I
#
103D CONGRESS
2D SESSION
H. R. 4092
To control and prevent crime.
IN THE HOUSE OF REPRESENTATIVES
MARCH 18, 1994
Mr. BROOKS (for himself, Mr. EDWARDS of California, Mr. HUGHES, and Mr.
SCHUMER) introduced the following bill; which was referred jointly to the
Committees on the Judiciary, Education and Labor, Energy and Com-
merce, Banking, Finance and Urban Affairs, and Government Operations
A BILL
To control and prevent crime.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SEC. 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 CON-
VICTED OF CERTAIN FELONIES
TITLE VI—VIOLENT REPEAT OFFENDER INCARCERATION
TITLE VII—DEATH PENALTY
TITLE VIII—HABEAS CORPUS REFORM
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 OFFEND-
ERS
TITLE XXII—JUVENILE DRUG TRAFFICKING AND GANG PREVEN-
TION GRANTS
TITLE XXIII—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR
STATE PRISONERS
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
sentencing hearing and determine if the victim
wishes to make a statement and to present any
information in relation to the sentence.’’;
(4) in the second to last sentence of subdivision
(a)(1), striking ‘‘equivalent opportunity’’ and insert-
ing in lieu thereof ‘‘opportunity equivalent to that of
the defendant’s counsel’’;
(5) in the last sentence of subdivision (a)(1) in-
serting ‘‘the victim,’’ before ‘‘or the attorney for the
Government.’’; and
(6) adding at the end the following:
‘‘(f) DEFINITIONS.—For purposes of this rule—
‘‘(1) ‘victim’ means any individual against
whom an offense for which a sentence is to be im-
posed has been committed, but the right of allocu-
tion under subdivision (a)(1)(D) may be exercised
instead by—
‘‘(A) a parent or legal guardian in case the
victim is below the age of eighteen years or in-
competent; or
‘‘(B) one or more family members or rel-
atives designated by the court in case the victim
is deceased or incapacitated;
if such person or persons are present at the sentenc-
ing hearing, regardless of whether the victim is
present; and
‘‘(3) Not more than 5 percent of a grant made
under this section may be used for the administra-
tion 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 insert-
ing ‘‘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 in-
serting ‘‘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 subsection:
‘‘(3) Not more than 5 percent of sums received
under subsection (a) may be used for the adminis-
tration 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
following 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 Sen-
ate Committee on Labor and Human Resources, and the
Committees on the Judiciary of the Senate and the House
of Representatives a report on the medical and psycho-
logical basis of ‘‘battered women’s syndrome’’ and on the
extent to which evidence of the syndrome has been consid-
ered 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 syn-
drome 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 follow-
ing:
‘‘(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 Im-
port 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 seri-
ous bodily injury to any person;
‘‘(4) the defendant was not an organizer, lead-
er, 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 use-
ful other information to provide shall not preclude or
require a determination by the court that the de-
fendant has complied with this requirement.’’.
(b) SENTENCING COMMISSION AUTHORITY.—
(1) IN GENERAL.—The United States Sentenc-
ing Commission (hereinafter in this section referred
to as the ‘‘Commission’’) may—
(A) make such amendments as the Com-
mission deems necessary to harmonize the sen-
tencing guidelines and policy statements with
this section 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 au-
thority under that section had not expired.
(c) EFFECTIVE
DATE
AND
APPLICATION.—The
amendment made by subsection (a) shall apply to all sen-
tences 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 sentenc-
ing guidelines with respect to cases where statutory mini-
mum sentences would apply but for section 3553(f) of title
18, United States Code, to carry out the purposes of such
section, 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 pris-
on, 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 SEC-
TION 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) in paragraph (e), by striking ‘‘of not more
than $300’’ and inserting ‘‘under this title’’;
(5) by modifying the left margin of each of
paragraphs (a) through (f) so that they are indented
2 ems;
(6) by redesignating paragraphs (a) through (f)
as paragraphs (1) through (6); and
(7) 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 activi-
ties affect interstate commerce
‘‘(a)(1) Whoever is engaged in the business of insur-
ance whose activities affect interstate commerce and
knowingly, with the intent to deceive, makes any false ma-
terial 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 of-
ficial 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 imprison-
ment 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 security jeopardized the safety and soundness of an in-
surer and was a significant cause of such insurer being
placed in conservation, rehabilitation, or liquidation by an
appropriate court.
‘‘(b)(1) Whoever—
‘‘(A) acting as, or being an officer, director,
agent, or employee of, any person engaged in the
business of insurance whose activities affect inter-
state 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
property 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 misappropria-
tion 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 liquidation by an appropriate court, such imprisonment
shall be not more than 15 years. If the amount or value
so embezzled, abstracted, purloined, or misappropriated
does not exceed $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 insur-
ance and whose activities affect interstate commerce or is
involved (other than as an insured or beneficiary under
a policy of insurance) in a transaction relating to the con-
duct of affairs of such a business, knowingly makes any
false entry of material fact in any book, report, or state-
ment of such person engaged in the business of insurance
with intent to deceive any person, including any officer,
employee, or agent of such person engaged in the business
of insurance, 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 condition or solvency of such business 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 the
false entry in any book, report, or statement of such per-
son 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, such imprisonment shall be not more than
15 years.
‘‘(d) Whoever, by threats or force or by any threaten-
ing letter or communication, corruptly influences, ob-
structs, or impedes or endeavors corruptly to influence, ob-
struct, 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 examine the affairs of a person engaged in
the business of insurance whose activities affect interstate
commerce, shall be fined as provided in this title or impris-
oned 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
subparagraph (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 in-
surance regulatory official authorized to regulate the in-
surer, 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 activi-
ties of persons who act as, or are, officers, directors,
agents, or employees of insurers or who are other
persons 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 Columbia 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
District of Columbia, the Commonwealth of Puerto
Rico, the Northern Mariana Islands, the Virgin Is-
lands, 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 sub-
ject to a civil penalty of not more than $50,000 for each
violation or the amount of compensation which the person
received or offered for the prohibited conduct, whichever
amount is greater. If the offense has contributed to the
decision of a court of appropriate jurisdiction to issue an
order directing the conservation, rehabilitation, or liquida-
tion of an insurer, such penalty shall be remitted to the
appropriate regulatory official for the benefit of the policy-
holders, claimants, and creditors of such insurer. The im-
position of a civil penalty under this subsection does not
preclude any other criminal or civil statutory, common
law, or administrative 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 of-
fense under section 1033, the Attorney General may peti-
tion an appropriate United States district court for an
order prohibiting that person from engaging in such con-
duct. The court may issue an order prohibiting that person
from engaging in such conduct if the court finds that the
conduct constitutes such an offense. The filing of a peti-
tion 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
PROCEEDINGS.—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 subpara-
graph (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 insur-
ance whose activities affect interstate com-
merce; 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 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,
with intent to obstruct a judicial proceeding, directly or
indirectly notifies any other person about the existence or
contents 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 conspiracy 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
amended—
(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 VIOLENT FEL-
ONS.—
‘‘(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 shall be sentenced to life im-
prisonment 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—
‘‘(i) a serious violent felony; or
‘‘(ii) one or more serious violent felo-
nies and one or more serious drug 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
committed after the defendant’s conviction of
the preceding 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 destroying any building, inhabited structure,
vehicle, 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
firearm was brandished, discharged, or other-
wise 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 com-
mitted, 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
described in sections 2241 and 2242 of
this title); abusive sexual contact (as de-
scribed in sections 2244 (a)(1) and (a)(2)
of this title); kidnapping; aircraft piracy
(as described in section 902(i)(2) or
902(n)(2) of the Federal Aviation Act of
1958); robbery (as described in section
2111 of this title); carjacking (as described
in section 2119 of this title); extortion;
arson; firearms use; or attempt, conspir-
acy, or solicitation to commit any of the
above offenses; 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 an-
other or that, by its nature, involves a sub-
stantial 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
provided 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 sub-
ject 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
paragraph (2)(F)(ii) shall not serve as a basis
for sentencing under this subsection if the de-
fendant establishes by clear and convincing evi-
dence that—
‘‘(i) no firearm or other dangerous
weapon was involved in the offense; and
‘‘(ii) the offense did not result in
death or serious bodily injury (as defined
in section 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
ATTORNEY.—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 sub-
section 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 ju-
risdiction 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 governing body of the tribe has elected that this
subsection 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 appro-
priate State or Federal procedure, to be unconstitu-
tional or is vitiated on the explicit basis of inno-
cence, or if the convicted person is pardoned on the
explicit basis of innocence, the person serving a sen-
tence imposed under this subsection shall be
resentenced to any sentence 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
2-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 dan-
ger to the safety of any other person or the
community, as provided under section
3142(g) of this title;’’.
TITLE VI—VIOLENT REPEAT
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 repeat 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
General which includes—
(1) assurances that the State or States, have
implemented, or will implement, correctional policies
and programs that are designed to provide suffi-
ciently severe punishment for violent repeat offend-
ers, including violent juvenile offenders, and that the
prison time served is appropriately related to the de-
termination that the inmate is a violent repeat of-
fender and for a period of time deemed necessary to
protect the public;
(2) assurances that the State or States have
implemented policies that provide for the recognition
of the rights and needs of crime victims;
(3) assurances that funds received under this
title will be used to develop, expand, modify, or im-
prove correctional facilities and programs to ensure
that prison cell space is available for the confine-
ment of violent repeat 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
programs, a prisoner screening and security classi-
fication system, prisoner rehabilitation and treat-
ment programs, prisoner work activities (including,
to the extent practicable, activities relating to the
development, expansion, modification, or improve-
ment of correctional facilities), and job skills pro-
grams, a pre-release prisoner assessment to provide
risk reduction management, post-release assistance,
and an assessment 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 facili-
ties and programs designed to ensure the incarcer-
ation of violent offenders;
(6) assurances that funds received under this
section 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 facili-
ties and programs.
(c) MATCHING REQUIREMENT.—The Federal share
of a grant received under this title may not exceed 75 per-
cent of the costs of a proposal described in an application
approved under this title.
SEC. 602. RULES AND REGULATIONS.
The Attorney General shall issue rules and regula-
tions 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
evaluation 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 1994 through
1998 to carry out the purposes of this title.
TITLE VII—DEATH PENALTY
SEC. 701. CONSTITUTIONAL PROCEDURES FOR THE IMPO-
SITION OF THE SENTENCE OF DEATH.
Part II of title 18 of the United States Code is
amended by adding the following new chapter after chap-
ter 227:
‘‘CHAPTER 228—DEATH SENTENCE
‘‘Sec.
‘‘3591. Sentence of death.
‘‘3592. Mitigating and aggravating factors to be considered in determining
whether 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
beyond a reasonable doubt at the hearing under sec-
tion 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 reck-
less 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 crimi-
nal enterprise offense under the conditions described
in subsection (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 section; 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 crimi-
nal enterprise offense under that section, where the
defendant is a principal administrator, organizer, or
leader of such an enterprise, and the defendant, in
order to obstruct the investigation or prosecution of
the enterprise or an offense involved in the enter-
prise, attempts to kill or knowingly directs, advises,
authorizes, or assists another to attempt to kill any
public officer, juror, witness, or members of the fam-
ily or household of such a person;
shall be sentenced to death if, after consideration of the
factors set forth in section 3592 in the course of a hearing
held pursuant to section 3593, it is determined that impo-
sition 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 wheth-
er a sentence of death is to be imposed on a defendant,
the finder of fact shall consider any mitigating factor, in-
cluding 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 con-
stitute 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
defense 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 defend-
ant’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 de-
fendant did not have a significant prior history of
other criminal conduct.
‘‘(6) DISTURBANCE.—The defendant committed
the offense under severe mental or emotional dis-
turbance.
‘‘(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
defendant’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
OF-
FENSE.—The defendant has previously been con-
victed of another offense involving espionage or trea-
son 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 know-
ingly created a grave risk of substantial danger to
the national 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
determining 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 fol-
lowing aggravating factors for which notice has been given
and determine 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
commission of, an offense under section 32 (destruc-
tion of aircraft or aircraft facilities), section 33 (de-
struction of motor vehicles or motor vehicle facili-
ties), section 36 (violence at international airports),
section 351 (violence against Members of Congress,
Cabinet officers, or Supreme Court Justices), an of-
fense under section 751 (prisoners in custody of in-
stitution or officer), section 794 (gathering or deliv-
ering defense information to aid foreign govern-
ment), section 844(d) (transportation of explosives
in interstate commerce for certain purposes), section
844(f) (destruction of Government property by ex-
plosives), section 1118 (prisoners serving life term),
section 1201 (kidnapping), section 844(i) (destruc-
tion of property affecting interstate commerce by ex-
plosives), section 1116 (killing or attempted killing
of diplomats), section 1203 (hostage taking), section
1992 (wrecking trains), section 2280 (maritime vio-
lence), section 2281 (maritime 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 Avia-
tion Act of 1958 (49 U.S.C. 1472 (i) or (n)) (air-
craft piracy).
‘‘(2) PREVIOUS CONVICTION OF VIOLENT FEL-
ONY 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 punish-
able by a term of imprisonment 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
offense 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 SERI-
OUS OFFENSES.—The defendant has previously been
convicted of two or more Federal or State offenses,
punishable 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 vic-
tim of the offense.
‘‘(6) HEINOUS, CRUEL, OR DEPRAVED MANNER
OF COMMITTING OFFENSE.—The defendant commit-
ted the offense in an especially heinous, cruel, or de-
praved manner in that it involved torture or serious
physical abuse to the victim.
‘‘(7) PROCUREMENT
OF
OFFENSE
BY
PAY-
MENT.—The defendant procured the commission of
the offense by payment, or promise of payment, of
anything of pecuniary value.
‘‘(8) PECUNIARY
GAIN.—The defendant com-
mitted the offense as consideration for the receipt,
or in the expectation of the receipt, of anything of
pecuniary 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
terrorism.
‘‘(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 convicted 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 convicted of engaging in a continuing criminal
enterprise.
‘‘(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 sec-
tion 408(c) of the Controlled Substances Act and
that violation 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 defend-
ant committed the offense against—
‘‘(A) the President of the United States,
the President-elect, the Vice President, the
Vice-President-elect, 
the 
Vice-President-des-
ignate, or, if there is no Vice President, the of-
ficer next in order of succession to the office of
the President of the United States, or any per-
son who is acting as President under the Con-
stitution 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 em-
ployee of a United States penal or correctional
institution—
‘‘(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
offense, and includes those engaged in correc-
tions, 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.
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
involving an offense described in section 3591, the attor-
ney for the government believes that the circumstances of
the offense 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
defendant is convicted, a sentence of death is justi-
fied 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 con-
victed, 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
offense on the victim and the victim’s family, and may
include oral testimony, a victim impact statement that
identifies 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 permit the notice to include any aggravat-
ing factor that is not an element of the underlying offense.
The court may also permit the attorney for the govern-
ment to amend the notice upon a showing of good cause.
‘‘(b) HEARING BEFORE A COURT OR JURY.—If the
attorney 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
unavailable, shall conduct a separate sentencing hearing
to determine the punishment to be imposed. The hearing
shall be conducted—
‘‘(1) before the jury that determined the de-
fendant’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 sen-
tence 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
hearing, information may be presented as to any matter
relevant to the sentence, including any mitigating or ag-
gravating factor permitted or required to be considered
under section 3592. Information presented may include
the trial transcript and exhibits if the hearing is held be-
fore a jury or judge not present during the trial. The de-
fendant may present any information relevant to a miti-
gating factor. The government may present any informa-
tion 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 argument 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 impos-
ing a sentence of death. The government shall open the
argument. The defendant shall be permitted to reply. The
government shall then be permitted to reply in rebuttal.
The burden of establishing the existence of any aggravat-
ing factor is on the government, and is not satisfied unless
the existence of such a factor is established beyond a rea-
sonable doubt. The burden 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 informa-
tion 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 aggra-
vating factor 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 es-
tablished. A finding with respect to any aggravating factor
must be unanimous. If no aggravating 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 SEN-
TENCE OF DEATH.—If, in the case of—
‘‘(1) an offense described in section 3591(1), an
aggravating factor required to be considered under
section 3592(b) is found to exist; or
‘‘(2) an offense described in section 3591(2), an
aggravating factor required to be considered under
section 3592(c) is found to exist,
the jury, or if there is no jury, the court, shall consider
whether all the aggravating factor or factors found to exist
sufficiently outweigh all the mitigating factor or factors
found to exist to justify a sentence of death, or, in the
absence of a mitigating factor, whether the aggravating
factor or factors alone are sufficient to justify a sentence
of death. Based upon this consideration, the jury by unan-
imous vote, or if there is no jury, the court, shall rec-
ommend whether the defendant should be sentenced to
death, to life imprisonment without possibility of release,
or to some other lesser sentence. The jury or the court,
if there is no jury, regardless of its findings with respect
to aggravating and mitigating factors, is never required
to impose a death sentence and the jury shall be so
instructed.
‘‘(f) SPECIAL PRECAUTION TO ENSURE AGAINST
DISCRIMINATION.—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 rec-
ommend a sentence of death unless it has concluded that
it would recommend a sentence of death for the crime in
question no matter what the race, color, religious beliefs,
national origin, or sex of the defendant or of any victim
may be. The jury, upon return of a finding under sub-
section (e), shall also return to the court a certificate,
signed by each juror, that consideration of the race, color,
religious beliefs, national origin, or sex of the defendant
or any victim was not involved in reaching his or her indi-
vidual decision and that the individual juror would have
made the same recommendation regarding a sentence for
the crime in question no matter what the race, color, reli-
gious 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 or life impris-
onment without possibility of release, the court shall sen-
tence the defendant accordingly. Otherwise, the court shall
impose any lesser sentence that is authorized by law. Not-
withstanding any other provision of law, if the maximum
term of imprisonment for the offense is life imprisonment,
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 influ-
ence of passion, prejudice, or any other arbitrary
factor and whether the evidence supports the special
finding of the existence of an aggravating factor re-
quired 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 find-
ing of the existence of the required aggravating
factor; 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 sen-
tenced 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 judg-
ment 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 implemen-
tation 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 sentence 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
imposed 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 purpose, may use the services of an appropriate State
or local official or of a person such an official employs
for the purpose, 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 Mar-
shals Service, and no employee providing services to that
department, bureau, or service under contract shall be re-
quired, as a condition of that employment or contractual
obligation, to be in attendance at or to participate in any
prosecution or execution under this section if such partici-
pation is contrary to the moral or religious convictions of
the employee. For purposes of this subsection, the term
‘participation’ includes personal preparation of the con-
demned individual and the apparatus used for execution
and supervision of the activities of other personnel in car-
rying 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
boundaries 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
chapter 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 AUTHOR-
IZED.
(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 pe-
riod at the end of the subsection and inserting ‘‘, ex-
cept that the sentence of death shall not be imposed
unless the jury or, if there is no jury, the court, fur-
ther finds that the offense resulted in the identifica-
tion by a foreign power (as defined in section 101(a)
of the Foreign Intelligence Surveillance Act of 1978)
of an individual acting as an agent of the United
States and consequently in the death of that individ-
ual, or directly concerned nuclear weaponry, military
spacecraft or satellites, early warning systems, or
other means of defense or retaliation against large-
scale attack; war plans; communications intelligence
or cryptographic 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 striking ‘‘any such person who is found guilty of
murder in the first degree shall be sentenced to im-
prisonment 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
person results, shall be punished by death or life im-
prisonment’’.
(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
punished by death if the verdict of the jury shall so
direct’’ and inserting ‘‘or if death results shall be
punished by death or life imprisonment’’.
(8) 
EXPLOSIVE
MATERIALS.—(A) 
Section
844(d) of title 18, United States Code, is amended
by striking ‘‘as provided in section 34 of this title’’.
(B) Section 844(f) of title 18, United States
Code, is amended by striking ‘‘as provided in section
34 of this title’’.
(C) Section 844(i) of title 18, United States
Code, is amended by striking ‘‘as provided in section
34 of this title’’.
(9) DEATH
PENALTY
FOR
THE
MURDER
OF
FEDERAL LAW ENFORCEMENT OFFICIALS.—Section
1114 of title 18, United States Code, is amended by
striking ‘‘punished as provided under sections 1111
and 1112 of this title,’’ and inserting ‘‘punished, in
the case of murder, by a sentence of death or life
imprisonment as provided under section 1111 of this
title, or, in the case of manslaughter, a sentence as
provided under section 1112 of this title,’’.
(b) CONFORMING AMENDMENT TO FEDERAL AVIA-
TION ACT OF 1954.—Section 903 of the Federal Aviation
Act of 1958 (49 U.S.C. 1473) is amended by striking sub-
section (c) and by striking the item relating to subsection
(c) in the table of contents at the beginning of such Act.
(c) AIRCRAFT AND MOTOR VEHICLES.—Section 34
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.
SEC. 703. AUTHORIZATION OF DEATH PENALTY FOR EXIST-
ING OFFENSES.
(a) HOSTAGE TAKING.—Section 1203(a) of title 18,
United States Code, is amended by inserting after ‘‘or for
life’’ the following: ‘‘and, if the death of any person re-
sults, shall be punished by death or life imprisonment’’.
(b) MURDER FOR HIRE.—Section 1958(a) of title 18,
United States Code, is amended by striking ‘‘and if death
results, shall be subject to imprisonment for any term of
years or for life, or shall be fined not more than $50,000,
or both’’ and inserting ‘‘and if death results, shall be pun-
ished by death or life imprisonment, or shall be fined
under this title, or both’’.
(c) RACKETEERING.—Section 1959(a)(1) of title 18,
United States Code, is amended to read as follows:
‘‘(1) for murder, by death or life imprisonment,
or a fine under this title, or both; and for kidnap-
ping, by imprisonment for any term of years or for
life, or a fine under this title, or both;’’.
(d) GENOCIDE.—Section 1091(b)(1) of title 18, Unit-
ed States Code, is amended by striking ‘‘, a fine of not
more than $1,000,000 and imprisonment for life;’’ and in-
serting ‘‘, 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, Unit-
ed States Code, is amended to read as follows:
‘‘(3) if death results, be punished by death or
imprisoned for any term of years or for life, fined
under this title, or both.’’
(f) DEATH PENALTY FOR RAPE AND CHILD MOLES-
TATION MURDERS.—
(1) OFFENSE.—Chapter 109A of title 18, Unit-
ed 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
chapter, 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 follow-
ing: ‘‘Whoever, in the course of an offense under this sec-
tion, engages in conduct that results in the death of a per-
son, shall be punished by death or imprisoned for any term
of years or for life.’’.
(h) HOMICIDES AND ATTEMPTED HOMICIDES IN-
VOLVING 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),
respectively;
(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 pun-
ished 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
WITNESSES.—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 JU-
RORS.—Section 1503 of title 18, United States Code, is
amended—
(1) by designating the current text as sub-
section (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 sec-
tion is—
‘‘(1) in the case of a killing, the punishment
provided 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, Unit-
ed 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
provided 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 approv-
ing prosecutions may not be delegated. No prosecution
shall be approved if prosecution has been previously un-
dertaken 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 strik-
ing ‘‘or 1116’’ and inserting ‘‘1116, or 1118’’.
(3) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 51 of title 18,
United 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 MUR-
DERS.—
(1) CONSPIRACY
AGAINST
RIGHTS.—Section
241 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.’’.
(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
amended in the matter following paragraph (5) by
inserting ‘‘, or may be sentenced to death’’ after ‘‘or
for life’’.
(4) DAMAGE
TO
RELIGIOUS
PROPERTY; OB-
STRUCTION 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 follow-
ing:
‘‘§ 1119. Murder by a Federal prisoner
‘‘(a) OFFENSE.—Whoever, while confined in a Fed-
eral correctional institution under a sentence for a term
of life imprisonment, commits the murder of another shall
be punished by death or by life imprisonment.
‘‘(b) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(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
commuted 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 follow-
ing:
‘‘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 follow-
ing:
‘‘§ 1120. Murder by escaped prisoners
‘‘(a) IN GENERAL.—Whoever, having escaped from
a Federal prison where such person was confined under
a sentence 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 follow-
ing:
‘‘(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 amend-
ed 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 sub-
section (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
imprisonment 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
officer, 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
performance of official duties;
‘‘(B) because of the performance of the
victim’s official duties; or
‘‘(C) because of the victim’s status as a
public 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
paragraph (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
transporting the incarcerated person interstate; or
‘‘(B) the incarcerated person is incarcerated
pursuant to a conviction for an offense against the
United 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
WITNESSES, 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 per-
son 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 commis-
sion or possible commission of a Federal offense or
a violation of conditions of probation, parole or re-
lease 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
provided 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
Immigration 
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 re-
lease radiation or radioactivity at a level dan-
gerous 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 per-
son 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 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
between 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 commit-
ted.
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 Mon-
treal 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 intimi-
dation;
‘‘(2) performs an act of violence against a per-
son 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 endanger 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
information 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 re-
sults, from conduct prohibited by this subsection, shall be
punished 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 navigation 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
United 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
between 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 commit-
ted.
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 com-
mitted an offense under Article 3 of the Convention for
the Suppression of Unlawful Acts Against the Safety of
Maritime Navigation may deliver such person to the au-
thorities of a State Party to that Convention. Before deliv-
ering such person to the authorities of another country,
the master shall notify in an appropriate manner the At-
torney General of the United States of the alleged offense
and await instructions from the Attorney General as to
what action to take. When delivering the person to a coun-
try which is a State Party to the Convention, the master
shall, whenever practicable, 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, the term—
‘‘(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
include a warship, a ship owned or operated by a
government 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
territorial 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
Marianas 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
platform by force or threat thereof or any other
form of intimidation;
‘‘(2) performs an act of violence against a per-
son on board a fixed platform if that act is likely to
endanger its safety;
‘‘(3) destroys a fixed platform or causes dam-
age 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 appar-
ent determination and will to carry the threat into execu-
tion, 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 Unit-
ed 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
between 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 commit-
ted.
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
customary 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
amendments 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 Conven-
tion; 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 Platforms 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
custody 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
profoundly the senses or the personality; (C) the
threat of imminent death; or (D) the threat that an-
other person will imminently be subjected to death,
severe physical pain or suffering, or the administra-
tion or application of mind altering substances or
other procedures 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 Fed-
eral 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 impris-
oned not more than twenty years, or both; and
‘‘(2) if death results to any person from con-
duct 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 Unit-
ed States, irrespective of the nationality of the vic-
tim or the alleged offender.
‘‘§ 2340B. Exclusive remedies
‘‘Nothing in this chapter shall be construed as pre-
cluding the application of State or local laws on the same
subject, nor shall anything in this chapter be construed
as creating 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
inserting 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 pros-
ecutions under the Uniform Code of Military Justice (10
U.S.C. 801).
SEC. 715. PROTECTION OF JURORS AND WITNESSES IN
CAPITAL CASES.
Section 3432 of title 18, United States Code, is
amended by inserting before the period the following: ‘‘,
except that such list of the veniremen and witnesses need
not be furnished if the court finds by a preponderance of
the evidence that providing the list may jeopardize the life
or safety of any person’’.
TITLE VIII—HABEAS CORPUS
REFORM
SEC. 801. FILING DEADLINES.
Section 2254 of title 28, United States Code, is
amended by adding at the end the following:
‘‘(g)(1) In the case of an applicant under sentence
of death, any application for habeas corpus relief under
this section must be filed in the appropriate district court
not later than 1 year after—
‘‘(A) the date of denial of a writ of certiorari,
if a petition for a writ of certiorari to the highest
court of the State on direct appeal or unitary review
of the conviction and sentence is filed, within the
time limits established by law, in the Supreme
Court;
‘‘(B) the date of issuance of the mandate of the
highest court of the State on direct appeal or uni-
tary review of the conviction and sentence, if a peti-
tion for a writ of certiorari is not filed, within the
time limits established by law, in the Supreme
Court; or
‘‘(C) the date of issuance of the mandate of the
Supreme Court, if on a petition for a writ of certio-
rari the Supreme Court grants the writ and disposes
of the case in a manner that leaves the capital sen-
tence undisturbed.
‘‘(2) The time requirements established by this sec-
tion shall be tolled—
‘‘(A) during any period in which the State has
failed to provide counsel as required in section 2257
of this chapter;
‘‘(B) during the period from the date the appli-
cant files an application for State postconviction re-
lief until final disposition of the application by the
State appellate courts, if all filing deadlines are met;
and
‘‘(C) during an additional period not to exceed
90 days, if counsel moves for an extension in the
district court that would have jurisdiction of a ha-
beas corpus application and makes a showing of
good cause.’’.
SEC. 802. STAYS OF EXECUTION IN CAPITAL CASES.
Section 2251 of title 28, United States Code, is
amended—
(1) by inserting ‘‘(a)(1)’’ before the first para-
graph;
(2) by inserting ‘‘(2)’’ before the second para-
graph; and
(3) by adding at the end the following:
‘‘(b) In the case of an individual under sentence of
death, a warrant or order setting an execution shall be
stayed upon application to any court that would have ju-
risdiction over an application for habeas corpus under this
chapter. The stay shall be contingent upon reasonable dili-
gence by the individual in pursuing relief with respect to
such sentence and shall expire if—
‘‘(1) the individual fails to apply for relief
under this chapter within the time requirements es-
tablished by section 2254(g) of this chapter;
‘‘(2) upon completion of district court and court
of appeals review under section 2254 of this chapter,
the application is denied and—
‘‘(A) the time for filing a petition for a
writ of certiorari expires before a petition is
filed;
‘‘(B) a timely petition for a writ of certio-
rari is filed and the Supreme Court denies the
petition; or
‘‘(C) a timely petition for certiorari is filed
and, upon consideration of the case, the Su-
preme Court disposes of it in a manner that
leaves the capital sentence undisturbed; or
‘‘(3) before a court of competent jurisdiction, in
the presence of counsel qualified under section 2257
of this chapter and after being advised of the con-
sequences of the decision, an individual waives the
right to pursue relief under this chapter.’’.
SEC. 803. LAW APPLICABLE.
(a) IN GENERAL.—Chapter 153 of title 28, United
States Code, is amended by adding at the end the
following:
‘‘§ 2256. Law applicable
‘‘(a) Except as provided in subsection (b), in an ac-
tion under this chapter, the court shall not apply a new
rule.
‘‘(b) A court shall apply a new rule, if the new rule—
‘‘(1) places the claimant’s conduct beyond the
power of the criminal law-making authority to pro-
scribe or punish with the sanction imposed; or
‘‘(2) requires the observance of procedures
without which the likelihood of an accurate convic-
tion or valid capital sentence is seriously diminished.
‘‘(c) As used in this section, the term ‘new rule’
means a clear break from precedent, announced by the
Supreme Court of the United States, that could not rea-
sonably have been anticipated at the time the claimant’s
sentence became final in State court. A rule is not ‘new’
merely because it was not dictated or compelled by the
precedents existing at that time or because, at that time,
it was susceptible to debate among reasonable minds.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 153 of title 28, United States
Code, is amended by adding at the end the following:
‘‘2256. Law applicable.’’.
SEC. 804. COUNSEL IN CAPITAL CASES; STATE COURT.
(a) IN GENERAL.—Chapter 153 of title 28, United
States Code, is amended by adding after the provision
added by section 804 of this subtitle the following:
‘‘§ 2257. Counsel in capital cases; State court
‘‘(a) Notwithstanding section 2254(d) of this chapter,
the court in an action under this chapter shall neither pre-
sume a finding of fact made in a State court proceeding
specified in subsection (b)(1) of this section to be correct
nor decline to consider a claim on the ground that it was
not raised in such a proceeding at the time or in the man-
ner prescribed by State law, unless—
‘‘(1) the relevant State maintains a mechanism
for providing legal services to indigents in capital
cases that meets the specifications in subsection (b)
of this section;
‘‘(2) if the applicant in the instant case was eli-
gible for the appointment of counsel and did not
waive such an appointment, the State actually ap-
pointed an attorney or attorneys to represent the ap-
plicant in the State proceeding in which the finding
of fact was made or the default occurred; and
‘‘(3) the attorney or attorneys so appointed
substantially met both the qualification standards
specified in subsection (b)(3)(A) or (b)(4) of this
section and the performance standards established
by the appointing authority.
‘‘(b) A mechanism for providing legal services to
indigents within the meaning of subsection (a)(1) of this
section shall include the following elements:
‘‘(1) The State shall provide legal services to—
‘‘(A) indigents charged with offenses for
which capital punishment is sought;
‘‘(B) indigents who have been sentenced to
death and who seek appellate, collateral, or uni-
tary review in State court; and
‘‘(C) indigents who have been sentenced to
death and who seek certiorari review of State
court judgments in the United States Supreme
Court.
‘‘(2) The State shall establish a counsel author-
ity, which shall be—
‘‘(A) a statewide defender organization;
‘‘(B) a resource center; or
‘‘(C) a counsel authority appointed by the
highest State court having jurisdiction over
criminal matters, consisting of members of the
bar with substantial experience in, or commit-
ment to, the representation of criminal defend-
ants in capital cases, and comprised of a bal-
30 days after receiving notice of the need for
the appointment from the relevant State court.
‘‘(4) An attorney who is not listed on the roster
shall be appointed only on the request of the client
concerned and in circumstances in which the attor-
ney requested is able to provide the client with qual-
ity legal representation.
‘‘(5) No counsel appointed pursuant to this sec-
tion to represent a prisoner in State postconviction
proceedings shall have previously represented the
prisoner at trial or on direct appeal in the case for
which the appointment is made, unless the prisoner
and counsel expressly request continued representa-
tion.
‘‘(6) The ineffectiveness or incompetence of
counsel appointed pursuant to this section during
State or Federal postconviction proceedings shall not
be a ground for relief in a proceeding arising under
section 2254 of this title. This limitation shall not
preclude the appointment of different counsel at any
phase of State or Federal postconviction proceed-
ings.
‘‘(7) Upon receipt of notice from the counsel
authority that an individual entitled to the appoint-
ment of counsel under this section has declined to
100
accept such an appointment, the court requesting
the appointment shall conduct, or cause to be con-
ducted, a hearing, at which the individual and coun-
sel proposed to be appointed under this section shall
be present, to determine the individual’s competency
to decline the appointment, and whether the individ-
ual has knowingly and intelligently declined it.
‘‘(8) Attorneys appointed pursuant to this sec-
tion shall be compensated on an hourly basis pursu-
ant to a schedule of hourly rates as periodically es-
tablished by the counsel authority after consultation
with the highest State court with jurisdiction over
criminal matters. Appointed counsel shall be reim-
bursed for expenses reasonably incurred in rep-
resenting the client, including the costs of law clerks,
paralegals, investigators, experts, or other support
services.
‘‘(9) Support services for staff attorneys of a
defender organization or resource center shall be
equal to the services listed in paragraph (8).’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 153 of title 28, United States
Code, is amended by adding after the provision added by
section 303 the following:
‘‘2257. Counsel in capital cases; State court.’’.
101
SEC. 805. SUCCESSIVE FEDERAL PETITIONS.
Section 2244(b) of title 28, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by inserting ‘‘, in the case of an applicant
not under sentence of death,’’ after ‘‘When’’; and
(3) by adding at the end the following:
‘‘(2) In the case of an applicant under sentence
of death, a claim presented in a second or successive
application, that was not presented in a prior appli-
cation under this chapter, shall be dismissed un-
less—
‘‘(A) the applicant shows that—
‘‘(i) the basis of the claim could not
have been discovered by the exercise of
reasonable diligence before the applicant
filed the prior application; or
‘‘(ii) the failure to raise the claim in
the prior application was due to action by
State officials in violation of the Constitu-
tion of the United States; and
‘‘(B) the facts underlying the claim would
be sufficient, if proven, to undermine the
court’s confidence in the applicant’s guilt of the
offense or offenses for which the capital sen-
102
tence was imposed, or in the validity of that
sentence under Federal law.’’.
SEC. 806. CERTIFICATES OF PROBABLE CAUSE.
The third paragraph of section 2253, of title 28,
United States Code, is amended to read as follows:
‘‘An appeal may not be taken to the court of
appeals from the final order in a habeas corpus pro-
ceeding where the detention complained of arises out
of process issued by a State court, unless the justice
or judge who rendered the order or a circuit justice
or judge issues a certificate of probable cause. How-
ever, an applicant under sentence of death shall have
a right of appeal without a certification of probable
cause, except after denial of a second or successive
application.’’.
SEC. 807. DUTIES OF THE DISTRICT COURT.
Section 2254(a) of title 28, United States Code, is
amended by adding at the end the following:
‘‘In adjudicating the merits of any such ground,
the court shall exercise independent judgment in
ascertaining the pertinent Federal legal standards
and in applying those standards to the facts and
shall not defer to a previous State court judgment
regarding a Federal legal standard or its application.
Upon request, the court shall permit the parties to
103
present evidence regarding material facts that were
not adequately developed in State court. The court
shall award relief with respect to any meritorious
constitutional ground, unless, in the case of a viola-
tion that can be harmless, the respondent shows that
the error was harmless beyond a reasonable doubt.’’.
SEC. 808. CLAIMS OF INNOCENCE.
(a) IN GENERAL.—Chapter 153 of title 28, United
States Code, is amended by adding after the provision
added by section 805 of this subtitle the following:
‘‘§ 2258. Claims of innocence
‘‘(a) At any time, and notwithstanding any other pro-
vision of law, a district court shall issue habeas corpus
relief on behalf of an applicant under sentence of death,
imposed either in Federal or in State court, who offers
credible newly discovered evidence which, had it been pre-
sented to the trier of fact or sentencing authority at trial,
would probably have resulted in—
‘‘(1) an acquittal of the offense for which the
death sentence was imposed; or
‘‘(2) a sentence other than death.
‘‘(b) An application filed pursuant to subsection (a)
shall offer substantial evidence which, if credible, would
establish one of the standards in subsection (a)(1) or (2).
An application that fails to do so may be dismissed.
104
‘‘(c) If the court concludes that an application meets
the requirements in subsection (b), the court shall—
‘‘(1) order the respondent to file an answer;
‘‘(2) permit the parties to conduct reasonable
discovery;
‘‘(3) conduct a hearing to resolve disputed is-
sues of fact; and
‘‘(4) upon request, issue a stay of execution
pending further proceedings in the district court and
on direct review of the district court’s judgment.
‘‘(d) If the court concludes that the applicant meets
the standards established by subsection (a)(1) or (2), the
court shall order his or her release, unless a new trial or,
in an appropriate case, a new sentencing proceeding, is
conducted within a reasonable time.
‘‘(e) If the court determines that the applicant is cur-
rently entitled to pursue other available and effective rem-
edies in either State or Federal court, the court may, at
the request of either party, suspend its consideration of
the application under this section until the applicant has
exhausted those remedies. A stay issued pursuant to sub-
section (c) shall remain in effect during such a suspension.
‘‘(f) An application under this section may be consoli-
dated with any other pending application under this chap-
ter, filed by the same applicant.’’.
105
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 153 of title 28, United States
Code, is amended by adding after the provision added by
section 304 of this subtitle the following:
‘‘2258. Claims of innocence.’’.
SEC. 809. PROCEDURAL DEFAULT IN STATE COURT.
Section 2254 of title 28, United States Code, is
amended by adding the following:
‘‘(h)(1) A district court shall decline to consider a
claim under this section if—
‘‘(A) the applicant previously failed to raise the
claim in State court at the time and in the manner
prescribed by State law; the State courts, for that
reason, refused or would refuse to entertain the
claim; such refusal would constitute an adequate and
independent State law ground that would foreclose
direct review of the State court judgment in the Su-
preme Court of the United States; and
‘‘(B) the applicant fails to show cause for the
failure to raise the claim in State court and preju-
dice to the applicant’s right to fair proceedings or to
an accurate outcome resulting from the alleged viola-
tion of the Federal right asserted, or that failure to
consider the claim would result in a miscarriage of
justice.
106
‘‘(2) The court shall not find cause in any case in
which it appears that the applicant or counsel deliberately
withheld a claim from the State courts for strategic pur-
poses. An applicant may establish cause by showing that—
‘‘(A) the factual basis of the claim could not
have been discovered by the exercise of reasonable
diligence before the applicant could have raised the
claim in State court;
‘‘(B) the claim relies on a decision of the Su-
preme Court of the United States, announced after
the applicant might have raised the claim in State
court; or
‘‘(C) the failure to raise the claim in State
court was due to interference by State officials,
counsel’s ignorance or neglect, or counsel’s ineffec-
tive assistance in violation of the Constitution.’’.
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 adding at the end thereof the follow-
ing new chapter:
107
‘‘CHAPTER 177—RACIALLY DISCRIMINATORY
CAPITAL SENTENCING
‘‘Sec.
‘‘2921. Prohibition against the execution of a sentence of death imposed on the
basis of race.
‘‘2922. Access to data on death eligible cases.
‘‘2923. Enforcement of the chapter.
‘‘2924. Construction of chapter.
‘‘§ 2921. 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
demonstrating that, at the time the death sentence was
imposed, race was a statistically significant factor in deci-
sions 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
sentence may include evidence that death sentences were,
at the time pertinent under subsection (b), being imposed
significantly more frequently in the jurisdiction in ques-
tion—
108
‘‘(1) upon persons of one race than upon per-
sons of another race; or
‘‘(2) as punishment for capital offenses against
persons of one race than as punishment for capital
offenses against persons of another race.
‘‘(d) VALIDITY OF EVIDENCE PRESENTED TO ES-
TABLISH AN INFERENCE.—If statistical evidence is pre-
sented to establish an inference that race was the basis
of a sentence of death, the court shall determine the valid-
ity of the evidence and if it provides a basis for the infer-
ence. Such evidence must take into account, to the extent
it is compiled and publicly made available, evidence of the
statutory aggravating factors of the crimes involved, and
shall include comparisons of similar cases involving per-
sons 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
government rebuts the inference by a preponderance of the
evidence. Unless it can show that the death penalty was
sought in all cases fitting the statutory criteria for imposi-
tion of the death penalty, the government cannot rely on
mere assertions 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.
109
‘‘§ 2922. 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.
‘‘§ 2923. Enforcement of the chapter
‘‘In any proceeding brought under section 2254, the
evidence supporting a claim under this chapter may be
presented in an evidentiary hearing and need not be set
forth in the petition. Notwithstanding section 2254, no de-
termination on the merits of a factual issue made by a
State court pertinent to any claim under section 2921
shall be presumed to be correct unless—
‘‘(1) the State is in compliance with section
2922;
‘‘(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
counsel and to the furnishing of investigative, expert
and other services necessary for the adequate devel-
opment 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.
110
‘‘§ 2924. Construction of chapter
‘‘Nothing contained in this chapter shall be construed
to affect in one way or the other the lawfulness of any
sentence of death that does not violate section 2921.’’.
(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 follow-
ing new item:
‘‘177. Racially Discriminatory Capital Sentencing ............... 2921.’’.
SEC. 902. ACTIONS BEFORE ENACTMENT.
No person shall be barred from raising any claim
under section 2921 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 en-
actment of the Act, nor by reason of any adjudication ren-
dered before 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
Services and the Secretary of Housing and Urban Devel-
opment, is authorized to award grants to not more than
111
15 chronic high intensive crime areas to develop com-
prehensive 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; and
(2) vary in approach to ensure that compari-
sons of different models may be made.
SEC. 1002. USES OF FUNDS.
(a) IN GENERAL.—Funds awarded under this sub-
title may be used only for purposes described in an ap-
proved application. The intent of grants under this subtitle
is to fund intensively comprehensive crime prevention pro-
grams in chronic high intensive crime areas.
112
(b) GUIDELINES.—The Attorney General shall issue
and publish in the Federal Register guidelines that de-
scribe suggested purposes for which funds under approved
programs 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
activities and programs for youth, deterioration or lack of
public facilities, inadequate public services such as public
transportation, street lighting, community-based sub-
stance 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
intensively 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 pur-
pose will address specific factors. The plan also shall speci-
fy how local nonprofit organizations, government agencies,
private businesses, citizens groups, volunteer organiza-
tions, and interested citizens will cooperate in carrying out
the purposes of the grant.
113
(c) EVALUATION.—An applicant shall include an
evaluation plan by which the success of the plan will be
measured, 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
General shall prepare and submit to the Committees on
the Judiciary of the House and Senate an evaluation of
the model programs developed under this subtitle and
make recommendations regarding the implementation of
a national crime prevention program.
SEC. 1006. DEFINITIONS.
For purposes of this subtitle:
114
(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
designated under regulations issued the Attorney
General. The criteria used by the Attorney General
in promulgating such regulations shall ensure ad-
ministrative efficiency and accountability in the ex-
penditure of funds and execution of funded projects
under this subtitle.
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.
115
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 Education, 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, and the Director of the Of-
fice 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
represented 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
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,
116
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
maintained 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 fund-
ing provided under this title shall be used primarily for—
(1) assistance in communities that are dis-
tressed as indicated by such factors as high
incidences of crime, juvenile delinquency, gang in-
volvement, substance abuse, unemployment, school
dropouts, or pregnancy among adolescents; and
(2) assistance for individuals in any area who
are particularly in need of the assistance for such
reasons as involvement in juvenile delinquency,
gangs, or substance abuse, unemployability, drop-
ping out of school, or pregnancy during adolescence,
or being at risk of such conditions.
117
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
spectrum of community-based and social service organiza-
tions that have a coordinated team approach to reducing
gang membership and the effects of substance abuse, and
providing alternatives to at-risk youth.
(c) DEFINITIONS.—For purposes of this section the
term ‘‘Secretary’’ means the Secretary of Health and
Human Resources.
118
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 or-
ganizations 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 chil-
dren in all States who are from families with in-
comes 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 appro-
priate State allocation determined under paragraph
(1) on a competitive basis to eligible community-
based organizations to pay for the Federal share of
assisting eligible communities to develop and carry
out programs in accordance with this section.
(3) REALLOCATION.—If, at the end of such a
fiscal year, the Secretary determines that funds allo-
cated for community-based organizations in a State
119
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
appropriated 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 organi-
zations to pay for the Federal share of assisting eligible
communities to develop and carry out programs in accord-
ance with this section.
SEC. 1016. PROGRAM REQUIREMENTS.
(a) LOCATION.—A community-based organization
that receives a grant under this section to assist in carry-
ing 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—
120
(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—
(A) shall include supervised sports pro-
grams, and extracurricular and academic pro-
grams, that are offered—
(i) after school and on weekends and
holidays, during the school year; and
(ii) as daily full-day programs (to the
extent 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
programs, arts and crafts, and health education and
service programs, dance programs, tutorial and
mentoring programs, and other related activities;
121
(3) may use such funds—
(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 as-
sistance and after-school programs (including
educational, social, and athletic activities), nu-
trition services, family counseling, and parental
training programs) that are designed to im-
prove academic and social development of at-
risk children by instituting a collaborative
structure that trains and coordinates the efforts
of teachers, administrators, social workers,
guidance counselors, parents, and school volun-
teers to provide concurrent social services for
at-risk students in the daily academic curricu-
lum at public schools in the eligible community;
and
(4) may not use such funds to provide sectarian
worship or instruction.
122
SEC. 1017. ELIGIBLE COMMUNITY IDENTIFICATION.
(a) IDENTIFICATION.—To be eligible to receive a
grant under this section, a community-based organization
shall 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 re-
ceive a grant under this section, a community-based orga-
nization shall submit an application to the Secretary at
such time, in such manner, and accompanied by such in-
formation, 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
provided 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-
123
based organization determines will best accomplish
the objectives of this section;
(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 com-
munity; 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 grad-
uation rates, school attendance, and academic
success of children in the eligible community,
and improving the skills of program partici-
pants;
(5) provide evidence of support for accomplish-
ing such goals and outcomes from—
(A) community leaders;
(B) businesses;
(C) local educational agencies;
124
(D) local officials;
(E) State officials; and
(F) other organizations that the commu-
nity-based organization determines to be appro-
priate;
(6) contain an assurance that the community-
based organization will use grant funds received
under this section to provide children in the eligible
community with activities and services that shall in-
clude supervised sports programs, and extra-
curricular and academic programs, in accordance
with section 1016(b);
(7) contain a list of the activities and services
that will be offered through the program for which
the grant is sought and sponsored by private non-
profit organizations, individuals, and groups serving
the eligible community, including—
(A) extracurricular and academic pro-
grams, such as programs described in section
1016(b)(2); and
(B) activities that address specific needs in
the community;
(8) demonstrate the manner in which the com-
munity-based organization will make use of the re-
sources, expertise, and commitment of private enti-
125
ties in carrying out the program for which the grant
is sought;
(9) include an estimate of the number of chil-
dren in the eligible community expected to be served
pursuant to the program;
(10) include a description of charitable private
resources, and all other resources, that will be made
available to achieve the goals of the program;
(11) contain an assurance that the community-
based organization will use competitive procedures
when purchasing, contracting, or otherwise providing
for goods, activities, or services to carry out pro-
grams under this section;
(12) contain an assurance that the program will
maintain a staff-to-participant ratio that is appro-
priate to the activity or service provided by the
program;
(13) contain an assurance that the community-
based organization will comply with any evaluation
under section 1023, any research effort authorized
under Federal law, and any investigation by the
Secretary;
(14) contain an assurance that the community-
based organization shall prepare and submit to the
126
Secretary an annual report regarding any program
conducted under this section;
(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
alcohol abuse counselors, teachers, or other per-
sons providing tutoring and college or voca-
tional 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 applica-
tions that demonstrate the greatest effort in generating
local support 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.
127
(b) EXCLUSION.—
(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, re-
ligion, sex, national origin, or disability.
(2) PARENTAL
APPROVAL.—To be eligible to
participate 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 pro-
gram. All information and application forms shall be
in a format and language accessible to and under-
standable 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.
128
(4) The private sector.
(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 Sec-
retary 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 section.
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.
129
(b) NON-FEDERAL SHARE.—
(1) IN
GENERAL.—The non-Federal share of
such costs may be in cash or in kind, fairly evalu-
ated, including plant, equipment, and services (in-
cluding 
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 section, 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.
130
(2) COMMUNITY-BASED
ORGANIZATION.—The
term ‘‘community-based organization’’ means a pri-
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 busi-
ness 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.
131
(3) ELIGIBLE COMMUNITY.—The term ‘‘eligible
community’’ means an area identified pursuant to
section 1024.
(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 section 1201(i) of the Higher Education Act of
1965 (20 U.S.C. 1141(i)), and a public secondary
school, as defined 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 Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,
132
American Samoa, Guam, and the United States Vir-
gin Islands.
PART III—ADMINISTRATION
SEC. 1025. TECHNICAL ASSISTANCE; TRAINING AND EVAL-
UATION.
(a) TECHNICAL ASSISTANCE AND TRAINING.—The
Secretary may provide technical assistance, training, and
evaluations 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 Sec-
retary may conduct or support evaluations of programs
that receive support under this subtitle, including assess-
ments of the effectiveness of the programs in reducing de-
linquency, gang involvement, substance abuse, school
dropout rates, and adolescent pregnancy, and in increas-
ing employability and employment.
SEC. 1026. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATIONS FOR PART I.—There are au-
thorized 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
133
part II, $230,000,000 for each of the fiscal years 1995
through 1999.
Subtitle C—Police Partnerships for
Children
SEC. 1030. DEFINITION.
As used in this subtitle, ‘‘partnership’’ means a coop-
erative arrangement or association involving one or more
law enforcement agencies, and one or more public or pri-
vate 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 serv-
ices components of the partnership that respond to
or deal with violent incidents in which a child is in-
volved as a perpetrator, witness, or victim, such as
teams or units that provide a 24-hour crisis response
or consultation service in relation to such incidents;
(2) training for law enforcement officers re-
garding behavior, psychology, family systems, and
community culture and attitudes that is relevant to
dealing with children who are involved in violent in-
134
cidents or at risk of involvement in such incidents,
or with families of such children; and
(3) programs for children and families that are
designed jointly by the law enforcement and child or
family services components of the partnership, in-
cluding programs providing 24-hour response to cri-
sis situations affecting children and such other pro-
grams as programs that provide training in non-
violent conflict resolution, after-school activity and
neighborhood recreation programs, parent support
groups that are led jointly by child or family services
and law enforcement personnel, and mentoring
programs.
(b) GRANTS
FOR POLICE RESIDENCE
IN HIGH
CRIME AREAS.—The Secretary of Housing and Urban De-
velopment, 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 owners of housing in high crime areas in order to pro-
vide dwelling units to law enforcement officers without
charge or at or substantially reduced rent for the purpose
of providing greater security for residents of high crime
areas.
135
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 Gen-
eral, for the purposes of section 1031(a), and the Sec-
retary of Housing and Urban Development, for purposes
of section 1031(b), may issue regulations and guidelines
to carry out this subtitle, including specifications concern-
ing application requirements, selection criteria, duration
and renewal of grants, evaluation requirements, matching
funds, limitation 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 en-
forcement agency or public or private child or
family services agency that is participating in a
partnership and seeking support on behalf of
the partnership;
136
(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;
(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-
137
plant, State and local sources of funding that
would otherwise be available; and
(D) provide assurances that local police of-
ficers will not be required to reside in resi-
dences funded under this subtitle.
(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 sub-
section of a non-Federal contribution to the costs of a
program.
(e) FUNDING PRIORITY.—In making grants under
section 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
Attorney General may provide technical assistance and
training to further the purposes of this subtitle.
138
(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
evaluations of programs that receive support under this
subtitle.
(c) ADMINISTRATION.—The technical assistance,
training, and evaluations authorized by this section may
be carried out directly by the Attorney General, or through
grants, 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
General of the United States, the Secretary of Labor, and
the Secretary of Education, shall make grants, to the ex-
139
tent that amounts are approved in appropriations Acts
under subsection (k), to eligible entities to assist such enti-
ties 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:
(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);
140
(2) for salaries for administrators and staff of
the program;
(3) for other administrative costs of the pro-
gram, 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)(9).
(d) PROGRAM REQUIREMENTS.—Each eligible entity
receiving a grant under subsection (a) shall establish a
midnight 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 as-
sisted 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.
141
(C) A high incidence of persons infected
with the human immunodeficiency virus or sex-
ually 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.
(4) The program shall require each player in
the league to attend employment counseling, job
training, and other educational classes provided
under the program, which shall be held in conjunc-
tion 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, 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
142
individuals or businesses in the neighborhood or
community served by the program who make finan-
cial contributions to the program and participate in
or supplement the employment, job training, and
educational services provided to the players under
the program with additional training or educational
opportunities.
(7) The program shall comply with any criteria
established by the Secretary of Housing and Urban
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
applicant 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:
143
(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 sufficient to provide not less than 50
percent of the cost of carrying out the midnight
sports league program.
(2) NON-FEDERAL
FUNDS.—For purposes of
this subsection, the term ‘‘funds from non-Federal
sources’’ includes amounts from nonprofit organiza-
tions, public housing agencies, States, units of gen-
eral local government, and Indian housing authori-
ties, private contributions, 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 Secretary of Housing and Urban
Development, in consultation with the Attorney Gen-
eral, the Secretary of Labor, the Secretary of Edu-
cation, and with the Advisory Committee), the value
of any donated material, equipment, or building, the
value of any lease on a building, the value of any
144
utilities provided, and the value of any time and
services contributed by volunteers 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, in consultation with the Attorney Gen-
eral, the Secretary 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 exceeding $125,000.
(5) DISBURSEMENT.—Each grant made under
subsection (a)(1) shall be disbursed to the eligible
entity receiving the grant over the 5-year period be-
ginning on the date that the entity is selected to re-
ceive 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.
145
(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 Sec-
retary of Education, and with the Advisory Committee,
which shall include—
(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 serv-
ice 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
community served by the program who have ex-
147
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 Secretary of Housing and Urban Development, in con-
sultation 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 sub-
section. 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 Secretary of Labor, and the Sec-
retary of Education, shall require such entity to submit
a report describing the study and any conclusions and rec-
ommendations 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
148
(2) the term ‘‘federally assisted low-income
housing’’ 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 pri-
vate entities, for programs that involve continuing judicial
supervision over specified categories of persons with sub-
stance abuse problems, and that involve the integrated ad-
ministration 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
149
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
consult 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 Gen-
eral may issue regulations and guidelines to carry out this
subtitle, 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.
150
(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
implementation 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
available;
(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;
(6) specify plans for obtaining necessary sup-
port and continuing the proposed program following
the conclusion of Federal support; and
(7) describe the methodology that will be uti-
lized in evaluating the program.
151
SEC. 1043. TECHNICAL ASSISTANCE, TRAINING, AND EVAL-
UATION.
(a) TECHNICAL ASSISTANCE AND TRAINING.—The
Attorney General may provide technical assistance and
training 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 sub-
title.
(c) ADMINISTRATION.—The technical assistance,
training, and evaluations authorized by this section may
be carried out directly by the Attorney General, in collabo-
ration 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.
Subtitle F—Assistance for
Delinquent and At-Risk Youth
SEC. 1051. GRANT AUTHORITY.
(a) IN GENERAL.—(1) In order to prevent the com-
mission of crimes or delinquent acts by juveniles, the At-
torney General may make grants to public or private non-
152
profit organizations to support the development and oper-
ation 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
justice system; or
(C) are at risk of dropping out of school or
coming 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
applicant and the school which each such youth at-
tends or should attend; and
(D) provide such youth with vocational and life
skills.
(b) APPLICATIONS.—(1) A public agency or private
nonprofit organization which desires a grant under this
section shall submit an application at such time and in
such manner as the Attorney General may prescribe.
(2) Such application shall include—
153
(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 re-
gard to safety;
(ii) will include academic instruction, ap-
proved by the State or local educational agency,
which meets or exceeds State and local stand-
ards 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.
(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
154
(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 pro-
gram, including the degree to which the specific youth out-
comes 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 de-
signed to recruit and retain applicants of police depart-
ments.
(b) QUALIFIED COMMUNITY ORGANIZATIONS.—An
organization is a qualified community organization which
is eligible to receive a grant under subsection (a) if the
organization—
(1) is a non-profit organization; and
(2) has training and experience in—
155
(A) working with a police department and
with teachers, counselors, and similar person-
nel,
(B) providing services to the community in
which the organization is located,
(C) developing and managing services and
techniques to recruit individuals to become
members of a police department and to assist
such individuals in meeting the membership re-
quirements of police departments,
(D) developing and managing services and
techniques to assist in the retention of appli-
cants to police departments, and
(E) developing other programs that con-
tribute 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 re-
cruit and retain applicants to a police department;
(2) the program provides recruiting services
which include tutorial programs to enable individuals
156
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
problems throughout the application process; and
(4) the program provides retention services to
assist in retaining individuals to stay in the applica-
tion process of a police department.
(d) APPLICATIONS.—To qualify for a grant under
subsection (a), a qualified organization shall submit an ap-
plication to the Attorney General in such form as the At-
torney 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
population to be served, including age, disabil-
ity, race, ethnicity, and languages used; and
(2) contain assurances satisfactory to the Attor-
ney General that the program for which a grant is
made will meet the applicable requirements of the
157
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 in-
volved 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
recognized and addressed.
(g) GRANT PERIOD.—A grant under subsection (a)
shall be made for a period not longer than 3 years.
158
(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 ac-
tivities 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
report required by this subsection or uses the grant for
a purpose not authorized by this section.
(i) GUIDELINES.—The Attorney General shall, by
regulation, prescribe guidelines on content and results for
programs receiving a grant under subsection (a). Such
guidelines shall be designed to establish programs which
will be effective in training individuals to enter instruc-
tional programs for police departments and shall include
requirements for—
(1) individuals providing recruiting services;
(2) individuals providing tutorials and other
academic assistance programs;
(3) individuals providing retention services; and
159
(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
situated in the society, environmentally and phys-
ically;
(4) many older Americans are experiencing in-
creased social isolation due to fragmented and dis-
tant familial relations, scattered associations, limited
access to transportation, and other insulating
factors;
160
(5) physical conditions such as hearing loss,
poor eyesight, lessened agility, and chronic and de-
bilitating illnesses often contribute to a senior citi-
zen’s susceptibility 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 injured 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
define and estimate the extent of abuse and neglect
of older Americans, both in their homes and in insti-
tutional 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
fraudulent schemes, neither the Uniform Crime Re-
161
port nor 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 crimi-
nal justice and social service approaches to victim-
ization 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
American 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
162
(17) recognizing that older Americans have the
same fundamental desire as other members of our
society 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 seg-
ment of our population.
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 man-
ner by promoting and expanding collaborative crime
prevention programs, such as the Triad model, that
assist law enforcement agencies and older Americans
in implementing specific strategies for crime preven-
tion, victim assistance, citizen involvement, and pub-
lic education.
163
SEC. 1067. NATIONAL ASSESSMENT AND DISSEMINATION.
(a) IN GENERAL.—The Director of the National In-
stitute of Justice in consultation with the Assistant Sec-
retary for Aging shall conduct a qualitative and quan-
titative national 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
164
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 as-
sociated with fear of victimization, abuse of older
Americans, and hard-to-reach older Americans who
are in poor health, are living alone or without family
nearby, or living in high crime areas;
(3) special services and responses required by
elderly 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
successful coordination among public sector agencies
and community organizations in reducing victimiza-
tion of older Americans; and
(7) the research agenda needed to develop a
comprehensive understanding of the problems of
crimes against older Americans, including the
changes that can be anticipated in the crimes them-
165
selves and appropriate responses as the society in-
creasingly ages.
(c) AVOIDANCE
OF DUPLICATION.—In conducting
the assessment under subsection (a), the Director of the
National Institute of Justice, in consultation with the As-
sistant Secretary of Aging, shall draw upon the findings
of existing studies and avoid duplication of efforts that
have previously 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 sections 1065
and 1066, the Director of the National Institute of Jus-
tice, 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 tech-
nical 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 en-
forcement agencies and older Americans to assist in the
development of programs and execute field tests of par-
166
ticularly promising strategies for crime prevention services
and related services based on the concepts of the Triad
model, which can then be evaluated and serve as the basis
for further demonstration 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
participation of the sheriff, at least 1 police chief, and a
representative of at least 1 older Americans’ organization
within a county and may include participation by general
service 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 defined in section 102(17) of the Older Ameri-
cans Act of 1965, the applicant county must include the
agency as an organizational 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 partici-
pate, a pilot program funded under this section shall in-
clude in the place of the sheriff or police chief another
key law enforcement official in the county such as a local
prosecutor.
(c) APPLICATION.—A coalition or Triad program that
desires to establish a pilot program under this section
167
shall submit to the Director of the Bureau of Justice As-
sistance an application that includes—
(1) a description of the community and its sen-
ior citizen population;
(2) assurances that Federal funds received
under this part shall be used to provide additional
and appropriate education and services to the com-
munity’s older Americans;
(3) a description of the extent of involvement of
each organizational component (chief, sheriff (or
other law enforcement official), and senior organiza-
tion representative) and focus of the Triad program;
(4) a comprehensive plan including—
(A) a description of the crime problems
facing 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 Triad endeavors;
(D) a description of the resources (includ-
ing matching funds, in-kind services, and other
resources) available in the community to imple-
ment the Triad development or expansion;
168
(E) a description of the gaps that cannot
be filled with existing resources;
(F) an explanation of how the requested
grant will be used to fill those gaps; and
(G) a description of the means and meth-
ods the applicant will use to reduce criminal
victimization of older persons; and
(5) funding requirements for implementing a
comprehensive plan.
(d) DISTRIBUTION OF GRANT AWARDS.—The Direc-
tor of the Bureau of Justice Assistance, in consultation
with the Assistant Secretary for Aging, shall attempt, to
the extent practicable, to achieve an equitable geographic
distribution of grant awards for pilot programs authorized
under this subtitle.
(e) POST-GRANT PERIOD REPORT.—A grant recipi-
ent 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
169
grant period and the effect of such criminal activity
on older Americans in the community; and
(4) describes the grant recipient’s plans and
goals for continuance of the Triad program after the
grant period.
SEC. 1069. TRAINING ASSISTANCE, EVALUATION, AND DIS-
SEMINATION AWARDS.
In conjunction with the national assessment under
section 1067—
(1) the Director of the Bureau of Justice As-
sistance, in consultation with the Assistant Secretary
for Aging, shall make awards to organizations with
demonstrated ability to provide training and tech-
nical assistance in establishing crime prevention pro-
grams based on the Triad model, for purposes of
aiding in the establishment and expansion of pilot
programs under this section; and
(2) the Director of the National Institute of
Justice, in consultation with the Assistant Secretary
of Aging, shall make awards to research organiza-
tions, for the purposes of—
(A) evaluating the effectiveness of selected
pilot programs; and
170
(B) conducting the research and develop-
ment identified through the national assessment
as being critical; and
(3) the Director of the Bureau of Justice As-
sistance, in consultation with the Assistant Secretary
for Aging, shall make awards to public service adver-
tising coalitions, for the purposes of mounting a pro-
gram of public service advertisements to increase
public awareness and understanding of the issues
surrounding crimes against older Americans and
promoting 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 sub-
mit 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 Triad pilot program
awards in that amount under section 1068;
171
(2) $1,000,000 to the Bureau of Justice Assist-
ance for the purpose of funding the national training
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
announcements under sections 1067 and 1069;
(4) $2,000,000 to the National Institute of Jus-
tice for the purposes of conducting the national as-
sessment, 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 nec-
essary 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.
172
‘‘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.
‘‘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 pay-
ment 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; or
‘‘(B) substance abuse treatment to prevent
crime.
173
‘‘(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 decrease, 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 pe-
riod for all units of general local government in a State
if the Secretary considers the reserve is necessary to en-
sure the availability of sufficient amounts to pay adjust-
ments after the final allocation of amounts among the
units of general local government in the State.
‘‘(e) REPAYMENT OF UNEXPENDED AMOUNTS.—
174
‘‘(1) REPAYMENT REQUIRED.—A unit of gen-
eral 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 BUSI-
NESS 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
contracts and subcontracts shall be expended with—
‘‘(A) small business concerns controlled by
socially and economically disadvantaged individ-
uals and women; and
‘‘(B) historically Black colleges and univer-
sities and colleges and universities having a stu-
175
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
provides 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
Business Act and relevant subcontracting regu-
lations promulgated pursuant to that section.
‘‘(g) NONSUPPLANTING REQUIREMENT.—(1) Funds
made available under this chapter to units of local govern-
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
available from State or local sources.
176
‘‘(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
a payment under this chapter for a payment period only
after establishing to the satisfaction of the Secretary
that—
177
‘‘(1) the government will establish a trust fund
in which the government will deposit all payments
received 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 proce-
dures that are applicable to the expenditure of reve-
nues 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, la-
borers and mechanics employed by contractors or
subcontractors on the project will receive pay at
least equal to the prevailing rate of pay for similar
construction in the locality as determined by the
178
Secretary 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
chapter or the Comptroller General of the United
States reasonably requires to review compliance and
operations 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).
‘‘(b) REVIEW BY GOVERNORS.—A unit of general
local government shall give the chief executive officer of
180
‘‘(A) has taken the appropriate corrective ac-
tion; and
‘‘(B) will comply with subsection (a) and regu-
lations 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
payment 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.
‘‘(b) GENERAL FORMULA.—(1) The amount allocated
to a State under this subsection for a payment period is
181
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 (deter-
mined under paragraph (2)), multiplied by the rel-
ative income factor of the State (determined under
paragraph (3)), multiplied by the relative rate of the
labor force unemployed in the State (determined
under paragraph (4)); bears to
‘‘(B) the sum of the products determined under
subclause (A) of this paragraph for all States.
‘‘(2) The general tax effort factor of a State for a
payment 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; divided 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.
‘‘(3) The relative income factor of a State is a frac-
tion in which—
182
‘‘(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 de-
termined by the Secretary of Labor for general sta-
tistical purposes); 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 allo-
cated to a State under this subsection for a payment pe-
riod 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;
‘‘(2) $1,166,666,667 were allocated among the
States on the basis of population inversely weighted
183
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, multi-
plied 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
(determined 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 allocat-
ing to each State an amount bearing the same ratio
to the total amount to be allocated under this para-
graph as the general tax effort amount of the State
(determined under subsection (d)(2)) bears to the
sum of the general tax effort amounts of all States;
184
‘‘(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, multi-
plied by a fraction in which—
‘‘(i) the numerator is the percentage
of the labor force of the State that is un-
employed (as determined by the Secretary
of Labor for general statistical purposes);
and
‘‘(ii) the denominator is the percent-
age of the labor force of the United States
that is unemployed (as determined by the
Secretary of Labor for general statistical
purposes);
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
paragraph as the urbanized population of the State