103D CONGRESS
2D SESSION
H. R. 3355
AMENDMENTS
TO
SENATE AMENDMENT
In the House of Representatives, U. S.,
April 21, 1994.
Resolved, That the House agree to the amendment of
the Senate to the bill (H.R. 3355) entitled ‘‘An Act to amend
the Omnibus Crime Control and Safe Streets Act of 1968 to
allow grants to increase police presence, to expand and im-
prove cooperative efforts between law enforcement agencies
and members of the community to address crime and dis-
order problems, and otherwise to enhance public safety’’, with
the following
AMENDMENTS:
In lieu of the matter inserted by said amendment, in-
sert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Violent Crime Control
and Law Enforcement Act of 1994’’.
SEC. 2. TABLE OF TITLES.
The following is the table of titles for this Act:
TITLE I—VICTIMS OF CRIME
TITLE II—APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN
CERTAIN CASES
TITLE III—ASSAULTS AGAINST CHILDREN
TITLE IV—CONSUMER PROTECTION
TITLE V—MANDATORY LIFE IMPRISONMENT FOR PERSONS
CONVICTED OF CERTAIN FELONIES
TITLE VI—VIOLENT OFFENDER INCARCERATION
TITLE VII—DEATH PENALTY
TITLE VIII—TRUTH IN SENTENCING
TITLE IX—RACIALLY DISCRIMINATORY CAPITAL SENTENCING
TITLE X—CRIME PREVENTION AND COMMUNITY JUSTICE
TITLE XI—YOUTH VIOLENCE
TITLE XII—CHILD SEXUAL ABUSE PREVENTION ACT OF 1994
TITLE XIII—JACOB WETTERLING CRIMES AGAINST CHILDREN
REGISTRATION ACT
TITLE XIV—COMMUNITY POLICING
TITLE XV—DNA IDENTIFICATION
TITLE XVI—VIOLENCE AGAINST WOMEN
TITLE XVII—HATE CRIMES SENTENCING ENHANCEMENT
TITLE XVIII—USE OF FORMULA GRANTS TO PROSECUTE PERSONS
DRIVING WHILE INTOXICATED
TITLE XIX—YOUTH HANDGUN SAFETY
TITLE XX—SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS
TITLE XXI—ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS
TITLE XXII—JUVENILE DRUG TRAFFICKING AND GANG
PREVENTION GRANTS
TITLE XXIII—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR
STATE PRISONERS
TITLE XXIV—IMMIGRATION RELATED PROVISIONS AND CRIMINAL
ALIENS
TITLE XXV—RURAL CRIME
TITLE XXVI—COMMISSION ON CRIME AND VIOLENCE
TITLE XXVII—POLICE CORPS AND LAW ENFORCEMENT
SCHOLARSHIP ACT
TITLE XXVIII—NATIONAL STALKER AND DOMESTIC VIOLENCE
REDUCTION
TITLE XXIX—PROTECTING THE PRIVACY OF INFORMATION IN
STATE MOTOR VEHICLE RECORDS
TITLE XXX—MISCELLANEOUS
TITLE I—VICTIMS OF CRIME
Subtitle A—Victims of Crime
SEC. 101. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.
Rule 32 of the Federal Rules of Criminal Procedure
is amended by—
(1) striking ‘‘and’’ following the semicolon in
subdivision (a)(1)(B);
(2) striking the period at the end of subdivision
(a)(1)(C) and inserting in lieu thereof ‘‘; and’’;
(3) inserting after subdivision (a)(1)(C) the
following:
‘‘(D) if sentence is to be imposed for a crime
of violence or sexual abuse, address the victim
personally if the victim is present at the sentenc-
ing hearing and determine if the victim wishes
to make a statement and to present any informa-
tion in relation to the sentence.’’;
(4) in the second to last sentence of subdivision
(a)(1), striking ‘‘equivalent opportunity’’ and insert-
ing in lieu thereof ‘‘opportunity equivalent to that of
the defendant’s counsel’’;
(5) in the last sentence of subdivision (a)(1) in-
serting ‘‘the victim,’’ before ‘‘or the attorney for the
Government.’’; and
(6) adding at the end the following:
‘‘(f) DEFINITIONS.—For purposes of this rule—
‘‘(1) ‘victim’ means any individual against
whom an offense for which a sentence is to be imposed
has been committed, but the right of allocution under
subdivision (a)(1)(D) may be exercised instead by—
‘‘(A) a parent or legal guardian in case the
victim is below the age of eighteen years or in-
competent; or
‘‘(B) one or more family members or rel-
atives designated by the court in case the victim
is deceased or incapacitated;
if such person or persons are present at the sentencing
hearing, regardless of whether the victim is present;
and
‘‘(2) ‘crime of violence or sexual abuse’ means a
crime that involved the use or attempted or threatened
use of physical force against the person or property
of another, or a crime under chapter 109A of title 18,
United States Code.’’.
Subtitle B—Crime Victims’ Fund
SEC. 111. ALLOCATION OF FUNDS FOR COSTS AND GRANTS.
(a) GENERALLY.—Section 1402(d) of the Victims of
Crime Act of 1984 (42 U.S.C. 10601(d)) is amended by—
(1) striking paragraph (2) and inserting the
following:
‘‘(2) the next $10,000,000 deposited in the Fund
shall be available for grants under section 1404A.’’;
(2) striking paragraph (3) and inserting the
following:
‘‘(3) Of the remaining amount deposited in the
Fund in a particular fiscal year—
‘‘(A) 48 percent shall be available for grants
under section 1403;
‘‘(B) 48 percent shall be available for grants
under section 1404(a); and
‘‘(C) 4 percent shall be available for grants
under section 1404(c).’’;
(3) striking paragraph (4) and inserting the
following:
‘‘(4) The Director may retain any portion of the
Fund that was deposited during a fiscal year that is
in excess of 110 percent of the total amount deposited
in the Fund during the preceding fiscal year as a re-
serve for use in a year in which the Fund falls below
the amount available in the previous year. Such re-
serve may not exceed $20,000,000.’’; and
(4) striking paragraph (5).
(b) 
CONFORMING
CROSS
REFERENCE.—Section
1402(g)(1) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(g)(1)) is amended by striking ‘‘(d)(2)(D)’’ and in-
serting ‘‘(d)(2)’’.
(c) AMOUNTS
AWARDED
AND
UNSPENT.—Section
1402(e) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(e)) is amended to read as follows:
‘‘(e) AMOUNTS AWARDED AND UNSPENT.—Any sums
awarded as part of a grant under this chapter that remain
unspent at the end of a fiscal year in which such grant
is made may be expended for the purposes for which such
grant is made at any time during the next succeeding 2
fiscal years, at the end of which year any remaining unobli-
gated funds shall be returned to the Fund.’’.
SEC. 112. RELATIONSHIP OF CRIME VICTIM COMPENSATION
TO CERTAIN FEDERAL PROGRAMS.
Section 1403 of the Victims of Crime Act of 1984 (42
U.S.C. 10602) is amended by adding at the end the
following:
‘‘(e) Notwithstanding any other provision of law, if the
compensation paid by an eligible crime victim compensa-
tion program would cover costs that a Federal program,
or a federally financed State or local program, would other-
wise pay, then—
‘‘(1) such crime victim compensation program
shall not pay that compensation; and
‘‘(2) the other program shall make its payments
without regard to the existence of the crime victim
compensation program.’’.
SEC. 113. ADMINISTRATIVE COSTS FOR CRIME VICTIM COM-
PENSATION.
(a) CREATION OF EXCEPTION.—The final sentence of
section 1403(a)(1) of the Victims of Crime Act of 1984 (42
U.S.C. 10602(a)(1)) is amended by striking ‘‘A grant’’ and
inserting ‘‘Except as provided in paragraph (3), a grant’’.
(b) REQUIREMENTS OF EXCEPTION.—Section 1403(a)
of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a))
is amended by adding at the end the following new para-
graph:
‘‘(3) Not more than 5 percent of a grant made under
this section may be used for the administration of the State
crime victim compensation program receiving the grant.’’.
SEC. 114. GRANTS FOR DEMONSTRATION PROJECTS.
Section 1404(c)(1)(A) of the Victims of Crime Act of
1984 (42 U.S.C. 10603(c)(1)(A)) is amended by inserting
‘‘demonstration projects and’’ before ‘‘training’’.
SEC. 115. ADMINISTRATIVE COSTS FOR CRIME VICTIM
ASSISTANCE.
(a) CREATION OF EXCEPTION.—Section 1404(b)(2) of
the Victims of Crime Act of 1984 (42 U.S.C. 10603(b)(2))
is amended by striking ‘‘An eligible’’ and inserting ‘‘Except
as provided in paragraph (3), an eligible’’.
(b) REQUIREMENTS OF EXCEPTION.—Section 1404(b)
of the Victims of Crime Act of 1984 (42 U.S.C. 10603(b))
is amended by adding at the end the following new sub-
section:
‘‘(3) Not more than 5 percent of sums received under
subsection (a) may be used for the administration of the
State crime victim assistance program receiving such
sums.’’.
SEC. 116. MAINTENANCE OF EFFORT.
Section 1407 of the Victims of Crime Act of 1984 (42
U.S.C. 10604) is amended by adding at the end the follow-
ing new subsection:
‘‘(h) Each entity receiving sums made available under
this Act for administrative purposes shall certify that such
sums will not be used to supplant State or local funds, but
will be used to increase the amount of such funds that
would, in the absence of Federal funds, be made available
for these purposes.’’.
SEC. 117. CHANGE OF DUE DATE FOR REQUIRED REPORT.
Section 1407(g) of the Victims of Crime Act of 1984
(42 U.S.C. 10604(g)) is amended by striking ‘‘and on De-
cember 31 every two years thereafter’’, and inserting ‘‘and
on June 30 every two years thereafter’’.
Subtitle C—Report on Battered
Women’s Syndrome
SEC. 121. REPORT ON BATTERED WOMEN’S SYNDROME.
(a) REPORT.—Not less than 1 year after the date of
enactment of this Act, the Attorney General and the Sec-
retary of Health and Human Services shall transmit to the
House Committee on Energy and Commerce, the Senate
Committee on Labor and Human Resources, and the Com-
mittees on the Judiciary of the Senate and the House of
Representatives a report on the medical and psychological
basis of ‘‘battered women’s syndrome’’ and on the extent to
which evidence of the syndrome has been considered in a
criminal trial.
(b) COMPONENTS OF THE REPORT.—The report de-
scribed in subsection (a) shall include—
(1) medical and psychological testimony on the
validity of battered women’s syndrome as a psycho-
logical condition;
(2) a compilation of State and Federal court
cases in which evidence of battered women’s syndrome
was offered in criminal trials; and
(3) an assessment by State and Federal judges,
prosecutors, and defense attorneys of the effects that
evidence of battered women’s syndrome may have in
criminal trials.
TITLE 
II—APPLICABILITY 
OF
MANDATORY MINIMUM PEN-
ALTIES IN CERTAIN CASES
SEC. 201. LIMITATION ON APPLICABILITY OF MANDATORY
MINIMUM PENALTIES IN CERTAIN CASES.
(a) IN GENERAL.—Section 3553 of title 18, United
States Code, is amended by adding at the end the following:
‘‘(f) LIMITATION ON APPLICABILITY OF STATUTORY
MINIMUMS
IN
CERTAIN
CASES.—Notwithstanding any
other provision of law, in the case of an offense under sec-
tion 401, 404, or 406 of the Controlled Substances Act or
section 1010 or 1013 of the Controlled Substances Import
and Export Act, the court shall impose a sentence pursuant
to guidelines established by the United States Sentencing
Commission, without regard to any statutory minimum
sentence, if the court finds at sentencing that—
‘‘(1) the defendant does not have more than 1
criminal history point under the United States Sen-
tencing Commission Guidelines Manual;
‘‘(2) the defendant did not use violence or credi-
ble threats of violence or possess a firearm or other
dangerous weapon (or induce another participant to
do so) in connection with the offense;
‘‘(3) the offense did not result in death or serious
bodily injury to any person;
‘‘(4) the defendant was not an organizer, leader,
manager, or supervisor of others (as determined under
the United States Sentencing Commission Guidelines
Manual) in the offense; and
‘‘(5) no later than the time of the sentencing
hearing, the defendant has provided to the Govern-
ment all information the defendant has concerning
the offense or offenses that were part of the same
course of conduct or of a common scheme or plan. The
fact that the defendant has no relevant or useful other
information to provide shall not preclude or require
a determination by the court that the defendant has
complied with this requirement.’’.
(b) SENTENCING COMMISSION AUTHORITY.—
(1) IN GENERAL.—The United States Sentencing
Commission (hereinafter in this section referred to as
the ‘‘Commission’’) may—
(A) make such amendments as the Commis-
sion deems necessary to harmonize the sentencing
guidelines and policy statements with this sec-
tion and the amendment made by this section;
and
(B) promulgate policy statements to assist
in the application of this section and that
amendment.
(2) PROCEDURES.—If the Commission deter-
mines it is necessary to do so in order that the
amendments made under paragraph (1) may take ef-
fect on the effective date of the amendment made by
subsection (a), the Commission may promulgate the
amendments made under paragraph (1) in accord-
ance with the procedures set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority
under that section had not expired.
(c) EFFECTIVE DATE AND APPLICATION.—The amend-
ment made by subsection (a) shall apply to all sentences
imposed on or after the 10th day beginning after the date
of the enactment of this Act.
SEC. 202. DIRECTION TO SENTENCING COMMISSION.
The United States Sentencing Commission shall pro-
mulgate sentencing guidelines or amend existing sentencing
guidelines with respect to cases where statutory minimum
sentences would apply but for section 3553(f) of title 18,
United States Code, to carry out the purposes of such sec-
tion, so that the lowest sentence in the guideline range is
not less than 2 years in those cases where a 5-year mini-
mum would otherwise apply.
SEC. 203. SPECIAL RULE.
For the purpose of section 3582(c)(2) of title 18,
United States Code, with respect to a prisoner the court
determines has demonstrated good behavior while in prison,
the changes in sentencing made as a result of this Act shall
be deemed to be changes in the sentencing ranges by the
Sentencing Commission pursuant to section 994(o) of title
28, United States Code.
TITLE III—ASSAULTS AGAINST
CHILDREN
SEC. 301. ASSAULTS AGAINST CHILDREN.
(a) SIMPLE ASSAULT.—Section 113(e) of title 18,
United States Code, is amended by striking ‘‘by fine’’ and
all that follows through the period and inserting ‘‘—
‘‘(A) if the victim of the assault is an individual
who has not attained the age of 16 years, by a fine
under this title or imprisonment for not more than
one year, or both; and
‘‘(B) by a fine under this title or imprisonment
for not more than three months, or both, in any other
case.’’.
(b) ASSAULTS RESULTING IN SUBSTANTIAL BODILY
INJURY.—Section 113 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(7) Assault resulting in substantial bodily in-
jury to an individual who has not attained the age
of 16 years, by a fine under this title or imprison-
ment for not more than 5 years, or both.’’.
(c) TECHNICAL AND STYLISTIC CHANGES TO SECTION
113.—Section 113 of title 18, United States Code, is
amended—
(1) in paragraph (b), by striking ‘‘of not more
than $3,000’’ and inserting ‘‘under this title’’;
(2) in paragraph (c), by striking ‘‘of not more
than $1,000’’ and inserting ‘‘under this title’’;
(3) in paragraph (d), by striking ‘‘of not more
than $500’’ and inserting ‘‘under this title’’;
(4) by modifying the left margin of each of para-
graphs (a) through (f) so that they are indented 2
ems;
(5) by redesignating paragraphs (a) through (f)
as paragraphs (1) through (6); and
(6) by inserting ‘‘(a)’’ before ‘‘Whoever’’.
(d) DEFINITIONS.—Section 113 of title 18, United
States Code, is amended by adding at the end the following:
‘‘(b) As used in this subsection—
‘‘(1) the term ‘substantial bodily injury’ means
bodily injury which involves—
‘‘(A) a temporary but substantial disfigure-
ment; or
‘‘(B) a temporary but substantial loss or
impairment of the function of any bodily mem-
ber, organ, or mental faculty; and
‘‘(2) the term ‘serious bodily injury’ has the
meaning given that term in section 1365 of this
title.’’.
(e) ASSAULTS IN INDIAN COUNTRY.—Section 1153(a)
of title 18, United States Code, is amended by inserting
‘‘(as defined in section 1365 of this title), an assault against
an individual who has not attained the age of 16 years’’
after ‘‘serious bodily injury’’.
TITLE IV—CONSUMER
PROTECTION
SEC. 401. CRIMES BY OR AFFECTING PERSONS ENGAGED IN
THE BUSINESS OF INSURANCE WHOSE AC-
TIVITIES AFFECT INTERSTATE COMMERCE.
(a) IN GENERAL.—Chapter 47 of title 18, United
States Code, is amended by adding at the end thereof the
following new sections:
‘‘§1033. Crimes by or affecting persons engaged in the
business of insurance whose activities af-
fect interstate commerce
‘‘(a)(1) Whoever is engaged in the business of insur-
ance whose activities affect interstate commerce and know-
ingly, with the intent to deceive, makes any false material
statement or report or willfully and materially overvalues
any land, property or security—
‘‘(A) in connection with any financial reports or
documents presented to any insurance regulatory offi-
cial or agency or an agent or examiner appointed by
such official or agency to examine the affairs of such
person, and
‘‘(B) for the purpose of influencing the actions of
such official or agency or such an appointed agent or
examiner,
shall be punished as provided in paragraph (2).
‘‘(2) The punishment for an offense under paragraph
(1) is a fine as established under this title or imprisonment
for not more than 10 years, or both, except that the term
of imprisonment shall be not more than 15 years if the
statement or report or overvaluing of land, property, or se-
curity jeopardized the safety and soundness of an insurer
and was a significant cause of such insurer being placed
in conservation, rehabilitation, or liquidation by an appro-
priate court.
‘‘(b)(1) Whoever—
‘‘(A) acting as, or being an officer, director,
agent, or employee of, any person engaged in the busi-
ness of insurance whose activities affect interstate
commerce, or
‘‘(B) is engaged in the business of insurance
whose activities affect interstate commerce or is in-
volved (other than as an insured or beneficiary under
a policy of insurance) in a transaction relating to the
conduct of affairs of such a business,
willfully embezzles, abstracts, purloins, or misappropriates
any of the moneys, funds, premiums, credits, or other prop-
erty of such person so engaged shall be punished as provided
in paragraph (2).
‘‘(2) The punishment for an offense under paragraph
(1) is a fine as provided under this title or imprisonment
for not more than 10 years, or both, except that if such
embezzlement, abstraction, purloining, or misappropriation
described in paragraph (1) jeopardized the safety and
soundness of an insurer and was a significant cause of such
insurer being placed in conservation, rehabilitation, or liq-
uidation by an appropriate court, such imprisonment shall
be not more than 15 years. If the amount or value so embez-
zled, abstracted, purloined, or misappropriated does not ex-
ceed $5,000, whoever violates paragraph (1) shall be fined
as provided in this title or imprisoned not more than one
year, or both.
‘‘(c)(1) Whoever is engaged in the business of insurance
and whose activities affect interstate commerce or is in-
volved (other than as an insured or beneficiary under a pol-
icy of insurance) in a transaction relating to the conduct
of affairs of such a business, knowingly makes any false
entry of material fact in any book, report, or statement of
such person engaged in the business of insurance with in-
tent to deceive any person, including any officer, employee,
or agent of such person engaged in the business of insur-
ance, any insurance regulatory official or agency, or any
agent or examiner appointed by such official or agency to
examine the affairs of such person, about the financial con-
dition or solvency of such business shall be punished as pro-
vided in paragraph (2).
‘‘(2) The punishment for an offense under paragraph
(1) is a fine as provided under this title or imprisonment
for not more than 10 years, or both, except that if the false
entry in any book, report, or statement of such person jeop-
ardized the safety and soundness of an insurer and was a
significant cause of such insurer being placed in conserva-
tion, rehabilitation, or liquidation by an appropriate court,
such imprisonment shall be not more than 15 years.
‘‘(d) Whoever, by threats or force or by any threatening
letter or communication, corruptly influences, obstructs, or
impedes or endeavors corruptly to influence, obstruct, or
impede the due and proper administration of the law under
which any proceeding involving the business of insurance
whose activities affect interstate commerce is pending before
any insurance regulatory official or agency or any agent
or examiner appointed by such official or agency to exam-
ine the affairs of a person engaged in the business of insur-
ance whose activities affect interstate commerce, shall be
fined as provided in this title or imprisoned not more than
10 years, or both.
‘‘(e)(1)(A) Any individual who has been convicted of
any criminal felony involving dishonesty or a breach of
trust, or who has been convicted of an offense under this
section, and who willfully engages in the business of insur-
ance whose activities affect interstate commerce or partici-
pates in such business, shall be fined as provided in this
title or imprisoned not more than 5 years, or both.
‘‘(B) Any individual who is engaged in the business
of insurance whose activities affect interstate commerce and
who willfully permits the participation described in sub-
paragraph (A) shall be fined as provided in this title or
imprisoned not more than 5 years, or both.
‘‘(2) A person described in paragraph (1)(A) may en-
gage in the business of insurance or participate in such
business if such person has the written consent of any insur-
ance regulatory official authorized to regulate the insurer,
which consent specifically refers to this subsection.
‘‘(f) As used in this section—
‘‘(1) the term ‘business of insurance’ means—
‘‘(A) the writing of insurance, or
‘‘(B) the reinsuring of risks,
by an insurer, including all acts necessary or inci-
dental to such writing or reinsuring and the activities
of persons who act as, or are, officers, directors,
agents, or employees of insurers or who are other per-
sons authorized to act on behalf of such persons;
‘‘(2) the term ‘insurer’ means any entity the
business activity of which is the writing of insurance
or the reinsuring of risks, and includes any person
who acts as, or is, an officer, director, agent, or em-
ployee of that business;
‘‘(3) the term ‘interstate commerce’ means—
‘‘(A) commerce within the District of Co-
lumbia, or any territory or possession of the
United States;
‘‘(B) all commerce between any point in the
State, territory, possession, or the District of Co-
lumbia and any point outside thereof;
‘‘(C) all commerce between points within
the same State through any place outside such
State; or
‘‘(D) all other commerce over which the
United States has jurisdiction; and
‘‘(4) the term ‘State’ includes any State, the Dis-
trict of Columbia, the Commonwealth of Puerto Rico,
the Northern Mariana Islands, the Virgin Islands,
American Samoa, and the Trust Territory of the
Pacific Islands.
‘‘§ 1034. Civil penalties and injunctions for violations
of section 1033
‘‘(a) The Attorney General may bring a civil action
in the appropriate United States district court against any
person who engages in conduct constituting an offense
under section 1033 and, upon proof of such conduct by a
preponderance of the evidence, such person shall be subject
to a civil penalty of not more than $50,000 for each viola-
tion or the amount of compensation which the person re-
ceived or offered for the prohibited conduct, whichever
amount is greater. If the offense has contributed to the deci-
sion of a court of appropriate jurisdiction to issue an order
directing the conservation, rehabilitation, or liquidation of
an insurer, such penalty shall be remitted to the appro-
priate regulatory official for the benefit of the policyholders,
claimants, and creditors of such insurer. The imposition of
a civil penalty under this subsection does not preclude any
other criminal or civil statutory, common law, or adminis-
trative remedy, which is available by law to the United
States or any other person.
‘‘(b) If the Attorney General has reason to believe that
a person is engaged in conduct constituting an offense
under section 1033, the Attorney General may petition an
appropriate United States district court for an order pro-
hibiting that person from engaging in such conduct. The
court may issue an order prohibiting that person from en-
gaging in such conduct if the court finds that the conduct
constitutes such an offense. The filing of a petition under
this section does not preclude any other remedy which is
available by law to the United States or any other person.’’.
(b) CLERICAL AMENDMENT.—The table of sections for
chapter 47 of such title is amended by adding at the end
the following new items:
‘‘1033. Crimes by or affecting persons engaged in the business of insurance whose
activities affect interstate commerce.
‘‘1034. Civil penalties and injunctions for violations of section 1033.’’.
SEC. 402. MISCELLANEOUS AMENDMENTS TO TITLE 18,
UNITED STATES CODE.
(a) TAMPERING WITH INSURANCE REGULATORY PRO-
CEEDINGS.—Section 1515(a)(1) of title 18, United States
Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(B);
(2) by inserting ‘‘or’’ at the end of subparagraph
(C); and
(3) by adding at the end thereof the following
new subparagraph:
‘‘(D) a proceeding involving the business of
insurance whose activities affect interstate com-
merce before any insurance regulatory official or
agency or any agent or examiner appointed by
such official or agency to examine the affairs of
any person engaged in the business of insurance
whose activities affect interstate commerce; or’’.
(b) LIMITATIONS.—Section 3293 of such title is
amended by inserting ‘‘1033,’’ after ‘‘1014,’’.
(c) OBSTRUCTION OF CRIMINAL INVESTIGATIONS.—
Section 1510 of title 18, United States Code, is amended
by adding at the end the following new subsection:
‘‘(d)(1) Whoever—
‘‘(A) acting as, or being, an officer, director,
agent or employee of a person engaged in the business
of insurance whose activities affect interstate com-
merce, or
‘‘(B) is engaged in the business of insurance
whose activities affect interstate commerce or is in-
volved (other than as an insured or beneficiary under
a policy of insurance) in a transaction relating to the
conduct of affairs of such a business,
with intent to obstruct a judicial proceeding, directly or in-
directly notifies any other person about the existence or con-
tents of a subpoena for records of that person engaged in
such business or information that has been furnished to a
Federal grand jury in response to that subpoena, shall be
fined as provided by this title or imprisoned not more than
5 years, or both.
‘‘(2) As used in paragraph (1), the term ‘subpoena for
records’ means a Federal grand jury subpoena for records
that has been served relating to a violation of, or a conspir-
acy to violate, section 1033 of this title.’’.
TITLE V—MANDATORY LIFE IM-
PRISONMENT FOR PERSONS
CONVICTED 
OF 
CERTAIN
FELONIES
SEC. 501. MANDATORY LIFE IMPRISONMENT FOR PERSONS
CONVICTED OF CERTAIN FELONIES.
Section 3559 of title 18, United States Code, is amend-
ed—
(1) in subsection (b), by striking ‘‘An’’ and in-
serting ‘‘Except as provided in subsection (c), an’’ in
lieu thereof; and
(2) by adding the following new subsection at the
end:
‘‘(c) IMPRISONMENT OF CERTAIN CRIMINALS.—
‘‘(1) MANDATORY
LIFE
IMPRISONMENT.—Not-
withstanding any other provision of law, a person
who is convicted in a court of the United States of
a serious violent felony or a serious drug offense shall
be sentenced to life imprisonment if—
‘‘(A) the person has been convicted (and
those convictions have become final) on 2 or
more prior occasions, in a court of the United
States or of a State, of serious violent felonies or
serious drug offenses, or any combination of such
felonies and offenses; and
‘‘(B) each serious violent felony or serious
drug offense used as a basis for sentencing under
this subsection, other than the first, was commit-
ted after the defendant’s conviction of the preced-
ing serious violent felony or serious drug offense.
‘‘(2) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) the term ‘assault with intent to com-
mit rape’ means an offense that has as its ele-
ments engaging in physical conduct by which a
person intentionally places another person in
fear of aggravated sexual abuse or sexual abuse
(as described in sections 2241 and 2242 of this
title);
‘‘(B) the term ‘arson’ means an offense that
has as its elements maliciously damaging or de-
stroying any building, inhabited structure, vehi-
cle, vessel, or real property by means of fire or
an explosive;
‘‘(C) the term ‘extortion’ means an offense
that has as its elements the extraction of any-
thing of value from another person by threaten-
ing or placing that person in fear of injury to
any person or kidnapping of any person;
‘‘(D) the term ‘firearms use’ means an of-
fense that has as its elements those described in
section 924(c) or 929(a) of this title, if the fire-
arm was brandished, discharged, or otherwise
used as a weapon and the crime of violence or
drug trafficking crime during and relation to
which the firearm was used was subject to pros-
ecution in a court of the United States or a
court of a State, or both;
‘‘(E) the term ‘kidnapping’ means an of-
fense that has as its elements the abduction, re-
straining, confining, or carrying away of an-
other person by force or threat of force;
‘‘(F) the term ‘serious violent felony’
means—
‘‘(i) a Federal or State offense, by
whatever designation and wherever commit-
ted, consisting of murder (as described in
section 1111 of this title); manslaughter
other than involuntary manslaughter (as
described in section 1112 of this title); as-
sault with intent to commit murder (as de-
scribed in section 113(a) of this title); as-
sault with intent to commit rape; aggra-
vated sexual abuse and sexual abuse (as de-
scribed in sections 2241 and 2242 of this
title); abusive sexual contact (as described
in sections 2244 (a)(1) and (a)(2) of this
title); kidnapping; aircraft piracy (as de-
scribed in section 902(i)(2) or 902(n)(2) of
the Federal Aviation Act of 1958); robbery
(as described in section 2111, 2113, or 2118
of this title); carjacking (as described in sec-
tion 2119 of this title); extortion; arson;
firearms use; or attempt, conspiracy, or so-
licitation to commit any of the above of-
fenses; or
‘‘(ii) any other offense punishable by a
maximum term of imprisonment of 10
years or more that has as an element the
use, attempted use, or threatened use of
physical force against the person of another
or that, by its nature, involves a substantial
risk that physical force against the person
of another may be used in the course of
committing the offense;
‘‘(G) the term ‘State’ means a State of the
United States, the District of Columbia, or any
commonwealth, territory, or possession of the
United States; and
‘‘(H) 
the 
term 
‘serious 
drug 
offense’
means—
‘‘(i) an offense subject to a penalty pro-
vided for in section 401(b)(1)(A) or 408 of
the Controlled Substances Act or section
1010(b)(1)(A) of the Controlled Substances
Import and Export Act; or
‘‘(ii) an offense under State law that,
had the offense been prosecuted in a court of
the United States, would have been subject
to a penalty provided for in section
401(b)(1)(A) or 408 of the Controlled Sub-
stances Act or section 1010(b)(1)(A) of the
Controlled Substances Import and Export
Act.
‘‘(3) NONQUALIFYING FELONIES.—
‘‘(A) ROBBERY IN CERTAIN CASES.—Rob-
bery, an attempt, conspiracy, or solicitation to
commit robbery; or an offense described in para-
graph (2)(F)(ii) shall not serve as a basis for
sentencing under this subsection if the defendant
establishes by clear and convincing evidence
that—
‘‘(i) no firearm or other dangerous
weapon was used in the offense and no
threat of use of a firearm or other dan-
gerous weapon was involved in the offense;
and
‘‘(ii) the offense did not result in death
or serious bodily injury (as defined in sec-
tion 1365) to any person.
‘‘(B) ARSON
IN
CERTAIN
CASES.—Arson
shall not serve as a basis for sentencing under
this subsection if the defendant establishes by
clear and convincing evidence that—
‘‘(i) the offense posed no threat to
human life; and
‘‘(ii) the defendant reasonably believed
the offense posed no threat to human life.
‘‘(4) INFORMATION FILED BY UNITED STATES AT-
TORNEY.—The provisions of section 411(a) of the
Controlled Substances Act (21 U.S.C. 851(a)) shall
apply to the imposition of sentence under this sub-
section.
‘‘(5) RULE OF CONSTRUCTION.—This subsection
shall not be construed to preclude imposition of the
death penalty.
‘‘(6) SPECIAL
PROVISION
FOR
INDIAN
COUN-
TRY.—No person subject to the criminal jurisdiction
of an Indian tribal government shall be subject to this
subsection for any offense for which Federal jurisdic-
tion is solely predicated on Indian country as defined
in section 1151 of this title and which occurs within
the boundaries of such Indian country unless the gov-
erning body of the tribe has elected that this sub-
section have effect over land and persons subject to the
criminal jurisdiction of the tribe.
‘‘(7) RESENTENCING
UPON
OVERTURNING
OF
PRIOR CONVICTION.—If the conviction for a serious
violent felony which was a basis for sentencing under
this subsection is found, pursuant to any appropriate
State or Federal procedure, to be unconstitutional or
is vitiated on the explicit basis of innocence, or if the
convicted person is pardoned on the explicit basis of
innocence, the person serving a sentence imposed
under this subsection shall be resentenced to any sen-
tence that was available at the time of the original
sentencing.’’.
SEC. 502. LIMITED GRANT OF AUTHORITY TO BUREAU OF
PRISONS.
Section 3582(c)(1)(A) of title 18, United States Code,
is amended—
(1) so that the margin of the matter starting
with ‘‘extraordinary’’ and ending with ‘‘reduction’’
the first place it appears is indented an additional
two ems;
(2) by inserting a one-em dash after ‘‘that’’ the
second place it appears;
(3) by inserting a semicolon after ‘‘reduction’’
the first place it appears;
(4) by indenting the first line of the matter re-
ferred to in paragraph (1) and designating that mat-
ter as clause (i); and
(5) by inserting after such matter the following:
‘‘(ii) the defendant is at least 70 years
of age, has served at least 30 years in pris-
on, pursuant to a sentence imposed under
section 3559(c) of this title, for the offense
or offenses for which the defendant is cur-
rently imprisoned, and a determination has
been made by the Director of the Bureau of
Prisons that the defendant is not a danger
to the safety of any other person or the com-
munity, as provided under section 3142(g)
of this title;’’.
TITLE VI—VIOLENT OFFENDER
INCARCERATION
SEC. 601. GRANTS FOR CORRECTIONAL FACILITIES.
(a) GRANT AUTHORIZATION.—The Attorney General
may make grants to individual States and to States orga-
nized as multi-State compacts, to develop, expand, modify,
or improve correctional facilities and programs to ensure
that prison cell space is available for the confinement of
violent offenders.
(b) ELIGIBILITY.—To be eligible to receive a grant
under this title, a State or States organized as multi-State
compacts, shall submit an application to the Attorney Gen-
eral which includes—
(1) assurances that the State or States, have im-
plemented, or will implement, correctional policies
and programs, including truth in sentencing laws
that ensure that violent offenders serve a substantial
portion of the sentences imposed, that are designed to
provide sufficiently severe punishment for violent
ofenders, including violent juvenile offenders, and that
the prison time served is appropriately related to the
determination that the inmate is a violent offender
and for a period of time deemed necessary to protect
the public;
(2) assurances that the State or States have im-
plemented policies that provide for the recognition of
the rights and needs of crime victims;
(3) assurances that funds received under this sec-
tion will be used to develop, expand, modify, or im-
prove correctional facilities and programs to ensure
that prison cell space is available for the confinement
of violent offenders;
(4) assurances that the State or States have a
comprehensive correctional plan which represents an
integrated approach to the management and oper-
ation of correctional facilities and programs and
which includes diversional programs, particularly
drug diversion programs, community corrections pro-
grams, a prisoner screening and security classifica-
tion system, prisoner rehabilitation and treatment
programs, prisoner work activities (including, to the
extent practicable, activities relating to the develop-
ment, expansion, modification, or improvement of
correctional facilities), and job skills programs, a pre-
release prisoner assessment to provide risk reduction
management, post-release assistance, and an assess-
ment of recidivism rates;
(5) assurances that the State or States have in-
volved counties and other units of local government,
when appropriate, in the development, expansion,
modification, or improvement of correctional facilities
and programs designed to ensure the incarceration of
violent offenders;
(6) assurances that funds received under this sec-
tion will be used to supplement, not supplant, other
Federal, State, and local funds; and
(7) documentation of the multi-State compact
agreement that specifies the development, expansion,
modification, or improvement of correctional facilities
and programs.
(c) CONSIDERATION.—The Attorney General, in mak-
ing such grants, shall give consideration to the special bur-
den placed on States which incarcerate a substantial num-
ber of inmates who are in the United States illegally.
(d) MATCHING REQUIREMENT.—The Federal share of
a grant received under this title may not exceed 75 percent
of the costs of a proposal described in an application ap-
proved under this title.
SEC. 602. RULES AND REGULATIONS.
The Attorney General shall issue rules and regulations
regarding the uses of grant funds received under this title
not later than 90 days after the date of the enactment of
this title.
SEC. 603. TECHNICAL ASSISTANCE AND TRAINING.
The Attorney General may request that the Director
of the National Institute of Corrections and the Director
of the Federal Bureau of Prisons provide technical assist-
ance and training to a State or States that receive a grant
under this title to achieve the purposes of this title.
SEC. 604. EVALUATION.
The Attorney General may request the Director of the
National Institute of Corrections to assist with an evalua-
tion of programs established with funds under this title.
SEC. 605. DEFINITION.
For purposes of this title, the term ‘‘State or States’’
means any State, the District of Columbia, the Common-
wealth of Puerto Rico, the United States Virgin Islands,
American Samoa, Guam, and the Northern Mariana
Islands.
SEC. 606. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $600,000,000
for each of the fiscal years 1995 through 1999 to carry out
the purposes of this title.
TITLE VII—DEATH PENALTY
SEC. 701. CONSTITUTIONAL PROCEDURES FOR THE IMPOSI-
TION OF THE SENTENCE OF DEATH.
Part II of title 18 of the United States Code is amend-
ed by adding the following new chapter after chapter 227:
‘‘CHAPTER 228—DEATH SENTENCE
‘‘Sec.
‘‘3591. Sentence of death.
‘‘3592. Mitigating and aggravating factors to be considered in determining wheth-
er a sentence of death is justified.
‘‘3593. Special hearing to determine whether a sentence of death is justified.
‘‘3594. Imposition of a sentence of death.
‘‘3595. Review of a sentence of death.
‘‘3596. Implementation of a sentence of death.
‘‘3597. Use of State facilities.
‘‘3598. Special provisions for Indian country.
‘‘§ 3591. Sentence of death
‘‘A defendant who has been found guilty of—
‘‘(1) an offense described in section 794 or sec-
tion 2381 of this title;
‘‘(2) any other offense for which a sentence of
death is provided, if the defendant, as determined be-
yond a reasonable doubt at the hearing under section
3593—
‘‘(A) intentionally killed the victim;
‘‘(B) intentionally inflicted serious bodily
injury that resulted in the death of the victim;
‘‘(C) intentionally participated in an act,
contemplating that the life of a person would be
taken or intending that lethal force would be
used in connection with a person, other than one
of the participants in the offense, and the victim
died as a direct result of the act; or
‘‘(D) intentionally and specifically engaged
in an act of violence, knowing that the act cre-
ated a grave risk of death to a person, other than
one of the participants in the offense, such that
participation in the act constituted a reckless
disregard for human life and the victim died as
a direct result of the act;
‘‘(3) an offense referred to in section 408(c)(1) of
the Controlled Substances Act (21 U.S.C. 848(c)(1)),
committed as part of a continuing criminal enter-
prise offense under the conditions described in sub-
section (b) of that section which involved not less than
twice the quantity of controlled substance described in
subsection (b)(2)(A) of that section or twice the gross
receipts described in subsection (b)(2)(B) of that sec-
tion; or
‘‘(4) an offense referred to in section 408(c)(1) of
the Controlled Substances Act (21 U.S.C. 848(c)(1)),
committed as part of a continuing criminal enter-
prise offense under that section, where the defendant
is a principal administrator, organizer, or leader of
such an enterprise, and the defendant, in order to ob-
struct the investigation or prosecution of the enter-
prise or an offense involved in the enterprise, at-
tempts to kill or knowingly directs, advises, author-
izes, or assists another to attempt to kill any public
officer, juror, witness, or members of the family or
household of such a person;
shall be sentenced to death if, after consideration of the fac-
tors set forth in section 3592 in the course of a hearing
held pursuant to section 3593, it is determined that imposi-
tion of a sentence of death is justified, except that no person
may be sentenced to death who was less than 18 years of
age at the time of the offense.
‘‘§ 3592. Mitigating and aggravating factors to be con-
sidered in determining whether a sen-
tence of death is justified
‘‘(a) MITIGATING FACTORS.—In determining whether
a sentence of death is to be imposed on a defendant, the
finder of fact shall consider any mitigating factor, includ-
ing the following:
‘‘(1) IMPAIRED CAPACITY.—The defendant’s ca-
pacity to appreciate the wrongfulness of the defend-
ant’s conduct or to conform conduct to the require-
ments of law was significantly impaired, regardless of
whether the capacity was so impaired as to constitute
a defense to the charge.
‘‘(2) DURESS.—The defendant was under un-
usual and substantial duress, regardless of whether
the duress was of such a degree as to constitute a de-
fense to the charge.
‘‘(3) MINOR PARTICIPATION.—The defendant is
punishable as a principal (as defined in section 2 of
title 18 of the United States Code) in the offense,
which was committed by another, but the defendant’s
participation was relatively minor, regardless of
whether the participation was so minor as to con-
stitute a defense to the charge.
‘‘(4) EQUALLY
CULPABLE
DEFENDANTS.—An-
other defendant or defendants, equally culpable in the
crime, will not be punished by death.
‘‘(5) NO PRIOR CRIMINAL RECORD.—The defend-
ant did not have a significant prior history of other
criminal conduct.
‘‘(6) DISTURBANCE.—The defendant committed
the offense under severe mental or emotional disturb-
ance.
‘‘(7) VICTIM’S CONSENT.—The victim consented
to the criminal conduct that resulted in the victim’s
death.
‘‘(8) OTHER FACTORS.—Other factors in the de-
fendant’s background, record, or character or any
other circumstance of the offense that mitigate against
imposition of the death sentence.
‘‘(b) AGGRAVATING FACTORS
FOR ESPIONAGE
AND
TREASON.—In determining whether a sentence of death is
justified for an offense described in section 3591(1), the
jury, or if there is no jury, the court, shall consider each
of the following aggravating factors for which notice has
been given and determine which, if any, exist:
‘‘(1) PRIOR ESPIONAGE OR TREASON OFFENSE.—
The defendant has previously been convicted of an-
other offense involving espionage or treason for which
a sentence of either life imprisonment or death was
authorized by law.
‘‘(2) GRAVE RISK TO NATIONAL SECURITY.—In
the commission of the offense the defendant knowingly
created a grave risk of substantial danger to the na-
tional security.
‘‘(3) GRAVE RISK OF DEATH.—In the commis-
sion of the offense the defendant knowingly created a
grave risk of death to another person.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor for which notice has
been given exists.
‘‘(c) AGGRAVATING FACTORS FOR HOMICIDE.—In de-
termining whether a sentence of death is justified for an
offense described in section 3591(2), the jury, or if there
is no jury, the court, shall consider each of the following
aggravating factors for which notice has been given and de-
termine which, if any, exist:
‘‘(1) DEATH DURING COMMISSION OF ANOTHER
CRIME.—The death, or injury resulting in death, oc-
curred during the commission or attempted commis-
sion of, or during the immediate flight from the com-
mission of, an offense under section 32 (destruction of
aircraft or aircraft facilities), section 33 (destruction
of motor vehicles or motor vehicle facilities), section
36 (violence at international airports), section 351
(violence against Members of Congress, Cabinet offi-
cers, or Supreme Court Justices), an offense under
section 751 (prisoners in custody of institution or of-
ficer), section 794 (gathering or delivering defense in-
formation to aid foreign government), section 844(d)
(transportation of explosives in interstate commerce
for certain purposes), section 844(f) (destruction of
Government property by explosives), section 1118
(prisoners serving life term), section 1201 (kidnap-
ping), section 844(i) (destruction of property affecting
interstate commerce by explosives), section 1116 (kill-
ing or attempted killing of diplomats), section 1203
(hostage taking), section 1992 (wrecking trains), sec-
tion 2280 (maritime violence), section 2281 (mari-
time platform violence), section 2332 (terrorist acts
abroad against United States nationals), section 2339
(use of weapons of mass destruction), or section 2381
(treason) of this title, or section 902 (i) or (n) of the
Federal Aviation Act of 1958 (49 U.S.C. 1472 (i) or
(n)) (aircraft piracy).
‘‘(2) PREVIOUS CONVICTION OF VIOLENT FELONY
INVOLVING FIREARM.—For any offense, other than an
offense for which a sentence of death is sought on the
basis of section 924(c) of this title, as amended by this
Act, the defendant has previously been convicted of a
Federal or State offense punishable by a term of im-
prisonment of more than one year, involving the use
or attempted or threatened use of a firearm, as
defined in section 921 of this title, against another
person.
‘‘(3) PREVIOUS
CONVICTION
OF
OFFENSE
FOR
WHICH A SENTENCE OF DEATH OR LIFE IMPRISON-
MENT
WAS
AUTHORIZED.—The defendant has pre-
viously been convicted of another Federal or State of-
fense resulting in the death of a person, for which a
sentence of life imprisonment or a sentence of death
was authorized by statute.
‘‘(4) PREVIOUS CONVICTION OF OTHER SERIOUS
OFFENSES.—The defendant has previously been con-
victed of two or more Federal or State offenses, pun-
ishable by a term of imprisonment of more than one
year, committed on different occasions, involving the
infliction of, or attempted infliction of, serious bodily
injury or death upon another person.
‘‘(5) GRAVE
RISK
OF
DEATH
TO
ADDITIONAL
PERSONS.—The defendant, in the commission of the
offense, or in escaping apprehension for the violation
of the offense, knowingly created a grave risk of death
to one or more persons in addition to the victim of
the offense.
‘‘(6) HEINOUS, CRUEL, OR DEPRAVED MANNER
OF COMMITTING OFFENSE.—The defendant committed
the offense in an especially heinous, cruel, or depraved
manner in that it involved torture or serious physical
abuse to the victim.
‘‘(7) PROCUREMENT OF OFFENSE BY PAYMENT.—
The defendant procured the commission of the offense
by payment, or promise of payment, of anything of
pecuniary value.
‘‘(8) PECUNIARY GAIN.—The defendant commit-
ted the offense as consideration for the receipt, or in
the expectation of the receipt, of anything of pecu-
niary value.
‘‘(9) 
SUBSTANTIAL
PLANNING
AND
PREMEDITATION.—The defendant committed the of-
fense after substantial planning and premeditation to
cause the death of a person or commit an act of ter-
rorism.
‘‘(10) CONVICTION FOR TWO FELONY DRUG OF-
FENSES.—The defendant has previously been con-
victed of two or more State or Federal offenses pun-
ishable by a term of imprisonment of more than one
year, committed on different occasions, involving the
distribution of a controlled substance.
‘‘(11) VULNERABILITY OF VICTIM.—The victim
was particularly vulnerable due to old age, youth, or
infirmity.
‘‘(12) CONVICTION FOR SERIOUS FEDERAL DRUG
OFFENSES.—The defendant had previously been con-
victed of violating title II or title III of the Controlled
Substances Act for which a sentence of 5 or more
years may be imposed or had previously been con-
victed of engaging in a continuing criminal enter-
prise.
‘‘(13) CONTINUING
CRIMINAL
ENTERPRISE
IN-
VOLVING
DRUG
SALES
TO
MINORS.—The defendant
committed the offense in the course of engaging in a
continuing criminal enterprise in violation of section
408(c) of the Controlled Substances Act and that vio-
lation involved the distribution of drugs to persons
under the age of 21 in violation of section 418 of such
Act.
‘‘(14) HIGH PUBLIC OFFICIALS.—The defendant
committed the offense against—
‘‘(A) the President of the United States, the
President-elect, the Vice President, the Vice-
President-elect, the Vice-President-designate, or,
if there is no Vice President, the officer next in
order of succession to the office of the President
of the United States, or any person who is acting
as President under the Constitution and laws of
the United States;
‘‘(B) a Chief of State, head of government,
or the political equivalent, of a foreign nation;
‘‘(C) a foreign official listed in section
1116(b)(3)(A) of this title, if the official is in the
United States on official business; or
‘‘(D) a Federal public servant who is a
judge, a law enforcement officer, or an employee
of a United States penal or correctional institu-
tion—
‘‘(i) while he or she is engaged in the
performance of his or her official duties;
‘‘(ii) because of the performance of his
or her official duties; or
‘‘(iii) because of his or her status as a
public servant.
For purposes of this subparagraph, a ‘law en-
forcement officer’ is a public servant authorized
by law or by a Government agency or Congress
to conduct or engage in the prevention, inves-
tigation, or prosecution or adjudication of an of-
fense, and includes those engaged in corrections,
parole, or probation functions.
‘‘(15) PRIOR CONVICTION OF SEXUAL ASSAULT
OR CHILD MOLESTATION.—In the case of an offense
under chapter 109A (sexual abuse) or chapter 110
(sexual abuse of children), the defendant has pre-
viously been convicted of a crime of sexual assault or
crime of child molestation.
‘‘(d) AGGRAVATING FACTORS
FOR DRUG OFFENSE
DEATH PENALTY.—In determining whether to recommend
a sentence of death for an offense described in paragraph
(3), (4), or (5) of section 3591, the jury, or if there is no
jury, the court, shall consider any aggravating factor for
which notice has been provided under section 3593 of this
title, including the following factors:
‘‘(1) PREVIOUS
CONVICTION
OF
OFFENSE
FOR
WHICH A SENTENCE OF DEATH OR LIFE IMPRISON-
MENT
WAS
AUTHORIZED.—The defendant has pre-
viously been convicted of another Federal or State of-
fense resulting in the death of a person, for which a
sentence of life imprisonment or death was authorized
by statute.
‘‘(2) PREVIOUS CONVICTION OF OTHER SERIOUS
OFFENSES.—The defendant has previously been con-
victed of two or more Federal or State offenses, each
punishable by a term of imprisonment of more than
one year, committed on different occasions, involving
the importation, manufacture, or distribution of a
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)) or the in-
fliction of, or attempted infliction of, serious bodily
injury or death upon another person.
‘‘(3) PREVIOUS SERIOUS DRUG FELONY CONVIC-
TION.—The defendant has previously been convicted of
another Federal or State offense involving the manu-
facture, distribution, importation, or possession of a
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)) for which
a sentence of five or more years of imprisonment was
authorized by statute.
‘‘(4) USE OF FIREARM.—In committing the of-
fense, or in furtherance of a continuing criminal en-
terprise of which the offense was a part, the defendant
used a firearm or knowingly directed, advised, au-
thorized, or assisted another to use a firearm, as de-
fined in section 921 of this title, to threaten, intimi-
date, assault, or injure a person.
‘‘(5) DISTRIBUTION TO PERSONS UNDER TWEN-
TY-ONE.—The offense, or a continuing criminal enter-
prise of which the offense was a part, involved con-
duct proscribed by section 418 of the Controlled Sub-
stances Act which was committed directly by the de-
fendant or for which the defendant would be liable
under section 2 of this title.
‘‘(6) DISTRIBUTION
NEAR
SCHOOLS.—The of-
fense, or a continuing criminal enterprise of which
the offense was a part, involved conduct proscribed by
section 419 of the Controlled Substances Act which
was committed directly by the defendant or for which
the defendant would be liable under section 2 of this
title.
‘‘(7) USING MINORS IN TRAFFICKING.—The of-
fense or a continuing criminal enterprise of which the
offense was a part, involved conduct proscribed by
section 420 of the Controlled Substances Act which
was committed directly by the defendant or for which
the defendant would be liable under section 2 of this
title.
‘‘(8) LETHAL
ADULTERANT.—The offense in-
volved the importation, manufacture, or distribution
of a controlled substance (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802)) mixed
with a potentially lethal adulterant, and the defend-
ant was aware of the presence of the adulterant.
The jury, or if there is no jury, the court, may consider
whether any other aggravating factor for which notice has
been given exists.
‘‘§ 3593. Special hearing to determine whether a sen-
tence of death is justified
‘‘(a) NOTICE BY THE GOVERNMENT.—If, in a case in-
volving an offense described in section 3591, the attorney
for the government believes that the circumstances of the of-
fense are such that a sentence of death is justified under
this chapter, the attorney shall, a reasonable time before the
trial or before acceptance by the court of a plea of guilty,
sign and file with the court, and serve on the defendant,
a notice—
‘‘(1) stating that the government believes that the
circumstances of the offense are such that, if the de-
fendant is convicted, a sentence of death is justified
under this chapter and that the government will seek
the sentence of death; and
‘‘(2) setting forth the aggravating factor or fac-
tors that the government, if the defendant is convicted,
proposes to prove as justifying a sentence of death.
The factors for which notice is provided under this sub-
section may include factors concerning the effect of the of-
fense on the victim and the victim’s family, and may in-
clude oral testimony, a victim impact statement that identi-
fies the victim of the offense and the extent and scope of
the injury and loss suffered by the victim and the victim’s
family, and any other relevant information. The court may
also permit the attorney for the government to amend the
notice upon a showing of good cause.
‘‘(b) HEARING BEFORE A COURT OR JURY.—If the at-
torney for the government has filed a notice as required
under subsection (a) and the defendant is found guilty of
or pleads guilty to an offense described in section 3591, the
judge who presided at the trial or before whom the guilty
plea was entered, or another judge if that judge is unavail-
able, shall conduct a separate sentencing hearing to deter-
mine the punishment to be imposed. The hearing shall be
conducted—
‘‘(1) before the jury that determined the defend-
ant’s guilt;
‘‘(2) before a jury impaneled for the purpose of
the hearing if—
‘‘(A) the defendant was convicted upon a
plea of guilty;
‘‘(B) the defendant was convicted after a
trial before the court sitting without a jury;
‘‘(C) the jury that determined the defend-
ant’s guilt was discharged for good cause; or
‘‘(D) after initial imposition of a sentence
under this section, reconsideration of the sentence
under this section is necessary; or
‘‘(3) before the court alone, upon the motion of
the defendant.
A jury impaneled pursuant to paragraph (2) shall consist
of 12 members, unless, at any time before the conclusion
of the hearing, the parties stipulate, with the approval of
the court, that it shall consist of a lesser number.
‘‘(c) PROOF OF MITIGATING AND AGGRAVATING FAC-
TORS.—Notwithstanding rule 32(c) of the Federal Rules of
Criminal Procedure, when a defendant is found guilty or
pleads guilty to an offense under section 3591, no
presentence report shall be prepared. At the sentencing hear-
ing, information may be presented as to any matter rel-
evant to the sentence, including any mitigating or aggra-
vating factor permitted or required to be considered under
section 3592. Information presented may include the trial
transcript and exhibits if the hearing is held before a jury
or judge not present during the trial. The defendant may
present any information relevant to a mitigating factor.
The government may present any information relevant to
an aggravating factor for which notice has been provided
under subsection (a). The government and the defendant
shall be permitted to rebut any information received at the
hearing, and shall be given fair opportunity to present ar-
gument as to the adequacy of the information to establish
the existence of any aggravating or mitigating factor, and
as to the appropriateness in the case of imposing a sentence
of death. The government shall open the argument. The de-
fendant shall be permitted to reply. The government shall
then be permitted to reply in rebuttal. The burden of estab-
lishing the existence of any aggravating factor is on the gov-
ernment, and is not satisfied unless the existence of such
a factor is established beyond a reasonable doubt. The bur-
den of establishing the existence of any mitigating factor
is on the defendant, and is not satisfied unless the existence
of such a factor is established by a preponderance of the
information.
‘‘(d) RETURN OF SPECIAL FINDINGS.—The jury, or if
there is no jury, the court, shall consider all the information
received during the hearing. It shall return special findings
identifying any aggravating factor or factors set forth in
section 3592 found to exist and any other aggravating fac-
tor for which notice has been provided under subsection (a)
found to exist. A finding with respect to a mitigating factor
may be made by 1 or more members of the jury, and any
member of the jury who finds the existence of a mitigating
factor may consider such factor established for purposes of
this section regardless of the number of jurors who concur
that the factor has been established. A finding with respect
to any aggravating factor must be unanimous. If no aggra-
vating factor set forth in section 3592 is found to exist, the
court shall impose a sentence other than death authorized
by law.
‘‘(e) RETURN OF A FINDING CONCERNING A SENTENCE
OF DEATH.—If, an aggravating factor required to be con-
sidered under section 3592 is found to exist, the jury, or
if there is no jury, the court, shall then consider whether
the aggravating factor or factors found to exist outweigh
any mitigating factors. The jury, or if there is no jury, the
court shall recommend a sentence of death if it unanimously
finds at least one aggravating factor and no mitigating fac-
tor or if it finds one or more aggravating factors which
outweigh any mitigating factors. In any other case, it shall
not recommend a sentence of death. The jury shall be in-
structed that it must avoid any influence of sympathy, sen-
timent, passion, prejudice, or other arbitrary factors in its
decision, and should make such a recommendation as the
information warrants. The jury shall be instructed that its
recommendation concerning a sentence of death is to be
based on the aggravating factor or factors and any mitigat-
ing factors which have been found, but that the final deci-
sion concerning the balance of aggravating and mitigating
factors is a matter for the jury’s judgment.
‘‘(f) SPECIAL PRECAUTION TO ENSURE AGAINST DIS-
CRIMINATION.—In a hearing held before a jury, the court,
prior to the return of a finding under subsection (e), shall
instruct the jury that, in considering whether a sentence
of death is justified, it shall not consider the race, color,
religious beliefs, national origin, or sex of the defendant or
of any victim and that the jury is not to recommend a sen-
tence of death unless it has concluded that it would rec-
ommend a sentence of death for the crime in question no
matter what the race, color, religious beliefs, national ori-
gin, or sex of the defendant or of any victim may be. The
jury, upon return of a finding under subsection (e), shall
also return to the court a certificate, signed by each juror,
that consideration of the race, color, religious beliefs, na-
tional origin, or sex of the defendant or any victim was
not involved in reaching his or her individual decision and
that the individual juror would have made the same rec-
ommendation regarding a sentence for the crime in question
no matter what the race, color, religious beliefs, national
origin, or sex of the defendant or any victim may be.
‘‘§ 3594. Imposition of a sentence of death
‘‘Upon a recommendation under section 3593(e) that
the defendant should be sentenced to death, the court shall
sentence the defendant accordingly. Otherwise, the court
shall impose any lesser sentence that is authorized by law.
Notwithstanding any other provision of law, if the maxi-
mum term of imprisonment for the offense is life imprison-
ment, the court may impose a sentence of life imprisonment
without possibility of release.
‘‘§ 3595. Review of a sentence of death
‘‘(a) APPEAL.—In a case in which a sentence of death
is imposed, the sentence shall be subject to review by the
court of appeals upon appeal by the defendant. Notice of
appeal must be filed within the time specified for the filing
of a notice of appeal. An appeal under this section may
be consolidated with an appeal of the judgment of convic-
tion and shall have priority over all other cases.
‘‘(b) REVIEW.—The court of appeals shall review the
entire record in the case, including—
‘‘(1) the evidence submitted during the trial;
‘‘(2) the information submitted during the sen-
tencing hearing;
‘‘(3) the procedures employed in the sentencing
hearing; and
‘‘(4) the special findings returned under section
3593(d).
‘‘(c) DECISION AND DISPOSITION.—
‘‘(1) The court of appeals shall address all sub-
stantive and procedural issues raised on the appeal of
a sentence of death, and shall consider whether the
sentence of death was imposed under the influence of
passion, prejudice, or any other arbitrary factor and
whether the evidence supports the special finding of
the existence of an aggravating factor required to be
considered under section 3592.
‘‘(2) Whenever the court of appeals finds that—
‘‘(A) the sentence of death was imposed
under the influence of passion, prejudice, or any
other arbitrary factor;
‘‘(B) the admissible evidence and informa-
tion adduced does not support the special finding
of the existence of the required aggravating fac-
tor; or
‘‘(C) the proceedings involved any other
legal error requiring reversal of the sentence that
was properly preserved for appeal under the
rules of criminal procedure,
the court shall remand the case for reconsideration
under section 3593 or imposition of a sentence other
than death.
‘‘(3) The court of appeals shall state in writing
the reasons for its disposition of an appeal of a sen-
tence of death under this section.
‘‘(4) The sentence shall be affirmed if the court
finds that a remaining aggravating factor found to
exist is one allowed under section 3592 of this title
and that the remaining aggravating factor or factors
found to exist sufficiently outweigh any mitigating
factors found to exist.
‘‘§ 3596. Implementation of a sentence of death
‘‘(a) IN GENERAL.—A person who has been sentenced
to death pursuant to the provisions of this chapter shall
be committed to the custody of the Attorney General until
exhaustion of the procedures for appeal of the judgment of
conviction and for review of the sentence. When the sentence
is to be implemented, the Attorney General shall release the
person sentenced to death to the custody of a United States
marshal, who shall supervise implementation of the sentence
in the manner prescribed by the law of the State in which
the sentence is imposed. If the law of such State does not
provide for implementation of a sentence of death, the court
shall designate another State, the law of which does provide
for the implementation of a sentence of death, and the sen-
tence shall be implemented in the latter State in the manner
prescribed by such law.
‘‘(b) PREGNANT WOMAN.—A sentence of death shall not
be carried out upon a woman while she is pregnant.
‘‘(c) MENTAL CAPACITY.—A sentence of death shall not
be carried out upon a person who is mentally retarded. A
sentence of death shall not be carried out upon a person
who, as a result of mental disability, lacks the mental ca-
pacity to understand the death penalty and why it was im-
posed on that person.
‘‘§ 3597. Use of State facilities
‘‘(a) IN GENERAL.—A United States marshal charged
with supervising the implementation of a sentence of death
may use appropriate State or local facilities for the pur-
pose, may use the services of an appropriate State or local
official or of a person such an official employs for the pur-
pose, and shall pay the costs thereof in an amount approved
by the Attorney General.
‘‘(b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELI-
GIOUS GROUNDS.—No employee of any State department
of corrections, the United States Department of Justice, the
Federal Bureau of Prisons, or the United States Marshals
Service, and no employee providing services to that depart-
ment, bureau, or service under contract shall be required,
as a condition of that employment or contractual obliga-
tion, to be in attendance at or to participate in any pros-
ecution or execution under this section if such participation
is contrary to the moral or religious convictions of the em-
ployee. For purposes of this subsection, the term ‘participa-
tion’ includes personal preparation of the condemned indi-
vidual and the apparatus used for execution and super-
vision of the activities of other personnel in carrying out
such activities.
‘‘§ 3598. Special provisions for Indian country
‘‘Notwithstanding sections 1152 and 1153, no person
subject to the criminal jurisdiction of an Indian tribal gov-
ernment shall be subject to a capital sentence under this
chapter for any offense the Federal jurisdiction for which
is predicated solely on Indian country as defined in section
1151 of this title, and which has occurred within the bound-
aries of such Indian country, unless the governing body of
the tribe has elected that this chapter have effect over land
and persons subject to its criminal jurisdiction.’’.
(b) AMENDMENT OF CHAPTER ANALYSIS.—The chap-
ter analysis of part II of title 18, United States Code, is
amended by adding the following new item after the item
relating to chapter 227:
‘‘228. Death sentence .............................................................................. 3591’’.
SEC. 702. CONFORMING CHANGES TO SPECIFIC OFFENSES
FOR WHICH DEATH PENALTY IS AUTHORIZED.
(a) CONFORMING CHANGES IN TITLE 18.—Title 18,
United States Code, is amended as follows:
(1) ESPIONAGE.—Section 794(a) of title 18,
United States Code, is amended by striking the period
at the end of the subsection and inserting ‘‘, except
that the sentence of death shall not be imposed unless
the jury or, if there is no jury, the court, further finds
that the offense resulted in the identification by a for-
eign power (as defined in section 101(a) of the For-
eign Intelligence Surveillance Act of 1978) of an indi-
vidual acting as an agent of the United States and
consequently in the death of that individual, or di-
rectly concerned nuclear weaponry, military space-
craft or satellites, early warning systems, or other
means of defense or retaliation against large-scale at-
tack; war plans; communications intelligence or cryp-
tographic information; or any other major weapons
system 
or 
major 
element 
of 
defense
strategy.’’.
(2) MURDER.—The second undesignated para-
graph of section 1111(b) of title 18, United States
Code, is amended to read as follows:
‘‘Whoever is guilty of murder in the first degree shall
be punished by death or by imprisonment for life;’’.
(3) KILLING OF FOREIGN OFFICIALS OR INTER-
NATIONALLY PROTECTED PERSONS.—Section 1116(a)
of title 18, United States Code, is amended by strik-
ing ‘‘any such person who is found guilty of murder
in the first degree shall be sentenced to imprisonment
for life, and’’.
(4) KIDNAPPING.—Section 1201(a) of title 18,
United States Code, is amended by inserting after ‘‘or
for life’’ the following: ‘‘and, if the death of any per-
son results, shall be punished by death or life impris-
onment’’.
(5) NONMAILABLE
INJURIOUS
ARTICLES.—The
last paragraph of section 1716 of title 18, United
States Code, is amended by striking the comma after
‘‘imprisonment for life’’ and inserting a period and
striking the remainder of the paragraph.
(6) WRECKING TRAINS.—The second to the last
undesignated paragraph of section 1992 of title 18,
United States Code, is amended by striking the
comma after ‘‘imprisonment for life’’ and inserting a
period and striking the remainder of the section.
(7) BANK ROBBERY.—Section 2113(e) of title 18,
United States Code, is amended by striking ‘‘or pun-
ished by death if the verdict of the jury shall so di-
than $1,000,000 and imprisonment for life;’’ and inserting
‘‘, where death results, by death or imprisonment for life
and a fine under this title, or both;’’.
(e) CARJACKING.—Section 2119(3) of title 18, United
States Code, is amended to read as follows:
‘‘(3) if death results, be punished by death or im-
prisoned for any term of years or for life, fined under
this title, or both.’’
(f) DEATH PENALTY FOR RAPE AND CHILD MOLESTA-
TION MURDERS.—
(1) OFFENSE.—Chapter 109A of title 18, United
States Code, is amended by redesignating section
2245 as section 2246, and by inserting after section
2244 the following:
‘‘§ 2245. Sexual abuse resulting in death
‘‘Whoever, in the course of an offense under this chap-
ter, engages in conduct that results in the death of a person,
shall be punished by death or imprisoned for any term of
years or for life.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 109A of title 18,
United States Code, is amended by striking the item
for section 2245 and adding the following:
‘‘2245. Sexual abuse resulting in death.
‘‘2246. Definitions for chapter.’’.
(g) DEATH PENALTY FOR SEXUAL EXPLOITATION OF
CHILDREN.—Section 2251(d) of title 18, United States
Code, is amended by adding at the end the following: ‘‘Who-
ever, in the course of an offense under this section, engages
in conduct that results in the death of a person, shall be
punished by death or imprisoned for any term of years or
for life.’’.
(h) HOMICIDES AND ATTEMPTED HOMICIDES INVOLV-
ING FIREARMS IN FEDERAL FACILITIES.—Section 930 of
title 18, United States Code, is amended—
(1) by redesignating subsections (c), (d), (e), (f),
and (g) as subsections (d), (e), (f), (g), and (h), re-
spectively;
(2) in subsection (a), by striking ‘‘(c)’’ and in-
serting ‘‘(d)’’;
(3) inserting after subsection (b) the following:
‘‘(c) Whoever kills or attempts to kill any person in
the course of a violation of subsection (a) or (b), or in the
course of an attack on a Federal facility involving the use
of a firearm or other dangerous weapon, shall be punished
as provided in sections 1111, 1112, and 1113 of this title.’’;
(4) in subsection (e)(2) (as so redesignated), by
striking ‘‘(c)’’ and inserting ‘‘(d)’’; and
(5) in subsection (h) (as so redesignated)—
(A) by striking ‘‘and (b)’’ and inserting ‘‘,
(b), and (c)’’; and
(B) by striking ‘‘(d)’’ each place it appears
and inserting ‘‘(e)’’.
(i) DEATH PENALTY FOR MURDER OF FEDERAL WIT-
NESSES.—Section 1512(a)(2)(A) of title 18, United States
Code, is amended to read as follows:
‘‘(A) in the case of murder as defined in section
1111 of this title, the death penalty or imprisonment
for life, and in the case of any other killing, the pun-
ishment provided in section 1112 of this title; and’’.
(j) PROTECTION OF COURT OFFICERS AND JURORS.—
Section 1503 of title 18, United States Code, is amended—
(1) by designating the current text as subsection
(a);
(2) by striking ‘‘fined not more than $5,000 or
imprisoned not more than five years, or both.’’ and
inserting ‘‘punished as provided in subsection (b).’’;
(3) by adding at the end the following:
‘‘(b) The punishment for an offense under this section
is—
‘‘(1) in the case of a killing, the punishment pro-
vided in sections 1111 and 1112 of this title;
‘‘(2) in the case of an attempted killing, or a
case in which the offense was committed against a
petit juror and in which a class A or B felony was
charged, imprisonment for not more than twenty
years, a fine under this title, or both; and
‘‘(3) in any other case, imprisonment for not
more than ten years, a fine under this title, or both.’’;
and
(4) in subsection (a), as so designated by this
section, by striking ‘‘commissioner’’ each place it ap-
pears and inserting ‘‘magistrate judge’’.
(k) FOREIGN MURDER OF UNITED STATES NATION-
ALS.—
(1) IN GENERAL.—Chapter 51 of title 18, United
States Code, is amended by adding at the end thereof
the following new section:
‘‘§ 1118. Foreign murder of United States nationals
‘‘(a) Whoever, being a national of the United States,
kills or attempts to kill a national of the United States
while such national is outside the United States but within
the jurisdiction of another country shall be punished as pro-
vided under sections 1111, 1112, and 1113 of this title.
‘‘(b) No prosecution may be instituted against any
person under this section except upon the written approval
of the Attorney General, the Deputy Attorney General, or
an Assistant Attorney General, which function of approving
prosecutions may not be delegated. No prosecution shall be
approved if prosecution has been previously undertaken by
a foreign country for the same conduct.
‘‘(c) No prosecution shall be approved under this sec-
tion unless the Attorney General, in consultation with the
Secretary of State, determines that the conduct took place
in a country in which the person is no longer present, and
the country lacks the ability to lawfully secure the person’s
return. A determination by the Attorney General under this
subsection is not subject to judicial review.
‘‘(d) As used in this section, the term ‘national of the
United States’ has the meaning given such term in section
101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)).’’.
(2) CONFORMING AMENDMENT.—Section 1117 of
title 18, United States Code, is amended by striking
‘‘or 1116’’ and inserting ‘‘1116, or 1118’’.
(3) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 51 of title 18, Unit-
ed States Code, is amended by adding at the end the
following new item:
‘‘1118. Foreign murder of United States nationals.’’.
(l) DEATH PENALTY FOR CIVIL RIGHTS MURDERS.—
(1) CONSPIRACY AGAINST RIGHTS.—Section 241
of title 18, United States Code, is amended by strik-
ing the period at the end of the last sentence and in-
serting ‘‘, or may be sentenced to death.’’.
(2) DEPRIVATION OF RIGHTS UNDER COLOR OF
LAW.—Section 242 of title 18, United States Code, is
amended by striking the period at the end of the last
sentence and inserting ‘‘, or may be sentenced to
death.’’.
(3) FEDERALLY
PROTECTED
ACTIVITIES.—Sec-
tion 245(b) of title 18, United States Code, is amend-
ed in the matter following paragraph (5) by inserting
‘‘, or may be sentenced to death’’ after ‘‘or for life’’.
(4) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUC-
TION
OF
THE
FREE
EXERCISE
OF
RELIGIOUS
RIGHTS.—Section 247(c)(1) of title 18, United States
Code, is amended by inserting ‘‘, or may be sentenced
to death’’ after ‘‘or both’’.
SEC. 704. DEATH PENALTY FOR MURDER BY A FEDERAL
PRISONER.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code, is amended by adding at the end the following:
‘‘§ 1119. Murder by a Federal prisoner
‘‘(a) OFFENSE.—Whoever, while confined in a Federal
correctional institution under a sentence for a term of life
imprisonment, commits the murder of another shall be pun-
ished by death or by life imprisonment.
‘‘(b) DEFINITIONS.—For the purposes of this section—
‘‘(1) the term ‘Federal correctional institution’
means any Federal prison, Federal correctional facil-
ity, Federal community program center, or Federal
halfway house;
‘‘(2) the term ‘term of life imprisonment’ means
a sentence for the term of natural life, a sentence com-
muted to natural life, an indeterminate term of a
minimum of at least fifteen years and a maximum of
life, or an unexecuted sentence of death; and
‘‘(3) the term ‘murder’ means a first degree or
second degree murder as defined by section 1111 of
this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 51 of title 18, United States Code,
is amended by adding at the end thereof the following:
‘‘1119. Murder by a Federal prisoner.’’.
SEC. 705. MURDER BY ESCAPED PRISONERS.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code, is amended by adding at the end the following:
‘‘§ 1120. Murder by escaped prisoners
‘‘(a) IN GENERAL.—Whoever, having escaped from a
Federal prison where such person was confined under a sen-
tence for a term of life imprisonment, kills another shall
be punished as provided in sections 1111 and 1112 of this
title.
‘‘(b) DEFINITION.—As used in this section, the terms
‘Federal prison’ and ‘term of life imprisonment’ have the
meanings given those terms in section 1119 of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 51 of title 18, United States Code,
is amended by adding at the end the following:
‘‘1120. Murder by escaped prisoners.’’.
SEC. 706. DRIVE-BY SHOOTINGS.
(a) IN GENERAL.—Section 922 of title 18, United
States, Code, is amended by adding at the end the following:
‘‘(v) It shall be unlawful for any person knowingly
to—
‘‘(1) discharge a firearm from within a motor
vehicle; and
‘‘(2) thereby create a grave risk to human life.’’.
(b) PENALTY.—Section 924(a) of such title is amended
by adding at the end the following:
‘‘(6) Whoever knowingly violates section 922(v) shall
be fined under this title or imprisoned not more than 25
years, or both, and if death results, shall be punished by
death or imprisonment for life or any term of years.’’.
SEC. 707. DEATH PENALTY FOR GUN MURDERS DURING
FEDERAL CRIMES OF VIOLENCE AND DRUG
TRAFFICKING CRIMES.
Section 924 of title 18, United States Code, is amended
by adding at the end the following:
‘‘(j) Whoever, in the course of a violation of subsection
(c) of this section, causes the death of a person through the
use of a firearm, shall—
‘‘(1) if the killing is a murder as defined in sec-
tion 1111 of this title, be punished by death or by im-
prisonment for any term of years or for life; and
‘‘(2) if the killing is manslaughter as defined in
section 1112 of this title, be punished as provided in
that section.’’.
SEC. 708. DEATH PENALTY FOR THE MURDER OF STATE OR
LOCAL OFFICIALS ASSISTING FEDERAL LAW
ENFORCEMENT OFFICIALS AND STATE COR-
RECTIONAL OFFICERS.
(a) IN GENERAL.—Chapter 51 of title 18, United
States Code is amended by adding at the end the
following:
‘‘§ 1121. Killing persons aiding Federal investigations
or State correctional officers
‘‘(a) Whoever intentionally kills—
‘‘(1) a State or local official, law enforcement of-
ficer, or other officer or employee while working with
Federal law enforcement officials in furtherance of a
Federal criminal investigation—
‘‘(A) while the victim is engaged in the per-
formance of official duties;
‘‘(B) because of the performance of the vic-
tim’s official duties; or
‘‘(C) because of the victim’s status as a pub-
lic servant; or
‘‘(2) any person assisting a Federal criminal in-
vestigation, while that assistance is being rendered
and because of it,
shall be sentenced according to the terms of section 1111
of this title, including by sentence of death or by imprison-
ment for life.
‘‘(b)(1) Whoever, in a circumstance described in para-
graph (3) of this subsection, while incarcerated, inten-
tionally kills any State correctional officer engaged in, or
on account of the performance of such officer’s official du-
ties, shall be sentenced to a term of imprisonment which
shall not be less than 20 years, and may be sentenced to
life imprisonment or death.
‘‘(2) As used in this section, the term, ‘State correc-
tional officer’ includes any officer or employee of any pris-
on, jail, or other detention facility, operated by, or under
contract to, either a State or local governmental agency,
whose job responsibilities include providing for the custody
of incarcerated individuals.
‘‘(3) The circumstance referred to in paragraph (1) of
this subsection is that—
‘‘(A) the correctional officer is engaged in trans-
porting the incarcerated person interstate; or
‘‘(B) the incarcerated person is incarcerated pur-
suant to a conviction for an offense against the Unit-
ed States.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 51 of title 18, United States Code,
is amended by adding at the end the following:
‘‘1121. Killing persons aiding Federal investigations or State correctional offi-
cers.’’.
SEC. 709. PROHIBITION OF RETALIATORY KILLINGS OF WIT-
NESSES, VICTIMS AND INFORMANTS.
Section 1513 of title 18, United States Code, is
amended—
(1) by redesignating subsections (a) and (b) as
subsections (b) and (c), respectively; and
(2) by inserting after the section heading a new
subsection (a) as follows:
‘‘(a)(1) Whoever kills or attempts to kill another person
with intent to retaliate against any person for—
‘‘(A) the attendance of a witness or party at an
official proceeding, or any testimony given or any
record, document, or other object produced by a wit-
ness in an official proceeding; or
‘‘(B) any information relating to the commission
or possible commission of a Federal offense or a viola-
tion of conditions of probation, parole or release
pending judicial proceedings given by a person to a
law enforcement officer;
shall be punished as provided in paragraph (2).
‘‘(2) The punishment for an offense under this sub-
section is—
‘‘(A) in the case of a killing, the punishment pro-
vided in sections 1111 and 1112 of this title; and
‘‘(B) in the case of an attempt, imprisonment for
not more than twenty years, a fine under this title,
or both.’’.
SEC. 710. WEAPONS OF MASS DESTRUCTION.
(a) OFFENSE.—Chapter 113A of title 18, United
States Code, is amended by inserting after section 2332 the
following new section:
‘‘§ 2332a. Use of weapons of mass destruction
‘‘(a) Whoever uses, or attempts or conspires to use, a
weapon of mass destruction—
‘‘(1) against a national of the United States
while such national is outside of the United States;
‘‘(2) against any person within the United
States; or
‘‘(3) against any property that is owned, leased
or used by the United States or by any department
or agency of the United States, whether the property
is within or outside of the United States;
shall be imprisoned for any term of years or for life, and
if death results, shall be punished by death or imprisoned
for any term of years or for life.
‘‘(b) For purposes of this section—
‘‘(1) the term ‘national of the United States’ has
the meaning given in section 101(a)(22) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(22));
and
‘‘(2) the term ‘weapon of mass destruction’
means—
‘‘(A) any destructive device as defined in
section 921 of this title;
‘‘(B) poison gas;
‘‘(C) any weapon involving a disease orga-
nism; or
‘‘(D) any weapon that is designed to release
radiation or radioactivity at a level dangerous to
human life.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 113A of title 18, United States
Code, is amended by inserting after the item relating to
section 2332 the following:
‘‘2332a. Use of weapons of mass destruction.’’.
SEC. 
711. 
VIOLENCE 
AT 
AIRPORTS 
SERVING 
INTER-
NATIONAL CIVIL AVIATION.
(a) OFFENSE.—Chapter 2 of title 18, United States
Code, is amended by adding at the end the following:
‘‘§ 36. Violence at international airports
‘‘(a) Whoever unlawfully and intentionally, using any
device, substance or weapon—
‘‘(1) performs an act of violence against a person
at an airport serving international civil aviation
which causes or is likely to cause serious bodily in-
jury (as defined in section 1365 of this title) or death;
or
‘‘(2) destroys or seriously damages the facilities
of an airport serving international civil aviation or
a civil aircraft not in service located thereon or
disrupts the services of the airport;
if such an act endangers or is likely to endanger safety at
that airport, or attempts to do such an act, shall be fined
under this title or imprisoned not more than twenty years,
or both; and if the death of any person results from conduct
prohibited by this subsection, shall be punished by death
or imprisoned for any term of years or for life.
‘‘(b) There is jurisdiction over the prohibited activity
in subsection (a) if—
‘‘(1) the prohibited activity takes place in the
United States; or
‘‘(2) the prohibited activity takes place outside of
the United States and the offender is later found in
the United States.
‘‘(c) It is a bar to Federal prosecution under subsection
(a) for conduct that occurred within the United States that
the conduct involved—
‘‘(1) a domestic dispute solely affecting and be-
tween members of the same family or household or be-
tween social acquaintances; or
‘‘(2) was during or in relation to a labor dis-
pute, and such conduct was prohibited as a felony
under the law of the State in which it was committed.
For purposes of this section, the term ‘labor dispute’ has
the meaning set forth in section 2(c) of the Norris-
LaGuardia Act (29 U.S.C. 113(c)).’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 2 of title 18, United States Code,
is amended by adding at the end the following:
‘‘36. Violence at international airports.’’.
(c) EFFECTIVE DATE.—This section shall take effect
on the later of—
(1) the date of the enactment of this Act; or
(2) the date the Protocol for the Suppression of
Unlawful Acts of Violence at Airports Serving Inter-
national Civil Aviation, Supplementary to the Con-
vention for the Suppression of Unlawful Acts Against
the Safety of Civil Aviation, done at Montreal on 23
September 1971, has come into force and the United
States has become a party to the Protocol.
SEC. 712. OFFENSES OF VIOLENCE AGAINST MARITIME
NAVIGATION OR FIXED PLATFORMS.
(a) OFFENSES.—Chapter 111 of title 18, United States
Code, 
is 
amended 
by 
adding 
at 
the 
end 
the
following:
‘‘§ 2280. Violence against maritime navigation
‘‘(a) Whoever unlawfully and intentionally—
‘‘(1) seizes or exercises control over a ship by
force or threat thereof or any other form of intimida-
tion;
‘‘(2) performs an act of violence against a person
on board a ship if that act is likely to endanger the
safe navigation of that ship;
‘‘(3) destroys a ship or causes damage to a ship
or to its cargo which is likely to endanger the safe
navigation of that ship;
‘‘(4) places or causes to be placed on a ship, by
any means whatsoever, a device or substance which is
likely to destroy that ship, or cause damage to that
ship or its cargo which endangers or is likely to en-
danger the safe navigation of that ship;
‘‘(5) destroys or seriously damages maritime
navigational facilities or seriously interferes with
their operation, if such act is likely to endanger the
safe navigation of a ship;
‘‘(6) communicates information, knowing the in-
formation to be false and under circumstances in
which such information may reasonably be believed,
thereby endangering the safe navigation of a ship;
‘‘(7) injures or kills any person in connection
with the commission or the attempted commission of
any of the offenses set forth in paragraphs (1) through
(6); or
‘‘(8) attempts to do any act prohibited under
paragraphs (1) through (7);
shall be fined under this title or imprisoned not more than
twenty years, or both; and if the death of any person results,
from conduct prohibited by this subsection, shall be pun-
ished by death or imprisoned for any term of years or for
life.
‘‘(b) Whoever threatens to do any act prohibited under
paragraph (2), (3) or (5) of subsection (a), with apparent
determination and will to carry the threat into execution,
if the threatened act is likely to endanger the safe naviga-
tion of the ship in question, shall be fined under this title
or imprisoned not more than five years, or both.
‘‘(c) There is jurisdiction over the prohibited activity
in subsections (a) and (b)—
‘‘(1) in the case of a covered ship, if—
‘‘(A) such activity is committed—
‘‘(i) against or on board a ship flying
the flag of the United States at the time the
prohibited activity is committed;
‘‘(ii) in the United States and the ac-
tivity is not prohibited as a crime by the
State in which the activity takes place; or
‘‘(iii) the activity takes place on a ship
flying the flag of a foreign country or out-
side the United States, by a national of the
United States or by a stateless person whose
habitual residence is in the United States;
‘‘(B) during the commission of such activ-
ity, a national of the United States is seized,
threatened, injured or killed; or
‘‘(C) the offender is later found in the Unit-
ed States after such activity is committed;
‘‘(2) in the case of a ship navigating or sched-
uled to navigate solely within the territorial sea or
internal waters of a country other than the United
States, if the offender is later found in the United
States after such activity is committed; and
‘‘(3) in the case of any vessel, if such activity is
committed in an attempt to compel the United States
to do or abstain from doing any act.
‘‘(d) It is a bar to Federal prosecution under sub-
section (a) for conduct that occurred within the United
States that the conduct involved—
‘‘(1) a domestic dispute solely affecting and be-
tween members of the same family or household or be-
tween social acquaintances; or
‘‘(2) was during or in relation to a labor dis-
pute, and such conduct was prohibited as a felony
under the law of the State in which it was committed.
For purposes of this section, the term ‘labor dispute’ has
the meaning set forth in section 2(c) of the Norris-
LaGuardia Act (29 U.S.C. 113(c)).
‘‘(e) The master of a covered ship flying the flag of
the United States who has reasonable grounds to believe that
there is on board that ship any person who has committed
an offense under Article 3 of the Convention for the Sup-
pression of Unlawful Acts Against the Safety of Maritime
Navigation may deliver such person to the authorities of
a State Party to that Convention. Before delivering such
person to the authorities of another country, the master
shall notify in an appropriate manner the Attorney General
of the United States of the alleged offense and await instruc-
tions from the Attorney General as to what action to take.
When delivering the person to a country which is a State
Party to the Convention, the master shall, whenever prac-
ticable, and if possible before entering the territorial sea of
such country, notify the authorities of such country of the
master’s intention to deliver such person and the reasons
therefor. If the master delivers such person, the master shall
furnish to the authorities of such country the evidence in
the master’s possession that pertains to the alleged offense.
‘‘(f) As used in this section—
‘‘(1) the term ‘ship’ means a vessel of any type
whatsoever not permanently attached to the sea-bed,
including dynamically supported craft, submersibles
or any other floating craft; but such term does not in-
clude a warship, a ship owned or operated by a gov-
ernment when being used as a naval auxiliary or for
customs or police purposes, or a ship which has been
withdrawn from navigation or laid up;
‘‘(2) the term ‘covered ship’ means a ship that is
navigating or is scheduled to navigate into, through
or from waters beyond the outer limit of the terri-
torial sea of a single country or a lateral limit of that
country’s territorial sea with an adjacent country;
‘‘(3) the term ‘national of the United States’ has
the meaning given such term in section 101(a)(22) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(22));
‘‘(4) the term ‘territorial sea of the United
States’ means all waters extending seaward to 12
nautical miles from the baselines of the United States
determined in accordance with international law; and
‘‘(5) the term ‘United States’, when used in a
geographical sense, includes the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mar-
iana Islands and all territories and possessions of the
United States.
‘‘§ 2281. Violence against maritime fixed platforms
‘‘(a) Whoever unlawfully and intentionally—
‘‘(1) seizes or exercises control over a fixed plat-
form by force or threat thereof or any other form of
intimidation;
‘‘(2) performs an act of violence against a person
on board a fixed platform if that act is likely to en-
danger its safety;
‘‘(3) destroys a fixed platform or causes damage
to it which is likely to endanger its safety;
‘‘(4) places or causes to be placed on a fixed
platform, by any means whatsoever, a device or sub-
stance which is likely to destroy that fixed platform
or likely to endanger its safety;
‘‘(5) injures or kills any person in connection
with the commission or the attempted commission of
any of the offenses set forth in paragraphs (1) through
(4); or
‘‘(6) attempts to do anything prohibited under
paragraphs (1) through (5);
shall be fined under this title or imprisoned not more than
twenty years, or both; and if death results to any person
from conduct prohibited by this subsection, shall be pun-
ished by death or imprisoned for any term of years or for
life.
‘‘(b) Whoever threatens to do anything prohibited
under paragraph (2) or (3) of subsection (a), with apparent
determination and will to carry the threat into execution,
if the threatened act is likely to endanger the safety of the
fixed platform, shall be fined under this title or imprisoned
not more than five years, or both.
‘‘(c) There is jurisdiction over the prohibited activity
in subsections (a) and (b) if—
‘‘(1) such activity is committed against or on
board a fixed platform—
‘‘(A) that is located on the continental shelf
of the United States;
‘‘(B) that is located on the continental shelf
of another country, by a national of the United
States or by a stateless person whose habitual
residence is in the United States; or
‘‘(C) in an attempt to compel the United
States to do or abstain from doing any act;
‘‘(2) during the commission of such activity
against or on board a fixed platform located on a
continental shelf, a national of the United States is
seized, threatened, injured or killed; or
‘‘(3) such activity is committed against or on
board a fixed platform located outside the United
States and beyond the continental shelf of the United
States and the offender is later found in the United
States.
‘‘(d) It is a bar to Federal prosecution under sub-
section (a) for conduct that occurred within the United
States that the conduct involved—
‘‘(1) a domestic dispute solely affecting and be-
tween members of the same family or household or be-
tween social acquaintances; or
‘‘(2) was during or in relation to a labor dis-
pute, and such conduct was prohibited as a felony
under the law of the State in which it was committed.
For purposes of this section, the term ‘labor dispute’ has
the meaning set forth in section 2(c) of the Norris-
LaGuardia Act (29 U.S.C. 113(c)).
‘‘(e) As used in this section, the term—
‘‘(1) ‘continental shelf ’ means the sea-bed and
subsoil of the submarine areas that extend beyond a
country’s territorial sea to the limits provided by cus-
tomary international law as reflected in Article 76 of
the 1982 Convention on the Law of the Sea;
‘‘(2) ‘fixed platform’ means an artificial island,
installation or structure permanently attached to the
sea-bed for the purpose of exploration or exploitation
of resources or for other economic purposes;
‘‘(3) ‘national of the United States’ has the
meaning given such term in section 101(a)(22) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(22));
‘‘(4) ‘territorial sea of the United States’ means
all waters extending seaward to 12 nautical miles
from the baselines of the United States determined in
accordance with international law; and
‘‘(5) ‘United States’, when used in a geographi-
cal sense, includes the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands
and all territories and possessions of the United
States.’’.
(b) CLERICAL AMENDMENTS.—The table of sections at
the beginning of chapter 111 of title 18, United States Code,
is 
amended 
by 
adding 
at 
the 
end 
thereof 
the
following:
‘‘2280. Violence against maritime navigation
‘‘2281. Violence against maritime fixed platforms’’.
(c) EFFECTIVE DATES.—This section and the amend-
ments made by this section shall take effect on the later of—
(1) the date of the enactment of this Act; or
(2)(A) in the case of section 2280 of title 18,
United States Code, the date the Convention for the
Suppression of Unlawful Acts Against the Safety of
Maritime Navigation has come into force and the
United States has become a party to that Convention;
and
(B) in the case of section 2281 of title 18, United
States Code, the date the Protocol for the Suppression
of Unlawful Acts Against the Safety of Fixed Plat-
forms Located on the Continental Shelf has come into
force and the United States has become a party to
that Protocol.
SEC. 713. TORTURE.
(a) IN GENERAL.—Part I of title 18, United States
Code, is amended by inserting after chapter 113A the fol-
lowing new chapter:
‘‘CHAPTER 113B—TORTURE
‘‘Sec.
2340. Definitions.
2340A. Torture.
2340B. Exclusive remedies.
‘‘§ 2340. Definitions
‘‘As used in this chapter—
‘‘(1) the term ‘torture’ means an act committed
by a person acting under the color of law specifically
intended to inflict severe physical or mental pain or
suffering (other than pain or suffering incidental to
lawful sanctions) upon another person within his cus-
tody or physical control;
‘‘(2) the term ‘severe mental pain or suffering’
means the prolonged mental harm caused by or re-
sulting from (A) the intentional infliction or threat-
ened infliction of severe physical pain or suffering;
(B) the administration or application, or threatened
administration or application, of mind altering sub-
stances or other procedures calculated to disrupt pro-
foundly the senses or the personality; (C) the threat
of imminent death; or (D) the threat that another
person will imminently be subjected to death, severe
physical pain or suffering, or the administration or
application of mind altering substances or other pro-
cedures calculated to disrupt profoundly the senses or
personality;
‘‘(3) the term ‘United States’ includes all areas
under the jurisdiction of the United States including
any of the places within the provisions of sections 5
and 7 of this title and section 101(38) of the Federal
Aviation Act of 1958, as amended (49 U.S.C. App.
1301(38)).
‘‘§ 2340A. Torture
‘‘(a) Whoever, outside the United States and in a cir-
cumstance described in subsection (b) of this section, com-
mits or attempts to commit torture—
‘‘(1) shall be fined under this title or imprisoned
not more than twenty years, or both; and
‘‘(2) if death results to any person from conduct
prohibited by this subsection, shall be punished by
death or imprisoned for any term of years or for life.
‘‘(b) The circumstance referred to in subsection (a) of
this section is if—
‘‘(1) the alleged offender is a national of the
United States; or
‘‘(2) the alleged offender is present in the United
States, irrespective of the nationality of the victim or
the alleged offender.
‘‘§ 2340B. Exclusive remedies
‘‘Nothing in this chapter shall be construed as preclud-
ing the application of State or local laws on the same sub-
ject, nor shall anything in this chapter be construed as cre-
ating any substantive or procedural right enforceable by
law by any party in any civil proceeding.’’.
(b) CLERICAL AMENDMENT.—The table of chapters for
part I of title 18, United States Code, is amended by insert-
ing after the item for chapter 113A the following new item:
‘‘113B. Torture ........................................................................................... 2340’’.
(c) EFFECTIVE DATE.—This section shall take effect
on the later of—
(1) the date of enactment of this section; or
(2) the date the United States has become a
party to the Convention Against Torture and Other
Cruel, 
Inhuman 
or 
Degrading 
Treatment 
or
Punishment.
SEC. 714. APPLICABILITY TO UNIFORM CODE OF MILITARY
JUSTICE.
The provisions of chapter 228 of title 18, United States
Code, as added by this title, shall not apply to prosecutions
under the Uniform Code of Military Justice (10 U.S.C.
801).
SEC. 715. PROTECTION OF JURORS AND WITNESSES IN CAP-
ITAL CASES.
Section 3432 of title 18, United States Code, is amend-
ed by inserting before the period the following: ‘‘, except that
such list of the veniremen and witnesses need not be fur-
nished if the court finds by a preponderance of the evidence
that providing the list may jeopardize the life or safety of
any person’’.
SEC. 716. KIDNAPPING.
Section 1201(g)(1) of title 18, United States Code, is
amended by inserting ‘‘to the penalty of death if the death
of the victim results and, in any other case,’’ after ‘‘shall
be subject’’.
TITLE VIII—TRUTH IN
SENTENCING
SEC. 801. GRANTS.
The Attorney General is authorized to provide grants
to States to build, expand, or operate space in correctional
facilities in order to increase the prison bed capacity in
such facilities in order to reach the goals set forth in section.
SEC. 802. FEDERAL FUNDS.
(a) DISTRIBUTION OF FUNDS IN FISCAL YEAR 1995.—
Of the total amount of funds appropriated under this title
in fiscal year 1995, there shall be allocated to each State
an amount which bears the same ratio to the amount of
funds appropriated pursuant to this title as the number of
part I violent crimes reported by the States to the Federal
Bureau of Investigation for 1993 bears to the number of
part I violent crimes reported by all States to the Federal
Bureau of Investigation for 1993.
(b) DISTRIBUTION OF FUNDS IN FISCAL YEARS 1996
THROUGH 1999.—75 percent of the total amount of funds
appropriated under this title in fiscal years 1996, 1997,
1998, and 1999 shall be allocated to each State according
to the formula established in subsection (a) adjusted to re-
flect in each year the most recent data from the Federal
Bureau of Investigation reporting part I violent crimes.
(c) GOOD FAITH EFFORT.—In order to be eligible for
funding under subsections (a) and (b), a State shall submit
an application and give the Attorney General assurances
that it will make a good faith and cost effective effort to
become eligible for a grant under subsection (d).
(d) TRUTH
IN SENTENCING INCENTIVE FUND.—25
percent of the total amount of funds appropriated under
this title in each of the fiscal years 1996, 1997, 1998, and
1999 shall be allocated to each eligible State according to
the same ratios established in subsection (b) multiplied by
the percentage change in the States’ percentage of time to
be served by the persons convicted of violent crimes divided
by the average of all States’ percentage change in percentage
of time to be served by the persons convicted of violent
crimes. States which have achieved a Truth in Sentencing
standard of violent criminals serving 85 percent of prison
time assessed shall receive the incentive funds based on the
average of such percentage change ratios of all States multi-
plied by the States percentage of total Part I violent crime
reported.
(e) ELIGIBILITY FOR TRUTH IN SENTENCING INCEN-
TIVE FUND.—In order to be eligible for grants under sub-
section (d), a State must demonstrate that it has, since
1993—
(1) increased the percentage of convicted violent
offenders sentenced to prison;
(2) increased the average prison time actually to
be served in prison by convicted violent offenders sen-
tenced to prison; and
(3) increased the percentage of sentence to be ac-
tually served in prison by violent offenders sentenced
to prison.
(f) LAW CHANGES.—As evidence of such good faith ef-
fort to meet the goals contained in subsection (e), a State
may make changes to its laws and regulations which may
include—
(1) truth in sentencing laws which will require
persons convicted of violent crimes to serve not less
than 85 percent of the sentence imposed;
(2) mandatory prison sentences for persons con-
victed of the most serious violent crimes;
(3) pretrial detention for persons whose release it
can be shown would pose a danger to any other per-
son or the community;
(4) sentencing authority to allow the defendant’s
victims or the family of victims the opportunity to be
heard regarding the issue of sentencing and provide
that the victim or the victim’s family will be notified
whenever such defendant is to be released; or
(5) that a person who is convicted of a serious
violent crime shall be sentenced to life imprisonment
if—
(A) The person has been convicted on 2 or
more prior occasions in a court of the United
States or of a State of a serious violent crime,
or of 1 or more serious violent crimes and 1 or
more serious drug offenses; and
(B) each serious violent crime or serious
drug offense used as a basis for sentencing under
this subsection, other than the fist, was commit-
ted after the defendant’s conviction of the preced-
ing serious violent crime or serious drug offense.
SEC. 803. DEFINITIONS.
For purposes of this title—
(1) the term ‘‘violent crime’’ means—
(A) a felony offense that has as an element
the use, attempted use, or threatened use of phys-
ical force against the person of another, or
(B) any other offense that is a felony and
that, by its nature, involves substantial risk that
physical force against the person of another may
be used in the course of committing the offense;
(2) the term ‘‘serious drug offender’’ has the
same meaning as that is used in section 924(e)(2)(A)
of title 18, United States Code;
(3) the term ‘‘State’’ means any of the United
States and the District of Columbia;
(4) the term ‘‘convicted’’ means convicted and
sentenced to a term in a State corrections institution
or a period of formal probation; and
(5) the term ‘‘Part I violent crimes’’ means mur-
der, rape, robbery, and aggravated assault as those of-
fenses are reported to the Federal Bureau of Inves-
tigation for purposes of the Uniform Crime Reports.
SEC. 804. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—For purposes of this title, there are
authorized to be appropriated—
(1) $2,500,000,000 for fiscal year 1995;
(2) $2,000,000,000 for fiscal year 1996;
(3) $2,000,000,000 for fiscal year 1997;
(4) $2,000,000,000 for fiscal year 1998; and
(5) $2,000,000,000 for fiscal year 1999.
(b) LIMITATIONS ON FUNDS.—
(1) NONSUPPLANTING
REQUIREMENT.—Funds
made available under this section shall not be used to
supplant State funds, but shall be used to increase the
amount of funds that would, in the absence of Federal
funds, be made available from State sources.
(2) ADMINISTRATIVE COSTS.—Not more than 3
percent of the funds available under this section may
be used for administrative costs.
(3) MATCHING FUNDS.—The portion of the costs
of a program provided by a grant under this section
may not exceed 90 percent of the total costs of the
program as described in the application.
(4) CARRY
OVER
OF
APPROPRIATIONS.—Any
funds appropriated but not expended as provided by
this section during any fiscal year shall be carried
over and will be made available until expended.
TITLE IX—RACIALLY DISCRIMI-
NATORY CAPITAL SENTENC-
ING
SEC. 901. AMENDMENT TO TITLE 28.
(a) PROCEDURE.—Part VI of title 28, United States
Code, is amended by inserting after chapter 176 the follow-
ing new chapter:
‘‘CHAPTER 177—RACIALLY DISCRIMINATORY
CAPITAL SENTENCING
‘‘Sec.
‘‘3501. Prohibition against the execution of a sentence of death imposed on the
basis of race.
‘‘3502. Access to data on death eligible cases.
‘‘3503. Enforcement of the chapter.
‘‘3504. Construction of chapter.
‘‘§ 3501. Prohibition against the execution of a sen-
tence of death imposed on the basis of
race
‘‘(a) IN GENERAL.—No person shall be put to death
under color of State or Federal law in the execution of a
sentence that was imposed based on race.
‘‘(b) INFERENCE OF RACE AS THE BASIS OF DEATH
SENTENCE.—An inference that race was the basis of a death
sentence is established if valid evidence is presented dem-
onstrating that, at the time the death sentence was imposed,
race was a statistically significant factor in decisions to
seek or to impose the sentence of death in the jurisdiction
in question.
‘‘(c) RELEVANT EVIDENCE.—Evidence relevant to es-
tablish an inference that race was the basis of a death sen-
tence may include evidence that death sentences were, at
the time pertinent under subsection (b), being imposed sig-
nificantly more frequently in the jurisdiction in question—
‘‘(1) upon persons of one race than upon persons
of another race; or
100
‘‘(2) as punishment for capital offenses against
persons of one race than as punishment for capital of-
fenses against persons of another race.
‘‘(d) VALIDITY OF EVIDENCE PRESENTED TO ESTAB-
LISH AN INFERENCE.—If statistical evidence is presented
to establish an inference that race was the basis of a sen-
tence of death, the court shall determine the validity of the
evidence and if it provides a basis for the inference. Such
evidence must take into account, to the extent it is compiled
and publicly made available, evidence of the statutory ag-
gravating factors of the crimes involved, and shall include
comparisons of similar cases involving persons of different
races.
‘‘(e) REBUTTAL.—If an inference that race was the
basis of a death sentence is established under subsection (b),
the death sentence may not be carried out unless the govern-
ment rebuts the inference by a preponderance of the evi-
dence. Unless it can show that the death penalty was sought
in all cases fitting the statutory criteria for imposition of
the death penalty, the government cannot rely on mere as-
sertions that it did not intend to discriminate or that the
cases in which death was imposed fit the statutory criteria
for imposition of the death penalty.
101
‘‘§ 3502. Access to data on death eligible cases
‘‘Data collected by public officials concerning factors
relevant to the imposition of the death sentence shall be
made publicly available.
‘‘§ 3503. Enforcement of the chapter
‘‘In any proceeding brought under section 2254, the
evidence supporting a claim under this chapter may be pre-
sented in an evidentiary hearing and need not be set forth
in the petition. Notwithstanding section 2254, no deter-
mination on the merits of a factual issue made by a State
court pertinent to any claim under section 3501 shall be
presumed to be correct unless—
‘‘(1) the State is in compliance with section
3502;
‘‘(2) the determination was made in a proceed-
ing in a State court in which the person asserting the
claim was afforded rights to the appointment of coun-
sel and to the furnishing of investigative, expert and
other services necessary for the adequate development
of the claim; and
‘‘(3) the determination is one which is otherwise
entitled to be presumed to be correct under the cri-
teria specified in section 2254.
102
‘‘§ 3504. Construction of chapter
‘‘Nothing contained in this chapter shall be construed
to affect in one way or the other the lawfulness of any sen-
tence of death that does not violate section 3501.’’.
(b) AMENDMENT TO TABLE OF CHAPTERS.—The table
of chapters of part VI of title 28, United States Code, is
amended by adding at the end thereof the following new
item:
‘‘177. Racially Discriminatory Capital Sentencing ................ 3501.’’.
SEC. 902. ACTIONS BEFORE ENACTMENT.
No person shall be barred from raising any claim
under section 3501 of title 28, United States Code, as added
by this Act, on the ground of having failed to raise or to
prosecute the same or a similar claim before the enactment
of the Act, nor by reason of any adjudication rendered be-
fore that enactment.
TITLE X—CRIME PREVENTION
AND COMMUNITY JUSTICE
Subtitle A—Model Intensive Grant
Programs
SEC. 1001. GRANT AUTHORIZATION.
(a) ESTABLISHMENT.—The Attorney General, who
may consult with the Secretary of Health and Human Serv-
ices and the Secretary of Housing and Urban Development,
is authorized to award grants to not more than 15 chronic
103
high intensive crime areas to develop comprehensive model
crime prevention programs that—
(1) involve and utilize a broad spectrum of com-
munity resources, including nonprofit community or-
ganizations, law enforcement organizations, and ap-
propriate State and Federal agencies, including the
State educational agencies;
(2) attempt to relieve conditions that encourage
crime; and
(3) provide meaningful and lasting alternatives
to involvement in crime.
(b) PRIORITY.—In awarding grants described in sub-
section (a), the Attorney General shall give priority to pro-
posals that—
(1) are innovative in approach to the prevention
of crime in a specific area;
(2) vary in approach to ensure that comparisons
of different models may be made; and
(3) coordinate crime prevention programs funded
under this program with other existing Federal pro-
grams to address the overall needs of communities
that benefit from grants received under this title.
SEC. 1002. USES OF FUNDS.
(a) IN GENERAL.—Funds awarded under this subtitle
may be used only for purposes described in an approved
104
application. The intent of grants under this subtitle is to
fund intensively comprehensive crime prevention programs
in chronic high intensive crime areas.
(b) GUIDELINES.—The Attorney General shall issue
and publish in the Federal Register guidelines that describe
suggested purposes for which funds under approved pro-
grams may be used.
SEC. 1003. PROGRAM REQUIREMENTS.
(a) DESCRIPTION.—An applicant shall include a de-
scription of the distinctive factors that contribute to chronic
violent crime within the area proposed to be served by the
grant. Such factors may include lack of alternative activi-
ties and programs for youth, deterioration or lack of public
facilities, inadequate public services such as public trans-
portation, street lighting, community-based substance abuse
treatment facilities, or employment services offices, and
inadequate police or public safety services, equipment, or
facilities.
(b) COMPREHENSIVE PLAN.—An applicant shall in-
clude a comprehensive, community-based plan to attack in-
tensively the principal factors identified in subsection (a).
Such plans shall describe the specific purposes for which
funds are proposed to be used and how each purpose will
address specific factors. The plan also shall specify how
local nonprofit organizations, government agencies, private
105
businesses, citizens groups, volunteer organizations, and in-
terested citizens will cooperate in carrying out the purposes
of the grant.
(c) EVALUATION.—An applicant shall include an eval-
uation plan by which the success of the plan will be meas-
ured, including the articulation of specific, objective indicia
of performance, how the indicia will be evaluated, and a
projected timetable for carrying out the evaluation.
SEC. 1004. APPLICATIONS.
To request a grant under this subtitle the chief local
elected official of an area shall—
(1) prepare and submit to the Attorney General
an application in such form, at such time, and in ac-
cordance with such procedures, as the Attorney Gen-
eral shall establish; and
(2) provide an assurance that funds received
under this subtitle shall be used to supplement, not
supplant, non-Federal funds that would otherwise be
available for programs funded under this subtitle.
SEC. 1005. REPORTS.
Not later than December 31, 1998, the Attorney Gen-
eral shall prepare and submit to the Committees on the Ju-
diciary of the House and Senate an evaluation of the model
programs developed under this subtitle and make rec-
106
ommendations regarding the implementation of a national
crime prevention program.
SEC. 1006. DEFINITIONS.
For purposes of this subtitle:
(1) CHRONIC HIGH INTENSITY CRIME AREA.—
The term ‘‘chronic high intensity crime area’’ is an
area that meets criteria defined under regulations is-
sued by the Attorney General. The criteria adopted by
the Attorney General shall, at a minimum, define
areas with—
(A) consistently high rates of violent crime
as reported in the Federal Bureau of Investiga-
tion’s ‘‘Uniform Crime Reports’’, and
(B) chronically high rates of poverty as de-
termined by the Bureau of the Census.
(2) CHIEF LOCAL ELECTED OFFICIAL.—The term
‘‘chief local elected official’’ means an official des-
ignated under regulations issued by the Attorney Gen-
eral. The criteria used by the Attorney General in
promulgating such regulations shall ensure adminis-
trative efficiency and accountability in the expendi-
ture of funds and execution of funded projects under
this subtitle.
107
SEC. 1007. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this subtitle $300,000,000 for each of the fiscal years 1995,
1996, 1997, 1998, and 1999.
Subtitle B—Ounce of Prevention
Grant Programs
PART I—OUNCE OF PREVENTION GRANT
PROGRAMS
SEC. 1010. OUNCE OF PREVENTION COUNCIL.
(a) IN GENERAL.—(1) The Secretary of Health and
Human Services shall convene an interagency Task Force
to be known as the Ounce of Prevention Council, which shall
be chaired by the Attorney General, the Secretary of Edu-
cation, and the Secretary of Health and Human Services,
and which also shall include the Secretary of Housing and
Urban Development, the Secretary of Labor, the Secretary
of Agriculture, the Secretary of the Interior, and the Direc-
tor of the Office of National Drug Control Policy.
(2) The Council may obtain the necessary staff to
carry out its functions through the detail or assignment of
employees from the departments or offices which are rep-
resented by the Council.
(3) The Council may delegate any of its functions or
powers to a member or members of the Council.
(b) ADMINISTRATIVE RESPONSIBILITIES
AND POW-
ERS.—The Council shall advise and counsel the Secretary
108
regarding administration of the programs established by
this title. In consultation with the Council, the Secretary
may issue regulations and guidelines to carry out this title,
including specifications concerning application require-
ments, selection criteria, duration and renewal of grants,
evaluation requirements, limitation of administrative ex-
penses, submission of reports by grantees, recordkeeping by
grantees, and access to books, records, and documents main-
tained by grantees or other persons for purposes of audit
or examination.
(c) TARGETING
OF ASSISTANCE
FOR DISTRESSED
COMMUNITIES
AND
INDIVIDUALS
WITH
PARTICULAR
NEEDS.—In consultation with the Council, the Secretary
shall adopt regulations or guidelines to ensure that funding
provided under this title shall be used primarily for—
(1) assistance in communities that are distressed
as indicated by such factors as high incidences of
crime, juvenile delinquency, gang involvement, sub-
stance abuse, unemployment, school dropouts, or preg-
nancy among adolescents; and
(2) assistance for individuals in any area who
are particularly in need of the assistance for such rea-
sons as involvement in juvenile delinquency, gangs, or
substance abuse, unemployability, dropping out of
109
school, or pregnancy during adolescence, or being at
risk of such conditions.
SEC. 1011. OUNCE OF PREVENTION GRANT PROGRAM.
(a) IN GENERAL.—The Secretary, after consultation
with the Council, may make grants to States, local govern-
ments, educational institutions, coalitions, local edu-
cational agencies, State educational agencies, and other
public and private entities, for—
(1) summer and after-school (including weekend
and holiday education and recreation) programs;
(2) mentoring, tutoring, and other programs in-
volving participation by adult role models;
(3) programs assisting and promoting employ-
ability and job placement; and
(4) substance abuse treatment and prevention,
including outreach programs for at-risk families.
(b) PRIORITY.—In making such grants, the Secretary
shall give preference to coalitions consisting of a broad spec-
trum of community-based and social service organizations
that have a coordinated team approach to reducing gang
membership and the effects of substance abuse, and provid-
ing alternatives to at-risk youth.
(c) DEFINITIONS.—For purposes of this section the
term ‘‘Secretary’’ means the Secretary of Health and
Human Services.
110
PART II—FAMILY AND COMMUNITY ENDEAVOR
SCHOOLS GRANT PROGRAM
SEC. 1015. PROGRAM AUTHORITY.
(a) IN GENERAL.—
(1) ALLOCATIONS
FOR
STATES.—For a fiscal
year in which the sums reserved by the Secretary
from the amounts appropriated for this subtitle to
carry out this section equal or exceed $20,000,000, the
Secretary shall allocate to community-based organiza-
tions in each State, an amount bearing the same
ratio to such sums as the number of children in the
State who are from families with incomes below the
poverty line bears to the number of children in all
States who are from families with incomes below the
poverty line.
(2) GRANTS
TO
COMMUNITY-BASED
ORGANIZA-
TIONS FROM ALLOCATIONS.—For such a fiscal year,
the Secretary may award grants from the appropriate
State allocation determined under paragraph (1) on
a competitive basis to eligible community-based orga-
nizations to pay for the Federal share of assisting eli-
gible communities to develop and carry out programs
in accordance with this section.
(3) REALLOCATION.—If, at the end of such a fis-
cal year, the Secretary determines that funds allo-
cated for community-based organizations in a State
111
remain unobligated, the Council may use such funds
to award grants to eligible community-based organi-
zations in another State to pay for such Federal
share. Amounts made available through such grants
shall remain available until expended.
(b) OTHER FISCAL YEARS.—For any fiscal year in
which the sums reserved by the Secretary from amounts ap-
propriated for this subtitle to carry out this section are less
than $20,000,000, the Secretary may award grants on a
competitive basis to eligible community-based organizations
to pay for the Federal share of assisting eligible commu-
nities to develop and carry out programs in accordance
with this section.
SEC. 1016. PROGRAM REQUIREMENTS.
(a) LOCATION.—A community-based organization that
receives a grant under this section to assist in carrying out
such a program shall ensure that the program is carried
out—
(1) where appropriate, in the facilities of a pub-
lic school; or
(2) in another appropriate local facility in a
State, such as a college or university, a local or State
park or recreation center, church, or military base,
that is—
112
(A) in a location that is easily accessible to
children in the community; and
(B) in compliance with all applicable local
ordinances.
(b) USE OF FUNDS.—Such community-based organi-
zation—
(1) shall use funds made available through the
grant to provide, to children in the eligible commu-
nity, services and activities that shall include super-
vised sports programs, and extracurricular and aca-
demic programs, that are offered—
(A) after school and on weekends and holi-
days, during the school year; and
(B) as daily full-day programs (to the ex-
tent available resources permit) or as part-day
programs, during the summer months;
(2) in providing such extracurricular and aca-
demic programs, shall provide programs such as cur-
riculum-based supervised educational programs, work
force preparation, entrepreneurship, cultural pro-
grams, arts and crafts, and health education and
service programs, dance programs, tutorial and
mentoring programs, and other related activities;
(3) may use such funds—
113
(A) for the renovation of facilities that are
in existence prior to the operation of the pro-
gram for which the organization receives the
grant; and
(B) to develop or expand school programs
(including programs that provide a variety of
additional services to help meet the comprehen-
sive needs of students, such as homework assist-
ance and after-school programs (including edu-
cational, social, and athletic activities), nutri-
tion services, family counseling, and parental
training programs) that are designed to improve
academic and social development of at-risk chil-
dren by instituting a collaborative structure that
trains and coordinates the efforts of teachers, ad-
ministrators, social workers, guidance counselors,
parents, and school volunteers to provide concur-
rent social services for at-risk students in the
daily academic curriculum at public schools in
the eligible community; and
(4) may not use such funds to provide sectarian
worship or instruction.
SEC. 1017. ELIGIBLE COMMUNITY IDENTIFICATION.
(a) IDENTIFICATION.—To be eligible to receive a grant
under this section, a community-based organization shall
114
identify an eligible community to be assisted under this
section.
(b) CRITERIA.—Such eligible community shall be an
area that meets such criteria with respect to significant
poverty and significant juvenile delinquency, and such
additional criteria, as the Secretary may by regulation
require.
SEC. 1018. APPLICATIONS.
(a) APPLICATION REQUIRED.—To be eligible to receive
a grant under this section, a community-based organization
shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information, as
the Secretary may reasonably require, and obtain approval
of such application.
(b) CONTENTS OF APPLICATION.—Each application
submitted pursuant to paragraph (1) shall—
(1) describe the activities and services to be pro-
vided through the program for which the grant is
sought;
(2) contain an assurance that the community-
based organization will spend grant funds received
under this section in a manner that the community-
based organization determines will best accomplish
the objectives of this section;
115
(3) contain a comprehensive plan for the pro-
gram that is designed to achieve identifiable goals for
children in the eligible community;
(4) set forth measurable goals and outcomes for
the program that—
(A) will—
(i) where appropriate, make a public
school the focal point of the eligible commu-
nity; or
(ii) make a local facility described in
section 1016(a)(2) such a focal point; and
(B) may include reducing the percentage of
children in the eligible community that enter the
juvenile justice system, increasing the graduation
rates, school attendance, and academic success of
children in the eligible community, and improv-
ing the skills of program participants;
(5) provide evidence of support for accomplishing
such goals and outcomes from—
(A) community leaders;
(B) businesses;
(C) local educational agencies;
(D) local officials;
(E) State officials; and
118
(15) contain an assurance that the program for
which the grant is sought will, to the maximum ex-
tent possible, incorporate services that are—
(A) provided by program volunteers, par-
ents, adult mentors, social workers, drug and al-
cohol abuse counselors, teachers, or other persons
providing tutoring and college or vocational
preparation; and
(B) provided solely through non-Federal
private and nonprofit sources; and
(16) contain an assurance that the community-
based organization will maintain separate accounting
records for the program.
(c) PRIORITY.—In awarding grants to carry out pro-
grams under this section, the Secretary shall give priority
to community-based organizations who submit applications
that demonstrate the greatest effort in generating local sup-
port for the programs.
SEC. 1019. ELIGIBILITY OF PARTICIPANTS.
(a) IN GENERAL.—To the extent possible, each child
who resides in an eligible community shall be eligible to
participate in a program carried out in such community
that receives assistance under this section.
(b) EXCLUSION.—
119
(1) NONDISCRIMINATION.—In selecting children
to participate in a program that receives assistance
under this section, a community-based organization
shall not discriminate on the basis of race, color, reli-
gion, sex, national origin, or disability.
(2) PARENTAL APPROVAL.—To be eligible to par-
ticipate in a program that receives assistance under
this section, a child shall provide the express written
approval of a parent or guardian, and shall submit
an official application that agrees to the terms and
conditions of participation in the program. All infor-
mation and application forms shall be in a format
and language accessible to and understandable to the
parent or guardian of the child.
SEC. 1020. PEER REVIEW PANEL.
(a) ESTABLISHMENT.—The Secretary shall establish a
peer review panel that shall be comprised of individuals
with demonstrated experience in designing and implement-
ing community-based programs.
(b) COMPOSITION.—Such panel shall include at least
1 representative from each of the following:
(1) A community-based organization.
(2) A local government.
(3) A local educational agency.
(4) The private sector.
120
(5) A charitable organization.
(c) FUNCTIONS.—Such panel shall conduct the initial
review of all grant applications received by the Secretary
under section 1018, make recommendations to the Secretary
regarding—
(1) grant funding under this section; and
(2) a design for the evaluation of programs as-
sisted under this section.
SEC. 1021. INVESTIGATIONS AND INSPECTIONS.
The Secretary may conduct such investigations and
inspections as may be necessary to ensure compliance with
the provisions of this subtitle.
SEC. 1022. FEDERAL SHARE.
(a) PAYMENTS, FEDERAL
SHARE, NON-FEDERAL
SHARE.—
(1) PAYMENTS.—The Secretary shall, subject to
the availability of appropriations, pay to each com-
munity-based organization having an application ap-
proved under section 1018 the Federal share of the
costs of developing and carrying out programs re-
ferred to in section 1015.
(2) FEDERAL SHARE.—The Federal share of such
costs shall be 70 percent for each of the fiscal years
1995, 1996, 1997, and 1998.
(b) NON-FEDERAL SHARE.—
121
(1) IN GENERAL.—The non-Federal share of such
costs may be in cash or in kind, fairly evaluated, in-
cluding plant, equipment, and services (including the
services described in section 1018(b)(16)).
(2) SPECIAL RULE.—At least 15 percent of the
non-Federal share of such costs shall be provided from
private or nonprofit sources.
SEC. 1023. EVALUATION.
The Secretary shall conduct a thorough evaluation of
the programs assisted under this subtitle, which shall in-
clude an assessment of—
(1) the number of children participating in each
program assisted under this section;
(2) the academic achievement of such children;
(3) school attendance and graduation rates of
such children; and
(4) the number of such children being processed
by the juvenile justice system.
SEC. 1024. DEFINITIONS.
In this part the following definitions apply:
(1) CHILD.—The term ‘‘child’’ means an indi-
vidual who is not younger than 5 and not older than
18.
(2) 
COMMUNITY-BASED
ORGANIZATION.—The
term ‘‘community-based organization’’ means a pri-
122
vate, locally initiated community-based organization
that—
(A) is a nonprofit organization, as defined
in section 103(23) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C.
5603(23)); and
(B) is operated by a consortium of service
providers, consisting of representatives of 5 or
more of the following categories of persons:
(i) Residents of the community.
(ii) Business and civic leaders actively
involved in providing employment and
business development opportunities in the
community.
(iii) Educators and organizations of
learning (such as local education agencies).
(iv) Student organizations.
(v) Law enforcement agencies.
(vi) Public housing agencies.
(vii) State government.
(viii) Other public agencies.
(ix) Other interested parties.
(3) ELIGIBLE COMMUNITY.—The term ‘‘eligible
community’’ means an area identified pursuant to
section 1024.
123
(4) LOCAL
EDUCATIONAL
AGENCY.—The term
‘‘local educational agency’’ has the same meaning
given such term in section 1471(12) of the Elemen-
tary and Secondary Education Act of 1965.
(5) POVERTY
LINE.—The term ‘‘poverty line’’
means the income official poverty line (as defined by
the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the
Community Services Block Grant Act (42 U.S.C.
9902(2)) applicable to a family of the size involved.
(6) PUBLIC SCHOOL.—The term ‘‘public school’’
means a public elementary school, as defined in sec-
tion 1201(i) of the Higher Education Act of 1965 (20
U.S.C. 1141(i)), and a public secondary school, as de-
fined in section 1201(d) of such Act.
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Education.
(8) STATE.—The term ‘‘State’’ means each of the
several States of the United States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, Amer-
ican Samoa, Guam, and the United States Virgin
Islands.
124
PART III—ADMINISTRATION
SEC. 1025. TECHNICAL ASSISTANCE; TRAINING AND EVAL-
UATION.
(a) TECHNICAL ASSISTANCE AND TRAINING.—The Sec-
retary may provide technical assistance, training, and eval-
uations to further the purposes of this subtitle through
grants, contracts, or other cooperative agreements with
other entities.
(b) EVALUATIONS.—In addition to any evaluation re-
quirements that may be required for grantees, the Secretary
may conduct or support evaluations of programs that re-
ceive support under this subtitle, including assessments of
the effectiveness of the programs in reducing delinquency,
gang involvement, substance abuse, school dropout rates,
and adolescent pregnancy, and in increasing employability
and employment.
SEC. 1026. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATIONS FOR PART I.—There are author-
ized to be appropriated to carry out the purposes of part
I, $25,000,000 for each of the fiscal years 1995 through
1999.
(b) AUTHORIZATIONS FOR PART II.—There are au-
thorized to be appropriated to carry out the purposes of
part II, $230,000,000 for each of the fiscal years 1995
through 1999.
125
Subtitle C—Police Partnerships for
Children
SEC. 1030. DEFINITION.
As used in this subtitle, ‘‘partnership’’ means a cooper-
ative arrangement or association involving one or more law
enforcement agencies, and one or more public or private
agencies that provide child or family services.
SEC. 1031. GRANT AUTHORITY.
(a) PARTNERSHIP GRANTS.—The Attorney General, in
consultation with the Secretary of Health and Human
Services, may make grants to partnerships for—
(1) teams or units involving participants from
both the law enforcement and child or family services
components of the partnership that respond to or deal
with violent incidents in which a child is involved as
a perpetrator, witness, or victim, such as teams or
units that provide a 24-hour crisis response or con-
sultation service in relation to such incidents;
(2) training for law enforcement officers regard-
ing behavior, psychology, family systems, and com-
munity culture and attitudes that is relevant to deal-
ing with children who are involved in violent inci-
dents or at risk of involvement in such incidents, or
with families of such children; and
126
(3) programs for children and families that are
designed jointly by the law enforcement and child or
family services components of the partnership, includ-
ing programs providing 24-hour response to crisis sit-
uations affecting children and such other programs as
programs that provide training in nonviolent conflict
resolution, after-school activity and neighborhood
recreation programs, parent support groups that are
led jointly by child or family services and law en-
forcement personnel, and mentoring programs.
(b) GRANTS FOR POLICE RESIDENCE IN HIGH CRIME
AREAS.—The Secretary of Housing and Urban Develop-
ment, in consultation with the Attorney General, may make
grants to units of State or local government, public housing
authorities, owners of federally assisted housing, and own-
ers of housing in high crime areas in order to provide dwell-
ing units to law enforcement officers without charge or at
a substantially reduced rent for the purpose of providing
greater security for residents of high crime areas.
SEC. 1032. ADMINISTRATION.
(a) USE
OF COMPONENTS.—The Attorney General
may utilize any component or components of the Depart-
ment of Justice in carrying out this subtitle.
(b) REGULATORY AUTHORITY.—The Attorney General,
for the purposes of section 1031(a), and the Secretary of
127
Housing and Urban Development, for purposes of section
1031(b), may issue regulations and guidelines to carry out
this subtitle, including specifications concerning applica-
tion requirements, selection criteria, duration and renewal
of grants, evaluation requirements, matching funds, limita-
tion of administrative expenses, submission of reports by
grantees, recordkeeping by grantees, and access to books,
records, and documents maintained by grantees or other
persons for purposes of audit or examination.
(c) APPLICATIONS.—In addition to any other require-
ments that may be specified by the Attorney General—
(1) an application for a grant under section
1030(a) of this subtitle shall—
(A) certify that the applicant is a partner-
ship as defined in section 1030, or a law enforce-
ment agency or public or private child or family
services agency that is participating in a part-
nership and seeking support on behalf of the
partnership;
(B) include a long-term strategy and de-
tailed implementation plan;
(C) certify that the Federal support pro-
vided under this subtitle will be used to supple-
ment, and not supplant, State and local sources
of funding that would otherwise be available;
128
(D) identify any related governmental or
community initiatives which complement or will
be coordinated with the proposal; and
(E) specify plans for obtaining necessary
support and continuing the proposed program
following the conclusion of Federal support;
(2) in addition to any other requirements that
may be specified by the Secretary of Housing and
Urban Development, an application for a grant under
section 1031(b) shall—
(A) certify that there has been appropriate
consultation with the employing agency of any
law enforcement officer who is to be provided
with a dwelling unit;
(B) identify any related governmental or
community initiatives which complement or will
be coordinated with the proposal;
(C) certify that the Federal support pro-
vided will be used to supplement, and not sup-
plant, State and local sources of funding that
would otherwise be available; and
(D) provide assurances that local police offi-
cers will not be required to reside in residences
funded under this subtitle.
129
(d) MATCHING FUNDS.—The portion of the costs of a
program provided by a grant under this subtitle may not
exceed 75 percent, unless the Attorney General, for purposes
of section 1031(a), or the Secretary of Housing and Urban
Devlopment, for purposes of section 1031(b), waives, wholly
or in part, the requirement under this subsection of a non-
Federal contribution to the costs of a program.
(e) FUNDING PRIORITY.—In making grants under sec-
tion 1031(a), the Attorney General shall give priority to
applications by partnerships involving law enforcement
agencies that engage in community-oriented policing for
programs assisting distressed communities or populations
with a high incidence of violence affecting children.
SEC. 1033. TECHNICAL ASSISTANCE, TRAINING, AND EVAL-
UATION.
(a) TECHNICAL ASSISTANCE AND TRAINING.—The At-
torney General may provide technical assistance and train-
ing to further the purposes of this subtitle.
(b) EVALUATIONS.—In addition to any evaluation re-
quirements that may be prescribed for grantees, the Attor-
ney General, may carry out or make arrangements for eval-
uations of programs that receive support under this subtitle.
(c) ADMINISTRATION.—The technical assistance, train-
ing, and evaluations authorized by this section may be car-
ried out directly by the Attorney General, or through grants,
130
contracts, or other cooperative arrangements with other
entities.
SEC. 1034. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated $20,000,000 in fiscal year 1995, and such sums as
may be necessary in each of fiscal years 1996 through 1999
to carry out this subtitle.
(b) LIMITATION.—Not more than 50 percent of the
funds made available in a fiscal year for this subtitle may
be expended for grants under section 1031(b).
Subtitle D—Midnight Sports
SEC. 
1038. 
GRANTS 
FOR 
MIDNIGHT 
SPORTS 
LEAGUE
ANTICRIME PROGRAMS.
(a) AUTHORITY.—The Secretary of Housing and
Urban Development, in consultation with the Attorney Gen-
eral of the United States, the Secretary of Labor, and the
Secretary of Education, shall make grants, to the extent
that amounts are approved in appropriations Acts under
subsection (k), to eligible entities to assist such entities in
carrying out midnight sports league programs meeting the
requirements of subsection (d).
(b) ELIGIBLE ENTITIES.—
(1) IN GENERAL.—Grants under subsection (a)
may be made only to the following eligible entities:
131
(A) Entities eligible under section 520(b) of
the 
Cranston-Gonzalez 
National 
Affordable
Housing Act (42 U.S.C. 11903a(b)) for a grant
under section 520(a) of such Act.
(B) 
Nonprofit 
organizations 
providing
crime prevention, employment counseling, job
training, or other educational services.
(C) Nonprofit organizations providing fed-
erally-assisted low-income housing.
(2) PROHIBITION ON SECOND GRANTS.—A grant
under subsection (a) may not be made to an eligible
entity if the entity previously received a grant under
such subsection.
(c) USE OF GRANT AMOUNTS.—Any eligible entity
that receives a grant under subsection (a) may use the grant
only—
(1) to establish or carry out a midnight sports
league program under subsection (d);
(2) for salaries for administrators and staff of
the program;
(3) for other administrative costs of the program,
except that not more than 5 percent of the grant may
be used for such administrative costs; and
(4) for costs of training and assistance provided
under subsection (d).
132
(d) PROGRAM REQUIREMENTS.—Each eligible entity
receiving a grant under subsection (a) shall establish a mid-
night sports league program as follows:
(1) The program shall establish a sports league
of not less than 8 teams having 10 players each.
(2) Not less than 50 percent of the players in the
sports league shall be residents of federally assisted
low-income housing.
(3) The program shall be designed to serve pri-
marily youths and young adults from a neighborhood
or community whose population has not less than 2
of the following characteristics (in comparison with
national averages):
(A) A substantial problem regarding use or
sale of illegal drugs.
(B) A high incidence of crimes committed
by youths or young adults.
(C) A high incidence of persons infected
with the human immunodeficiency virus or sexu-
ally transmitted diseases.
(D) A high incidence of pregnancy, or a
high birth rate, among adolescents.
(E) A high unemployment rate for youths
and young adults.
(F) A high rate of high school dropouts.
133
(4) The program shall require each player in the
league to attend employment counseling, job training,
and other educational classes provided under the pro-
gram, which shall be held in conjunction with league
sports games at or near the site of the games.
(5) The program shall serve only youths and
young adults who demonstrate a need for such coun-
seling, training, and education provided by the pro-
gram, in accordance with criteria for demonstrating
need, which shall be established by the Secretary of
Housing and Urban Development, in consultation
with the Attorney General, the Secretary of Labor, the
Secretary of Education, and with the Advisory
Committee.
(6) The program shall obtain sponsors for each
team in the sports league. Sponsors shall be private
individuals or businesses in the neighborhood or com-
munity served by the program who make financial
contributions to the program and participate in or
supplement the employment, job training, and edu-
cational services provided to the players under the
program with additional training or educational op-
portunities.
(7) The program shall comply with any criteria
established by the Secretary of Housing and Urban
134
Development, in consultation with the Attorney Gen-
eral, the Secretary of Labor, the Secretary of Edu-
cation, and with the Advisory Committee.
(e) GRANT AMOUNT LIMITATIONS.—
(1) PRIVATE CONTRIBUTIONS.—The Secretary of
Housing and Urban Development, in consultation
with the Attorney General, the Secretary of Labor,
and the Secretary of Education, may not make a
grant under subsection (a) to an eligible entity that
applies for a grant under subsection (f) unless the ap-
plicant entity certifies to the Secretary of Housing
and Urban Development, or the Attorney General,
that the entity will supplement the grant amounts
with amounts of funds from non-Federal sources, as
follows:
(A) In each of the first 2 years that
amounts from the grant are disbursed (under
paragraph (5)), an amount sufficient to provide
not less than 35 percent of the cost of carrying
out the midnight sports league program.
(B) In each of the last 3 years that amounts
from the grant are disbursed, an amount suffi-
cient to provide not less than 50 percent of the
cost of carrying out the midnight sports league
program.
135
(2) NON-FEDERAL FUNDS.—For purposes of this
subsection, the term ‘‘funds from non-Federal sources’’
includes amounts from nonprofit organizations, pub-
lic housing agencies, States, units of general local gov-
ernment, and Indian housing authorities, private con-
tributions, any salary paid to staff (other than from
grant amounts under subsection (a)) to carry out the
program of the eligible entity, in-kind contributions
to carry out the program (as determined by the Sec-
retary of Housing and Urban Development, in con-
sultation with the Attorney General, the Secretary of
Labor, the Secretary of Education, and with the Ad-
visory Committee), the value of any donated material,
equipment, or building, the value of any lease on a
building, the value of any utilities provided, and the
value of any time and services contributed by volun-
teers to carry out the program of the eligible entity.
(3) 
PROHIBITION
ON
SUBSTITUTION
OF
FUNDS.—Grants made under subsection (a), and
amounts provided by States and units of general local
government to supplement the grants, may not be
used to replace other public funds previously used, or
designated for use, under this section.
(4) MAXIMUM AND MINIMUM GRANT AMOUNTS.—
The Secretary of Housing and Urban Development,
136
in consultation with the Attorney General, the Sec-
retary of Labor, and the Secretary of Education, may
not make a grant under subsection (a) to any single
eligible entity in an amount less than $50,000 or ex-
ceeding $125,000.
(5) DISBURSEMENT.—Each grant made under
subsection (a)(1) shall be disbursed to the eligible en-
tity receiving the grant over the 5-year period begin-
ning on the date that the entity is selected to receive
the grant, as follows:
(A) In each of the first 2 years of such 5-
year period, 23 percent of the total grant amount
shall be disbursed to the entity.
(B) In each of the last 3 years of such 5-
year period, 18 percent of the total grant amount
shall be disbursed to the entity.
(f) APPLICATIONS.—To be eligible to receive a grant
under subsection (a), an eligible entity shall submit to the
Secretary of Housing and Urban Development an applica-
tion in the form and manner required by the Secretary of
Housing and Urban Development, in consultation with the
Attorney General, the Secretary of Labor, the Secretary of
Education, and with the Advisory Committee, which shall
include—
137
(1) a description of the midnight sports league
program to be carried out by the entity, including a
description of the employment counseling, job train-
ing, and other educational services to be provided;
(2) letters of agreement from service providers to
provide training and counseling services required
under subsection (d) and a description of such service
providers;
(3) letters of agreement providing for facilities
for sports games and counseling, training, and edu-
cational services required under subsection (d) and a
description of the facilities;
(4) a list of persons and businesses from the com-
munity served by the program who have expressed in-
terest in sponsoring, or have made commitments to
sponsor, a team in the midnight sports league; and
(5) evidence that the neighborhood or community
served by the program meets the requirements of sub-
section (d)(3).
(g) SELECTION.—The Secretary of Housing and
Urban Development, in consultation with the Attorney Gen-
eral, the Secretary of Labor, the Secretary of Education,
and with the Advisory Committee, shall select eligible enti-
ties that submit applications under subsection (f) to receive
grants under subsection (a). The Secretary of Housing and
138
Urban Development, in consultation with the Attorney Gen-
eral, the Secretary of Labor, the Secretary of Education,
and with the Advisory Committee, shall establish criteria
for selection of applicants to receive such grants. The cri-
teria shall include a preference for selection of eligible enti-
ties carrying out midnight sports league programs in sub-
urban and rural areas.
(h) REPORTS.—The Secretary of Housing and Urban
Development, in consultation with the Attorney General, the
Secretary of Labor, and the Secretary of Education, shall
require each eligible entity receiving a grant under sub-
section (a) to submit for each year in which grant amounts
are received by the entity, a report describing the activities
carried out with such amounts.
(i) STUDY.—To the extent amounts are provided under
appropriation Acts pursuant to subsection (k)(2), the Sec-
retary of Housing and Urban Development, in consultation
with the Attorney General, the Secretary of Labor, and the
Secretary of Education, shall make a grant to one entity
qualified to carry out a study under this subsection. The
entity shall use such grant to carry out a scientific study
of the effectiveness of midnight sports league programs
under subsection (d) of eligible entities receiving grants
under subsection (a). The Secretary of Housing and Urban
Development, in consultation with the Attorney General, the
139
Secretary of Labor, and the Secretary of Education, shall
require such entity to submit a report describing the study
and any conclusions and recommendations resulting from
the study to the Congress and the Secretary of Housing and
Urban Development and the Attorney General not later
than the expiration of the 2-year period beginning on the
date that the grant under this subsection is made.
(j) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘eligible entity’’ means an entity
described under subsection (b)(1); and
(2) the term ‘‘federally assisted low-income hous-
ing’’ has the meaning given the term in section 5126
of the Public and Assisted Housing Drug Elimination
Act of 1990.
(k) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated—
(1) for grants under subsection (a), $10,000,000
in each of fiscal years 1995, 1996, 1997, 1998, and
1999; and
(2) for a study grant under subsection (i),
$250,000 in fiscal year 1995.
Subtitle E—Drug Courts
SEC. 1041. GRANT AUTHORITY.
The Attorney General may make grants to units of
State and local government, and to other public and private
140
entities, for programs that involve continuing judicial su-
pervision over specified categories of persons with substance
abuse problems, and that involve the integrated administra-
tion of other sanctions and services including—
(1) testing for the use of controlled substances or
other addictive substances;
(2) substance abuse treatment;
(3) diversion, probation, or other supervised re-
lease involving the possibility of prosecution, confine-
ment, or incarceration based on noncompliance with
program requirements or failure to show satisfactory
progress; and
(4) programmatic or health related aftercare
services such as relapse prevention, education, voca-
tional training, job placement, housing placement,
and child care or other family support services.
SEC. 1042. ADMINISTRATION.
(a) CONSULTATION.—The Attorney General shall con-
sult with the Secretary of Health and Human Services and
any other appropriate officials in carrying out this subtitle.
(b) USE
OF COMPONENTS.—The Attorney General
may utilize any component or components of the Depart-
ment of Justice in carrying out this subtitle.
(c) REGULATORY AUTHORITY.—The Attorney General
may issue regulations and guidelines to carry out this sub-
141
title, including specifications concerning application re-
quirements, selection criteria, duration and renewal of
grants, evaluation requirements, matching funds, limita-
tion of administrative expenses, submission of reports by
grantees, recordkeeping by grantees, and access to books,
records, and documents maintained by grantees or other
persons for purposes of audit or examination.
(d) APPLICATIONS.—In addition to any other require-
ments that may be specified by the Attorney General, an
application for a grant under this subtitle shall—
(1) include a long-term strategy and detailed im-
plementation plan;
(2) explain the applicant’s inability to fund the
program adequately without Federal assistance;
(3) certify that the Federal support provided will
be used to supplement, and not supplant, State and
local sources of funding that would otherwise be avail-
able;
(4) identify related governmental or community
initiatives which complement or will be coordinated
with the proposal;
(5) certify that there has been appropriate con-
sultation with all affected agencies, and that there
will be appropriate coordination with all affected
agencies in the implementation of the program;
142
(6) specify plans for obtaining necessary support
and continuing the proposed program following the
conclusion of Federal support; and
(7) describe the methodology that will be utilized
in evaluating the program.
SEC. 1043. TECHNICAL ASSISTANCE, TRAINING, AND EVAL-
UATION.
(a) TECHNICAL ASSISTANCE AND TRAINING.—The At-
torney General may provide technical assistance and train-
ing in furtherance of the purposes of this subtitle.
(b) EVALUATIONS.—In addition to any evaluation re-
quirements that may be prescribed for grantees, the Attor-
ney General may carry out or make arrangements for eval-
uations of programs that receive support under this subtitle.
(c) ADMINISTRATION.—The technical assistance, train-
ing, and evaluations authorized by this section may be car-
ried out directly by the Attorney General, in collaboration
with the Secretary of Health and Human Services, or
through grants, contracts, or other cooperative arrange-
ments with other entities.
SEC. 1044. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $280,000,000
in each of fiscal years 1995, 1996, 1997, 1998, and 1999
to carry out this subtitle.
143
Subtitle F—Assistance for
Delinquent and At-Risk Youth
SEC. 1051. GRANT AUTHORITY.
(a) IN GENERAL.—(1) In order to prevent the commis-
sion of crimes or delinquent acts by juveniles, the Attorney
General may make grants to public or private nonprofit
organizations to support the development and operation of
projects to provide residential services to youth, aged 11 to
19, who—
(A) have dropped out of school;
(B) have come into contact with the juvenile jus-
tice system; or
(C) are at risk of dropping out of school or com-
ing into contact with the juvenile justice system.
(2) Such services shall include activities designed to—
(A) increase the self-esteem of such youth;
(B) assist such youth in making healthy and re-
sponsible choices;
(C) improve the academic performance of such
youth pursuant to a plan jointly developed by the ap-
plicant and the school which each such youth attends
or should attend; and
(D) provide such youth with vocational and life
skills.
144
(b) APPLICATIONS.—(1) A public agency or private
nonprofit organization which desires a grant under this sec-
tion shall submit an application at such time and in such
manner as the Attorney General may prescribe.
(2) Such application shall include—
(A) a description of the program developed by
the applicant, including the activities to be offered;
(B) a detailed discussion of how such program
will prevent youth from committing crimes or delin-
quent acts;
(C) evidence that such program—
(i) will be carried out in facilities which
meet applicable State and local laws with regard
to safety;
(ii) will include academic instruction, ap-
proved by the State or local educational agency,
which meets or exceeds State and local standards
and curricular requirements; and
(iii) will include instructors and other per-
sonnel who possess such qualifications as may be
required by applicable State or local laws; and
(D) specific, measurable outcomes for youth
served by the program.
145
(c) CONSIDERATION
OF APPLICATIONS.—Not later
than 60 days following the submission of applications, the
Attorney General shall—
(1) approve each application and disburse the
funding for each such application; or
(2) disapprove the application and inform the
applicant of such disapproval and the reasons there-
for.
(d) REPORTS.—A grantee under this section shall an-
nually submit a report to the Attorney General that de-
scribes the activities and accomplishments of such program,
including the degree to which the specific youth outcomes
are met.
SEC. 1052. AUTHORIZATION OF APPROPRIATIONS.
For grants under section 1051, there are authorized
to be appropriated $10,000,000 for each of the fiscal years
1995 through 1999.
Subtitle G—Police Recruitment
SEC. 1061. GRANT AUTHORITY.
(a) IN GENERAL.—The Attorney General may make
grants to qualified community organizations to assist in
meeting the costs of qualified programs which are designed
to recruit and retain applicants to police departments.
(b) QUALIFIED COMMUNITY ORGANIZATIONS.—An or-
ganization is a qualified community organization which is
146
eligible to receive a grant under subsection (a) if the organi-
zation—
(1) is a non-profit organization; and
(2) has training and experience in—
(A) working with a police department and
with teachers, counselors, and similar personnel,
(B) providing services to the community in
which the organization is located,
(C) developing and managing services and
techniques to recruit individuals to become mem-
bers of a police department and to assist such in-
dividuals in meeting the membership require-
ments of police departments,
(D) developing and managing services and
techniques to assist in the retention of applicants
to police departments, and
(E) developing other programs that contrib-
ute to the community.
(c) QUALIFIED PROGRAMS.—A program is a qualified
program for which a grant may be made under subsection
(a) if the program is designed to recruit and train individ-
uals from underepresented neighborhoods and localities and
if—
(1) the overall design of the program is to recruit
and retain applicants to a police department;
147
(2) the program provides recruiting services
which include tutorial programs to enable individuals
to meet police force academic requirements and to
pass entrance examinations;
(3) the program provides counseling to appli-
cants to police departments who may encounter prob-
lems throughout the application process; and
(4) the program provides retention services to as-
sist in retaining individuals to stay in the applica-
tion process of a police department.
(d) APPLICATIONS.—To qualify for a grant under sub-
section (a), a qualified organization shall submit an appli-
cation to the Attorney General in such form as the Attorney
General may prescribe. Such application shall—
(1) include documentation from the applicant
showing—
(A) the need for the grant;
(B) the intended use of grant funds;
(C) expected results from the use of grant
funds; and
(D) demographic characteristics of the pop-
ulation to be served, including age, disability,
race, ethnicity, and languages used; and
(2) contain assurances satisfactory to the Attor-
ney General that the program for which a grant is
148
made will meet the applicable requirements of the
program guidelines prescribed by the Attorney Gen-
eral under subsection (i).
(e) ACTION BY THE ATTORNEY GENERAL.—Not later
than 60 days after the date that an application for a grant
under subsection (a) is received, the Attorney General shall
consult with the police department which will be involved
with the applicant and shall—
(1) approve the application and disburse the
grant funds applied for; or
(2) disapprove the application and inform the
applicant that the application is not approved and
provide the applicant with the reasons for the dis-
approval.
(f) GRANT DISBURSEMENT.—The Attorney General
shall disburse funds under a grant under subsection (a) in
accordance with regulations of the Attorney General which
shall ensure—
(1) priority is given to applications for areas
and organizations with the greatest showing of need;
(2) that grant funds are equitably distributed on
a geographic basis; and
(3) the needs of underserved populations are rec-
ognized and addressed.
149
(g) GRANT PERIOD.—A grant under subsection (a)
shall be made for a period not longer than 3 years.
(h) GRANTEE REPORTING.—(1) For each year of a
grant period for a grant under subsection (a), the recipient
of the grant shall file a performance report with the Attor-
ney General explaining the activities carried out with the
funds received and assessing the effectiveness of such activi-
ties in meeting the purpose of the recipient’s qualified
program.
(2) If there was more than one recipient of a grant,
each recipient shall file such report.
(3) The Attorney General shall suspend the funding
of a grant if the recipient of the grant does not file the re-
port required by this subsection or uses the grant for a pur-
pose not authorized by this section.
(i) GUIDELINES.—The Attorney General shall, by reg-
ulation, prescribe guidelines on content and results for pro-
grams receiving a grant under subsection (a). Such guide-
lines shall be designed to establish programs which will be
effective in training individuals to enter instructional pro-
grams for police departments and shall include require-
ments for—
(1) individuals providing recruiting services;
(2) individuals providing tutorials and other
academic assistance programs;
150
(3) individuals providing retention services; and
(4) the content and duration of recruitment, re-
tention, and counseling programs and the means and
devices used to publicize such programs.
SEC. 1062. AUTHORIZATION OF APPROPRIATIONS.
For grants under section 1061 there are authorized to
be appropriated $6,000,000 for each of the fiscal years 1995
through 1999.
Subtitle H—National Triad
Program
SEC. 1065. FINDINGS.
The Congress finds that—
(1) older Americans are among the most rapidly
growing segments of our society;
(2) currently, older Americans comprise 15 per-
cent of our society, and predictions are that by the
turn of the century they will constitute 18 percent of
the Nation’s population;
(3) older Americans find themselves uniquely sit-
uated in the society, environmentally and physically;
(4) many older Americans are experiencing in-
creased social isolation due to fragmented and distant
familial relations, scattered associations, limited ac-
cess to transportation, and other insulating factors;
151
(5) physical conditions such as hearing loss, poor
eyesight, lessened agility, and chronic and debilitat-
ing illnesses often contribute to a senior citizen’s sus-
ceptibility to criminal victimization;
(6) older Americans are too frequently the vic-
tims of abuse and neglect, violent crime, property
crime, consumer fraud, medical quackery, and con-
fidence games;
(7) studies have found that older Americans that
are victims of violent crime are more likely to be in-
jured and require medical attention than are younger
victims;
(8) victimization data on crimes against older
Americans are incomplete and out of date, and data
sources are partial, scattered, and not easily obtained;
(9) although a few studies have attempted to de-
fine and estimate the extent of abuse and neglect of
older Americans, both in their homes and in institu-
tional settings, many experts believe that abuse and
neglect crimes are substantially underreported and
undetected;
(10) similarly, while some evidence suggests that
older Americans may be targeted in a range of fraud-
ulent schemes, neither the Uniform Crime Report nor
152
the 
National 
Crime 
Survey 
collects 
data 
on
individual- or household-level fraud;
(11) many law enforcement agencies do not have
model practices for responding to the criminal abuse
of older Americans;
(12) law enforcement officers and social service
providers come from different disciplines and fre-
quently bring different perspectives to the problem of
crimes against older Americans;
(13) the differences in approaches can inhibit a
genuinely effective response;
(14) there are a few efforts currently under way
that seek to forge partnerships to coordinate criminal
justice and social service approaches to victimization
of older Americans;
(15) the Triad program, sponsored by the Na-
tional Sheriffs’ Association (NSA), the International
Association of Chiefs of Police (IACP), and the Amer-
ican Association of Retired Persons (AARP), is one
such effort;
(16) the Assistant Secretary for Aging, as the
senior executive branch officer formulating older
Americans policy, is an appropriate leader in efforts
to reduce violent crime against older Americans; and
153
(17) recognizing that older Americans have the
same fundamental desire as other members of our so-
ciety to live freely, without fear or restriction due to
the criminal element, the Federal Government should
seek to expand efforts to reduce crime against this
growing and uniquely vulnerable segment of our pop-
ulation.
SEC. 1066. PURPOSES.
The purposes of this subtitle are—
(1) to support a coordinated effort among law
enforcement, older Americans organizations, and so-
cial service agencies to stem the tide of violence
against older Americans and support media and
nonmedia strategies aimed at increasing both public
understanding of the problem and the older Ameri-
cans’ skills in preventing crime against themselves
and their property; and
(2) to address the problem of crime against older
Americans in a systematic and effective manner by
promoting and expanding collaborative crime preven-
tion programs, such as the Triad model, that assist
law enforcement agencies and older Americans in im-
plementing specific strategies for crime prevention,
victim assistance, citizen involvement, and public
education.
154
SEC. 1067. NATIONAL ASSESSMENT AND DISSEMINATION.
(a) IN GENERAL.—The Director of the National Insti-
tute of Justice in consultation with the Assistant Secretary
for Aging shall conduct a qualitative and quantitative na-
tional assessment of—
(1) the nature and extent of crimes committed
against older Americans and the effect of such crimes
on the victims;
(2) the numbers, extent, and impact of violent
crimes and nonviolent crimes (such as frauds and
‘‘scams’’) against older Americans and the extent of
unreported crimes;
(3) the collaborative needs of law enforcement,
health, and social service organizations, focusing on
prevention of crimes against older Americans, to
identify, investigate, and provide assistance to vic-
tims of those crimes; and
(4) the development and growth of strategies to
respond effectively to the matters described in para-
graphs (1), (2), and (3).
(b) MATTERS TO BE ADDRESSED.—The national as-
sessment made pursuant to subsection (a) shall address—
(1) the analysis and synthesis of data from a
broad range of sources in order to develop accurate
information on the nature and extent of crimes
against older Americans, including identifying and
155
conducting such surveys and other data collection ef-
forts as are needed and designing a strategy to keep
such information current over time;
(2) institutional and community responses to el-
derly victims of crime, focusing on the problems asso-
ciated with fear of victimization, abuse of older Amer-
icans, and hard-to-reach older Americans who are in
poor health, are living alone or without family near-
by, or living in high crime areas;
(3) special services and responses required by el-
derly victims;
(4) whether the experience of older Americans
with some service organizations differs markedly from
that of younger populations;
(5) the kinds of programs that have proven use-
ful in reducing victimization of older Americans
through crime prevention activities and programs;
(6) the kinds of programs that contribute to suc-
cessful coordination among public sector agencies and
community organizations in reducing victimization
of older Americans; and
(7) the research agenda needed to develop a com-
prehensive understanding of the problems of crimes
against older Americans, including the changes that
156
can be anticipated in the crimes themselves and ap-
propriate responses as the society increasingly ages.
(c) AVOIDANCE OF DUPLICATION.—In conducting the
assessment under subsection (a), the Director of the Na-
tional Institute of Justice, in consultation with the Assist-
ant Secretary of Aging, shall draw upon the findings of ex-
isting studies and avoid duplication of efforts that have pre-
viously been made.
(d) DISSEMINATION.—Based on the results of the na-
tional assessment and analysis of successful or promising
strategies in dealing with the problems described in sub-
section (b) and other problems, including coalition efforts
such as the Triad programs described in section 1066, the
Director of the National Institute of Justice, in consultation
with the Assistant Secretary of Aging, shall disseminate the
results through reports, publications, clearinghouse services,
public service announcements, and programs of evaluation,
demonstration, training, and technical assistance.
SEC. 1068. PILOT PROGRAMS.
(a) AWARDS.—The Director of the Bureau of Justice
Assistance, in consultation with the Assistant Secretary of
Aging, shall make grants to coalitions of local law enforce-
ment agencies and older Americans to assist in the develop-
ment of programs and execute field tests of particularly
promising strategies for crime prevention services and relat-
157
ed services based on the concepts of the Triad model, which
can then be evaluated and serve as the basis for further dem-
onstration and education programs.
(b) TRIAD COOPERATIVE MODEL.—(1) Subject to
paragraph (2), a pilot program funded under this section
shall consist of a cooperative model, which calls for the par-
ticipation of the sheriff, at least 1 police chief, and a rep-
resentative of at least 1 older Americans’ organization with-
in a county and may include participation by general serv-
ice coalitions of law enforcement, victim service, and senior
citizen advocate second service organizations. If there exists
with the applicant county an area agency on aging as de-
fined in section 102(17) of the Older Americans Act of 1965,
the applicant county must include the agency as an organi-
zational component in its program.
(2) If there is not both a sheriff and a police chief in
a county or if the sheriff or a police chief do not participate,
a pilot program funded under this section shall include in
the place of the sheriff or police chief another key law en-
forcement official in the county such as a local prosecutor.
(c) APPLICATION.—A coalition that desires to establish
a pilot program under this section shall submit to the Di-
rector of the Bureau of Justice Assistance an application
that includes—
158
(1) a description of the community and its sen-
ior citizen population;
(2) assurances that Federal funds received under
this title shall be used to provide additional and ap-
propriate education and services to the community’s
older Americans;
(3) a description of the extent of involvement of
each organizational component (chief, sheriff (or other
law enforcement official), and senior organization
representative) and focus of the program;
(4) a comprehensive plan including—
(A) a description of the crime problems fac-
ing older Americans and need for expanded law
enforcement and victim assistance services;
(B) a description of the types of projects to
be developed or expanded;
(C) a plan for an evaluation of the results
of the program;
(D) a description of the resources (including
matching funds, in-kind services, and other re-
sources) available in the community to imple-
ment the program’s development or expansion;
(E) a description of the gaps that cannot be
filled with existing resources;
159
(F) an explanation of how the requested
grant will be used to fill those gaps; and
(G) a description of the means and methods
the applicant will use to reduce criminal victim-
ization of older persons; and
(5) funding requirements for implementing a
comprehensive plan.
(d) DISTRIBUTION OF GRANT AWARDS.—The Director
of the Bureau of Justice Assistance, in consultation with
the Assistant Secretary for Aging, shall attempt, to the ex-
tent practicable, to achieve an equitable geographic dis-
tribution of grant awards for pilot programs authorized
under this subtitle.
(e) POST-GRANT PERIOD REPORT.—A grant recipient
under this section shall, not later than 6 months after the
conclusion of the grant period, submit to the Director of
the Bureau of Justice Assistance a report that—
(1) describes the composition of organizations
that participated in the pilot program;
(2) identifies problem areas encountered during
the course of the pilot program;
(3) provides data comparing the types and fre-
quency of criminal activity before and after the grant
period and the effect of such criminal activity on
older Americans in the community; and
160
(4) describes the grant recipient’s plans and
goals for continuance of the program after the grant
period.
SEC. 1069. TRAINING ASSISTANCE, EVALUATION, AND DIS-
SEMINATION AWARDS.
In conjunction with the national assessment under sec-
tion 1067—
(1) the Director of the Bureau of Justice Assist-
ance, in consultation with the Assistant Secretary for
Aging, shall make awards to organizations with dem-
onstrated ability to provide training and technical
assistance in establishing crime prevention programs
based on the Triad model, for purposes of aiding in
the establishment and expansion of pilot programs
under this section;
(2) the Director of the National Institute of Jus-
tice, in consultation with the Assistant Secretary of
Aging, shall make awards to research organizations,
for the purposes of—
(A) evaluating the effectiveness of selected
pilot programs; and
(B) conducting the research and develop-
ment identified through the national assessment
as being critical; and
161
(3) the Director of the Bureau of Justice Assist-
ance, in consultation with the Assistant Secretary for
Aging, shall make awards to public service advertis-
ing coalitions, for the purposes of mounting a pro-
gram of public service advertisements to increase pub-
lic awareness and understanding of the issues sur-
rounding crimes against older Americans and pro-
moting ideas or programs to prevent them.
SEC. 1070. REPORT.
The Director of the Bureau of Justice Assistance, in
consultation with the Assistant Secretary for Aging, and
the Director of the National Institute of Justice shall submit
to Congress an annual report (which may be included with
the report submitted under section 102(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3712(b))) describing the results of the pilot programs
conducted under section 1068.
SEC. 1071. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated—
(1) $2,000,000 to the Bureau of Justice Assist-
ance for the purpose of making pilot program awards
in that amount under section 1068;
(2) $1,000,000 to the Bureau of Justice Assist-
ance for the purpose of funding the national training
162
and technical assistance effort under sections 1967
and 1068;
(3) $1,000,000 to the Bureau of Justice Assist-
ance and $1,000,000 to the Administration on Aging,
for the purpose of developing public service announce-
ments under sections 1067 and 1069;
(4) $2,000,000 to the National Institute of Jus-
tice for the purposes of conducting the national assess-
ment, evaluating pilot programs, and carrying out
the research agenda under sections 1067 and 1069;
and
(5) to the extent that funds are not otherwise
available for the purpose, such sums as are necessary
to pay the administrative costs of carrying out this
subtitle.
Subtitle I—Local Partnership Act
SEC. 1075. ESTABLISHMENT OF PAYMENT PROGRAM.
(a) 
ESTABLISHMENT
OF
PROGRAM.—Title 
31,
United States Code, is amended by inserting after chapter
65 the following:
‘‘CHAPTER 67—FEDERAL PAYMENTS
‘‘Sec.
‘‘6701. Payments to local governments.
‘‘6702. Local Government Fiscal Assistance Fund.
‘‘6703. Qualification for payment.
‘‘6704. State area allocations; allocations and payments to territorial govern-
ments.
‘‘6705. Local government allocations.
‘‘6706. Income gap multiplier.
‘‘6707. State variation of local government allocations.
163
‘‘6708. Adjustments of local government allocations.
‘‘6709. Information used in allocation formulas.
‘‘6710. Public participation.
‘‘6711. Prohibited discrimination.
‘‘6712. Discrimination proceedings.
‘‘6713. Suspension and termination of payments in discrimination proceedings.
‘‘6714. Compliance agreements.
‘‘6715. Enforcement by the Attorney General of prohibitions on discrimination.
‘‘6716. Civil action by a person adversely affected.
‘‘6717. Judicial review.
‘‘6718. Audits, investigations, and reviews.
‘‘6719. Reports.
‘‘6720. Definitions and application.
‘‘§ 6701. Payments to local governments
‘‘(a) PAYMENT AND USE.—
‘‘(1) PAYMENT.—The Secretary of the Treasury
shall pay to each unit of general local government
which qualifies for a payment under this chapter an
amount equal to the sum of any amounts allocated to
the government under this chapter for each payment
period. The Secretary shall pay such amount out of
the Local Government Fiscal Assistance Fund under
section 6702.
‘‘(2) USE.—Amounts paid to a unit of general
local government under this section shall be used by
that unit for carrying out one or more programs of
the unit related to—
‘‘(A) education to prevent crime;
‘‘(B) substance abuse treatment to prevent
crime;
‘‘(C) coordination of crime prevention pro-
grams funded under this title with other existing
164
Federal programs to meet the overall needs of
communities that benefit from funds received
under this section; or
‘‘(D) job program to prevent crime.
‘‘(b) TIMING
OF PAYMENTS.—They shall pay each
amount allocated under this chapter to a unit of general
local government for a payment period by the later of 60
days after the date the amount is available or the first day
of the payment period.
‘‘(c) ADJUSTMENTS.—(1) Subject to paragraph (2), the
Secretary shall adjust a payment under this chapter to a
unit of general local government to the extent that a prior
payment to the government was more or less than the
amount required to be paid.
‘‘(2) The Secretary may increase or decrease under this
subsection a payment to a unit of local government only
if the Secretary determines the need for the increase or de-
crease, or the unit requests the increase or decrease, within
one year after the end of the payment period for which the
payment was made.
‘‘(d) RESERVATION
FOR ADJUSTMENTS.—The Sec-
retary may reserve a percentage of not more than 0.5 per-
cent of the amount under this section for a payment period
for all units of general local government in a State if the
Secretary considers the reserve is necessary to ensure the
165
availability of sufficient amounts to pay adjustments after
the final allocation of amounts among the units of general
local government in the State.
‘‘(e) REPAYMENT OF UNEXPENDED AMOUNTS.—
‘‘(1) REPAYMENT REQUIRED.—A unit of general
local government shall repay to the Secretary, by not
later than November 15, 1995, any amount that is—
‘‘(A) paid to the unit from amounts appro-
priated for fiscal year 1995 under the authority
of this section; and
‘‘(B) not expended by the unit by October
31, 1995.
‘‘(2) DEPOSIT OF AMOUNTS REPAID.—Amounts
received by the Secretary as repayments under this
subsection shall be deposited in the general fund of the
Treasury as miscellaneous receipts.
‘‘(f) EXPENDITURE WITH DISADVANTAGED BUSINESS
ENTERPRISES.—
‘‘(1) GENERAL RULE.—Of amounts paid to a
unit of general local government under this chapter
for a payment period, not less than 10 percent of the
total combined amounts obligated by the unit for con-
tracts and subcontracts shall be expended with—
166
‘‘(A) small business concerns controlled by
socially and economically disadvantaged indi-
viduals and women; and
‘‘(B) historically Black colleges and univer-
sities and colleges and universities having a stu-
dent body in which more than 20 percent of the
students are Hispanic Americans or Native
Americans.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply to amounts paid to a unit of general local gov-
ernment to the extent the unit determines that the
paragraph does not apply through a process that pro-
vides for public participation.
‘‘(3) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) the term ‘small business concern’ has
the meaning such term has under section 3 of the
Small Business Act; and
‘‘(B) the term ‘socially and economically
disadvantaged individuals’ has the meaning such
term has under section 8(d) of the Small Busi-
ness Act and relevant subcontracting regulations
promulgated pursuant to that section.
‘‘(g) NONSUPPLANTING REQUIREMENT.—(1) Funds
made available under this chapter to units of local govern-
167
ment shall not be used to supplant State or local funds,
but will be used to increase the amount of funds that would,
in the absence of funds under this chapter, be made avail-
able from State or local sources.
‘‘(2) The total level of funding available to a unit of
local government for accounts serving eligible purposes
under this chapter in the fiscal year immediately preceding
receipt of a grant under this chapter shall be designated
the ‘base level account’ for the fiscal year in which grant
is received. Grants under this chapter in a given fiscal year
shall be reduced on a dollar for dollar basis to the extent
that a unit of local government reduces its base level ac-
count in that fiscal year.
‘‘(3) The Secretary shall issue regulations to imple-
ment this subsection.
‘‘§ 6702. Local Government Fiscal Assistance Fund
‘‘(a) ADMINISTRATION OF FUND.—The Department of
the Treasury has a Local Government Fiscal Assistance
Fund, which consists of amounts appropriated to the Fund.
‘‘(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are 
authorized 
to 
be 
appropriated 
to 
the 
Fund
$2,000,000,000 for fiscal years 1995 and 1996.
‘‘§ 6703. Qualification for payment
‘‘(a) IN GENERAL.—Under regulations issued by the
Secretary, a unit of general local government qualifies for
168
a payment under this chapter for a payment period only
after establishing to the satisfaction of the Secretary that—
‘‘(1) the government will establish a trust fund
in which the government will deposit all payments re-
ceived under this chapter;
‘‘(2) the government will use amounts in the
trust fund (including interest) during a reasonable
period specified in the regulations issued by the
Secretary;
‘‘(3) the government will expend the payments so
received, in accordance with the laws and procedures
that are applicable to the expenditure of revenues of
the government;
‘‘(4) if at least 25 percent of the pay of individ-
uals employed by the government in a public em-
ployee occupation is paid out of the trust fund, indi-
viduals in the occupation any part of whose pay is
paid out of the trust fund will receive pay at least
equal to the prevailing rate of pay for individuals
employed in similar public employee occupations by
the government;
‘‘(5) if at least 25 percent of the costs of a con-
struction project are paid out of the trust fund, labor-
ers and mechanics employed by contractors or sub-
contractors on the project will receive pay at least
169
equal to the prevailing rate of pay for similar con-
struction in the locality as determined by the Sec-
retary of Labor under the Act of March 3, 1931 (46
Stat. 1494 et seq.; popularly known as the Davis-
Bacon Act), and the Secretary of Labor shall act on
labor standards under this paragraph in a manner
that is in accordance with Reorganization Plan No.
14 of 1950 (64 Stat. 1267) and section 2 of the Act
of June 13, 1934 (48 Stat. 948);
‘‘(6) the government will use accounting, audit,
and fiscal procedures that conform to guidelines
which shall be prescribed by the Secretary after con-
sultation with the Comptroller General of the United
States;
‘‘(7) after reasonable notice to the government,
the government will make available to the Secretary
and the Comptroller General of the United States,
with the right to inspect, records the Secretary rea-
sonably requires to review compliance with this chap-
ter or the Comptroller General of the United States
reasonably requires to review compliance and oper-
ations under section 6718(b); and
‘‘(8) the government will make reports the Sec-
retary reasonably requires, in addition to the annual
reports required under section 6719(b).
171
‘‘(3) The Secretary may make a payment to a unit
of general local government notified under paragraph (1)
only if the Secretary is satisfied that the government—
‘‘(A) has taken the appropriate corrective action;
and
‘‘(B) will comply with subsection (a) and regula-
tions prescribed under subsection (a).
‘‘§ 6704. State area allocations; allocations and pay-
ments to territorial governments
‘‘(a) FORMULA ALLOCATION
BY STATE.—For each
payment period, the Secretary shall allocate to each State
out of the amount appropriated for the period under the
authority of section 6702(b) (minus the amounts allocated
to territorial governments under subsection (e) for the pay-
ment period) an amount bearing the same ratio to the
amount appropriated (minus such amounts allocated under
subsection (e)) as the amount allocated to the State under
this section bears to the total amount allocated to all States
under this section. The Secretary shall—
‘‘(1) determine the amount allocated to the State
under subsection (b) or (c) of this section and allocate
the larger amount to the State; and
‘‘(2) allocate the amount allocated to the State to
units of general local government in the State under
sections 6705 and 6706.
172
‘‘(b) GENERAL FORMULA.—(1) The amount allocated
to a State under this subsection for a payment period is
the amount bearing the same ratio to $5,300,000,000 as—
‘‘(A) the population of the State, multiplied by
the general tax effort factor of the State (determined
under paragraph (2)), multiplied by the relative in-
come factor of the State (determined under paragraph
(3)), multiplied by the relative rate of the labor force
unemployed in the State (determined under para-
graph (4)); bears to
‘‘(B) the sum of the products determined under
subparagraph (A) of this paragraph for all States.
‘‘(2) The general tax effort factor of a State for a pay-
ment period is—
‘‘(A) the net amount of State and local taxes of
the State collected during the years used by the Sec-
retary of Commerce in the most recent Bureau of the
Census general determination of State and local taxes
made before the beginning of the payment period; di-
vided by
‘‘(B) the total income of individuals, as deter-
mined by the Secretary of Commerce for national in-
come accounts purposes, attributed to the State for the
same years.
173
‘‘(3) The relative income factor of a State is a fraction
in which—
‘‘(A) the numerator is the per capita income of
the United States; and
‘‘(B) the denominator is the per capita income
of the State.
‘‘(4) The relative rate of the labor force unemployed
in a State is a fraction in which—
‘‘(A) the numerator is the percentage of the labor
force of the State that is unemployed (as determined
by the Secretary of Labor for general statistical pur-
poses); and
‘‘(B) the denominator is the percentage of the
labor force of the United States that is unemployed
(as determined by the Secretary of Labor for general
statistical purposes).
‘‘(c) ALTERNATIVE FORMULA.—The amount allocated
to a State under this subsection for a payment period is
the total amount the State would receive if—
‘‘(1) $1,166,666,667 were allocated among the
States on the basis of population by allocating to each
State an amount bearing the same ratio to the total
amount to be allocated under this paragraph as the
population of the State bears to the population of all
States;
174
‘‘(2) $1,166,666,667 were allocated among the
States on the basis of population inversely weighted
for per capita income, by allocating to each State an
amount bearing the same ratio to the total amount to
be allocated under this paragraph as—
‘‘(A) the population of the State, multiplied
by a fraction in which—
‘‘(i) the numerator is the per capita
income of all States; and
‘‘(ii) the denominator is the per capita
income of the State; bears to
‘‘(B) the sum of the products determined
under subparagraph (A) for all States;
‘‘(3) $600,000,000 were allocated among the
States on the basis of income tax collections by allo-
cating to each State an amount bearing the same
ratio to the total amount to be allocated under this
paragraph as the income tax amount of the State (de-
termined under subsection (d)(1)) bears to the sum of
the income tax amounts of all States;
‘‘(4) $600,000,000 were allocated among the
States on the basis of general tax effort by allocating
to each State an amount bearing the same ratio to the
total amount to be allocated under this paragraph as
the general tax effort amount of the State (determined
175
under subsection (d)(2)) bears to the sum of the gen-
eral tax effort amounts of all States;
‘‘(5) $600,000,000 were allocated among the
States on the basis of unemployment by allocating to
each State an amount bearing the same ratio to the
total amount to be allocated under this paragraph
as—
‘‘(A) the labor force of the State, multiplied
by a fraction in which—
‘‘(i) the numerator is the percentage of
the labor force of the State that is unem-
ployed (as determined by the Secretary of
Labor for general statistical purposes); and
‘‘(ii) the denominator is the percentage
of the labor force of the United States that
is unemployed (as determined by the Sec-
retary of Labor for general statistical pur-
poses);
bears to
‘‘(B) the sum of the products determined
under subparagraph (A) for all States; and
‘‘(6) $1,166,666,667 were allocated among the
States on the basis of urbanized population by allo-
cating to each State an amount bearing the same
ratio to the total amount to be allocated under this
176
paragraph as the urbanized population of the State
bears to the urbanized population of all States. In
this paragraph, the term ‘urbanized population’
means the population of an area consisting of a
central city or cities of at least 50,000 inhabitants
and the surrounding closely settled area for the city
or cities considered as an urbanized area by the Sec-
retary of Commerce for general statistical purposes.
‘‘(d) INCOME
TAX
AMOUNT
AND
TAX
EFFORT
AMOUNT.—(1) The income tax amount of a State for a pay-
ment period is 15 percent of the net amount collected during
the calendar year ending before the beginning of the pay-
ment period from the tax imposed on the income of individ-
uals by the State and described as a State income tax under
section 164(a)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 164(a)(3)). The income tax amount for a payment
period shall be at least 1 percent but not more than 6 per-
cent of the United States Government individual income
tax liability attributed to the State for the taxable year end-
ing during the last calendar year ending before the begin-
ning of the payment period. The Secretary shall determine
the Government income tax liability attributed to the State
on the same basis as the Secretary of the Treasury deter-
mines that liability for general statistical purposes.
177
‘‘(2) The general tax effort amount of a State for a
payment period is the amount determined by multiply-
ing—
‘‘(A) the net amount of State and local taxes of
the State collected during the years used by the Sec-
retary of Commerce in the most recent Bureau of the
Census general determination of State and local taxes
made before the beginning of the payment period; by
‘‘(B) the general tax effort factor of the State de-
termined under subsection (b)(2).
‘‘(e) ALLOCATION FOR PUERTO RICO, GUAM, AMER-
ICAN SAMOA, AND THE VIRGIN ISLANDS.—(1)(A) For each
payment period for which funds are available for allocation
under this chapter, the Secretary shall allocate to each terri-
torial government an amount equal to the product of 1 per-
cent of the amount of funds available for allocation multi-
plied by the applicable territorial percentage.
‘‘(B) For the purposes of this paragraph, the applica-
ble territorial percentage of a territory is equal to the
quotient resulting from the division of the territorial popu-
lation of such territory by the sum of the territorial popu-
lation for all territories.
‘‘(2) The governments of the territories shall make pay-
ments to local governments within their jurisdiction from
178
sums received under this subsection as they consider appro-
priate.
‘‘(3) For purposes of this subsection—
‘‘(A) the term ‘territorial government’
means the government of a territory;
‘‘(B) the term ‘territory’ means Puerto Rico,
Guam, American Samoa, and the Virgin Is-
lands; and
‘‘(C) the term ‘territorial population’ means
the most recent population for each territory as
determined by the Bureau of Census.
‘‘§ 6705. Local government allocations
‘‘(a) INDIAN TRIBES
AND ALASKAN NATIVES VIL-
LAGES.—If there is in a State an Indian tribe or Alaskan
native village having a recognized governing body carrying
out substantial governmental duties and powers, the Sec-
retary shall allocate to the tribe or village, out of the
amount allocated to the State under section 6704, an
amount bearing the same ratio to the amount allocated to
the State as the population of the tribe or village bears to
the population of the State. The Secretary shall allocate
amounts under this subsection to Indian tribes and Alaskan
native villages in a State before allocating amounts to units
of general local government in the State under subsection
(b).
179
‘‘(b) OTHER LOCAL GOVERNMENT ALLOCATIONS.—(1)
The Secretary shall allocate among the units of general local
government in a State (other than units receiving alloca-
tions under subsection (a)) the amount allocated to the
State under section 6704 (as that amount is reduced by al-
locations under subsection (a)). Of the amount to be allo-
cated, the Secretary shall allocate a portion equal to 1⁄2 of
such amount in accordance with section 6706(1), and shall
allocate a portion equal to 1⁄2 of such amount in accordance
with section 6706(2). A unit of general local government
shall receive an amount equal to the sum of amounts allo-
cated to the unit from each portion.
‘‘(2) From each portion to be allocated to units of local
government in a State under paragraph (1), the Secretary
shall allocate to a unit an amount bearing the same ratio
to the funds to be allocated as—
‘‘(A) the population of the unit, multiplied by
the general tax effort factor of the unit (determined
under paragraph (3)), multiplied by the income gap
of the unit (determined under paragraph (4)), bears
to
‘‘(B) the sum of the products determined under
subparagraph (A) for all units in the State for which
the income gap for that portion under paragraph (4)
is greater than zero.