I
103D CONGRESS
2D SESSION
H. R. 2872
To prevent and punish crime, to strengthen the rights of crime victims,
to assist State and local efforts against crime, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 4, 1993
Mr. MCCOLLUM (for himself, Mr. MICHEL, Mr. GINGRICH, Mr. ARMEY, Mr.
HYDE, Mr. HUNTER, Mr. DELAY, Mr. FISH, Mr. CANADY, Mr. GEKAS,
Ms. PRYCE of Ohio, Mr. RAMSTAD, Mr. ROGERS, Mr. SHAW, Mr. SMITH
of Texas, Mr. BAKER of California, Mr. BLILEY, Mr. BUNNING, Mr.
BUYER, Mr. CAMP, Mr. CASTLE, Mr. COBLE, Mr. COX, Mr. DOOLITTLE,
Mr. EWING, Mrs. FOWLER, Mr. GOSS, Mr. GRAMS, Mr. GREENWOOD,
Mr. HORN, Mr. KIM, Mr. KOLBE, Mr. KYL, Mr. LEWIS of Florida, Mr.
LINDER, Mr. MCDADE, Mr. MCKEON, Mr. MICA, Ms. MOLINARI, Mr.
MOORHEAD, Mr. OXLEY, Mr. SOLOMON, Mr. SMITH of Michigan, Mr.
TORKILDSEN, Mrs. VUCANOVICH, Mr. WALKER, Mr. WELDON, Mr.
ZELIFF, Mr. ZIMMER, Mr. LAZIO, Mr. MCHUGH, Mr. BALLENGER, and
Mr. GALLEGLY) introduced the following bill; which was referred to the
Committee on the Judiciary
MARCH 22, 1994
Additional sponsors: Mr. CRANE, Mr. DORNAN, Mr. SCHIFF, Mr. FIELDS of
Texas, Mr. MACHTLEY, Mr. WALSH, Mr. DICKEY, Mr. TALENT, Mr.
ROTH, Mr. ARCHER, Mr. QUINN, Mr. TAYLOR of North Carolina, Mr.
HOBSON, Mr. POMBO, Mr. BARTLETT of Maryland, Mr. SANTORUM, Mr.
EMERSON, Mr. MILLER of Florida, Mr. LEVY, Mr. BEREUTER, Mr.
ROHRABACHER, Mr. PAXON, Mr. HOUGHTON, Mr. BOEHNER, Mr. THOM-
AS of Wyoming, Mr. BACHUS of Alabama, Mr. SAXTON, Mr. DREIER, Mr.
BATEMAN, Mr. PORTMAN, Ms. DUNN, Mr. HERGER, Mr. PACKARD, Mr.
COLLINS of Georgia, Mr. INHOFE, Mr. KASICH, Mr. SCHAEFER, Mr.
GOODLATTE, Mr. LEWIS of California, Mr. PETRI, Mr. EVERETT, Mr.
ROYCE, and Mr. FAWELL
Deleted sponsor: Mr. PORTER (added September 30, 1993; deleted October 7,
1993)
A BILL
To prevent and punish crime, to strengthen the rights of
crime victims, to assist State and local efforts against
crime, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Crime Control Act of 1993’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
TITLE I—PROTECTION OF NEIGHBORHOODS, FAMILIES, AND
CHILDREN
Subtitle A—Safe Schools
Sec. 101. Increased penalties for drug trafficking near schools.
Sec. 102. Federal safe school districts.
Sec. 103. Enhanced penalty for violation of the Gun-Free School Zones Act.
Subtitle B—Secure Neighborhoods
Sec. 111. Enhanced local law enforcement.
Sec. 112. Authorization of appropriations.
Sec. 113. Community policing grants.
Sec. 114. Criminal street gangs offenses.
Sec. 115. Drive-by shootings.
Sec. 116. Addition of anti-gang Byrne grant funding objective.
Sec. 117. Increased penalties for drug trafficking near public housing.
Subtitle C—Crimes Against Children
Sec. 131. Death penalty for murder during the sexual exploitation of children.
Sec. 132. Increased penalties for sex offenses against victims below the age of
16.
Sec. 133. Penalties for international trafficking in child pornography.
Sec. 134. State legislation regarding child pornography.
Sec. 135. National registration of convicted child abusers.
Sec. 136. Increased penalties for assaults against children.
Sec. 137. Offense of inducing minors or other persons to use steroids.
Sec. 138. Increased penalties for drug distribution to pregnant women.
Sec. 139. Interstate enforcement of child support orders.
Sec. 140. Crimes involving the use of minors as RICO predicates.
Sec. 141. Increased penalties for using minors in drug trafficking and drug dis-
tribution to minors.
Sec. 142. Increased penalties for using a minor in commission of a Federal
offense.
Sec. 143. International parental kidnapping.
Sec. 144. State court programs regarding international parental child abduc-
tion.
Subtitle D—Punishment of Serious Juvenile Offenders
Sec. 151. Serious juvenile drug offenses as armed career criminal act predi-
cates.
Sec. 152. Adult prosecution of serious juvenile offenders.
Sec. 153. Amendments concerning records of crimes committed by juveniles.
TITLE II—EQUAL PROTECTION FOR VICTIMS
Subtitle A—Victims’ Rights
Sec. 201. Right of the victim to fair treatment in legal proceedings.
Sec. 202. Right of the victim to an impartial jury.
Sec. 203. Victim’s right of allocution in sentencing.
Sec. 204. Enforcement of restitution orders through suspension of Federal
benefits.
Sec. 205. Prohibition of retaliatory killings of witnesses, victims and inform-
ants.
Subtitle B—Admissibility of Evidence
Sec. 211. Admissibility of evidence of similar crimes in sex offense cases.
Sec. 212. Extension and strengthening of rape victim shield law.
Sec. 213. Inadmissibility of evidence to show provocation or invitation by victim
in sex offense cases.
Sec. 214. Admissibility of certain evidence.
Subtitle C—Protecting the Integrity of the Judicial Process
Sec. 221. General safeguards against racial prejudice or bias in the tribunal.
Sec. 222. Protection of jurors and witnesses in capital cases.
Sec. 223. Protection of court officers and jurors.
Sec. 224. Death penalty for murder of Federal witnesses.
TITLE III—PROTECTION OF WOMEN
Subtitle A—Spouse Abuse and Stalking
Sec. 301. Interstate travel to commit spouse abuse or to violate protective
order; interstate stalking.
Sec. 302. Full faith and credit for protective orders.
Subtitle B—Victims of Sexual Violence
Sec. 311. Civil remedy for victims of sexual violence.
Sec. 312. Extension and strengthening of restitution.
Sec. 313. Pre-trial detention in sex offense cases.
Subtitle C—Punishment of Sex Offenders
Sec. 321. Death penalty for rape and child molestation murders.
Sec. 322. Increased penalties for recidivist sex offenders.
Sec. 323. Sentencing guidelines increase for sex offenses.
Sec. 324. HIV testing and penalty enhancement in sexual offense cases.
TITLE IV—PREVENTION OF TERRORISM
Subtitle A—Enhanced Controls on Entry into the United States
Sec. 401. Exclusion based on membership in terrorist organization advocacy of
terrorism.
Sec. 402. Admissions fraud.
Sec. 403. Inspection and exclusion by immigration officers.
Sec. 404. Judicial review.
Sec. 405. Conforming amendments.
Sec. 406. Effective date.
Subtitle B—Deportation of Alien Terrorists
Sec. 411. Removal of alien terrorists.
Subtitle C—Penalties for Engaging in Terrorism
Sec. 421. Providing material support to terrorism.
Sec. 422. Sentencing guidelines increase for terrorist crimes.
Sec. 423. Extension of the statute of limitations for certain terrorism offenses.
Sec. 424. Enhanced penalties for certain offenses.
Sec. 425. Implementation of the 1988 Protocol for the Suppression of Unlawful
Acts of Violence at Airports Serving International Civil Avia-
tion.
Sec. 426. Amendment to Federal Aviation Act.
Sec. 427. Offenses of violence against maritime navigation or fixed platforms.
Sec. 428. Weapons of mass destruction.
Sec. 429. National task force on counterterrorism.
Sec. 430. Death penalty for death caused by the use of a bomb or other de-
structive device.
TITLE V—CRIMINAL ALIENS AND ALIEN SMUGGLING
Subtitle A—Deportation of Criminal Aliens
Sec. 501. Expediting criminal alien deportation and exclusion.
Sec. 502. Authorizing registration of aliens on criminal probation or criminal
parole.
Sec. 503. Expansion in definition of ‘‘aggravated felony’’.
Sec. 504. Deportation procedures for certain criminal aliens who are not per-
manent residents.
Sec. 505. Judicial deportation.
Sec. 506. Restricting defenses to deportation for certain criminal aliens.
Sec. 507. Enhancing penalties for failing to depart, or reentering, after final
order of deportation.
Sec. 508. Miscellaneous and technical changes.
Sec. 509. Authorization of appropriations for criminal alien information system.
Subtitle B—Prevention and Punishment of Alien Smuggling
Sec. 511. Border patrol agents.
Sec. 512. Border patrol investigators.
Sec. 513. Including alien smuggling as a racketeering activity for purposes of
racketeering influenced and corrupt organizations (RICO) en-
forcement authority.
Sec. 514. Enhanced penalties for employers who knowingly employ smuggled
aliens.
Sec. 515. Enhanced penalties for certain alien smuggling.
Sec. 516. Expanded forfeiture for smuggling or harboring illegal aliens.
TITLE VI—TAKING CRIMINALS OFF THE STREET
Subtitle A—Expanding Prison Capacity
Sec. 601. Use of private activity bonds.
Sec. 602. Federal-State partnerships for regional prisons.
Sec. 603. Non-applicability of Davis-Bacon to prison construction.
Subtitle B—Miscellaneous
Sec. 611. Restricted Federal court jurisdiction in imposing remedies on State
and Federal prison systems.
TITLE VII—PUNISHMENT AND DETERRENCE
Subtitle A—Capital Offenses
Sec. 701. Procedures for enforcing death penalty.
Sec. 702. Equal Justice Act.
Sec. 703. Prohibition of racially discriminatory policies concerning capital pun-
ishment or other penalties.
Sec. 704. Federal capital cases.
Sec. 705. Extension of protection of civil rights statutes.
Sec. 706. Federal death penalties.
Sec. 707. Conforming and technical amendments.
Subtitle B—Violent Felonies and Drug Offenses
Sec. 711. Drug testing of Federal offenders on post-conviction release.
Sec. 712. Life imprisonment or death penalty for third Federal violent felony
conviction.
Sec. 713. Strengthening the Armed Career Criminals Act.
Sec. 714. Enhanced penalty for use of semiautomatic firearm during a crime
of violence or drug trafficking offense.
Sec. 715. Mandatory penalties for firearms possession by violent felons and
serious drug offenders.
Sec. 716. Mandatory minimum sentence for unlawful possession of a firearm by
convicted felon, fugitive from justice, or transferor or receiver
of stolen firearm.
Sec. 717. Increase in general penalty for violation of Federal firearms laws.
Sec. 718. Increase in enhanced penalties for possession of firearm in connection
with crime of violence or drug trafficking crime.
Sec. 719. Smuggling firearms in aid of drug trafficking or violent crime.
Sec. 720. Definition of conviction under chapter 44.
Sec. 721. Definition of serious drug offense under the Armed Career Criminal
Act.
Sec. 722. Definition of burglary under the Armed Career Criminal Act.
Sec. 723. Temporary prohibition against possession of a firearm by, or transfer
of a firearm to, persons convicted of a drug crime.
Subtitle C—Enhanced Penalties for Criminal Use of Firearms and Explosives
Chapter 1—Instant Check System for Handgun Purchases
Sec. 731. Definitions.
Sec. 732. State instant criminal check systems for handgun purchases.
Sec. 733. Amendment of chapter 44 of title 18, United States Code.
Sec. 734. Establishment and operation of criminal history system.
Sec. 735. Operation of system for purpose of screening handgun purchasers.
Sec. 736. Improvement of criminal justice records.
Sec. 737. Access to State criminal records.
Sec. 738. Improvements in State records.
Sec. 739. Funding of State criminal records systems and dedication of funds.
Sec. 740. Authorization of appropriations.
Chapter 2—Other Firearms Provisions
Sec. 741. Increased penalty for interstate gun trafficking.
Sec. 742. Prohibition against transactions involving stolen firearms which have
moved in interstate or foreign commerce.
Sec. 743. Enhanced penalties for use of firearms in connection with counterfeit-
ing or forgery.
Sec. 744. Increased penalty for knowingly false, material Statement in firearm
purchase from licensed dealer.
Sec. 745. Revocation of supervised release for possession of a firearm in viola-
tion of release condition.
Sec. 746. Receipt of firearms by nonresident.
Sec. 747. Disposition of forfeited firearms.
Sec. 748. Conspiracy to violate Federal firearms or explosives laws.
Sec. 749. Theft of firearms or explosives from licensee.
Sec. 750. Penalties for theft of firearms or explosives.
Sec. 751. Prohibition against disposing of explosives to prohibited persons.
Sec. 752. Prohibition against theft of firearms or explosives.
Sec. 753. Increased penalty for second offense of using an explosive to commit
a felony.
Sec. 754. Possession of explosives by felons and others.
Sec. 755. Possession of explosives during the commission of a felony.
Sec. 756. Summary destruction of explosives subject to forfeiture.
Sec. 757. Elimination of outmoded parole language.
Subtitle D—Miscellaneous
Sec. 761. Increased penalties for travel act crimes involving violence and con-
spiracy to commit contract killings.
Sec. 762. Criminal offense for failing to obey an order to land a private air-
craft.
Sec. 763. Amendment to the Mansfield amendment to permit maritime law en-
forcement operations in archipelagic waters.
Sec. 764. Enhancement of penalties for drug trafficking in prisons.
Sec. 765. Removal of tv broadcast license contingent on broadcast of public
service announcements regarding drug abuse.
TITLE VIII—ELIMINATION OF DELAYS IN CARRYING OUT
SENTENCES.
Subtitle A—Post Conviction Petitions: General Habeas Corpus Reform.
Sec. 801. Period of limitation for filing writ of habeas corpus following final
judgment of a State court.
Sec. 802. Authority of appellate judges to issue certificates of probable cause
for appeal in habeas corpus and Federal collateral relief pro-
ceedings.
Sec. 803. Conforming amendment to the rules of appellate procedure.
Sec. 804. Discretion to deny habeas corpus application despite failure to ex-
haust State remedies.
Sec. 805. Period of limitation for Federal prisoners filing for collateral remedy.
Subtitle B—Special Procedures for Collateral Proceedings in Capital Cases.
Sec. 811. Death penalty litigation procedures.
Subtitle C—Funding for Litigation of Federal Habeas Corpus Petitions in
Capital Cases.
Sec. 821. Funding for death penalty prosecutions.
TITLE IX—PUBLIC CORRUPTION
Sec. 901. Offenses.
Sec. 902. Interstate commerce.
Sec. 903. Narcotics-related public corruption.
TITLE X—FUNDING
Sec. 1001. Reduction in overhead costs incurred in federally sponsored re-
search.
Sec. 1002. Overhead expense reduction.
TITLE 
I—PROTECTION 
OF
NEIGHBORHOODS, FAMILIES,
AND CHILDREN
Subtitle A—Safe Schools
SEC. 101. INCREASED PENALTIES FOR DRUG TRAFFICKING
NEAR SCHOOLS.
Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended—
(1) in subsection (a) by striking ‘‘one year’’ and
inserting ‘‘3 years’’; and
(2) in subsection (b) by striking ‘‘three years’’
each place it appears and inserting ‘‘5 years’’.
SEC. 102. FEDERAL SAFE SCHOOL DISTRICTS.
(a) ELECTION TO QUALIFY.—
(1) IN GENERAL.—By decision of a local edu-
cational agency or by referendum of the voters in a
school district served by a local educational agency,
a school district may elect to qualify as a Federal
safe school district under this section.
(2) DEFINITION.—For purposes of this section,
the term ‘‘local educational agency’’ shall have the
meaning given such term in section 1471(12) of the
Elementary and Secondary Education Act of 1965.
(b) FUNDING FOR ENHANCED SCHOOL SECURITY.—
(1) IN GENERAL.—The Attorney General may
make a grant to a local educational agency serving
a Federal safe school district or to a local law en-
forcement agency with jurisdiction over the school
district, as appropriate, to pay for enhanced school
security measures.
(2) ENHANCED
SCHOOL
SECURITY
MEAS-
URES.—The measures that may be funded by a
grant under paragraph (1) include—
(A) equipping schools with metal detectors,
fences, closed circuit cameras, and other phys-
ical security measures;
Subtitle B—Secure Neighborhoods
SEC. 111. ENHANCED LOCAL LAW ENFORCEMENT.
(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 R;
(2) by redesignating section 1701 as section
1801; and
(3) by inserting after part P the following:
‘‘PART Q—COPS ON THE STREET GRANTS
‘‘SEC. 1701. GRANT AUTHORIZATION.
‘‘The Director of the Bureau of Justice Assistance
may make not less than 50, but not more than 100 grants
to units of local government for the purposes of increasing
police presence in the community.
‘‘SEC. 1702. APPLICATION.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this part, a chief executive of a unit of local govern-
ment, shall submit an application to the Director. The ap-
plication shall contain the information required under sub-
section (b) and be in such form and contain such other
information as the Director may reasonably require.
‘‘(b) GENERAL CONTENTS.—Each application under
subsection (a) shall include a crime reduction plan which
includes—
‘‘(1) a request for funds available under this
part for the purposes described in section 1701;
‘‘(2) a description of the areas and populations
to be served by the grant and a description of the
crime problems within the areas targeted for assist-
ance;
‘‘(3) information required to be considered by
the Director under section 1704;
‘‘(4) 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;
‘‘(5) detailed accounts of expenditures for law
enforcement for the preceding 5-year period prior to
receiving a grant under this part;
‘‘(6) detailed accounts of local expenditures for
law enforcement during any prior years in which
grants were received under this part;
‘‘(7) a description of how a portion of the grant
would be used to ensure the safety of public and pri-
vate elementary and secondary schools; and
‘‘(8) an evaluation component, including per-
formance standards and quantifiable goals to be
used to determine project progress and the data to
be collected to measure progress toward meeting the
plan’s goals.
‘‘SEC. 1703. ADMINISTRATIVE COSTS; GRANT RENEWAL.
‘‘(a) ADMINISTRATIVE COST LIMITATION.—The Di-
rector shall use not more than 5 percent of the funds avail-
able under this part for the purposes of administration,
technical assistance, and evaluation.
‘‘(b) RENEWAL OF GRANTS.—A grant under this
part may be renewed, subject to the availability of funds,
if the Director determines that the funds made available
to the recipient during the previous year were used in a
manner required under the approved application and the
requirements of this part.
‘‘SEC. 1704. SELECTION OF RECIPIENTS.
‘‘In awarding grants to units of local government
under this part, the Director shall consider—
‘‘(1) the crime rate per capita in the unit of
local government for violent crime, including murder,
rape, robbery, assault with a weapon, and kidnap-
ping; and
‘‘(2) the rate of increase of violent crime in
such unit of local government over the most recent
3-year period for which statistics are available.
‘‘SEC. 1705. REPORTS.
‘‘(a) REPORT TO DIRECTOR.—Recipients who receive
funds under this part shall submit to the Director not
later than March 1 of each year a report that describes
progress achieved in carrying out the plan required under
section 1702(b).
‘‘(b) REPORT
TO CONGRESS.—The Director shall
submit to the Congress a report by October 1 of each year
that shall contain a detailed statement regarding grant
awards, activities of grant recipients, and an evaluation
of projects established under this part.
‘‘SEC. 1706. DEFINITION.
‘‘For the purposes of this part, the term ‘Director’
means the Director of the Bureau of Justice Assistance.’’
(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—COMMUNITY POLICING; COP ON THE BEAT GRANTS
‘‘Sec. 1701. Grant authorization.
‘‘Sec. 1702. Application.
‘‘Sec. 1703. Allocation of funds; limitation on grants.
‘‘Sec. 1704. Award of grants.
‘‘Sec. 1705. Reports.
‘‘Sec. 1706. Definitions.
‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.
SEC. 112. AUTHORIZATION OF APPROPRIATIONS.
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 at the end the following:
‘‘(12) There are authorized to be appropriated
$330,000,000 for each of the fiscal years 1994 through
1998 to carry out the projects under part Q.’’.
SEC. 113. COMMUNITY POLICING GRANTS.
(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 112(a), is amended—
(1) by redesignating part R as part S;
(2) by redesignating section 1801 as section
1901; and
(3) by inserting after part Q the following new
part:
‘‘PART R—COMMUNITY POLICING GRANTS
‘‘SEC. 1801. GRANT AUTHORIZATION.
‘‘(a) GRANT PROJECTS.—The Director of the Bureau
of Justice Assistance may make grants to units of local
government and to community groups to establish or ex-
pand cooperative efforts between police and a community
for the purposes of increasing police presence in the
community, including—
‘‘(1) developing innovative neighborhood-ori-
ented policing programs;
‘‘(2) providing new technologies to reduce the
amount of time officers spend processing cases in-
stead of patrolling the community;
‘‘(3) purchasing equipment to improve commu-
nications between officers and the community and to
improve the collection, analysis, and use of informa-
tion about crime-related community problems;
‘‘(4) developing policies that reorient police em-
phasis from reacting to crime to preventing crime;
‘‘(5) creating decentralized police substations
throughout the community to encourage interaction
and cooperation between the public and law enforce-
ment personnel on a local level;
‘‘(6) providing training and problem solving for
community crime problems;
‘‘(7) providing training in cultural differences
for law enforcement officials;
‘‘(8) developing community-based crime preven-
tion programs, such as safety programs for senior
citizens, community anticrime groups, and other
anticrime awareness programs;
‘‘(9) developing crime prevention programs in
communities that have experienced a recent increase
in gang-related violence; and
‘‘(10) developing projects following the model
under subsection (b).
‘‘(b) MODEL PROJECT.—The Director shall develop
a written model that informs community members regard-
ing—
‘‘(1) how to identify the existence of a drug or
gang house;
‘‘(2) what civil remedies, such as public nui-
sance violations and civil suits in small claims court,
are available; and
‘‘(3) what mediation techniques are available
between community members and individuals who
have established a drug or gang house in the com-
munity.
‘‘SEC. 1802. APPLICATION.
‘‘(a) IN GENERAL.—(1) To be eligible to receive a
grant under this part, a chief executive of a unit of local
government, a duly authorized representative of a com-
bination of local governments within a geographic region,
or a community group shall submit an application to the
Director in such form and containing such information as
the Director may reasonably require.
‘‘(2) In an application under paragraph (1), a single
office, or agency (public, private, or nonprofit) shall be
designated as responsible for the coordination, implemen-
tation, administration, accounting, and evaluation of serv-
ices described in the application.
‘‘(b) GENERAL CONTENTS.—Each application under
subsection (a) shall include—
‘‘(1) a request for funds available under this
part for the purposes described in section 1801;
‘‘(2) a description of the areas and populations
to be served by the grant; and
‘‘(3) assurances that Federal funds received
under this part shall be used to supplement, not
supplant, non-Federal funds that would otherwise be
available for activities funded under this part.
‘‘(c) COMPREHENSIVE PLAN.—Each application shall
include a comprehensive plan that contains—
‘‘(1) a description of the crime problems within
the areas targeted for assistance;
‘‘(2) a description of the projects to be devel-
oped;
‘‘(3) a description of the resources available in
the community to implement the plan together with
a description of the gaps in the plan that cannot be
filled with existing resources;
‘‘(4) an explanation of how the requested grant
shall be used to fill those gaps;
‘‘(5) a description of the system the applicant
shall establish to prevent and reduce crime problems;
and
‘‘(6) an evaluation component, including per-
formance standards and quantifiable goals the appli-
cant shall use to determine project progress, and the
data the applicant shall collect to measure progress
toward meeting project goals.
‘‘SEC. 1803. ALLOCATION OF FUNDS; LIMITATIONS ON
GRANTS.
‘‘(a) ALLOCATION.—The Director shall allocate not
less than 75 percent of the funds available under this part
to units of local government or combinations of such units
and not more than 20 percent of the funds available under
this part to community groups.
‘‘(b) ADMINISTRATIVE COST LIMITATION.—The Di-
rector shall use not more than 5 percent of the funds avail-
able under this part for the purposes of administration,
technical assistance, and evaluation.
‘‘(c) RENEWAL OF GRANTS.—A grant under this part
may be renewed, subject to the availability of funds, if the
Director determines that the funds made available to the
recipient during the previous year were used in a manner
required under the approved application and if the recipi-
ent can demonstrate significant progress toward achieving
the goals of the plan required under section 1802(c).
‘‘(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 1802 for the fiscal year for
which the projects receive assistance under this part.
‘‘SEC. 1804. AWARD OF GRANTS.
‘‘(a) SELECTION
OF RECIPIENTS.—The Director
shall consider the following factors in awarding grants to
units of local government or combinations of such units
under this part:
‘‘(1) NEED AND ABILITY.—Demonstrated need
and evidence of the ability to provide the services de-
scribed in the plan required under section 1802(c).
‘‘(2) COMMUNITY-WIDE
RESPONSE.—Evidence
of the ability to coordinate community-wide response
to crime.
‘‘(3) MAINTAIN
PROGRAM.—The ability to
maintain a program to control and prevent crime
after funding under this part is no longer available.
‘‘(b) GEOGRAPHIC
DISTRIBUTION.—The Director
shall attempt to achieve, to the extent practicable, an equi-
table geographic distribution of grant awards.
‘‘SEC. 1805. REPORTS.
‘‘(a) REPORT TO DIRECTOR.—Recipients who receive
funds under this part shall submit to the Director not
later than March 1 of each year a report that describes
progress achieved in carrying out the plan required under
section 1802(c).
‘‘(b) REPORT
TO CONGRESS.—The Director shall
submit to the Congress a report by October 1 of each year
containing—
‘‘(1) a detailed statement regarding grant
awards and activities of grant recipients; and
‘‘(2) an evaluation of projects established under
this part.
‘‘SEC. 1806. DEFINITIONS.
‘‘In this part—
‘‘ ‘community group’ means a community-based
nonprofit organization that has a primary purpose of
crime prevention.
‘‘ ‘Director’ means the Director of the Bureau
of Justice Assistance.’’.
(b) TECHNICAL AMENDMENT.—The table of contents
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.), as amended by sec-
tion 112(b), is amended by striking the matter relating
to part R and inserting the following:
‘‘PART R—COMMUNITY POLICING GRANTS
‘‘Sec. 1801. Grant authorization.
‘‘Sec. 1802. Application.
‘‘Sec. 1803. Allocation of funds; limitations on grants.
‘‘Sec. 1804. Award of grants.
‘‘Sec. 1805. Reports.
‘‘Sec. 1806. Definitions.
‘‘PART S—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 1901. Continuation of rules, authorities, and proceedings.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)), as amended by
section 112(c), is amended—
(1) in paragraph (3) by striking ‘‘and Q’’ and
inserting ‘‘Q and R’’; and
(2) by adding at the end the following new
paragraph:
‘‘(13) There are authorized to be appropriated
$70,000,000 for each of the fiscal years 1994 through
1998.’’.
SEC. 114. CRIMINAL STREET GANGS OFFENSES.
(a) OFFENSE.—Title 18, United States Code, is
amended by inserting after chapter 93 the following:
‘‘CHAPTER 94—PROHIBITED PARTICIPATION IN
CRIMINAL STREET GANGS AND GANG CRIME
‘‘Sec.
‘‘1930. Prohibited activity.
‘‘1931. Penalties.
‘‘1932. Investigative authority.
‘‘§ 1930. Prohibited activity
‘‘(a) DEFINITIONS.—As used in this chapter—
208(e)(2), shall be specially excluded and deported
from the United States without further hearing.
‘‘(3)(A) Except as provided in subparagraph
(B), if the examining immigration officer determines
that an alien seeking entry is not clearly and beyond
a doubt entitled to enter, the alien shall be detained
for a hearing before an immigration judge.
‘‘(B) The provisions of subparagraph (A) shall
not apply—
‘‘(i) to an alien crewman,
‘‘(ii) to an alien described in paragraph
(2)(A) or (2)(C), or
‘‘(iii) if the conditions described in section
273(d) exist.
‘‘(4) The decision of the examining immigration
officer, if favorable to the admission of any alien,
shall be subject to challenge by any other immigra-
tion officer and such challenge shall operate to take
the alien, whose privilege to enter is so challenged,
before an immigration judge for a hearing on exclu-
sion of the alien.
‘‘(5) The Attorney General shall establish pro-
cedures that ensure that aliens are not specially ex-
cluded under paragraph (2)(A) without an inquiry