of a restitution order in the fore-
seeable 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.
‘‘(4) 
CONSIDERATION
OF
ECONOMIC
CIR-
CUMSTANCES.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (3) of this subsection, 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 restitu-
tion is to be paid, including—
‘‘(i) the financial resources and other
assets of the defendant;
‘‘(ii) projected earnings, earning ca-
pacity, and other income of the defendant;
and
‘‘(iii) any financial obligations of the
defendant, including obligations to depend-
ents.
‘‘(B) LUMP-SUM OR PARTIAL PAYMENT.—
An order under this section may direct the de-
fendant to make a single lump-sum payment or
291
partial payments at specified intervals. The
order shall also provide that the defendant’s
restitutionary obligation takes priority over any
criminal fine ordered.
‘‘(5) 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 ex-
tent provided by the law of the State.
‘‘(c) PROOF OF CLAIM.—
‘‘(1) IN GENERAL.—Within 60 days after con-
viction and, in any event, no later than 10 days
prior to sentencing, the United States Attorney (or
delegate), after consulting with the victim, shall pre-
pare 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 delegate) and the victim. Should the
victim object to any of the information included in
the affidavit, the United States Attorney (or dele-
gate) shall advise the victim that the victim may file
a separate affidavit.
292
‘‘(2) OBJECTIONS.—If, after notifying the de-
fendant of the affidavit, no objection is raised by the
defendant, the amounts attested to in the affidavit
filed pursuant to paragraph (1) of this subsection
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 such Attorney’s
delegate) to submit further affidavits or other sup-
porting documents, demonstrating the victim’s
losses.
‘‘(3) ADDITIONAL DOCUMENTATION AND TESTI-
MONY.—If the court concludes, after reviewing the
supporting documentation and considering the de-
fendant’s objections, that there is a substantial rea-
son 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.
‘‘(4) FINAL DETERMINATION OF LOSSES.—In
the event that the victim’s losses are not ascertain-
able 10 days prior to sentencing as provided in sub-
section (c)(1) of this section, the United States At-
torney (or delegate) shall so inform the court, and
293
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 fur-
ther losses, the victim shall have 60 days after dis-
covery 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.’’.
(b) TABLE OF SECTIONS.—The table of sections at
the beginning of chapter 109A of title 18, United States
Code, is amended by adding at the end the following:
‘‘2246. Mandatory restitution for sex offenses.’’.
SEC. 1610. CAMPUS SEXUAL ASSAULT STUDY.
(a) STUDY.—The Attorney General shall provide for
a national baseline study to examine the scope of the prob-
lem of campus sexual assaults and the effectiveness of in-
stitutional and legal policies in addressing such crimes and
protecting victims. The Attorney General may utilize the
Bureau of Justice Statistics, the National Institute of Jus-
tice, and the Office for Victims of Crime in carrying out
this section.
(b) REPORT.—Based on the study required by sub-
section (a), the Attorney General shall prepare a report
including an analysis of—
294
(1) the number of reported allegations and esti-
mated number of unreported allegations of campus
sexual assaults, and to whom the allegations are re-
ported (including authorities of the educational insti-
tution, sexual assault victim service entities, and
local criminal authorities);
(2) the number of campus sexual assault allega-
tions reported to authorities of educational institu-
tions which are reported to criminal authorities;
(3) the number of campus sexual assault allega-
tions that result in criminal prosecution in compari-
son with the number of noncampus sexual assault
allegations that result in criminal prosecution;
(4) Federal and State laws or regulations per-
taining specifically to campus sexual assaults;
(5) the adequacy of policies and practices of
educational institutions in addressing campus sexual
assaults and protecting victims, including consider-
ation of—
(A) the security measures in effect at edu-
cational institutions, such as utilization of cam-
pus police and security guards, control over ac-
cess to grounds and buildings, supervision of
student activities and student living arrange-
ments, control over the consumption of alcohol
295
by students, lighting, and the availability of
escort services;
(B) the articulation and communication to
students of the institution’s policies concerning
sexual assaults;
(C) policies and practices that may prevent
or discourage the reporting of campus sexual
assaults to local criminal authorities, or that
may otherwise obstruct justice or interfere with
the prosecution of perpetrators of campus sex-
ual assaults;
(D) the nature and availability of victim
services for victims of campus sexual assaults;
(E) the ability of educational institutions’
disciplinary processes to address allegations of
sexual assault adequately and fairly;
(F) measures that are taken to ensure that
victims are free of unwanted contact with al-
leged assailants, and disciplinary sanctions that
are imposed when a sexual assault is deter-
mined to have occurred; and
(G) the grounds on which educational in-
stitutions are subject to lawsuits based on cam-
pus sexual assaults, the resolution of these
296
cases, and measures that can be taken to avoid
the likelihood of lawsuits;
(6) an assessment of the policies and practices
of educational institutions that are most effective in
addressing campus sexual assaults and protecting
victims, including policies and practices relating to
the particular issues described in paragraph (5); and
(7) any recommendations the Attorney General
may have for reforms to address campus sexual as-
saults and protect victims more effectively, and any
other matters that the Attorney General deems rel-
evant to the subject of the study and report required
by this section.
(c) SUBMISSION OF REPORT.—The report required
by subsection (b) shall be submitted to the Committees
on Education and Labor and the Judiciary of the House
of Representatives and the Committees on Labor and
Human Resources and the Judiciary of the Senate not
later than September 1, 1995.
(d) DEFINITION.—For purposes of this subtitle,
‘‘campus sexual assaults’’ means sexual assaults commit-
ted against or by students or employees of institutions of
postsecondary education and occurring at such institu-
tions or during activities connected with such institutions.
297
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $200,000 to carry out the
study required by this section.
Subtitle B—Safe Homes for Women
SEC. 1621. SHORT TITLE.
This subtitle may be cited as the ‘‘Safe Homes for
Women Act’’.
SEC. 1622. INTERSTATE ENFORCEMENT.
(a) IN GENERAL.—Part I of title 18, United States
Code, is amended by inserting after chapter 110 the fol-
lowing new chapter:
‘‘CHAPTER 110A—DOMESTIC VIOLENCE
‘‘Sec. 2261. Interstate domestic violence.
‘‘Sec. 2262. Violation of protection order.
‘‘Sec. 2263. Pretrial release of defendant.
‘‘Sec. 2264. Restitution.
‘‘Sec. 2265. Full faith and credit given to protection orders.
‘‘Sec. 2266. Definitions for chapter.
‘‘§ 2261. Interstate domestic violence
‘‘(a) Whoever travels across a State line or enters or
leaves Indian country with the intent to contact that per-
son’s spouse or intimate partner, and in the course of that
contact 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)
of this section.
‘‘(b) The punishment for a violation of subsection (a)
of this section is a fine under this title, or imprisonment—
298
‘‘(1) for life or any term of years, if the of-
fender murders the victim;
‘‘(2) for not more than 20 years, if the offender
causes serious bodily injury to the victim;
‘‘(3) for not more than 10 years, if the offender
uses a dangerous weapon during the offense;
‘‘(4) as provided for the applicable conduct
under chapter 109A, if the offense constitutes sexual
abuse, as described under chapter 109A (without re-
gard to whether the offense was committed 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 such fine and imprisonment.
‘‘§ 2262. Violation of protection order
‘‘(a) Whoever travels across a State line or enters or
leaves Indian country with the intent to engage in conduct
that—
‘‘(1)(A) violates a protection order, any portion
of which involves protection against credible threats
of violence, repeated harassment, or bodily injury, to
the person or persons for whom the protection order
was issued, and—
299
‘‘(B) violates that portion of such protection
order; or
‘‘(2) would violate paragraph (1) of this sub-
section if the conduct occurred in the jurisdiction in
which such order was issued;
and does engage in such conduct shall be punished as pro-
vided in subsection (b) of this section.
‘‘(b) The punishment for a violation of subsection (a)
of this section is a fine under this title, or imprisonment—
‘‘(1) for life or any term of years, if the of-
fender murders the victim;
‘‘(2) for not more than 20 years, if the offender
causes serious bodily injury to the victim;
‘‘(3) for not more than 10 years, if the offender
uses a dangerous weapon during the offense;
‘‘(4) as provided for the applicable conduct
under chapter 109A, if the offense constitutes sexual
abuse, as described under chapter 109A (without re-
gard to whether the offense was committed 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 such fine and imprisonment.
300
‘‘§ 2263. Pretrial release of defendant
‘‘In any proceeding pursuant to section 3142 of this
title 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 re-
lease, the alleged victim shall be given an opportunity to
be heard regarding the danger posed by the defendant.
‘‘§ 2264. Restitution
‘‘(a) IN GENERAL.—In addition to any fine or term
of imprisonment provided under this chapter, and notwith-
standing the terms of section 3663 of this title, the court
shall order restitution to the victim of an offense under
this chapter.
‘‘(b) SCOPE AND NATURE OF ORDER.—
‘‘(1) IN
GENERAL.—The order of restitution
under this section shall direct that—
‘‘(A) the defendant pay to the victim the
full amount of the victim’s losses as determined
by the court, pursuant to paragraph (3) of this
subsection; and
‘‘(B) the United States Attorney enforce
the restitution order by all available and reason-
able means.
‘‘(2) DEFINITION.—As used in this subsection,
the term ‘full amount of the victim’s losses’ includes
any costs incurred by the victim for—
301
‘‘(A) medical services relating to physical,
psychiatric, or psychological care;
‘‘(B) physical and occupational therapy or
rehabilitation;
‘‘(C) lost income;
‘‘(D) attorneys’ fees, plus any costs in-
curred in obtaining a civil protection order;
‘‘(E) temporary housing;
‘‘(F) transportation;
‘‘(G) necessary child care;
‘‘(H) language translation services; and
‘‘(I) any other losses suffered by the victim
as a proximate result of the offense.
‘‘(3) MANDATORY
NATURE
OF
ORDER.—(A)
Restitution orders under this section are mandatory.
A court may not decline to issue an order under this
section because of—
‘‘(i) the economic circumstances of the de-
fendant; or
‘‘(ii) the fact that a victim has, or is enti-
tled to, receive compensation for his or her inju-
ries from the proceeds of insurance or any other
source.
‘‘(B) Subparagraph (A) of this paragraph does
not apply if—
302
‘‘(i) the court finds on the record that the
economic circumstances of the defendant do not
allow for the payment of any amount of a res-
titution order, and do not allow for the payment
of any amount of a restitution order in the fore-
seeable 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.
‘‘(4) 
CONSIDERATION
OF
ECONOMIC
CIR-
CUMSTANCES.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (3) of this subsection, 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 restitu-
tion is to be paid, including—
‘‘(i) the financial resources and other
assets of the defendant;
‘‘(ii) projected earnings, earning ca-
pacity, and other income of the defendant;
and
303
‘‘(iii) any financial obligations of the
offender, including obligations to depend-
ents.
‘‘(B) LUMP-SUM OR PARTIAL PAYMENT.—
An order under this section may direct the de-
fendant to make a single lump-sum payment, or
partial payments at specified intervals. The
order shall provide that the defendant’s
restitutionary obligation takes priority over any
criminal fine ordered.
‘‘(5) SETOFF.—Any amount paid to a victim
under this section shall be setoff against any amount
later recovered as compensatory damages by the vic-
tim from the defendant in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the ex-
tent provided by the law of the State.
‘‘(c) PROOF OF CLAIM.—
‘‘(1) IN GENERAL.—Within 60 days after con-
viction and, in any event, no later than 10 days be-
fore sentencing, the United States Attorney (or such
Attorney’s delegate), after consulting with the vic-
tim, 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
304
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 delegate) shall advise the victim that the vic-
tim may file a separate affidavit and assist the vic-
tim in the preparation of that affidavit.
‘‘(2) OBJECTIONS.—If, after notifying the de-
fendant of the affidavit, no objection is raised by the
defendant, the amounts attested to in the affidavit
filed pursuant to paragraph (1) of this subsection
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 such Attorney’s
delegate) to submit further affidavits or other sup-
porting documents, demonstrating the victim’s
losses.
‘‘(3) ADDITIONAL DOCUMENTATION OR TESTI-
MONY.—If the court concludes, after reviewing the
supporting documentation and considering the de-
fendant’s objections, that there is a substantial rea-
son 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,
305
pursuant to this section, shall be maintained to the
greatest extent possible.
‘‘(4) FINAL DETERMINATION OF LOSSES.—In
the event that the victim’s losses are not ascertain-
able 10 days before sentencing as provided in para-
graph (1) of this subsection, the United States At-
torney (or such Attorney’s delegate) shall so inform
the court, and the court shall set a date for the final
determination of the victims’s losses, not to exceed
90 days after sentencing. If the victim subsequently
discovers further losses, the victim shall have 90
days after discovery of those losses in which to peti-
tion 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) RESTITUTION AND CRIMINAL PENALTIES.—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 or-
ders
‘‘(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 issu-
306
ing 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 is-
sued by a State or tribal court is consistent with this sub-
section if—
‘‘(1) such court has jurisdiction over the parties
and matter under the law of such State or Indian
tribe; and
‘‘(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 provided 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 writ-
ten pleading for protection against abuse by a spouse or
intimate partner is not entitled to full faith and credit if—
308
child custody orders) whether obtained by filing an
independent action or as a pendente lite order in an-
other proceeding so long as any civil order was is-
sued in response to a complaint, petition or motion
filed by or on behalf of an abused spouse or intimate
partner;
‘‘(3) the term ‘State’ includes a State of the
United States, the District of Columbia, a common-
wealth, territory, or possession of the United States;
‘‘(4) the term ‘travel across State lines’ does
not include travel across State lines by an individual
who is a member of an Indian tribe when such indi-
vidual remains at all times in the territory of the In-
dian tribe of which the individual is a member;
‘‘(5) the term ‘bodily harm’ means any act, ex-
cept one done in self-defense, that results in physical
injury or sexual abuse; and
‘‘(6) the term ‘Indian country’ has the meaning
given to such term by section 1151 of this title.’’.
(b) TABLE OF CHAPTERS.—The table of chapters at
the beginning part 1 of title 18, United States Code, is
amended by inserting after the item for chapter 110 the
following new item:
‘‘110A. Violence against spouses .................................................. 2261.’’.
309
SEC. 1623. 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 1606, is further amended
by—
(1) redesignating part S as part T;
(2) redesignating section 1901 as section 2001;
and
(3) adding after part R the following new part:
‘‘PART S—GRANTS TO ENCOURAGE ARREST
POLICIES
‘‘SEC. 1901. ARREST POLICIES.
‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of
this part is to encourage States, Indian tribes, and units
of local government to treat domestic violence as a serious
violation of criminal law. The Director of the Bureau of
Justice Assistance may make grants to eligible States, In-
dian tribes, or units of local government for the following:
‘‘(1) To implement mandatory arrest or
proarrest programs, including mandatory arrest pro-
grams for protective 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 en-
forcement, prosecution, or judicial responsibility for
310
domestic violence cases in groups or units of police
officers, prosecutors, or judges.
‘‘(4) To strengthen legal advocacy service pro-
grams for victims of domestic violence.
‘‘(5) To educate judges in criminal and other
courts about domestic violence and to improve judi-
cial handling of such cases.
‘‘(b) ELIGIBILITY.—Eligible grantees are States, In-
dian tribes, or units of local government that—
‘‘(1) certify that their laws or official policies—
‘‘(A)(i) encourage or mandate arrest of do-
mestic violence offenders based on probable
cause that violence has been committed; or
‘‘(ii) certify that all their law enforcement
personnel have received domestic violence train-
ing conducted by a State Domestic Violence Co-
alition as defined in section 10410(b) of title
42, United States Code; and
‘‘(B) 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 training programs discourage dual ar-
rests of offender and victim;
311
‘‘(3) certify that their laws, policies, and prac-
tices prohibit issuance of mutual restraining orders
of protection except in cases where both spouses file
a claim and the court makes detailed finding of fact
indicating that both spouses acted primarily as ag-
gressors and that neither spouse acted primarily in
self-defense;
‘‘(4) certify that their laws, policies, and prac-
tices do not require, in connection with the prosecu-
tion 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;
and
‘‘(5) certify that their laws and policies treat
sex offenses committed by offenders who are known
to, cohabitants of, or social companions of or related
by blood or marriage to, the victim no less severely
than sex offenses committed by offenders who are
strangers to the victim.
‘‘SEC. 1902. APPLICATIONS.
‘‘(a) APPLICATION.—An eligible grantee shall submit
an application to the Director that shall—
312
‘‘(1) describe plans to implement policies de-
scribed in subsection (b);
‘‘(2) identify the agency or office or groups of
agencies or offices responsible for carrying out the
program; and
‘‘(3) include documentation from nonprofit, pri-
vate 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 development and
implementation.
‘‘(b) PRIORITY.—In awarding grants under this part,
the Director shall give priority to an applicant that—
‘‘(1) does not currently provide for centralized
handling of cases involving domestic violence by pol-
icy, prosecutors, and courts; and
‘‘(2) demonstrates a commitment to strong en-
forcement of laws, and prosecution of cases, involv-
ing domestic violence.
‘‘SEC. 1903. REPORTS.
‘‘Each grantee receiving funds under this part shall
submit a report to the Director evaluating the effective-
ness of projects developed with funds provided under this
part and containing such additional information as the
Director may prescribe.
313
‘‘SEC. 1904. DEFINITIONS.
‘‘For purposes of this part—
‘‘(1) the term ‘domestic violence’ means a crime
of violence against a victim committed by a current
or former spouse of the victim, an individual with
whom the victim shares a child in common, an indi-
vidual who cohabits with or has cohabited with the
victim as a spouse, or any other individual similarly
situated to a spouse, or any other person who is pro-
tected under the domestic or family violence laws of
the eligible State, Indian tribe, municipality, or local
government entity.
‘‘(2) the term ‘protection order’ includes any in-
junction issued for the purpose of preventing violent
or threatening acts of domestic violence including
temporary and final orders issued by civil and crimi-
nal courts (other than support or child custody pro-
visions) whether obtained by filing an independent
action or as a pendente lite order in another pro-
ceeding.’’.
(b) 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), is amended by add-
ing after paragraph (12), as added by section 1602 of this
Act, the following:
314
‘‘(13) There are authorized to be appropriated
$25,000,000 for each of the fiscal years 1994, 1995, and
1996 to carry out the purposes of part S.’’.
(c) 
ADMINISTRATIVE
PROVISIONS.—(1) 
Section
801(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended by section 121 of this
Act, is amended by striking ‘‘O, Q, and R’’ and inserting
‘‘O, Q, R, and S’’; and
(2) Section 802(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended by sec-
tion 1606 of this Act, is amended by striking ‘‘O, Q, or
R’’ and inserting ‘‘O, Q, R, or S’’.
(d) EFFECTIVE DATE.—The eligibility requirements
provided in this section shall take effect 1 year after the
date of enactment of this subtitle.
(e) 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.), as amended
by section 1606, is further amended by striking the matter
relating to part S and inserting the following:
‘‘PART S—GRANTS TO ENCOURAGE ARREST POLICIES
‘‘Sec. 1901. Arrest policies.
‘‘Sec. 1902. Applications.
‘‘Sec. 1903. Reports.
‘‘Sec. 1904. Definitions.
‘‘PART T—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 2001. Continuation of rules, authorities, and proceedings.’’.
315
Subtitle C—Domestic Violence
SEC. 1624. FINDINGS.
The Congress finds that—
(1) domestic violence is the leading cause of in-
jury to women in the United States between the
ages of 15 and 44;
(2) firearms are used by the abuser in 7 per-
cent of domestic violence incidents and produces an
adverse effect on interstate commerce; and
(3) individuals with a history of domestic abuse
should not have easy access to firearms.
SEC. 1625. PROHIBITION AGAINST DISPOSAL OF FIREARMS
TO, OR RECEIPT OF FIREARMS BY, PERSONS
WHO HAVE COMMITTED DOMESTIC ABUSE.
(a) INTIMATE PARTNER DEFINED.—Section 921(a)
of title 18, United States Code, is amended by inserting
at the end the following:
‘‘(29) The term ‘intimate partner’ means, with re-
spect to a person, the spouse of the person, a former
spouse of the person, an individual who is a parent of a
child of the person, and an individual who cohabitates or
has cohabited with the person.’’.
(b) PROHIBITION AGAINST DISPOSAL
OF FIRE-
ARMS.—Section 922(d) of such title is amended—
316
(1) by striking ‘‘or’’ at the end of paragraph
(6);
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘; or’’; and
(3) by inserting after paragraph (7) the follow-
ing:
‘‘(8) is subject to a court order that restrains
such person from harassing, stalking, or threatening
an intimate partner of such person, or engaging in
other conduct that would place an intimate partner
in reasonable fear of bodily injury, except that this
paragraph shall only apply to a court order that (A)
was issued after a hearing of which such person re-
ceived actual notice, and at which such person had
the opportunity to participate, and (B) includes a
finding that such person represents a credible threat
to the physical safety of such intimate partner.’’.
(c) PROHIBITION
AGAINST
RECEIPT
OF
FIRE-
ARMS.—Section 922(g) of such title is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(6);
(2) by inserting ‘‘or’’ at the end of paragraph
(7); and
(3) by inserting after paragraph (7) the follow-
ing:
317
‘‘(8) who is subject to a court order that—
‘‘(A) was issued after a hearing of which
such person received actual or constructive no-
tice, and at which such person had an oppor-
tunity to participate;
‘‘(B) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person, or engaging in other conduct that
would place an intimate partner in reasonable
fear of bodily injury; and
‘‘(C) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner,’’.
(d) STORAGE OF FIREARMS.—Section 926(a) of such
title is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(1);
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (2) the follow-
ing:
‘‘(3) regulations providing for effective receipt
and secure storage of firearms relinquished by or
seized from persons described in subsection (d)(8) or
(g)(8) of section 922.’’.
318
(e) RETURN OF FIREARMS.—Section 924(d)(1) of
such title is amended by striking ‘‘the seized’’ and insert-
ing ‘‘or lapse of or court termination of the restraining
order to which he is subject, the seized or relinquished’’.
SEC. 1626. ALIEN SPOUSE PETITIONING RIGHTS FOR IMME-
DIATE RELATIVE OR SECOND PREFERENCE
STATUS.
(a) IN GENERAL.—Section 204(a)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1154(a)(1)) is
amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘(i)’’ after ‘‘(A)’’,
(B) by redesignating the second sentence
as clause (ii), and
(C) by adding at the end the following new
clause:
‘‘(iii) An alien who is the spouse of a citizen of the
United States, who is eligible to be classified as an imme-
diate relative under section 201(b)(2)(A)(i), and who has
resided in the United States with the alien’s spouse may
file a petition with the Attorney General under this sub-
paragraph for classification of the alien (and children of
the alien) under such section if the alien demonstrates to
the Attorney General that—
319
‘‘(I) the alien is residing in the United States,
the marriage between the alien and the spouse was
entered into in good faith by the alien, and during
the marriage the alien or a child of the alien has
been battered by or has been the subject of extreme
cruelty perpetrated by the alien’s spouse, or
‘‘(II) the alien is residing in the United States
with the alien’s spouse, the alien has been married
to and residing with the spouse for a period of not
less than 3 years, and the alien’s spouse has failed
to file a petition under clause (i) on behalf of the
alien.’’; and
(2) in subparagraph (B)—
(A) by inserting ‘‘(i)’’ after ‘‘(B)’’, and
(B) by adding at the end the following new
clause:
‘‘(ii) An alien who is the spouse of an alien lawfully
admitted for permanent residence, who is eligible for clas-
sification under section 203(a)(2)(A), and who has resided
in the United States with the alien’s legal permanent resi-
dent spouse may file a petition with the Attorney General
under this subparagraph for classification of the alien
(and children of the alien) under such section if the alien
demonstrates to the Attorney General that the conditions
320
described in subclause (I) or (II) of subparagraph (A)(iii)
are met with respect to the alien.’’.
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
204(a)(2) of such Act (8 U.S.C. 1154(a)(2)) is amended—
(A) in subparagraph (A), by striking ‘‘filed by
an alien who,’’ and inserting ‘‘for the classification
of the spouse of an alien if the alien,’’, and
(B) in subparagraph (B), by striking ‘‘by an
alien whose prior marriage’’ and inserting ‘‘for the
classification of the spouse of an alien if the prior
marriage of the alien’’.
(2) Section 201(b)(2)(A)(i) of such Act (8 U.S.C.
1151(b)(2)(A)(i)) is amended by striking ‘‘204(a)(1)(A)’’
and inserting ‘‘204(a)(1)(A)(ii)’’.
(c) SURVIVAL RIGHTS TO PETITION.— Section 204
of the Immigration and Nationality Act (8 U.S.C. 1154)
is amended by adding at the end the following new sub-
section:
‘‘(h) The legal termination of a marriage may not be
the basis for revocation under section 205 of a petition
filed under subsection (a)(1)(A)(iii)(I) or a petition filed
under subsection (a)(1)(B)(ii) pursuant to conditions de-
scribed in subsection (a)(1)(A)(iii)(I).’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect January 1, 1994.
321
SEC. 1627. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIV-
ER APPLICATIONS.
(a) IN GENERAL.—Section 216(c)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend-
ed by inserting after the second sentence the following:
‘‘In acting on applications under this paragraph, the At-
torney General shall consider any credible evidence sub-
mitted in support of the application (whether or not the
evidence is supported by an evaluation of a licensed mental
health professional). The determination of what evidence
is credible and the weight to be given that evidence shall
be within the sole discretion of the Attorney General.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to applications made be-
fore, on, or after such date.
SEC. 1628. SUSPENSION OF DEPORTATION.
Section 244(a) of the Immigration and Nationality
Act (8 U.S.C. 1254(a)) is amended—
(1) at the end of paragraph (1) by striking
‘‘or’’;
(2) at the end of paragraph (2) by striking the
period and inserting ‘‘; or’’; and
(3) by inserting after paragraph (2) the follow-
ing:
322
‘‘(3) is deportable under any law of the United
States except section 241(a)(1)(G) and the provi-
sions specified in paragraph (2); is physically
present in the United States; has been battered or
subjected to extreme cruelty in the United States by
a spouse or parent who is a United States citizen or
lawful permanent resident; and proves that during
all of such time in the United States the alien was
and is a person of good moral character; and is a
person whose deportation would, in the opinion of
the Attorney General, result in extreme hardship to
the alien or the alien’s parent or child.’’.
Subtitle D—Miscellaneous
Provisions
SEC. 1641. REPORT ON CONFIDENTIALITY OF ADDRESSES
FOR VICTIMS OF DOMESTIC VIOLENCE.
(a) REPORT.—The Attorney General shall conduct a
study of the means by which abusive spouses may obtain
information concerning the addresses or locations of es-
tranged or former spouses, notwithstanding the desire of
the victims to have such information withheld to avoid fur-
ther exposure to abuse. Based on the study, the Attorney
General shall transmit a report to Congress including—
(1) the findings of the study concerning the
means by which information concerning the address-
323
es or locations of abused spouses may be obtained
by abusers; and
(2) analysis of the feasibility of creating effec-
tive means of protecting the confidentiality of infor-
mation concerning the addresses and locations of
abused spouses to protect such persons from expo-
sure to further abuse while preserving access to such
information for legitimate purposes.
(b) USE OF COMPONENTS.—The Attorney General
may use the National Institute of Justice and the Office
for Victims of Crime in carrying out this section.
SEC. 1642. REPORT ON RECORDKEEPING RELATING TO DO-
MESTIC VIOLENCE.
Not later than 1 year after the date of enactment
of this Act, the Attorney General shall complete a study
of, and shall submit to Congress a report and rec-
ommendations on, problems of recordkeeping of criminal
complaints involving domestic violence. The study and re-
port shall examine—
(1) the efforts that have been made by the De-
partment of Justice, including the Federal Bureau
of Investigation, to collect statistics on domestic vio-
lence; and
(2) the feasibility of requiring that the relation-
ship between an offender and victim be reported in
324
Federal records of crimes of aggravated assault,
rape, and other violent crimes.
SEC. 1643. ESTABLISHMENT OF TASK FORCE.
Not later than 30 days after the date of enactment
of this Act, the Attorney General shall establish a task
force to be known as the Attorney General’s Task Force
on Violence Against Women (referred to in this subtitle
as the ‘‘Task Force’’).
SEC. 1644. GENERAL PURPOSES OF TASK FORCE.
(a) GENERAL PURPOSE OF THE TASK FORCE.—The
Task Force shall review Federal, State, and local strate-
gies for preventing and punishing violent crimes against
women, including the enhancement and protection of the
rights of the victims of such crimes, and make rec-
ommendations to improve the response to such crimes.
(b) FUNCTIONS.—The Task Force shall perform such
functions as the Attorney General deems appropriate to
carry out the purposes of the Task Force, including—
(1) evaluating the adequacy of, and making rec-
ommendations regarding, current law enforcement
efforts at the Federal and State levels to reduce the
rate of violent crimes against women;
(2) evaluating the adequacy of, and making rec-
ommendations regarding, the responsiveness of State
325
prosecutors and State courts to violent crimes
against women;
(3) evaluating the adequacy of State and Fed-
eral rules of evidence, practice, and procedure to en-
sure the effective prosecution and conviction of vio-
lent offenders against women and to protect victims
from abuse in legal proceedings, making rec-
ommendations, where necessary, to improve those
rules;
(4) evaluating the adequacy of pretrial release,
sentencing, incarceration, and post-conviction release
for crimes that predominantly affect women, such as
rape and domestic violence;
(5) evaluating the adequacy of, and making rec-
ommendations regarding, the adequacy of State and
Federal laws on sexual assault and the need for a
more uniform statutory response to sex offenses, in-
cluding sexual assaults and other sex offenses com-
mitted by offenders who are known or related by
blood or marriage to the victim;
(6) evaluating the adequacy of, and making rec-
ommendations regarding, the adequacy of State and
Federal laws on domestic violence and the need for
a more uniform statutory response to domestic
violence;
327
ommending effective means of response to the prob-
lem.
SEC. 1645. MEMBERSHIP.
(a) CHAIR; NUMBER AND APPOINTMENT.—The Task
Force shall be chaired by the Attorney General (or des-
ignee). Not later than 60 days after the date of the enact-
ment of this Act, after consultation with the Secretary of
Health and Human Services, the Secretary of Education,
and the Secretary of Housing and Urban Development,
the Attorney General shall select up to 14 other members
to serve on the Task Force.
(b) PARTICIPATION.—The Attorney General (or des-
ignee) shall select, without regard to political affiliation,
members who are specially qualified to serve on the Task
Force based on their involvement in efforts to combat vio-
lence against women, assistance or service to victims of
such violence, or other pertinent experience or expertise.
The Attorney General shall ensure that the Task Force
includes a broad base of participation by including mem-
bers with backgrounds in such areas as law enforcement,
victim services and advocacy, legal defense and prosecu-
tion, judicial administration, medical services, and coun-
seling.
(c) VACANCIES.—The Attorney General may fill any
vacancy that occurs on the Task Force.
328
SEC. 1646. TASK FORCE OPERATIONS.
(a) MEETINGS.—The Task Force shall hold its first
meeting on a date specified by the Attorney General (or
designee), but shall not be later than 60 days after the
date of the enactment of this Act. After the initial meet-
ing, the Task Force shall meet at the call of the Attorney
General (or designee), but shall meet at least 6 times.
(b) PAY.—Members of the Task Force who are offi-
cers or employees or elected officials of a government en-
tity shall receive no additional compensation by reason of
their service on the Task Force.
(c) PER DIEM.—Except as provided in subsection
(b), members of the Task Force shall be allowed travel
and other expenses including per diem in lieu of subsist-
ence, at rates authorized for employees of agencies under
sections 5702 and 5703 of title 5, United States Code.
SEC. 1647. REPORTS.
(a) IN GENERAL.—Not later than 1 year after the
date on which the Task Force is fully constituted under
section 1645, the Task Force shall prepare and submit
a final report to the President and to congressional com-
mittees that have jurisdiction over legislation addressing
violent crimes against women, including the crimes of
domestic and sexual assault.
(b) CONTENTS.—The final report submitted under
paragraph (1) shall contain a detailed statement of the
329
activities of the Task Force and of the findings and con-
clusions of the Task Force, including such recommenda-
tions for legislation and administrative action as the Task
Force considers appropriate.
SEC. 1648. EXECUTIVE DIRECTOR AND STAFF.
(a) EXECUTIVE DIRECTOR.—
(1) APPOINTMENT.—The Task Force shall have
an Executive Director who shall be appointed by the
Attorney General (or designee), with the approval of
the Task Force.
(2) COMPENSATION.—The Executive Director
shall be compensated at a rate not to exceed the
maximum rate of the basic pay payable for a posi-
tion above GS–15 of the General Schedule contained
in title 5, United States Code.
(b) STAFF.—With the approval of the Task Force,
the Executive Director may appoint and fix the compensa-
tion of such additional personnel as the Executive Director
considers necessary to carry out the duties of the Task
Force.
(c) APPLICABILITY OF CIVIL SERVICE LAWS.—The
Executive Director and the additional personnel of the
Task Force appointed under subsection (b) may be ap-
pointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
330
service, and may be paid without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of such
title relating to classification and General Schedule pay
rates.
(d) CONSULTANTS.—Subject to such rules as may be
prescribed by the Task Force, the Executive Director may
procure temporary or intermittent services under section
3109(b) of title 5, United States Code, at rates for individ-
uals not to exceed $200 per day.
SEC. 1649. POWERS OF TASK FORCE.
(a) HEARINGS.—For the purposes of carrying out
this subtitle, the Task Force may conduct such hearings,
sit and act at such times and places, take such testimony,
and receive such evidence, as the Task Force considers
appropriate. The Task Force may administer oaths for
testimony before the Task Force.
(b) DELEGATION.—Any member or employee of the
Task Force may, if authorized by the Task Force, take
any action that the Task Force is authorized to take under
this subtitle.
(c) ACCESS TO INFORMATION.—The Task Force may
request directly from any executive department or agency
such information as may be necessary to enable the Task
Force to carry out this subtitle, on the request of the
Attorney General (or designee).
331
(d) MAILS.—The Task Force may use the United
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United
States.
SEC. 1650. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out
this subtitle $500,000 for fiscal year 1994.
SEC. 1651. TERMINATION.
The Task Force shall cease to exist 30 days after the
date on which its final report is submitted under section
1647.
SEC. 1652. PAYMENT OF COST OF STD TESTING FOR VIC-
TIMS IN SEX OFFENSE CASES.
Section 503(c)(7) of the Victims’ Rights and Restitu-
tion Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by
adding at the end the following: ‘‘The Attorney General
shall authorize the Director of the Office of Victims of
Crime to provide for the payment of the cost of up to two
tests of the victim for sexually transmitted diseases, in-
cluding, but not limited to gonorrhea, herpes, chlamydia,
syphilis, and HIV, during the 12 months following sexual
assaults that pose a risk of transmission, and the cost of
a counseling session by a medically trained professional
on the accuracy of such tests and the risk of transmission
332
of sexually transmitted diseases to the victim as the result
of the assault.’’.
SEC. 
1653. 
NATIONAL 
DOMESTIC 
VIOLENCE 
HOTLINE
GRANT.
(a) FINDINGS.—Congress finds that—
(1) 4,000,000 women are battered by their
partners each year, of which 4,000 die as a result
of such abuse;
(2) victims of domestic violence need access to
resources which will refer such victims and their
children to safe homes and shelters; and
(3) there is a need for a national domestic vio-
lence hotline to provide information and assistance
to victims of domestic violence because a privately
funded national domestic violence hotline which han-
dled more than 65,000 crisis calls annually no longer
exists.
(b) IN GENERAL.—The Attorney General, through
the Bureau of Justice Assistance, shall provide a grant
to a nonprofit private organization to establish and oper-
ate a national, toll-free telephone hotline to provide infor-
mation and assistance to victims of domestic violence. A
grant provided under this subsection may extend over a
period of not more than 3 fiscal years and the provision
of payments under such grant shall be subject to annual
333
approval by the Attorney General and subject to the avail-
ability of appropriations for the fiscal year involved to
make the payments.
(c) APPLICATION.—
(1) IN GENERAL.—The Attorney General may
not provide a grant under subsection (b) unless an
application that meets the requirements of para-
graph (2) has been approved by the Attorney
General.
(2) REQUIREMENTS.—An application meets the
requirements of this paragraph if the application—
(A) contains such agreements, assurances,
and information, and is in such form and sub-
mitted in such manner as the Attorney General
shall prescribe through notice in the Federal
Register;
(B) demonstrates that the applicant has
nationally recognized expertise in the area of
domestic violence and a record of high quality
service to victims of domestic violence, including
support from advocacy groups, particularly
State coalitions and recognized national domes-
tic violence groups;
(C) demonstrates that the applicant has a
commitment to diversity, including the hiring of
334
and provision of services to ethnic, racial, cul-
tural, and non-English speaking minorities, in
addition to older individuals and individuals
with disabilities;
(D) demonstrates that the applicant has
the ability to integrate the hotline into existing
services provided by the applicant to victims of
domestic violence;
(E) includes a complete description of the
applicant’s plan for the establishment and oper-
ation of the hotline, including a description of—
(i) the hiring criteria and training
program for hotline personnel;
(ii) the methods for the creation,
maintenance, and updating of a resource
database for the hotline;
(iii) a plan for providing service on a
24-hour-a-day basis to non-English speak-
ing callers, including hotline personnel who
speak Spanish;
(iv) a plan for access to the hotline by
individuals with hearing impairments; and
(v) a plan for publicizing the availabil-
ity of the hotline; and
335
(F) contains such other information as the
Attorney General may require.
(d) SELECTION.—The Attorney General shall select
a nonprofit private organization to receive a grant under
subsection (b) which has been in existence for at least 5
years from the date of submission of the application by
the organization.
(e) USES.—A grant made under subsection (b) shall
be used to establish and operate a national, toll-free tele-
phone hotline to provide information and assistance to vic-
tims of domestic violence. In establishing and operating
the hotline, a nonprofit private organization shall—
(1) contract with a carrier for the use of a toll-
free telephone 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) establish, maintain, and update a database
of information relating to services for victims of do-
mestic violence, including information on the avail-
ability of shelters that serve battered women; and
(4) publicize the hotline to potential users
throughout the United States.
(f) AUTHORIZATION OF APPROPRIATIONS.—
336
(1) IN GENERAL.—There is authorized to be
appropriated to carry out this section $1,000,000 for
each of the fiscal years 1994 through 1996.
(2) AVAILABILITY.—Funds authorized to be ap-
propriated under paragraph (1) shall remain avail-
able until expended.
SEC. 1654. GRANTS FOR COMMUNITY PROGRAMS ON DO-
MESTIC VIOLENCE.
(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 1623 of this Act, is
amended by—
(1) redesignating part T as part U;
(2) redesignating section 2001 as section 2101;
and
(3) adding after part S the following new part:
‘‘PART T—GRANTS FOR COMMUNITY PROGRAMS
ON DOMESTIC VIOLENCE.
‘‘SEC. 2001. GRANT AUTHORITY.
‘‘The Director shall provide grants to establish
projects in local communities involving many sectors of
each community to coordinate intervention and prevention
of domestic violence.
337
‘‘SEC. 2002. APPLICATIONS.
‘‘(a) IN GENERAL.—An organization that desires to
receive a grant under this section shall submit to the Di-
rector an application, in such form and in such manner
as the Director may reasonably require that—
‘‘(1) demonstrates that the applicant will serve
a community leadership function, bringing together
opinion leaders from each sector of the community
to develop a coordinated community consensus op-
posing domestic violence;
‘‘(2) demonstrates a community action compo-
nent to improve and expand current intervention and
prevention strategies through increased communica-
tion and coordination among all affected sectors;
‘‘(3) includes a complete description of the ap-
plicant’s plan for the establishment and operation of
the community project, including a description of—
‘‘(A) the method for identification and se-
lection of an administrative committee made up
of persons knowledgeable in domestic violence
to oversee the project, hire staff, assure compli-
ance with the project outline, and secure annual
evaluation of the project;
‘‘(B) the method for identification and se-
lection of project staff and a project evaluator;
338
‘‘(C) the method for identification and se-
lection of a project council consisting of rep-
resentatives of the community sectors listed in
subsection (b)(2);
‘‘(D) the method for identification and se-
lection of a steering committee consisting of
representatives of the various community sec-
tors who will chair subcommittees of the project
council focusing on each of the sectors; and
‘‘(E) a plan for developing outreach and
public education campaigns regarding domestic
violence; and
‘‘(4) contains such other information, agree-
ments, and assurances as the Director may require.
‘‘(b) ELIGIBILITY.—To be eligible for a grant under
this section, such application shall include—
‘‘(1) an assurance that the applicant is a non-
profit private organization organized for the purpose
of coordinating community projects for the interven-
tion in and prevention of domestic violence; and
‘‘(2) an assurance that such nonprofit organiza-
tion includes representation from pertinent sectors
of the local community, including—
‘‘(A) health care providers;
‘‘(B) the education community;
339
‘‘(C) the religious community;
‘‘(D) the justice system;
‘‘(E) domestic violence program advocates;
‘‘(F) human service entities such as State
child services divisions; and
‘‘(G) business and civic leaders.
‘‘SEC. 2003. AWARD OF GRANTS.
‘‘(a) TERM.—A grant provided under this section
may extend over a period of not more than 3 fiscal years.
‘‘(b) CONDITIONS ON PAYMENT.—Payments under a
grant under this section shall be subject to—
‘‘(1) annual approval by the Director; and
‘‘(2) availability of appropriations.
‘‘(c) GEOGRAPHICAL
DISPERSION.—The Director
shall award grants under this section to organizations in
communities geographically dispersed throughout the
country.
‘‘SEC. 2004. USES OF FUNDS.
‘‘(a) IN GENERAL.—A grant made under subsection
(a) shall be used to establish and operate a community
project to coordinate intervention and prevention of do-
mestic violence.
‘‘(b) REQUIREMENTS.—In establishing and operating
a project, a nonprofit private organization shall—
340
‘‘(1) establish protocols to improve and expand
domestic violence intervention and prevention strate-
gies among all affected sectors;
‘‘(2) develop action plans to direct responses
within each community sector that are in conjunc-
tion with development in all other sectors; and
‘‘(3) provide for periodic evaluation of the
project with a written report and analysis to assist
application of this concept in other communities.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
1001 of the Omnibus Crime Control and Safe Streets Act
of 1968 is amended by adding after paragraph (13), as
added by section 1623 of this Act, the following:
‘‘(14) There are authorized to be appropriated to
carry out part T $20,000,000 for fiscal year 1994 and
such sums as are necessary for each of the fiscal years
1995, 1996, and 1997, to remain available until
expended.’’.
(c) 
ADMINISTRATIVE
PROVISIONS.—(1) 
Section
801(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended by section 1623 of this
Act, is amended by striking ‘‘O, Q, R, and S’’ and insert-
ing ‘‘O, Q, R, S, and T’’; and
(2) Section 802(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended by sec-
341
tion 1623 of this Act, is amended by striking ‘‘O, Q, R,
or S’’ and inserting ‘‘O, Q, R, S, or T’’.
(d) 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.), as amended
by section 1623 of this Act, is amended by striking the
matter relating to part T and inserting the following:
‘‘PART T—GRANTS FOR COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE
‘‘Sec. 2001. Grant authority.
‘‘Sec. 2002. Applications.
‘‘Sec. 2003. Award of grants.
‘‘Sec. 2004. Uses of funds.
‘‘PART U—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 2101. Continuation of rules, authorities, and proceedings.’’.
Subtitle E—Equal Justice for
Women in the Courts
SEC. 1661. GRANTS AUTHORIZED.
The State Justice Institute is authorized to award
grants for the purpose of developing, testing, presenting,
and disseminating model programs to be used by States
in training judges and court personnel in the laws of the
States on rape, sexual assault, domestic violence, and
other crimes of violence motivated by gender.
SEC. 1662. TRAINING PROVIDED BY GRANTS.
Training provided pursuant to grants made under
this subtitle may include current information, existing
studies, or current data on—
342
(1) the nature and incidence of rape and sexual
assault by strangers and nonstrangers, marital rape,
and incest;
(2) the underreporting of rape, sexual assault,
and child sexual abuse;
(3) the physical, psychological, and economic
impact of rape and sexual assault on the victim, the
costs to society, and the implications for sentencing;
(4) the psychology of sex offenders, their high
rate of recidivism, and the implications for sentenc-
ing;
(5) the historical evolution of laws and attitudes
on rape and sexual assault;
(6) sex stereotyping of female and male victims
of rape and sexual assault, racial stereotyping of
rape victims and defendants, and the impact of such
stereotypes on credibility of witnesses, sentencing,
and other aspects of the administration of justice;
(7) application of rape shield laws and other
limits on introduction of evidence that may subject
victims to improper sex stereotyping and harassment
in both rape and nonrape cases, including the need
for sua sponte judicial intervention in inappropriate
cross-examination;
343
(8) the use of expert witness testimony on rape
trauma syndrome, child sexual abuse accommodation
syndrome, post-traumatic stress syndrome, and simi-
lar issues;
(9) the legitimate reasons why victims of rape,
sexual assault, domestic violence, and incest may
refuse to testify against a defendant;
(10) the nature and incidence of domestic vio-
lence;
(11) the physical, psychological, and economic
impact of domestic violence on the victim, the costs
to society, and the implications for court procedures
and sentencing;
(12) the psychology and self-presentation of
batterers and victims and the negative implications
for court proceedings and credibility of witnesses;
(13) sex stereotyping of female and male vic-
tims of domestic violence, myths about presence or
absence of domestic violence in certain racial, ethnic,
religious, or socioeconomic groups, and their impact
on the administration of justice;
(14) historical evolution of laws and attitudes
on domestic violence;
(15) proper and improper interpretations of the
defenses of self-defense and provocation, and the use
344
of expert witness testimony on battered woman
syndrome;
(16) the likelihood of retaliation, recidivism,
and escalation of violence by batterers, and the po-
tential impact of incarceration and other meaningful
sanctions for acts of domestic violence including vio-
lations of orders of protection;
(17) economic, psychological, social and institu-
tional reasons for victims’ inability to leave the
batterer, to report domestic violence or to follow
through on complaints, including the influence of
lack of support from police, judges, and court per-
sonnel, and the legitimate reasons why victims of do-
mestic violence may refuse to testify against a de-
fendant and should not be held in contempt;
(18) the need for orders of protection, and the
negative implications of mutual orders of protection,
dual arrest policies, and mediation in domestic vio-
lence cases; and
(19) recognition of and response to gender-mo-
tivated crimes of violence other than rape, sexual as-
sault and domestic violence, such as mass or serial
murder motivated by the gender of the victims.
345
SEC. 1663. COOPERATION IN DEVELOPING PROGRAMS.
The State Justice Institute shall ensure that model
programs carried out pursuant to grants made under this
subtitle are developed with the participation of law en-
forcement officials, public and private nonprofit victim ad-
vocates, legal experts, prosecutors, defense attorneys, and
recognized experts on gender bias in the courts.
SEC. 1664. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal year
1994, $600,000 to carry out the purposes of sections 1661
through 1664. Of amounts appropriated under this sec-
tion, the State Justice Institute shall expend no less than
40 percent on model programs regarding domestic violence
and no less than 40 percent on model programs regarding
rape and sexual assault.
SEC. 1665. AUTHORIZATIONS OF CIRCUIT STUDIES; EDU-
CATION AND TRAINING GRANTS.
(a) STUDY.—In order to gain a better understanding
of the nature and the extent of gender bias in the Federal
courts, the circuit judicial councils are encouraged to con-
duct studies of the instances of gender bias in their respec-
tive circuits. The studies may include an examination of
the effects of gender on—
(1) the treatment of litigants, witnesses, attor-
neys, jurors, and judges in the courts, including be-
fore magistrate and bankruptcy judges;
346
(2) the interpretation and application of the
law, both civil and criminal;
(3) treatment of defendants in criminal cases;
(4) treatment of victims of violent crimes;
(5) sentencing;
(6) sentencing alternatives, facilities for incar-
ceration, and the nature of supervision of probation,
parole, and supervised release;
(7) appointments to committees of the Judicial
Conference and the courts;
(8) case management and court sponsored al-
ternative dispute resolution programs;
(9) the selection, retention, promotion, and
treatment of employees;
(10) appointment of arbitrators, experts, and
special masters;
(11) the admissibility of past sexual history in
civil and criminal cases; and
(12) the aspects of the topics listed in section
1662 that pertain to issues within the jurisdiction of
the Federal courts.
(b) CLEARINGHOUSE.—The Judicial Conference of
the United States shall designate an entity within the Ju-
dicial Branch to act as a clearinghouse to disseminate any
reports and materials issued by the gender bias task forces
347
under subsection (a) and to respond to requests for such
reports and materials. The gender bias task forces shall
provide this entity with their reports and related material.
(c) MODEL PROGRAMS.—The Federal Judicial Cen-
ter, in carrying out section 620(b)(3) of title 28, United
States Code, shall—
(1) include in the educational programs it pre-
sents and prepares, including the training programs
for newly appointed judges, information on issues re-
lated to gender bias in the courts including such
areas as are listed in subsection (a) along with such
other topics as the Federal Judicial Center deems
appropriate;
(2) prepare materials necessary to implement
this subsection; and
(3) take into consideration the findings and rec-
ommendations of the studies conducted pursuant to
subsection (a), and to consult with individuals and
groups with relevant expertise in gender bias issues
as it prepares or revises such materials.
SEC. 1666. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated—
(1) $600,000 to the Salaries and Expenses Ac-
count of the Courts of Appeals, District Courts, and
348
other Judicial Services, to carry out section 1665(a),
to be available until expended through fiscal year
1996;
(2) $100,000 to the Federal Judicial Center to
carry out section 1665(c) and any activities des-
ignated by the Judicial Conference under section
1665(b); and
(3) such sums as are necessary to the Adminis-
trative Office of the United States Courts to carry
out any activities designated by the Judicial Con-
ference under section 1665(b).
(b) THE JUDICIAL CONFERENCE OF THE UNITED
STATES.—(1) The Judicial Conference of the United
States Courts shall allocate funds to Federal circuit courts
under this subtitle that—
(A) undertake studies in their own circuits; or
(B) implement reforms recommended as a re-
sult of such studies in their own or other circuits,
including education and training.
(2) Funds shall be allocated to Federal circuits under
this subtitle on a first come first serve basis in an amount
not to exceed $100,000 on the first application. If within
6 months after the date on which funds authorized under
this Act become available, funds are still available, circuits
349
that have received funds may reapply for additional funds,
with not more than $200,000 going to any one circuit.
SEC. 1667. EXPERT TESTIMONY OF DOMESTIC VIOLENCE.
(a) FINDINGS.—The Congress finds that—
(1) State criminal courts often fail to admit ex-
pert testimony offered by a defendant concerning the
nature and effect of physical, sexual, and mental
abuse to assist the trier of fact in assessing the be-
havior, beliefs, or perceptions of such defendant in
a domestic relationship in which abuse has occurred;
(2) the average juror often has little under-
standing of the nature and effect of domestic vio-
lence on such a defendant’s behavior, beliefs, or per-
ceptions, and the lack of understanding can result in
the juror blaming the woman for her victimization;
(3) the average juror is often unaware that vic-
tims of domestic violence are frequently in greater
danger of violence after they terminate or attempt to
terminate domestic relationships with their abuser;
(4) myths, misconceptions, and victim-blaming
attitudes are often held not only by the average lay
person but also by many in the criminal justice sys-
tem, insofar as the criminal justice system tradition-
ally has failed to protect women from violence at the
hands of men;
350
(5) specialized knowledge of the nature and ef-
fect of domestic violence is sufficiently established to
have gained the general acceptance which is required
for the admissibility of expert testimony;
(6) although both men and women can be vic-
tims of physical, sexual, and mental abuse by their
partners in domestic relationships, the most frequent
victims are women; and
(7) a woman is more likely to be assaulted and
injured, raped, or killed by her current or former
male partner than by any other type of assailant,
and over one-half of all women murdered are killed
by their current or former male partners.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that the executive branch, working through the
State Justice Institute, should examine programs which
would allow the States to consider—
(1) that expert testimony concerning the nature
and effect of domestic violence, including descrip-
tions of the experiences of battered women, be ad-
missible when offered in a State court by a defend-
ant in a criminal case to assist the trier of fact in
understanding the behavior, beliefs, or perceptions of
such defendant in a domestic relationship in which
abuse has occurred;
351
(2) that a witness be qualified to testify as an
expert witness based upon her or his knowledge,
skill, experience, training, or education, and be per-
mitted to testify in the form of an opinion or other-
wise; and
(3) that expert testimony about a domestic rela-
tionship be admissible to include testimony of rela-
tionships between spouses, former spouses, cohabi-
tants, former cohabitants, partners or former part-
ners, and between persons who are in, or have been
in, a dating, courtship, or intimate relationship.
TITLE XVII—HATE CRIMES
SENTENCING ENHANCEMENT
SEC. 1701. DIRECTION TO COMMISSION.
(a) IN GENERAL.—Pursuant to section 994 of title
28, United States Code, the United States Sentencing
Commission shall promulgate guidelines or amend existing
guidelines to provide sentencing enhancements of not less
than 3 offense levels for offenses that the finder of fact
at trial determines beyond a reasonable doubt are hate
crimes. In carrying out this section, the United States
Sentencing Commission shall assure reasonable consist-
ency with other guidelines, avoid duplicative punishments
for substantially the same offense, and take into account
352
any mitigating circumstances which might justify excep-
tions.
(b) DEFINITION.—As used in this section, the term
‘‘hate crime’’ is a crime in which the defendant inten-
tionally selects a victim, or in the case of a property crime,
the property which is the object of the crime, because of
the actual or perceived race, color, religion, national ori-
gin, ethnicity, gender, or sexual orientation of any person.
TITLE XVIII—USE OF FORMULA
GRANTS TO PROSECUTE PER-
SONS DRIVING WHILE INTOXI-
CATED
SEC. 1801. GRANT PROGRAM DESCRIPTION.
Section 501(b) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 is amended—
(1) by striking the period at the end of para-
graph (21) and adding ‘‘; and’’; and
(2) by adding at the end the following:
‘‘(22) programs for the prosecution of driving
while intoxicated and the enforcement of other laws
relating to alcohol use and the operation of motor
vehicles.’’.
353
TITLE XIX—YOUTH HANDGUN
SAFETY
SEC. 1901. FINDINGS AND DECLARATIONS.
The Congress finds and declares that—
(1) Crime, particularly crime involving drugs
and guns, is a pervasive, nationwide problem.
(2) Problems with crime at the local level are
exacerbated by the interstate movement of drugs,
funds, and criminal gangs.
(3) Firearms and ammunition, and handguns in
particular, move easily in interstate commerce, as
documented in numerous hearings in both the Judi-
ciary Committee of the House of Representatives
and Judiciary Committee of the Senate.
(4) In fact, even before the sale of a handgun,
the gun, its component parts, ammunition, and the
raw materials from which they are made have con-
siderably moved in interstate commerce.
(5) While criminals freely move from State to
State, ordinary citizens may fear to travel to or
through certain parts of the country due to the con-
cern that violent crime is not under control, and for-
eigners may decline to travel in the United States
for the same reason.
354
(6) Just as the hardened drug kingpins begin
their life in the illicit drug culture by exposure to
drugs at a young age, violent criminals often start
their criminal careers on streets where the ready
availability of guns to young people results in the ac-
ceptability of their random use.
(7) Violent crime and the use of illicit drugs go
hand-in-hand, and attempts to control one without
controlling the other may be fruitless.
(8) Individual States and localities find it im-
possible to handle the problem by themselves; even
States and localities that have made a strong effort
to prevent, detect, and punish crime find their effort
unavailing due in part to the failure or inability of
other States and localities to take strong measures.
(9) Inasmuch as illicit drug activity and related
violent crime overflow State lines and national
boundaries, the Congress has power, under the inter-
state commerce clause and other provisions of the
Constitution, to enact measures to combat these
problems.
(10) The Congress finds that it is necessary
and appropriate to assist the States in controlling
crime by stopping the commerce in handguns with
juveniles nationwide, and allowing the possession of
355
handguns by juveniles only when handguns are pos-
sessed and used for legitimate purposes under ap-
propriate conditions.
SEC. 1902. PROHIBITION OF THE POSSESSION OF A HAND-
GUN OR AMMUNITION BY, OR THE PRIVATE
TRANSFER OF A HANDGUN OR AMMUNITION
TO, A JUVENILE.
(a) OFFENSE.—Section 922 of title 18, United States
Code, as amended by section 706(a) of this Act, is
amended by adding at the end the following:
‘‘(w)(1) It shall be unlawful for a person to sell, de-
liver, or otherwise transfer to a juvenile, or to a person
who the transferor knows or has reasonable cause to be-
lieve is a juvenile—
‘‘(A) a handgun; or
‘‘(B) ammunition that is suitable for use only
in a handgun.
‘‘(2) It shall be unlawful for any person who is a juve-
nile to knowingly possess—
‘‘(A) a handgun; or
‘‘(B) ammunition that is suitable for use
only in a handgun.
‘‘(3) This subsection does not apply—
‘‘(A) to a temporary transfer of a handgun or
ammunition to a juvenile, or to the possession or use
356
of a handgun or ammunition by a juvenile, if the
handgun and ammunition are possessed and used by
the juvenile—
‘‘(i) in the course of employment, in the
course of ranching or farming related to activi-
ties at the residence of the juvenile (or on prop-
erty used for ranching or farming at which the
juvenile, with the permission of the property
owner or lessee, is performing activities related
to the operation of the farm or ranch), target
practice, hunting, or a course of instruction in
the safe and lawful use of a handgun;
‘‘(ii) with the prior written consent of the
juvenile’s parent or guardian who is not prohib-
ited by Federal, State, or local law from pos-
sessing a firearm;
‘‘(iii) with the prior written consent in the
juvenile’s possession at all times when a hand-
gun is in the possession of the juvenile; and
‘‘(iv) in accordance with State and local
law;
‘‘(B) during transportation by the juvenile of an
unloaded handgun in a locked container directly
from the place of transfer to a place at which an ac-
tivity described in subparagraph (A)(i) is to take
357
place, and transportation by the juvenile of that
handgun, unloaded and in a locked container, di-
rectly from the place at which such an activity took
place to the transferor;
‘‘(C) to a juvenile who is a member of the
Armed Forces of the United States or the National
Guard who possesses or is armed with a handgun in
the line of duty;
‘‘(D) to a transfer by inheritance of title (but
not possession) of a handgun or ammunition to a
juvenile; or
‘‘(E) to the possession of a handgun or ammu-
nition by a juvenile taken in defense of the juvenile
or other persons against an intruder into the resi-
dence of the juvenile or a residence in which the ju-
venile is an invited guest.
‘‘(4) A handgun or ammunition, the possession of
which is transferred to a juvenile in circumstances in
which the transferor is not in violation of this subsection
shall not be subject to permanent confiscation by the Gov-
ernment if its possession by the juvenile subsequently be-
comes unlawful because of the conduct of the juvenile, but
shall be returned to the lawful owner when such handgun
or ammunition is no longer required by the Government
for the purposes of investigation or prosecution.
358
‘‘(5) For purposes of this subsection, the term ‘juve-
nile’ means a person who is less than 18 years of age.
‘‘(6)(A) In a prosecution of a violation of this sub-
section, the court shall require the presence of a juvenile
defendant’s parent or legal guardian at all proceedings.
‘‘(B) The court may use the contempt power to en-
force subparagraph (A).
‘‘(C) The court may excuse attendance of a parent
or legal guardian of a juvenile defendant at a proceeding
in a prosecution of a violation of this subsection for good
cause shown.’’.
(b) PENALTIES.—Section 924(a) of title 18, United
States Code, as amended by section 706(b) of this Act,
is amended by adding at the end the following:
‘‘(7)(A)(i) A juvenile who violates section 922(w)
shall be fined under this title, imprisoned not more than
1 year, or both, except that a juvenile described in clause
(ii) shall be sentenced to probation on appropriate condi-
tions and shall not be incarcerated unless the juvenile fails
to comply with a condition of probation.
‘‘(ii) A juvenile is described in this clause if—
‘‘(I) the offense of which the juvenile is charged
is possession of a handgun or ammunition in viola-
tion of section 922(w)(2); and
359
‘‘(II) the juvenile has not been convicted in any
court of an offense (including an offense under sec-
tion 922(w) or a similar State law, but not including
any other offense consisting of conduct that if en-
gaged in by an adult would not constitute an of-
fense) or adjudicated as a juvenile delinquent for
conduct that if engaged in by an adult would con-
stitute an offense.
‘‘(B) A person other than a juvenile who knowingly
violates section 922(w)—
‘‘(i) shall be fined under this title, imprisoned
not more than 1 year, or both; and
‘‘(ii) if the person sold, delivered, or otherwise
transferred a handgun or ammunition to a juvenile
knowing or having reasonable cause to know that
the juvenile intended to carry or otherwise possess
or discharge or otherwise use the handgun or ammu-
nition in the commission of a crime of violence, shall
be fined under this title, imprisoned not more than
10 years, or both.’’.
(d) TECHNICAL AMENDMENT OF JUVENILE DELIN-
QUENCY PROVISIONS
IN TITLE 18, UNITED STATES
CODE.—
(1) SECTION 5031.—Section 5031 of title 18,
United States Code, is amended by inserting ‘‘or a
360
violation by such person of section 922(w)’’ before
the period at the end.
(2) SECTION 5032.—Section 5032 of title 18,
United States Code, is amended—
(A) in the first undesignated paragraph by
inserting ‘‘or (w)’’ after ‘‘922(p)’’; and
(B) in the fourth undesignated paragraph
by inserting ‘‘or section 922(w) of this title,’’
before ‘‘criminal prosecution on the basis’’.
(e) TECHNICAL AMENDMENT
OF
THE JUVENILE
JUSTICE
AND
DELINQUENCY
PREVENTION
ACT
OF
1974.—Section 223(a)(12)(A) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C.
5633(a)(12)(A)) is amended by striking ‘‘which do not
constitute violations of valid court orders’’ and inserting
‘‘(other than an offense that constitutes a violation of a
valid court order or a violation of section 922(w) of title
18, United States Code, or a similar State law)’’.
(f) MODEL LAW.—The Attorney General, acting
through the Director of the National Institute for Juvenile
Justice and Delinquency Prevention, shall—
(1) evaluate existing and proposed juvenile
handgun legislation in each State;
(2) develop model juvenile handgun legislation
that is constitutional and enforceable;
361
(3) prepare and disseminate to State authorities
the findings made as the result of the evaluation;
and
(4) report to Congress by December 31, 1994,
findings and recommendations concerning the need
or appropriateness of further action by the Federal
Government.
TITLE 
XX—SUBSTANCE 
ABUSE
TREATMENT 
IN 
FEDERAL
PRISONS
SEC. 2001. 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 sub-
section:
‘‘(e) SUBSTANCE ABUSE TREATMENT.—
‘‘(1) PHASE-IN.—In order to carry out the re-
quirement 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
362
of Prisons shall provide substance abuse treat-
ment—
‘‘(A) for not less than 50 percent of eligi-
ble prisoners by the end of fiscal year 1995,
with priority for such treatment accorded based
on an eligible prisoner’s proximity to release
date;
‘‘(B) for not less than 75 percent of eligi-
ble prisoners by the end of fiscal year 1996,
with priority for such treatment 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 eligi-
ble prisoner’s proximity to release date.
‘‘(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 treatment pro-
vide under paragraph (1) of this subsection,
shall remain in the custody of the Bureau for
such time (as limited by subparagraph (B) of
363
this paragraph) and under such conditions, as
the Bureau deems appropriate. If the conditions
of confinement are different from those the
prisoner would have experienced absent the suc-
cessful completion of the treatment, the Bureau
shall periodically test the prisoner for substance
abuse and discontinue such conditions on deter-
mining that substance abuse has recurred.
‘‘(B) PERIOD
OF
CUSTODY.—The period
the prisoner remains in custody after success-
fully completing a treatment program shall not
exceed the prison term the law would otherwise
require such prisoner to serve, but may not be
less than such term minus one year.
‘‘(3) REPORT.—The Bureau of Prisons shall
transmit to the Committees on the Judiciary of the
Senate and the House of Representatives on Janu-
ary 1, 1995, and on January 1 of each year there-
after, 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 programs is determined, with complete
364
information on what proportion of prisoners
with substance abuse problems are eligible, and
‘‘(C) a complete statement of to what ex-
tent the Bureau has achieved compliance with
the requirements of this title.
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated in each fis-
cal year such sums as may be necessary to carry out
this subsection.
‘‘(5) DEFINITIONS.—As used in this sub-
section—
‘‘(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
forth from the general prison population—
‘‘(i) directed at the substance abuse
problems of the prisoner; and
‘‘(ii) intended to develop the pris-
oner’s cognitive, behavorial, social, voca-
tional, and other skills so as to solve the
prisoner’s substance abuse and related
problems; and
‘‘(B) the term ‘eligible prisoner’ means a
prisoner who is—
365
‘‘(i) determined by the Bureau of
Prisons to have a substance abuse prob-
lem; and
‘‘(ii) willing to participate in a resi-
dential substance abuse treatment pro-
gram.’’.
TITLE XXI—ALTERNATIVE PUN-
ISHMENTS FOR YOUNG OF-
FENDERS
SEC. 2101. CERTAINTY OF PUNISHMENT FOR YOUNG OF-
FENDERS.
(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 Q as part U;
(2) by redesignating section 1701 as section
2101; and
(3) by inserting after part P the following:
‘‘PART Q—ALTERNATIVE PUNISHMENTS FOR
YOUNG OFFENDERS
‘‘SEC. 1701. GRANT AUTHORIZATION.
‘‘(a) IN GENERAL.—The Director of the Bureau of
Justice Assistance (referred to in this part as the ‘Direc-
tor’) may make grants under this part to States, for the
use by States and units of local government in the States,
366
for the purpose of developing alternative methods of pun-
ishment for young offenders to traditional forms of incar-
ceration and probation.
‘‘(b) ALTERNATIVE
METHODS.—The alternative
methods of punishment referred to in subsection (a)
should ensure certainty of punishment for young offenders
and promote reduced recidivism, crime prevention, and as-
sistance to victims, particularly for young offenders who
can be punished more effectively in an environment other
than a traditional correctional facility, including—
‘‘(1) alternative sanctions that create account-
ability and certainty of punishment for young of-
fenders;
‘‘(2) boot camp prison programs that include
education and job training activities such as pro-
grams modeled, to the extent practicable, after ac-
tivities carried out under part B of title IV of the
Job Training Partnership Act (relating to Job
Corps) (29 U.S.C. 1691 et seq.);
‘‘(3) technical training and support for the im-
plementation and maintenance of State and local
restitution programs for young offenders;
‘‘(4) innovative projects, such as projects con-
sisting of education and job training activities for in-
carcerated young offenders, modeled, to the extent
367
practicable, after activities carried out under part B
of title IV of the Job Training Partnership Act (re-
lating to Job Corps) (29 U.S.C. 1691 et seq.);
‘‘(5) correctional options, such as community-
based incarceration, weekend incarceration, and elec-
tronic monitoring of offenders;
‘‘(6) community service programs that provide
work service placement for young offenders at non-
profit, private organizations and community organi-
zations;
‘‘(7) demonstration restitution projects that are
evaluated for effectiveness;
‘‘(8) innovative methods that address the prob-
lems of young offenders convicted of serious sub-
stance abuse (including alcohol abuse, and gang-re-
lated offenses), including technical assistance and
training to counsel and treat such offenders; and
‘‘(9) the provision for adequate and appropriate
after care programs for the young offenders, such as
substance abuse treatment, education programs, vo-
cational training, job placement counseling, and
other support programs upon release.
‘‘SEC. 1702. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—(1) To request a grant under
this part, the chief executive of a State shall submit an
368
application to the Director in such form and containing
such information as the Director 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.
‘‘(b) STATE OFFICE.—The office designated under
section 507 of this title—
‘‘(1) shall prepare the application as required
under subsection (a); and
‘‘(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. 1703. REVIEW OF STATE APPLICATIONS.
‘‘(a) IN GENERAL.—The Director, in consultation
with the Director of the National Institute of Corrections,
shall make a grant under section 1701(a) to carry out the
projects described in the application submitted by such ap-
plicant under section 1702 upon determining that—
‘‘(1) the application is consistent with the re-
quirements of this part; and
‘‘(2) before the approval of the application, the
Director has made an affirmative finding in writing
369
that the proposed project has been reviewed in ac-
cordance with this part.
‘‘(b) APPROVAL.—Each application submitted under
section 1702 shall be considered approved, in whole or in
part, by the Director not later than 45 days after first
received unless the Director informs the applicant of spe-
cific reasons for disapproval.
‘‘(c) RESTRICTION.—Grant funds received under this
part shall not be used for land acquisition or construction
projects, other than alternative facilities described in sec-
tion 1701(b).
‘‘(d) DISAPPROVAL
NOTICE
AND
RECONSIDER-
ATION.—The Director shall not disapprove any application
without first affording the applicant reasonable notice and
an opportunity for reconsideration.
‘‘SEC. 1704. 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 1701(b).
‘‘(2) Such application shall be considered approved,
in whole or in part, by the State not later than 45 days
after such application is first received unless the State in-
forms the applicant in writing of specific reasons for dis-
approval.
370
‘‘(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 1701
in a fiscal year shall make such funds available to units
of local government with an application that has been sub-
mitted and approved by the State within 45 days after
the Director 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 45-day re-
quirement in this section upon a finding that the State
is unable to satisfy such requirement under State statutes.
‘‘SEC. 1705. 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
371
funds described in this paragraph as the number of
young offenders of such State bears to the number
of young offenders 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 for the purposes
specified under section 1701 that portion of such funds
which bears the same ratio to the aggregate amount of
such funds as the amount of funds expended by all units
of local government for correctional programs in the pre-
ceding fiscal year bears to the aggregate amount of funds
expended by the State and all units of local government
in such State for correctional programs 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 under sec-
tion 1701.
‘‘(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 1701, the Director shall award
such funds to units of local government in such State giv-
372
ing priority to the units of local government that the Di-
rector considers to have the greatest need.
‘‘(c) GENERAL
REQUIREMENT.—Notwithstanding
the provisions of subsections (a) and (b), not less than
two-thirds of funds received by a State under this part
shall be distributed to units of local government unless the
State applies for and receives a waiver from the Director
of the Bureau of Justice Assistance.
‘‘(d) 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 1702(a) for the fiscal year
for which the projects receive assistance under this part.
‘‘(e) CONSIDERATION.—Notwithstanding subsections
(a) and (b), in awarding grants under this part, the Direc-
tor shall consider as an important factor whether a State
has in effect throughout such State a law or policy
which—
‘‘(1) requires that a juvenile who is in posses-
sion of a firearm or other weapon on school property
or convicted of a crime involving the use of a firearm
or weapon on school property—
‘‘(A) be suspended from school for a rea-
sonable period of time; and
373
‘‘(B) lose driving license privileges for a
reasonable period of time;
‘‘(2) bans firearms and other weapons in a 100-
yard radius of school property, but the State may
allow exceptions for school-sponsored activities, as
well as other reasonable exceptions.
‘‘(f) DEFINITION.—For purposes of this part, ‘juve-
nile’ means 18 years of age or younger.
‘‘SEC. 1706. EVALUATION.
‘‘(a) IN GENERAL.—(1) Each State and local unit of
government that receives a grant under this part shall
submit to the Director an evaluation not later than March
1 of each year in accordance with guidelines issued by the
Director and in consultation with the National Institute
of Justice.
‘‘(2) The Director may waive the requirement speci-
fied in paragraph (1) if the Director determines that such
evaluation is not warranted in the case of the State or
unit of local government involved.
‘‘(b) DISTRIBUTION.—The Director shall make avail-
able to the public on a timely basis evaluations received
under subsection (a).
‘‘(c) ADMINISTRATIVE COSTS.—A State and local
unit of government may use not more than 5 percent of
374
funds it receives under this part to develop an evaluation
program under this section.’’.
(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 Q and inserting
the following:
‘‘PART Q—ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS
‘‘Sec. 1701. Grant authorization.
‘‘Sec. 1702. State applications.
‘‘Sec. 1703. Review of State applications.
‘‘Sec. 1704. Local applications.
‘‘Sec. 1705. Allocation and distribution of funds.
‘‘Sec. 1706. Evaluation.
‘‘PART U—TRANSITION—EFFECTIVE DATE—REPEALER
‘‘Sec. 2101. Continuation of rules, authorities, and proceedings.’’.
(c) DEFINITION.—Section 901(a) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3791(a)), is amended by adding after paragraph (23) the
following:
‘‘(24) The term ‘young offender’ means an indi-
vidual, convicted of a crime, 22 years of age or
younger—
‘‘(A) who has not been convicted of—
‘‘(i) a crime of sexual assault; or
‘‘(ii) a crime involving the use of a
firearm in the commission of the crime;
and
375
‘‘(B) who has no prior convictions for a
crime of violence (as defined by section 16 of
title 18, United States Code) punishable by a
period of 1 or more years of imprisonment.’’.
SEC. 2102. AUTHORIZATION OF APPROPRIATION.
Section 1001(a) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3793) is
amended by adding after paragraph (10) the following:
‘‘(11) There are authorized to be appropriated
$200,000,000 for each of the fiscal years 1994, 1995, and
1996 to carry out the projects under part Q.’’.
SEC. 2103. SENSE OF THE CONGRESS.
It is the sense of the Congress that States should im-
pose mandatory sentences for crimes involving the use of
a firearm or other weapon on school property or within
a 100-yard radius of school property.
TITLE 
XXII—JUVENILE 
DRUG
TRAFFICKING 
AND 
GANG
PREVENTION GRANTS
SEC. 2201. JUVENILE DRUG TRAFFICKING AND GANG PRE-
VENTION GRANTS.
(a) The Omnibus Crime Control and Safe Streets Act
of 1968, is amended by inserting after part Q (as added
by section 2101(a)) the following new part: