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SEC. 4914. AVAILABILITY OF LINES OF CREDIT AND USE.
(a) APPROVAL OF APPLICATION.—The Secretary shall
provide a community development corporation that has an
application approved under section 4913 with a line of
credit in an amount determined appropriate by the Sec-
retary, subject to the limitations contained in subsection
(b).
(b) LIMITATIONS ON AVAILABILITY OF AMOUNTS.—
(1) MAXIMUM AMOUNT.—The Secretary shall not
provide in excess of $2,000,000 in lines of credit
under this subtitle to a single applicant.
(2) PERIOD OF AVAILABILITY.—A line of credit
provided under this subtitle shall remain available
over a period of time established by the Secretary, but
in no event shall any such period of time be in excess
of 3 years from the date on which such line of credit
is made available.
(3) EXCEPTION.—Notwithstanding paragraphs
(1) and (2), if a recipient of a line of credit under
this subtitle has made full and productive use of such
line of credit, can demonstrate the need and demand
for additional assistance, and can meet the require-
ments of section 4912(b)(2), the amount of such line
of credit may be increased by not more than
$1,500,000.
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(c) AMOUNTS DRAWN FROM LINE
OF CREDIT.—
Amounts drawn from each line of credit under this subtitle
shall be used solely for the purposes described in section
4911 and shall only be drawn down as needed to provide
loans, investments, or to defray administrative costs related
to the establishment of a revolving loan fund.
(d) USE
OF REVOLVING LOAN FUNDS.—Revolving
loan funds established with lines of credit provided under
this subtitle may be used to provide technical assistance to
private business enterprises and to provide financial assist-
ance in the form of loans, loan guarantees, interest reduc-
tion assistance, equity shares, and other such forms of as-
sistance to business enterprises in target areas and who are
in compliance with section 4913(a)(4).
SEC. 4915. LIMITATIONS ON USE OF FUNDS.
(a) MATCHING REQUIREMENT.—Not to exceed 50 per-
cent of the total amount to be invested by an entity under
this subtitle may be derived from funds made available from
a line of credit under this subtitle.
(b) TECHNICAL ASSISTANCE AND ADMINISTRATION.—
Not to exceed 10 percent of the amounts available from a
line of credit under this subtitle shall be used for the provi-
sion of training or technical assistance and for the plan-
ning, development, and management of economic develop-
ment projects. Community development corporations shall
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be encouraged by the Secretary to seek technical assistance
from other community development corporations, with ex-
pertise in the planning, development and management of
economic development projects. The Secretary shall assist
in the identification and facilitation of such technical as-
sistance.
(c) LOCAL AND PRIVATE SECTOR CONTRIBUTIONS.—
To receive funds available under a line of credit provided
under this subtitle, an entity, using procedures established
by the Secretary, shall demonstrate to the community devel-
opment corporation that such entity agrees to provide local
and private sector contributions in accordance with section
4912(b)(2)(D), will participate with such community devel-
opment corporation in a loan, guarantee or investment pro-
gram for a designated business enterprise, and that the total
financial commitment to be provided by such entity is at
least equal to the amount to be drawn from the line of cred-
it.
(d) USE OF PROCEEDS FROM INVESTMENTS.—Pro-
ceeds derived from investments made using funds made
available under this subtitle may be used only for the pur-
poses described in section 4911 and shall be reinvested in
the community in which they were generated.
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SEC. 4916. PROGRAM PRIORITY FOR SPECIAL EMPHASIS
PROGRAMS.
(a) IN GENERAL.—The Secretary shall give priority
in providing lines of credit under this subtitle to commu-
nity development corporations that propose to undertake
economic development activities in distressed communities
that target women, Native Americans, at risk youth, farm-
workers, population-losing communities, very low-income
communities, single mothers, veterans, and refugees; or that
expand employee ownership of private enterprises and
small businesses, and to programs providing loans of not
more than $35,000 to very small business enterprises.
(b) RESERVATION OF FUNDS.—Not less than 5 percent
of the amounts made available under section 4932(a)(2)(A)
may be reserved to carry out the activities described in sub-
section (a).
Subtitle B—Emerging Community
Development Corporations
SEC. 4921. COMMUNITY DEVELOPMENT CORPORATION IM-
PROVEMENT GRANTS.
(a) PURPOSE.—It is the purpose of this section to pro-
vide assistance to community development corporations to
upgrade the management and operating capacity of such
corporations and to enhance the resources available to en-
able such corporations to increase their community eco-
nomic development activities.
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(b) SKILL ENHANCEMENT GRANTS.—
(1) IN
GENERAL.—The Secretary shall award
grants to community development corporations to en-
able such corporations to attain or enhance the busi-
ness management and development skills of the indi-
viduals that manage such corporations to enable such
corporations to seek the public and private resources
necessary to develop community economic develop-
ment projects.
(2) USE
OF
FUNDS.—A recipient of a grant
under paragraph (1) may use amounts received under
such grant—
(A) to acquire training and technical assist-
ance from agencies or institutions that have ex-
tensive experience in the development and man-
agement of low-income community economic de-
velopment projects; or
(B) to acquire such assistance from other
highly successful community development cor-
porations.
(c) OPERATING GRANTS.—
(1) IN
GENERAL.—The Secretary shall award
grants to community development corporations to en-
able such corporations to support an administrative
capacity for the planning, development, and manage-
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ment of low-income community economic development
projects.
(2) USE
OF
FUNDS.—A recipient of a grant
under paragraph (1) may use amounts received under
such grant—
(A) to conduct evaluations of the feasibility
of potential low-income community economic de-
velopment projects that address identified needs
in the low-income community and that conform
to those projects and activities permitted under
subtitle A;
(B) to develop a business plan related to
such a potential project; or
(C) to mobilize resources to be contributed
to a planned low-income community economic
development project or strategy.
(d) APPLICATIONS.—A community development cor-
poration that desires to receive a grant under this section
shall prepare and submit to the Secretary an application
at such time, in such manner, and containing such infor-
mation as the Secretary may require.
(e) AMOUNT AVAILABLE FOR A COMMUNITY DEVELOP-
MENT CORPORATION.—Amounts provided under this section
to a community development corporation shall not exceed
$75,000 per year. Such corporations may apply for grants
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under this section for up to 3 consecutive years, except that
such corporations shall be required to submit a new appli-
cation for each grant for which such corporation desires to
receive and compete on the basis of such applications in
the selection process.
SEC. 4922. EMERGING COMMUNITY DEVELOPMENT COR-
PORATION REVOLVING LOAN FUNDS.
(a) AUTHORITY.—The Secretary is authorized to
award grants to emerging community development corpora-
tions to enable such corporations to establish, maintain or
expand revolving loan funds, to make or guarantee loans,
or to make capital investments in new or expanding local
businesses.
(b) ELIGIBILITY.—To be eligible to receive a grant
under subsection (a), an entity shall—
(1) be a community development corporation;
(2) have completed not less than one nor more
than two community economic development projects
or related projects that improve or provide job and
employment opportunities to low-income individuals;
(3) prepare and submit to the Secretary an ap-
plication at such time, in such manner, and contain-
ing such information as the Secretary may require,
including a strategic investment plan that identifies
and describes the economic characteristics of the tar-
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get area to be served, the types of business to be as-
sisted using amounts received under the grant and the
impact of such assistance on low-income individuals;
and
(4) have secured one or more commitments from
local sources for contributions (either in cash or in
kind, letters of credit, or letters of commitment) in an
amount that is equal to at least 10 percent of the
amounts requested in the application submitted under
paragraph (2).
(c) USE OF THE REVOLVING LOAN FUND.—
(1) IN GENERAL.—A revolving loan fund estab-
lished or maintained with amounts received under
this section may be utilized to provide financial and
technical assistance, loans, loan guarantees or invest-
ments to private business enterprises to—
(A) finance projects intended to provide
business and employment opportunities for low-
income individuals and to improve the quality of
life in urban and rural areas; and
(B) build and expand the capacity of
emerging community development corporations
and serve the economic needs of local residents.
(2) TECHNICAL
ASSISTANCE.—The Secretary
shall encourage emerging community development
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corporations that receive grants under this section to
seek technical assistance from established community
development corporations, with expertise in the plan-
ning, development and management of economic de-
velopment projects and shall facilitate the receipt of
such assistance.
(3) LIMITATION.—Not to exceed 10 percent of the
amounts received under this section by a grantee shall
be used for training, technical assistance and admin-
istrative purposes.
(d) USE OF PROCEEDS FROM INVESTMENTS.—Pro-
ceeds derived from investments made with amounts pro-
vided under this section may be utilized only for the pur-
poses described in this subtitle and shall be reinvested in
the community in which they were generated.
(e) AMOUNTS AVAILABLE.—Amounts provided under
this section to a community development corporation shall
not exceed $500,000 per year.
Subtitle C—Miscellaneous
Provisions
SEC. 4931. DEFINITIONS.
As used in this title:
(1) COMMUNITY DEVELOPMENT CORPORATION.—
The term ‘‘community development corporation’’
means a private, nonprofit corporation whose board
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of directors is comprised of business, civic and com-
munity leaders, and whose principal purpose includes
the provision of low-income housing or community
economic development projects that primarily benefit
low-income individuals and communities.
(2) LOCAL
AND
PRIVATE
SECTOR
CONTRIBU-
TION.—The term ‘‘local and private sector contribu-
tion’’ means the funds available at the local level (by
private financial institutions, State and local govern-
ments) or by any private philanthropic organization
and private, nonprofit organizations that will be com-
mitted and used solely for the purpose of financing
private business enterprises in conjunction with
amounts provided under this title.
(3) POPULATION-LOSING COMMUNITY.—The term
‘‘population-losing community’’ means any county in
which the net population loss is at least 7 percent
from April 1, 1980 to April 1, 1990, as reported by
the Bureau of the Census.
(4) PRIVATE BUSINESS ENTERPRISE.—The term
‘‘private business enterprise’’ means any business en-
terprise that is engaged in the manufacture of a prod-
uct, provision of a service, construction or develop-
ment of a facility, or that is involved in some other
commercial, manufacturing or industrial activity,
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and that agrees to target job opportunities stemming
from investments authorized under this title to cer-
tain individuals.
(5) TARGET
AREA.—The term ‘‘target area’’
means any area defined in an application for assist-
ance under this title that has a population whose in-
come does not exceed the median for the area within
which the target area is located.
(6) VERY LOW-INCOME COMMUNITY.—The term
‘‘very low-income community’’ means a community
in which the median income of the residents of such
community does not exceed 50 percent of the median
income of the area.
SEC. 4932. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to carry out subtitles A and B, $40,000,000 for fis-
cal year 1994, and such sums as may be necessary for fiscal
years 1995 and 1996.
(b) EARMARKS.—Of the aggregate amount appro-
priated under subsection (a) for each fiscal year—
(1) 60 percent shall be available to carry out
subtitle A; and
(2) 40 percent shall be available to carry out
subtitle B.
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(c) AMOUNTS.—Amounts appropriated under sub-
section (a) shall remain available for expenditure without
fiscal year limitation.
SEC. 4933. PROHIBITION.
None of the funds authorized under this title shall be
used to finance the construction of housing.
TITLE L—DEPORTATION OF
ALIENS CONVICTED OF CRIMES
SEC. 5001. EXPANSION OF DEFINITION OF AGGRAVATED
FELONY.
(a) EXPANSION OF DEFINITION.—Section 101(a)(43)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)) is amended to read as follows:
‘‘(43) The term ‘aggravated felony’ means—
‘‘(A) murder;
‘‘(B) illicit trafficking in a controlled sub-
stance (as defined in section 102 of the Con-
trolled Substances Act), including a drug traf-
ficking crime (as defined in section 924(c) of
title 18, United States Code);
‘‘(C) illicit trafficking in firearms or de-
structive devices (as defined in section 921 of
title 18, United States Code) or in explosive ma-
terials (as defined in section 841(c) of that title);
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‘‘(G) a theft offense (including receipt of sto-
len property) or budgetary offense for which a
sentence of 5 years’ imprisonment or more may
be imposed;
‘‘(H) an offense described in section 875,
876, 877, or 1202 of title 18, United States Code
(relating to the demand for or receipt of ran-
som);
‘‘(I) an offense described in section 2251,
2251A, or 2252 of title 18, United States Code
(relating to child pornography);
‘‘(J) an offense described in—
‘‘(i) section 1962 of title 18, United
States Code (relating to racketeer influenced
corrupt organizations); or
‘‘(ii) section 1084 (if it is a second or
subsequent offense) or 1955 of that title (re-
lating to gambling offenses),
for which a sentence of 5 years’ imprisonment or
more may be imposed;
‘‘(K) an offense relating to commercial brib-
ery, counterfeiting, forgery, or trafficking in ve-
hicles the identification numbers of which have
been altered for which a sentence of 5 years’ im-
prisonment or more may be imposed;
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‘‘(L) an offense that—
‘‘(i) relates to the owning, controlling,
managing or supervising of a prostitution
business;
‘‘(ii) is described in section 2421, 2422,
or 2423 of title 18, United States Code (re-
lating to transportation for the purpose of
prostitution) for commercial advantage; or
‘‘(iii) is described in section 1581,
1582, 1583, 1584, 1585, or 1588, of title 18,
United States Code (relating to peonage,
slavery, and involuntary servitude);
‘‘(M) an offense relating to perjury or sub-
ornation of perjury for which a sentence of 5
years’ imprisonment or more may be imposed;
‘‘(N) an offense described in—
‘‘(i) section 793 (relating to gathering
or transmitting national defense informa-
tion), 798 (relating to disclosure of classi-
fied information), 2153 (relating to sabo-
tage) or 2381 or 2382 (relating to treason)
of title 18, United States Code; or
‘‘(ii) section 601 of the National Secu-
rity Act of 1947 (50 U.S.C. 421) (relating
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to protecting the identity of undercover in-
telligence agents);
‘‘(O) an offense that—
‘‘(i) involves fraud or deceit in which
the loss to the victim or victims exceeds
$200,000; or
‘‘(ii) is described in section 7201 of the
Internal Revenue Code of 1986 (relating to
tax evasion) in which the revenue loss to the
Government exceeds $200,000;
‘‘(P) 
an 
offense 
described 
in 
section
274(a)(1) of title 18, United States Code (relat-
ing to alien smuggling) for the purpose of com-
mercial advantage;
‘‘(Q) an offense described in section 1546(a)
of title 18, United States Code (relating to docu-
ment fraud), for the purpose of commercial ad-
vantage;
‘‘(R) an offense relating to a failure to ap-
pear before a court pursuant to a court order to
answer to or dispose of a charge of a felony for
which a sentence of 2 years’ imprisonment or
more may be imposed; and
‘‘(S) an attempt or conspiracy to commit
an offense described in this paragraph.
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The term applies to an offense described in this para-
graph whether in violation of Federal or State law
and applies to such an offense in violation of the law
of a foreign country for which the term of imprison-
ment was completed within the previous 15 years.’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall apply to convictions entered on or after the
date of enactment of this Act.
SEC. 5002. DEPORTATION PROCEDURES FOR CERTAIN
CRIMINAL ALIENS WHO ARE NOT PERMANENT
RESIDENTS.
(a) ELIMINATION OF ADMINISTRATIVE HEARING FOR
CERTAIN CRIMINAL ALIENS.—Section 242A of the Immi-
gration and Nationality Act (8 U.S.C. 1252a) is amended
by adding at the end the following new subsection:
‘‘(c) DEPORTATION OF ALIENS WHO ARE NOT PERMA-
NENT RESIDENTS.—
‘‘(1) Notwithstanding section 242, and subject to
paragraph (5), the Attorney General may issue a
final order of deportation against any alien described
in paragraph (2) whom the Attorney General deter-
mines to be deportable under section 241(a)(2)(A)(iii)
(relating to conviction of an aggravated felony).
‘‘(2) An alien is described in this paragraph if
the alien—
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‘‘(A) was not lawfully admitted for perma-
nent residence at the time that proceedings under
this section commenced, or
‘‘(B) had permanent resident status on a
conditional basis (as described in section 216) at
the time that proceedings under this section com-
menced.
‘‘(3) No alien described in this section shall be
eligible for any relief from deportation that the Attor-
ney General may grant in his discretion.
‘‘(4) The Attorney General may not execute any
order described in paragraph (1) until 14 calendar
days have passed from the date that such order was
issued, unless waived by the alien, in order that the
alien has an opportunity to apply for judicial review
under section 106.’’.
(b) LIMITED JUDICIAL REVIEW.—Section 106 of the
Immigration and Nationality Act (8 U.S.C. 1105a) is
amended—
(1) in the first sentence of subsection (a), by in-
serting ‘‘or pursuant to section 242A’’ after ‘‘under
section 242(b)’’;
(2) in subsection (a)(1) and subsection (a)(3), by
inserting ‘‘(including an alien described in section
242A)’’ after ‘‘aggravated felony’’; and
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(3) by adding at the end the following new sub-
section:
‘‘(d) Notwithstanding subsection (c), a petition for re-
view or for habeas corpus on behalf of an alien described
in section 242A(c) may only challenge whether the alien
is in fact an alien described in such section, and no court
shall have jurisdiction to review any other issue.’’.
(c) TECHNICAL AMENDMENTS.—Section 242A of the
Immigration and Nationality Act (8 U.S.C. 1252a) is
amended—
(1) in subsection (a)—
(A) by striking ‘‘(a) IN GENERAL.—’’ and
inserting the following:
‘‘(b) 
DEPORTATION
OF
PERMANENT
RESIDENT
ALIENS.—
‘‘(1) IN GENERAL.—’’; and
(B) by inserting in the first sentence ‘‘per-
manent resident’’ after ‘‘correctional facilities
for’’;
(2) in subsection (b)—
(A) by striking ‘‘(b) IMPLEMENTATION.—’’
and inserting ‘‘(2) IMPLEMENTATION.—’’; and
(B) by striking ‘‘respect to an’’ and insert-
ing ‘‘respect to a permanent resident’’;
(3) by striking subsection (c);
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(4) in subsection (d)—
(A) by striking ‘‘(d) EXPEDITED PROCEED-
INGS.—(1)’’ and inserting ‘‘(3) EXPEDITED PRO-
CEEDINGS.—(A)’’;
(B) by inserting ‘‘permanent resident’’ after
‘‘in the case of any’’; and
(C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;
(5) in subsection (e)—
(A) by striking ‘‘(e) REVIEW.—(1)’’ and in-
serting ‘‘(4) REVIEW.—(A)’’;
(B) by striking the second sentence; and
(C) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;
(6) by inserting after the section heading the fol-
lowing new subsection:
‘‘(a) PRESUMPTION
OF DEPORTABILITY.—An alien
convicted of an aggravated felony shall be conclusively pre-
sumed to be deportable from the United States.’’; and
(7) by amending the heading to read as follows:
‘‘EXPEDITED DEPORTATION OF ALIENS CONVICTED OF
COMMITTING AGGRAVATED FELONIES’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall apply to all aliens against whom deportation
proceedings are initiated after the date of enactment of this
Act.
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SEC. 5003. JUDICIAL DEPORTATION.
(a) JUDICIAL DEPORTATION.—Section 242A of the Im-
migration and Nationality Act (8 U.S.C. 1252a) is amend-
ed by adding at the end the following new subsection:
‘‘(d) JUDICIAL DEPORTATION.—
‘‘(1) AUTHORITY.—Notwithstanding any other
provision of this Act, a United States district court
shall have jurisdiction to enter a judicial order of de-
portation at the time of sentencing against an alien
whose criminal conviction causes such alien to be de-
portable under section 241(a)(2)(A)(iii) (relating to
conviction of an aggravated felony), if such an order
has been requested prior to sentencing by the United
States Attorney with the concurrence of the Commis-
sioner.
‘‘(2) PROCEDURE.—
‘‘(A) The United States Attorney shall pro-
vide notice of intent to request judicial deporta-
tion promptly after the entry in the record of an
adjudication of guilt or guilty plea. Such notice
shall be provided to the court, to the alien, and
to the alien’s counsel of record.
‘‘(B) Notwithstanding section 242B, the
United States Attorney, with the concurrence of
the Commissioner, shall file at least 20 days
prior to the date set for sentencing a charge con-
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taining 
factual 
allegations 
regarding 
the
alienage of the defendant and satisfaction by the
defendant of the definition of aggravated felony.
‘‘(C) If the court determines that the defend-
ant has presented substantial evidence to estab-
lish prima facie eligibility for relief from depor-
tation under section 212(c), the Commissioner
shall provide the court with a recommendation
and report regarding the alien’s eligibility for re-
lief under such section. The court shall either
grant or deny the relief sought.
‘‘(D)(i) The alien shall have a reasonable
opportunity to examine the evidence against him
or her, to present evidence on his or her own be-
half, and to cross-examine witnesses presented by
the Government.
‘‘(ii) The court, for the purposes of deter-
mining whether to enter an order described in
paragraph (1), shall only consider evidence that
would be admissible in proceedings conducted
pursuant to section 242(b).
‘‘(iii) Nothing in this subsection shall limit
the information a court of the United States
may receive or consider for the purposes of im-
posing an appropriate sentence.
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‘‘(iv) The court may order the alien de-
ported if the Attorney General demonstrates by
clear and convincing evidence that the alien is
deportable under this Act.
‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JUDI-
CIAL ORDER OF DEPORTATION.—
‘‘(A)(i) A judicial order of deportation or
denial of such order may be appealed by either
party to the court of appeals for the circuit in
which the district court is located.
‘‘(ii) Except as provided in clause (iii),
such appeal shall be considered consistent with
the requirements described in section 106.
‘‘(iii) Upon execution by the defendant of a
valid waiver of the right to appeal the conviction
on which the order of deportation is based, the
expiration of the period described in section
106(a)(1), or the final dismissal of an appeal
from such conviction, the order of deportation
shall become final and shall be executed at the
end of the prison term in accordance with the
terms of the order.
‘‘(B) As soon as is practicable after entry of
a judicial order of deportation, the Commis-
sioner shall provide the defendant with written
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notice of the order or deportation, which shall
designate the defendant’s country of choice for
deportation and any alternate country pursuant
to section 243(a).
‘‘(4) DENIAL OF JUDICIAL ORDER.—Denial of a
request for a judicial order of deportation shall not
preclude the Attorney General from initiating depor-
tation proceedings pursuant to section 242 upon the
same ground of deportability or upon any other
ground of deportability provided under section
241(a).’’.
(b) TECHNICAL AMENDMENT.—The ninth sentence of
section 242(b) of the Immigration and Nationality Act (8
U.S.C. 1252(b)) is amended by striking ‘‘The’’ and insert-
ing ‘‘Except as provided in section 242A(d), the’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply to all aliens whose adjudication of guilt
or guilty plea is entered in the record after the date of enact-
ment of this Act.
SEC. 5004. RESTRICTING DEFENSES TO DEPORTATION FOR
CERTAIN CRIMINAL ALIENS.
(a) DEFENSES BASED ON SEVEN YEARS OF PERMA-
NENT RESIDENCE.—The last sentence of section 212(c) of
the Immigration and Nationality Act (8 U.S.C. 1182(c))
is amended by striking ‘‘has served for such felony or felo-
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nies’’ and all that follows through the period and inserting
‘‘has been sentenced for such felony or felonies to a term
of imprisonment of at least 5 years, if the time for appeal-
ing such conviction or sentence has expired and the sentence
has become final.’’.
(b) DEFENSES BASED ON WITHHOLDING OF DEPORTA-
TION.—Section 243(h)(2) of the Immigration and National-
ity Act (8 U.S.C. 1253(h)(2)) is amended—
(1) by striking the final sentence and inserting
the following new subparagraph:
‘‘(E) the alien has been convicted of an ag-
gravated felony.’’; and
(2) by striking ‘‘or’’ at the end of subparagraph
(C) and inserting ‘‘or’’ at the end of subparagraph
(D).
SEC. 5005. ENHANCING PENALTIES FOR FAILING TO DE-
PART, OR REENTERING, AFTER FINAL ORDER
OF DEPORTATION.
(a) FAILURE TO DEPART.—Section 242(e) of the Im-
migration and Nationality Act (8 U.S.C. 1252(e)) is
amended—
(1) by striking ‘‘paragraph (2), (3), or 4 of’’ the
first time it appears; and
(2) by striking ‘‘shall be imprisoned not more
than ten years’’ and inserting ‘‘shall be imprisoned
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not more than four years, or shall be imprisoned not
more than ten years if the alien is a member of any
of the classes described in paragraph (1)(E), (2), (3),
or (4) of section 241(a).’’.
(b) REENTRY.—Section 276(b) of the Immigration and
Nationality Act (8 U.S.C. 1326(b)) is amended—
(1) in paragraph (1)—
(A) by inserting after ‘‘commission of’’ the
following: ‘‘three or more misdemeanors invoving
drugs, crimes against the person, or both, or’’;
and
(B) by striking ‘‘5’’ and inserting ‘‘10’’;
(2) in paragraph (2), by striking ‘‘15’’ and in-
serting ‘‘20’’; and
(3) by adding at the end the following sentence:
‘‘For the purposes of this subsection, the term ‘deportation’
includes any agreement in which an alien stipulates to de-
portation during a criminal trial under either Federal or
State law.’’.
(c) COLLATERAL ATTACKS ON UNDERLYING DEPORTA-
TION ORDER.—Section 276 of the Immigration and Nation-
ality Act (8 U.S.C. 1326) is amended by adding after sub-
section (b) the following new subsection:
‘‘(c) In a criminal proceeding under this section, an
alien may not challenge the validity of the deportation
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order described in subsection (a)(1) or subsection (b) unless
the alien demonstrates that—
‘‘(1) the alien exhausted any administrative rem-
edies that may have been available to seek relief
against the order;
‘‘(2) the deportation proceedings at which the
order was issued improperly deprived the alien of the
opportunity for judicial review; and
‘‘(3) the entry of the order was fundamentally
unfair.’’.
SEC. 5006. MISCELLANEOUS AND TECHNICAL CHANGES.
(a) FORM OF DEPORTATION HEARINGS.—The second
sentence of section 242(b) of the Immigration and National-
ity Act (8 U.S.C. 1252(b)) is amended by inserting before
the period the following: ‘‘; except that nothing in this sub-
section shall preclude the Attorney General from authoriz-
ing proceedings by electronic or telephonic media (with the
consent of the alien) or, where waived or agreed to by the
parties, in the absence of the alien.’’.
(b) CONSTRUCTION OF EXPEDITED DEPORTATION RE-
QUIREMENTS.— No amendment made by this Act and noth-
ing in section 242(i) of the Immigration and Nationality
Act (8 U.S.C. 1252(i)) shall be construed to create any sub-
stantive or procedural right or benefit that is legally en-
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forceable by any party against the United States or its
agencies or officers or any other person.
SEC. 5007. CRIMINAL ALIEN TRACKING CENTER.
(a) OPERATION.—The Commissioner of Immigration
and Naturalization, with the cooperation of the Director of
the Federal Bureau of Investigation and the heads of other
agencies, shall, under the authority of section 242(a)(3)(A)
of the Immigration and Nationality Act (8 U.S.C.
1252(a)(3)(A)), operate a criminal alien tracking center.
(b) PURPOSE.—The criminal alien tracking center
shall be used to assist Federal, State, and local law enforce-
ment agencies in identifying and locating aliens who may
be subject to deportation by reason of their conviction of
aggravated felonies.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$5,000,000 for fiscal year 1994 and $2,000,000 for each of
fiscal years 1995, 1996, 1997, and 1998.
TITLE LI—GENERAL PROVISIONS
SEC. 5101. CREDITING OF ‘‘GOOD TIME’’.
Section 3624 of title 18, United States Code, is amend-
ed—
(1) by striking ‘‘he’’ each place it appears and
inserting ‘‘the prisoner’’;
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(2) by striking ‘‘his’’ each place it appears and
inserting ‘‘the prisoner’s’’;
(3) in subsection (d) by striking ‘‘him’’ and in-
serting ‘‘the prisoner’’; and
(4) in subsection (b)—
(A) in the first sentence by inserting ‘‘(other
than a prisoner serving a sentence for a crime
of violence)’’ after ‘‘A prisoner’’; and
(B) by inserting after the first sentence the
following: ‘‘A prisoner who is serving a term of
imprisonment of more than 1 year for a crime
of violence, other than a term of imprisonment
for the duration of the prisoner’s life, may, at the
discretion of the Bureau, receive credit toward
the service of the prisoner’s sentence, beyond the
time served, of up to 54 days at the end of each
year of the prisoner’s term of imprisonment, be-
ginning at the end of the first year of the term,
if the Bureau of Prisons determines that, during
that year, the prisoner has displayed exemplary
compliance with such institutional disciplinary
regulations.’’.
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SEC. 5102. PROHIBITION ON PAYMENT OF FEDERAL BENE-
FITS TO ILLEGAL ALIENS.
(a) DIRECT FINANCIAL BENEFITS.—Notwithstanding
any other law, no direct Federal financial benefit or social
insurance benefit may be paid, or otherwise given, to any
person not lawfully present within the United States for
Aid to Dependent Children (AFDC), Supplemental Secu-
rity Income (SSI) for the Aged, Blind, and Disabled; Food
Stamps; Medicaid except for emergency conditions; legal
services; assistance under the Job Training and Partner-
ship Act; unemployment compensation; and postsecondary
student financial aid.
(b) UNEMPLOYMENT BENEFITS.—No alien who has not
been granted employment authorization pursuant to Fed-
eral law shall be eligible for unemployment compensation
under an unemployment compensation law of a State or
the United States.
(c) DEFINITION.—In this section, ‘‘persons not law-
fully present within the United States’’ means persons who
at the time they applied for, receive, or attempt to receive
a Federal benefit are not either a United States citizen, a
permanent resident alien, an asylee or asylee applicant, a
refugee, a parolee, a nonimmigrant in status under the Im-
migration and Nationality Act, or admitted with tem-
porary protected status, or temporary residents, or persons
granted Family Unity Protection Status under the INA.
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SEC. 5103. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS
ACT.
(a) EXHAUSTION OF ADMINISTRATIVE REMEDIES.—
Section 7 of the Civil Rights of Institutionalized Persons
Act (42 U.S.C. 1997e) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘ninety
days’’ and inserting ‘‘180 days’’; and
(B) in paragraph (2), by inserting before
the period at the end the following: ‘‘or are other-
wise fair and effective’’; and
(2) in subsection (c)—
(A) in paragraph (1) by inserting before the
period at the end the following: ‘‘or are otherwise
fair and effective’’; and
(B) in paragraph (2) by inserting before the
period at the end the following: ‘‘or is no longer
fair and effective’’.
(b) PROCEEDINGS
IN
FORMA
PAUPERIS.—Section
1915(d) of title 28, United States Code, is amended to read
as follows:
‘‘(d) The court may request an attorney to represent
any such person unable to employ counsel and may dismiss
the case if the allegation of poverty is untrue, or if satisfied
that the action fails to state a claim upon which relief can
be granted or is frivolous or malicious.’’.
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(c) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (b) shall take effect on the date of the enact-
ment of this Act.
SEC. 5104. AWARDS OF ATTORNEY’S FEES.
Section 526 of title 28, United States Code, is amended
by adding at the end the following new subsection:
‘‘(c)(1)(A) A current or former Department of Justice
attorney; agent; or employee who supervises an agent who
is the subject of a criminal or disciplinary investigation,
instituted on or after the date of enactment of this sub-
section, arising out of acts performed in the discharge of
his or her duties in prosecuting or investigating a criminal
matter, who is not provided representation under Depart-
ment of Justice regulations, shall be entitled to reimburse-
ment of reasonable attorney’s fees incurred during and as
a result of the investigation if the investigation does not
result in adverse action against the attorney, agent, or em-
ployee.
‘‘(B) A current or former attorney; agent; or employee
who supervises an agent employed as or by a Federal public
defender who is the subject of a criminal or disciplinary
investigation instituted on or after the date of enactment
of this subsection, arising out of acts performed in the dis-
charge of his or her duties in defending or investigating
a criminal matter in connection with the public defender
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program, who is not provided representation by a Federal
public defender or the Administrative Office of the United
States Courts is entitled to reimbursement of reasonable at-
torney’s fees incurred during and as a result of the inves-
tigation if the investigation does not result in adverse ac-
tion against the attorney, agent, or employee.
‘‘(2) For purposes of paragraph (1), an investigation
shall be considered not to result in adverse action against
an attorney, agent, or employee if—
‘‘(A) in the case of a criminal investigation, the
investigation does not result in indictment of, the fil-
ing of a criminal complaint against, or the entry of
a plea of guilty by the attorney, agent, or supervising
employee; and
‘‘(B) in the case of a disciplinary investigation,
the investigation does not result in discipline or re-
sults in only discipline less serious than a formal let-
ter of reprimand finding actual and specific wrong-
doing.
‘‘(3) The Attorney General shall provide notice in writ-
ing of the conclusion and result of an investigation de-
scribed in paragraph (1).
‘‘(4) An attorney, agent, or supervising employee who
was the subject of an investigation described in paragraph
(1) may waive his or her entitlement to reimbursement of
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attorney’s fees under paragraph (1) as part of a resolution
of a criminal or disciplinary investigation.
‘‘(5) An application for attorney fee reimbursement
under this subsection shall be made not later than 180 days
after the attorney, agent, or employee is notified in writing
of the conclusion and result of the investigation.
‘‘(6) Upon receipt of a proper application under this
subsection for reimbursement of attorney’s fees, the Attorney
General and the Director of the Administrative Office of
the United States Courts shall award reimbursement for the
amount of attorney’s fees that are found to have been rea-
sonably incurred by the applicant as a result of an inves-
tigation.
‘‘(7) The official making an award under this sub-
section shall make inquiry into the reasonableness of the
amount requested, and shall consider—
‘‘(A) the sufficiency of the documentation accom-
panying the request;
‘‘(B) the need or justification for the underlying
item;
‘‘(C) the reasonableness of the sum requested in
light of the nature of the investigation; and
‘‘(D) current rates for equal services in the com-
munity in which the investigation took place.
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‘‘(8)(A) Reimbursements of attorney’s fees ordered
under this subsection by the Attorney General shall be paid
from the appropriation made by section 1304 of title 31,
United States Code.
‘‘(B) Reimbursements of attorney’s fees ordered under
this Act by the Director of the Administrative Office of the
United States Courts shall be paid from appropriations au-
thorized by section 3006A(i) of title 18, United States Code.
‘‘(9) The Attorney General and the Director of the Ad-
ministrative Office of the United States Courts may dele-
gate their powers and duties under this subsection to an
appropriate subordinate.’’.
SEC. 5105. TASK FORCE AND CRIMINAL PENALTIES RELAT-
ING 
TO 
THE 
INTRODUCTION 
OF
NONINDIGENOUS SPECIES.
(a) TASK FORCE.—
(1) IN GENERAL.—The Attorney General is au-
thorized to convene a law enforcement task force in
Hawaii to facilitate the prosecution of violations of
Federal laws, and laws of the State of Hawaii, relat-
ing to the wrongful conveyance, sale, or introduction
of nonindigenous plant and animal species.
(2) MEMBERSHIP.—(A) The task force shall be
composed of representatives of—
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(i) the Office of the United States Attorney
for the District of Hawaii;
(ii) the United States Customs Service;
(iii) the Animal and Plant Health Inspec-
tion Service;
(iv) the Fish and Wildlife Service;
(v) the National Park Service;
(vi) the United States Forest Service;
(vii) the Military Customs Inspection Office
of the Department of Defense;
(viii) the United States Postal Service;
(ix) the office of the Attorney General of the
State of Hawaii;
(x) the Hawaii Department of Agriculture;
(xi) the Hawaii Department of Land and
Natural Resources; and
(xii) such other individuals as the Attorney
General deems appropriate.
(B) The Attorney General shall, to the extent
practicable, select individuals to serve on the task
force who have experience with the enforcement of
laws relating to the wrongful conveyance, sale, or in-
troduction of nonindigenous species.
(3) DUTIES.—The task force shall—
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(A) provide mutual assistance to Federal
and State law enforcement agencies in the pros-
ecution of violations of laws relating to the con-
veyance, sale, or introduction of nonindigenous
species into Hawaii; and
(B) make recommendations on ways to
strengthen Federal and State laws and law en-
forcement strategies designed to prevent the in-
troduction of nonindigenous species.
(4) REPORT.—The task force shall report to the
Attorney General and to the Judiciary Committees of
the Senate and House of Representatives on—
(A) the progress of its enforcement efforts;
and
(B) the adequacy of existing Federal laws
and laws of the State of Hawaii which relate to
the introduction of nonindigenous species.
Thereafter, the task force shall make such reports as
the task force deems appropriate.
(5) CONSULTATION.—The task force shall consult
with Hawaii agricultural interests and representa-
tives of Hawaii conservation organizations about
methods of preventing the wrongful conveyance, sale,
or introduction of nonindigenous plant and animal
species into Hawaii.
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(b) CRIMINAL PENALTY.—
(1) IN GENERAL.—Chapter 83 of title 18, United
States Code, is amended by inserting after section
1716C the following new section:
‘‘§ 1716D. Nonmailable injurious animals, plant pests,
plants, and illegally taken fish, wildlife,
and plants
‘‘A person who knowingly deposits for mailing or de-
livery, or knowingly causes to be delivered by mail, accord-
ing to the direction thereon, or at any place at which it
is directed to be delivered by the person to whom it is ad-
dressed, anything that section 3015 of title 39 declares to
be nonmailable matter shall be fined under this title, im-
prisoned not more than 1 year, or both.’’.
(2) TECHNICAL AMENDMENT.—The chapter anal-
ysis for chapter 83 of title 18, United States Code, is
amended by inserting after the item relating to sec-
tion 1716C the following new item:
‘‘1716D. Nonmailable injurious animals, plant pests, plants, and illegally taken
fish, wildlife, and plants.’’.
SEC. 5106.
SENSE OF THE SENATE REGARDING THE ROLE
OF THE UNITED NATIONS IN INTERNATIONAL
ORGANIZED CRIME CONTROL.
(a) FINDINGS.—The Senate finds that—
(1) international criminal activity has increased
dramatically over the past decade and has been fa-
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cilitated by modern developments in transportation
and communications, relaxed travel restrictions, and
the greatly increased volume of international trade;
(2) the expansion of international criminal ac-
tivity is reflected in the growth of requests for mutual
legal assistance and extradition made between the
United States and other countries, the number of such
requests having increased from 535 in 1984 to 2,238
in 1992;
(3) the global reach of organized crime con-
stitutes a serious threat to the security and stability
of sovereign nations;
(4) the expanding scope of international orga-
nized crime necessitates greater cooperation among
nations to prosecute and eliminate organized crimi-
nal groups;
(5) there is an urgent need for new approaches
designed to allow the international law enforcement
community to pursue international criminals across
national boundaries;
(6) the United Nations Convention Against Il-
licit Traffic in Narcotic Drugs and Psychotropic Sub-
stances has helped bring about improved inter-
national cooperation with respect to narcotics;
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(7) the current role of the United Nations with
respect to international organized crime is limited by
the lack of a binding international convention dealing
with the broad range of organized criminal activity
beyond narcotics;
(8) the United Nations Commission on Crime
Prevention and Criminal Justice has successfully fa-
cilitated the negotiation and implementation of mu-
tual legal assistance and extradition treaties between
certain nations,and has helped train nations to effec-
tively execute the terms of such treaties; and
(9) the United Nations Commission on Crime
Prevention and Criminal Justice currently has lim-
ited authority and resources.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that—
(1) the United States should encourage the devel-
opment of a United Nations Convention on Organized
Crime; and
(2) the United Nations should—
(A) provide significant additional resources
to the Commission on Crime Prevention and
Criminal Justice;
(B) consider an expansion of the Commis-
sion’s role and authority; and
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(C) seek a cohesive approach to the inter-
national organized crime problem.
SEC. 5107. TASK FORCE ON PRISON CONSTRUCTION STAND-
ARDIZATION AND TECHNIQUES.
(a) TASK FORCE.—The Director of the National Insti-
tute of Corrections shall, subject to availability of appro-
priations, establish a task force composed of Federal, State,
and local officials expert in prison construction, and of at
least an equal number of engineers, architects, and con-
struction experts from the private sector with expertise in
prison design and construction, including the use of cost-
cutting construction standardization techniques and cost-
cutting new building materials and technologies.
(b) COOPERATION.—The task force shall work in close
cooperation and communication with other State and local
officials responsible for prison construction in their local-
ities.
(c) PERFORMANCE REQUIREMENTS.—The task force
shall work to—
(1) establish and recommend standardized con-
struction plans and techniques for prison and prison
component construction; and
(2) evaluate and recommend new construction
technologies, techniques, and materials,
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to reduce prison construction costs at the Federal, State,
and local levels and make such construction more efficient.
(d) DISSEMINATION.—The task force shall disseminate
information described in subsection (c) to State and local
officials involved in prison construction, through written re-
ports and meetings.
(e) PROMOTION
AND EVALUATION.—The task force
shall—
(1) work to promote the implementation of cost-
saving efforts at the Federal, State, and local levels;
(2) evaluate and advise on the results and effec-
tiveness of such cost-saving efforts as adopted, broadly
disseminating information on the results; and
(3) to the extent feasible, certify the effectiveness
of the cost-savings efforts.
SEC. 5108. REPORT ON SUCCESS OF ROYAL HONG KONG PO-
LICE RECRUITMENT.
Not later than 6 months after the date of enactment
of this Act, the Attorney General, in concert with the Direc-
tor of the Federal Bureau of Investigation, the Adminis-
trator of the Drug Enforcement Agency, the Commissioner
of the Immigration and Naturalization Service, and the
Commissioner of the Customs Service, shall report to Con-
gress and the President on the efforts made, and the success
of such efforts, to recruit and hire former Royal Hong Kong
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Police officers into Federal law enforcement positions. The
report shall discuss any legal or administrative barriers
preventing a program of adequate recruitment of former
Royal Hong Kong Police officers.
SEC. 5109. INTERSTATE WAGERING.
Section 1301 of title 18, United States Code, is amend-
ed by inserting ‘‘or, being engaged in the business of procur-
ing for a person in 1 State such a ticket, chance, share,
or interest in a lottery, gift, enterprise or similar scheme
conducted by another State (unless that business is per-
mitted under an agreement between the States in question
or appropriate authorities of those States), knowingly
transmits in interstate or foreign commerce information to
be used for the purpose of procuring such a ticket, chance,
share, or interest;’’ after ‘‘scheme;’’.
SEC. 5110. REMOVAL OF ALIEN TERRORISTS.
The Immigration and Nationality Act (8 U.S.C. 1101
et seq.) is amended by inserting the following new section:
‘‘REMOVAL OF ALIEN TERRORISTS
‘‘SEC. 242C. (a) DEFINITIONS.—As used in this sec-
tion—
‘‘(1) the term ‘alien terrorist’ means any alien
described in section 241(a)(4)(B);
‘‘(2) the term ‘classified information’ has the
same meaning as defined in section 1(a) of the Classi-
fied Information Procedures Act (18 U.S.C. App. IV);
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‘‘(3) the term ‘national security’ has the same
meaning as defined in section 1(b) of the Classified
Information Procedures Act (18 U.S.C. App. IV);
‘‘(4) the term ‘special court’ means the court de-
scribed in subsection (c) of this section; and
‘‘(5) the ‘special removal hearing’ means the
hearing described in subsection (e) of this section.
‘‘(b) APPLICATION FOR USE OF PROCEDURES.—The
provisions of this section shall apply whenever the Attorney
General certifies under seal to the special court that—
‘‘(1) the Attorney General or Deputy Attorney
General has approved of the proceeding under this
section;
‘‘(2) an alien terrorist is physically present in
the United States; and
‘‘(3) removal of such alien terrorist by deporta-
tion proceedings described in sections 242, 242A, or
242B would pose a risk to the national security of the
United States because such proceedings would disclose
classified information.
‘‘(c) SPECIAL COURT.—(1) The Chief Justice of the
United States shall publicly designate up to 7 judges from
up to 7 United States judicial districts to hear and decide
cases arising under this section, in a manner consistent
with the designation of judges described in section 103(a)
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of the Foreign Intelligence Surveillance Act (50 U.S.C.
1803(a)).
‘‘(2) The Chief Justice may, in the Chief Justice’s dis-
cretion, designate the same judges under this section as are
designated pursuant to section 1803(a) of title 50, United
States Code.
‘‘(d) INVOCATION OF SPECIAL COURT PROCEDURE.—
(1) When the Attorney General makes the application de-
scribed in subsection (b), a single judge of the special court
shall consider the application in camera and ex parte.
‘‘(2) The judge shall invoke the procedures of subsection
(e), if the judge determines that there is probable cause to
believe that—
‘‘(A) the alien who is the subject of the applica-
tion has been correctly identified;
‘‘(B) a deportation proceeding described in sec-
tion 242, 242A, or 242B would pose a risk to the na-
tional security of the United States because such pro-
ceedings would disclose classified information; and
‘‘(C) the threat posed by the alien’s physical
presence is immediate and involves the risk of death
or serious bodily harm.
‘‘(e) SPECIAL REMOVAL HEARING.—(1) Except as pro-
vided in paragraph (4), the special removal hearing author-
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ized by a showing of probable cause described in subsection
(d)(2) shall be open to the public.
‘‘(2) The alien shall have a right to be present at such
hearing and to be represented by counsel. Any alien finan-
cially unable to obtain counsel shall be entitled to have
counsel assigned to represent such alien. Counsel may be
appointed as described in section 3006A of title 18, United
States Code.
‘‘(3) The alien shall have a right to introduce evidence
on his own behalf, and except as provided in paragraph
(4), shall have a right to cross-examine any witness or re-
quest that the judge issue a subpoena for the presence of
a named witness.
‘‘(4) The judge shall authorize the introduction in cam-
era and ex parte of any item of evidence for which the judge
determines that public disclosure would pose a risk to the
national security of the United States because it would dis-
close classified information.
‘‘(5) With respect to any evidence described in para-
graph (4), the judge shall cause to be delivered to the alien
either—
‘‘(A)(i) the substitution for such evidence of a
statement admitting relevant facts that the specific
evidence would tend to prove, or (ii) the substitution
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for such evidence of a summary of the specific evi-
dence; or
‘‘(B) if disclosure of even the substituted evidence
described in subparagraph (A) would create a sub-
stantial risk of death or serious bodily harm to any
person, a statement informing the alien that no such
summary is possible.
‘‘(6) If the judge determines—
‘‘(A) that the substituted evidence described in
paragraph (4)(B) will provide the alien with substan-
tially the same ability to make his defense as would
disclosure of the specific evidence, or
‘‘(B) that disclosure of even the substituted evi-
dence described in paragraph (5)(A) would create a
substantial risk of death or serious bodily harm to
any person,
then the determination of deportation (described in sub-
section (f)) may be made pursuant to this section.
‘‘(f) DETERMINATION OF DEPORTATION.—(1) If the de-
termination in subsection (e)(6)(A) has been made, the
judge shall, considering the evidence on the record as a
whole, require that the alien be deported if the Attorney
General proves, by clear and convincing evidence, that the
alien is subject to deportation because he is an alien as de-
scribed in section 241(a)(4)(B).
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‘‘(2) If the determination in subsection (e)(6)(B) has
been made, the judge shall, considering the evidence received
(in camera and otherwise), require that the alien be de-
ported if the Attorney General proves, by clear, convincing,
and unequivocal evidence, that the alien is subject to depor-
tation because he is an alien as described in section
241(a)(4)(B).
‘‘(g) APPEALS.—(1) The alien may appeal a deter-
mination under subsection (f) to the court of appeals for
the Federal Circuit, by filing a notice of appeal with such
court within 20 days of the determination under such sub-
section.
‘‘(2) The Attorney General may appeal a determina-
tion under subsection (d), (e), or (f) to the court of appeals
for the Federal Circuit, by filing a notice of appeal with
such court within 20 days of the determination under any
one of such subsections.
‘‘(3) When requested by the Attorney General, the en-
tire record of the proceeding under this section shall be
transmitted to the court of appeals under seal. The court
of appeals shall consider such appeal in camera and ex
parte.’’.
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SEC. 5111. MANDATORY LIFE IMPRISONMENT OF PERSONS
CONVICTED OF A THIRD VIOLENT FELONY.
Section 3581 of title 18, United States Code, is amend-
ed by adding at the end the following new subsection:
‘‘(c) IMPRISONMENT OF CERTAIN VIOLENT FELONS.—
‘‘(1) DEFINITION.—In this section, ‘violent fel-
ony’ means a crime of violence (as defined in section
16) under Federal or State law that—
‘‘(A) involves the threatened use, use, or risk
of use of physical force against the person of an-
other;
‘‘(B) is punishable by a maximum term of
5 years or more; and
‘‘(C) is not designated as a misdemeanor by
the law that defines the offense.
‘‘(2) MANDATORY
LIFE
IMPRISONMENT.—Not-
withstanding any other provision of this title or any
other law, in the case of a conviction for a Federal
violent felony, the court shall sentence the defendant
to prison for life if the defendant has been convicted
of a violent felony on 2 or more prior occasions.
‘‘(3) RULE OF CONSTRUCTION.—This subsection
shall not be construed to preclude imposition of the
death penalty.’’.
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SEC. 5112. EFFICIENCY IN LAW ENFORCEMENT AND COR-
RECTIONS.
(a) IN GENERAL.—In the administration of each grant
program funded by appropriations authorized by this Act
or by an amendment made by this Act, the Attorney Gen-
eral shall—
(1) encourage innovative methods for the low-cost
construction of facilities to be constructed, converted,
or expanded and the low-cost operation of such facili-
ties and the reduction of administrative costs and
overhead expenses; and
(2) give priority to the use of surplus Federal
property.
(b) ASSESSMENT OF CONSTRUCTION COMPONENTS AND
DESIGNS.—Not later than 1 year after the date of enact-
ment of this Act, the Attorney General shall make an assess-
ment of the cost efficiency and utility of using modular,
prefabricated, precast, and pre-engineered construction
components and designs for housing nonviolent criminals.
(c) SENSE OF CONGRESS.—It is the sense of the Con-
gress that in providing assistance to State and local govern-
ments, the Attorney General should emphasize the provision
of technical assistance in implementing methods to promote
cost efficiency and realization of savings.
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SEC. 5113. RESTRICTION ON PAYMENT OF BENEFITS TO IN-
DIVIDUALS CONFINED BY COURT ORDER TO
PUBLIC INSTITUTIONS PURSUANT TO VER-
DICTS OF NOT GUILTY BY REASON OF INSAN-
ITY OR OTHER MENTAL DISORDER.
(a) Section 202(x) of the Social Security Act (42
U.S.C. 402(x)) is amended—
(1) in the heading, by inserting ‘‘and Certain
Other Inmates of Public Institutions’’ after ‘‘Pris-
oners’’;
(2) in paragraph (1) add ‘‘(A)’’ after ‘‘(1)’’;
(3) in paragraph (1), by inserting at the end:
‘‘(B) Notwithstanding any other provision of this sub-
chapter, no monthly benefits shall be paid under this
section or under section 423 of this title to any indi-
vidual for any month during which such individual
is confined in any public institution by a court order
pursuant to a verdict that the individual is not guilty
of such an offense by reason of insanity (or by reason
of a similar finding, such as a mental disease, a men-
tal defect, or mental incompetence, unless the pay-
ment is made directly to the public institution to
compensate the institution for its expenses.’’.
(4) in paragraph (3), by striking ‘‘any individ-
ual’’ and all that follows and inserting ‘‘any individ-
ual confined as described in paragraph (1) if the jail,
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prison, penal institution, correctional facility, or
other public institution to which such individual is so
confined is under the jurisdiction of such agency and
the Secretary requires such information to carry out
the provisions of this section.’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply with respect to benefits for months
commencing after 90 days after the date of the enactment
of this Act.
SEC. 5114. DEFINITION.
Section 1201 of title 18, United States Code, is amend-
ed by adding at the end thereof the following:
‘‘(h) As used in this section, the term ‘parent’ does not
include any person whose parental rights as to the victim
of an offense under this section have been terminated by
a final court order.’’.
SEC. 5115. DRIVING WHILE INTOXICATED PROSECUTION
PROGRAM.
Section 501(b) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3751), as amended by section
621, is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(22);
(2) by striking the period at the end of para-
graph (23) and inserting ‘‘; and’’; and
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(3) by adding at the end the following new para-
graph:
‘‘(24) programs for the prosecution of driving
while intoxicated charges and the enforcement of other
laws relating to alcohol use and the operation of
motor vehicles.’’.
SEC. 5116. PARENTAL ACCOUNTABILITY.
(a) IN GENERAL.—Chapter 43 of title 18, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 5043. Civil penalties for parents of certain juvenile
offenders
‘‘(a) IN GENERAL.—(1) The parent or legal guardians
of any juvenile charged with any violation of Federal law
shall attend all court proceedings involving the juvenille,
and
‘‘(2) Except as provided in subsection (b), the parents
or legal guardians of a juvenile who has been convicted of
a criminal offense under any Federal law may be liable
to the United States for a civil penalty of not more than
$10,000.
‘‘(b) EXERCISE OF PARENTAL RESPONSIBILITY.—The
court may decline to enforce, if it would cause undue hard-
ship, subsection (a)(1) or to impose a fine under subsection
(a)(2) if the court makes an affirmative determination that
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under the circumstances, the parents or legal guardians ex-
ercised reasonable care, supervision and control of the juve-
nile and counseled the juvenile that criminal activity is not
acceptable.
‘‘(c) AMOUNT OF FINE.—
‘‘(1) MANDATORY MINIMUM.—In no case shall a
fine imposed under subsection (a) be less than $100.
‘‘(2) FINANCIAL HARDSHIP.—In no case shall a
fine imposed under subsection (a) be less than $500
unless the court makes a finding that a fine in that
amount would impose a severe financial hardship on
the family of the parent or legal guardians.
‘‘(3) If the court determines that the parents or
legal guardians are not financially able to pay the
fine immediately, the court may set a schedule by
which the fine will be paid over time.
‘‘(d) COMMUNITY SERVICE OR PARENTING CLASSES IN
LIEU OF CIVIL PENALTY.—A parent or legal guardian or-
dered to pay a civil penalty under this section may petition
the court to perform such community service or attend and
successfully complete parenting classes, as the court deter-
mines to be appropriate, in lieu of the civil penalty.
‘‘(e) DEFINITIONS.—
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‘‘(1) For the purposes of this section, the term
‘juvenile’ means any person who is under 18 years of
age.
‘‘(2) For the purpose of this section, the term
‘parent’ means a biological or custodial parent who
has legal responsibility for the juvenile at the time the
crime was committed.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 403 of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘5043. Civil penalties for parents of certain juvenile offenders.’’.
SEC. 5117. PROTECTION OF RECIPIENTS IN COUNTER-
TERRORISM REWARDS PROGRAM.
(a) COUNTERTERRIORISM REWARDS PROGRAM.—Sec-
tion 36(e) of the State Department Basic Authorities Act
(22 U.S.C. 2708) is amended—
(1) by inserting ‘‘(1)’’ immediately after ‘‘(e)’’;
and
(2) by adding the following to the end of section
36(e):
‘‘(2) RELOCATION OF PROGRAM PARTICIPANTS.—
(A) Whenever the information that would justify a re-
ward under subsection (a) is furnished by an alien,
and the Secretary of State and Attorney General
jointly determine that the protection of such alien or
members of the immediate family of the alien requires
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the admission of such alien or aliens to the United
States, then such alien and the members of the imme-
diate family of the alien, if necessary, may be admit-
ted to the United States without regard to the require-
ments of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) and shall be eligible for perma-
nent residence as provided in paragraph (4)(A) below.
‘‘(B) The total number of aliens admitted to the
United States under subparagraph (A) shall not ex-
ceed 25 in any fiscal year.
‘‘(3) CONDITIONS OF ENTRY FOR REWARDS FOR
PROGRAM
PARTICIPANTS.—(A) Any alien admitted
under subsection (e) who otherwise would be inadmis-
sible under section 212(a)(2) or 212(a)(3) of the Im-
migration and Nationality Act (8 U.S.C. 1182) shall
be admitted and permitted to remain in the United
States on the condition that the person: (i) shall have
executed a form that waives the alien’s right to con-
test, other than on the basis of an application for
withholding of deportation, any action for deporta-
tion of the alien instituted before the alien obtains
lawful permanent resident status, (ii) is not convicted
of any criminal offense in the United States since the
date of such admission, and (iii) shall report not less
often than quarterly to the Commissioner of the Im-
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migration and Naturalization Service such informa-
tion concerning the alien’s whereabouts and activities
as the Secretary of State and the Attorney General
may require.
‘‘(B) The Secretary of State and the Attorney
General shall submit a report annually to the Com-
mittees on the Judiciary of the House of Representa-
tives and of the Senate concerning (i) the number of
such aliens admitted, (ii) the number of terrorist acts
prevented, frustrated, or thwarted or prosecutions or
investigations resulting from cooperation of such
aliens, and (iii) the number of such aliens who have
failed to report quarterly (as required under para-
graph (3)(A)(i)(I) or who have been convicted of
crimes in the United States after the date of their ad-
mission.
‘‘(4) ADJUSTMENT
TO
PERMANENT
RESIDENT
STATUS.—(A) If, in the opinion of the Attorney Gen-
eral, in consultation with the Secretary of State, the
alien admitted into the United States under section
36(e) of the State Department Basic Authorities Act
has supplied information that has contributed to the
prevention, frustration, or favorable resolution of a
terrorist act or has substantially contributed to an
authorized investigation or the prosecution of an in-
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dividual described in section 36(a) (1) and (2) of such
section, the Attorney General may adjust the status of
the alien (and the alien’s immediate relatives if ad-
mitted under such section) to that of an alien admit-
ted for permanent residence if the alien is not de-
scribed in section 212(a)(3)(E) of the Immigration
and Nationality Act: provided further, That if the
alien is subject to paragraph (3)(A) above, such ad-
justment may be made not earlier than 3 years after
the date of admission and upon a determination by
the Attorney General in consultation with the Sec-
retary of State that the conditions of paragraph
(3)(A) (i) through (iii) have been met.
‘‘(B) Upon the approval of adjustment of status
under subparagraph (A), the Attorney General shall
record the alien’s lawful admission for permanent res-
idence as of the date of such approval and the Sec-
retary of State shall reduce by one the number of
visas authorized to be issued under sections 201(d)
and 203(b)(4) of the Immigration and Nationality
Act for the fiscal year then current.’’.
(b) EXCLUSIVE MEANS
OF ADJUSTMENT.—Section
245(c) of the Immigration and Nationality Act (8 U.S.C.
1255(c)), as amended by section 725, is further amended
by striking ‘‘or’’ before ‘‘(5)’’ and by inserting before the
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period the following: ‘‘; or (6) an alien who was admitted
pursuant to section 36(e) of the State Department Basic
Authorities Act’’.
(c) EXTENDING PERIOD OF DEPORTATION FOR CON-
VICTION OF A CRIME.—Section 241(a)(2)(A)(i)(I) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1251(a)(2)(A)(i)(I)), as amended by section 725, is further
amended by inserting ‘‘or section 36(e)(4)(A) of the State
Department Basic Authorities Act’’ after section 245(h) in
the parenthetical ‘‘(or 10 years in the case of an alien pro-
vided lawful permanent resident status under section
245(h))’’.
SEC. 5118. VIOLENT CRIME AND DRUG EMERGENCY AREAS.
(a) DEFINITION.—In this section, ‘‘major violent crime
or drug-related emergency’’ means an occasion or instance
in which violent crime, drug smuggling, drug trafficking,
or drug abuse violence reaches such levels, as determined
by the President, in consultation with the Attorney General,
that Federal assistance is needed to supplement State and
local efforts and capabilities to save lives, and to protect
property and public health and safety.
(b) DECLARATION
OF VIOLENT CRIME
AND DRUG
EMERGENCY AREAS.—If a major violent crime or drug-re-
lated emergency exists throughout a State or a part of a
State, the President, in consultation with the Attorney Gen-
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eral and other appropriate officials, may declare the State
or part of a State to be a violent crime or drug emergency
area and may take any and all necessary actions author-
ized by this section and other law. For the purposes of this
section, the term ‘‘State’’ shall be deemed to include the Dis-
trict of Columbia and any United States territory or posses-
sion.
(c) PROCEDURE.—
(1) IN GENERAL.—A request for a declaration
designating an area to be a violent crime or drug
emergency area shall be made, in writing, by the chief
executive officer of a State or local government, re-
spectively (or in the case of the District of Columbia,
the mayor), and shall be forwarded to the Attorney
General in such form as the Attorney General may by
regulation require. One or more cities, counties,
States, or the District of Columbia may submit a
joint request for designation as a major violent crime
or drug emergency area under this subsection.
(2) FINDING.—A request made under paragraph
(1) shall be based on a written finding that the major
violent crime or drug-related emergency is of such se-
verity and magnitude that Federal assistance is nec-
essary to ensure an effective response to save lives and
to protect property and public health and safety.
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(d) IRRELEVANCY
OF POPULATION
DENSITY.—The
President shall not limit declarations made under this sec-
tion to highly populated centers of violent crime or drug
trafficking, drug smuggling, or drug use, but shall also con-
sider applications from governments of less populated areas
where the magnitude and severity of such activities is be-
yond the capability of the State or local government to re-
spond.
(e) REQUIREMENTS.—As part of a request for a dec-
laration under this section, and as a prerequisite to Federal
violent crime or drug emergency assistance under this sec-
tion, the chief executive officer of a State or local govern-
ment shall—
(1) take appropriate action under State or local
law and furnish information on the nature and
amount of State and local resources that have been or
will be committed to alleviating the major violent
crime drug-related emergency;
(2) submit a detailed plan outlining that govern-
ment’s short- and long-term plans to respond to the
violent crime or drug emergency, specifying the types
and levels of Federal assistance requested and includ-
ing explicit goals (including quantitative goals) and
timetables; and
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(3) specify how Federal assistance provided
under this section is intended to achieve those goals.
(f) REVIEW PERIOD.—The Attorney General shall re-
view a request submitted pursuant to this section, and the
President shall decide whether to declare a violent crime
or drug emergency area, within 30 days after receiving the
request.
(g) FEDERAL ASSISTANCE.—The President may—
(1) direct any Federal agency, with or without
reimbursement, to utilize its authorities and the re-
sources granted to it under Federal law (including
personnel, equipment, supplies, facilities, financial
assistance, and managerial, technical, and advisory
services) in support of State and local assistance ef-
forts; and
(2) provide technical and advisory assistance,
including communications support and law enforce-
ment-related intelligence information; and
(h) DURATION OF FEDERAL ASSISTANCE.—
(1) IN GENERAL.—Federal assistance under this
section shall not be provided to a violent crime or
drug emergency area for more than 1 year.
(2) EXTENSION.—The chief executive officer of a
jurisdiction may apply to the Attorney General for
an extension of assistance beyond 1 year. The Presi-
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dent, in consultation with the Attorney General, may
extend the provision of Federal assistance for not
more than an additional 180 days.
(i) REGULATIONS.—Not later than 90 days after the
date of the enactment of this Act, the Attorney General shall
issue regulations to implement this section.
(j) NO EFFECT ON EXISTING AUTHORITY.—Nothing in
this section shall diminish or detract from existing author-
ity possessed by the President or Attorney General.
SEC. 5119. STATE AND LOCAL COOPERATION WITH THE
UNITED STATES IMMIGRATION AND NATU-
RALIZATION SERVICE.
(a) STATE AND LOCAL COOPERATION.—Notwithstand-
ing any law, ordinance or regulation of any State or sub-
division thereof to the contrary, officials of any State or
local government or agency, upon the request of any duly
authorized official of the United States Immigration and
Naturalization Service, shall provide information regard-
ing the identification, location, arrest, prosecution, deten-
tion, and deportation of an alien or aliens who are not law-
fully present in the United States.
(b) REPORT.—Not later than 6 months after the enact-
ment of this Act, the Attorney General, in concert with the
Commissioner of the Immigration and Naturalization Serv-
ice, shall report to the Congress and the President on the
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extent to which State and local governments are not cooper-
ating with the United States Immigration and Naturaliza-
tion Service. This report shall identify any State or local
governments that have adopted laws, policies or practices
of non-cooperation with the United States Immigration and
Naturalization Service, the specific nature of those laws,
policies or practices, and their impact on the enforcement
of the immigration laws.
(c) FUNDING BASED ON COOPERATION.—No State or
local government or agency which has been identified in
the Attorney General’s report required by the preceding
paragraph, which has a policy or practice of refusing to
cooperate with the Immigration and Naturalization Service
regarding the identification, location, arrest, prosecution,
detention, or deportation of aliens who are not lawfully
present in the United States, shall be eligible for any Fed-
eral funds from appropriations made pursuant to a provi-
sion of this Act or of an amendment made by this Act au-
thorizing appropriations, as long as such policy or practice
remains in effect.
SEC. 5120. AMENDMENTS TO THE DEPARTMENT OF EDU-
CATION ORGANIZATION ACT AND THE NA-
TIONAL LITERACY ACT OF 1991.
(a) TECHNICAL AMENDMENT.—The matter preceding
paragraph (1) of section 214(d) of the Department of Edu-
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cation Organization Act (20 U.S.C. 3423a(d)) is amended
by striking ‘‘under subsection (a)’’ and inserting ‘‘under
subsection (c)’’.
(b) ESTABLISHMENT
OF
A PANEL
AND USE
OF
FUNDS.—Section 601 of the National Literacy Act of 1991
(20 U.S.C. 1211-2) is amended by—
(1) by redesignating subsection (g) as subsection
(i); and
(2) by inserting after subsection (f) the following
new subsections:
‘‘(g) PANEL.—The Secretary is authorized to consult
with and convene a panel of experts in correctional edu-
cation, including program administrators and field-based
professionals in adult corrections, juvenile services, jails,
and community corrections programs, to—
‘‘(1) develop measures for evaluating the effec-
tiveness of the programs funded under this section;
and
‘‘(2) evaluate the effectiveness of such pro-
grams.’’.
‘‘(h) USE OF FUNDS.—Notwithstanding any other pro-
vision of law, the Secretary may use not more than five
percent of funds appropriated under subsection (i) in any
fiscal year to carry out grant-related activities such as mon-
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itoring, technical assistance, and replication and dissemi-
nation.’’.
SEC. 5121. PREVENTION, DIAGNOSIS, AND TREATMENT OF
TUBERCULOSIS IN CORRECTIONAL INSTITU-
TIONS.
(a) GUIDELINES.—The Attorney General, in consulta-
tion with the Secretary of Health and Human Services and
the Director of the National Institute of Justice, shall de-
velop and disseminate to appropriate entities, including
State and local correctional institutions and the Immigra-
tion and Naturalization Service, guidelines for the preven-
tion, diagnosis, treatment, and followup care of tuberculosis
among inmates of correctional institutions and persons held
in holding facilities operated by or under contract with the
Immigration and Naturalization Service.
(b) COMPLIANCE.—The Attorney General shall ensure
that prisons in the Federal prison system and holding fa-
cilities operated by or under contract with the Immigration
and Naturalization Service comply with the guidelines de-
scribed in subsection (a).
(c) GRANTS.—
(1) IN GENERAL.—The Attorney General shall
make grants to State and local correction authorities
and public health authorities to assist in establishing
and operation programs for the prevention, diagnosis,
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treatment, and followup care of tuberculosis among
inmates of correctional institutions.
(2) FEDERAL
SHARE.—The Federal share of
funding of a program funded with a grant under
paragraph (1) shall not exceed 50 percent.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated $20,000,000 to
carry out this section.
SEC. 5122. ESTABLISHMENT OF COMMUNITY PROGRAMS ON
DOMESTIC VIOLENCE.
The Family Violence Prevention and Services Act (42
U.S.C. 10401 et seq.) is amended by adding at the end the
following new section:
‘‘SEC. 316. DEMONSTRATION GRANTS FOR COMMUNITY INI-
TIATIVES.
‘‘(a) IN GENERAL.—The Secretary shall provide grants
to nonprofit private organizations to establish projects in
local communities involving many sectors of each commu-
nity to coordinate intervention and prevention of domestic
violence.
‘‘(b) ELIGIBILITY.—To be eligible for a grant under
this section, an entity—
‘‘(1) shall be a nonprofit organization organized
for the purpose of coordinating community projects
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for the intervention in and prevention of domestic vi-
olence;
‘‘(2) shall include representatives of pertinent
sectors of the local community, which may include the
following—
‘‘(A) health care providers;
‘‘(B) the education community;
‘‘(C) the religious community;
‘‘(D) the justice system;
‘‘(E) domestic violence program advocates;
‘‘(F) human service entities such as State
child services divisions;
‘‘(G) business and civic leaders; and
‘‘(H) other pertinent sectors.
‘‘(c) APPLICATIONS.—An organization that desires to
receive a grant under this section shall submit to the Sec-
retary an application, in such form and in such manner
as the Secretary shall prescribe through notice in the Fed-
eral Register, that—
‘‘(1) demonstrates that the applicant will serve a
community leadership function, bringing together
opinion leaders from each sector of the community to
develop a coordinated community consensus opposing
domestic violence;
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‘‘(2) demonstrates a community action compo-
nent to improve and expand current intervention and
prevention strategies through increased communica-
tion and coordination among all affected sectors;
‘‘(3) includes a complete description of the appli-
cant’s plan for the establishment and operation of the
community project, including a description of—
‘‘(A) the method for identification and selec-
tion of an administrative committee made up of
persons knowledgeable in domestic violence to
oversee the project, hire staff, assure compliance
with the project outline, and secure annual eval-
uation of the project;
‘‘(B) the method for identification and selec-
tion of project staff and a project evaluator;
‘‘(C) the method for identification and selec-
tion of a project council consisting of representa-
tives of the community sectors listed in sub-
section (b)(2);
‘‘(D) the method for identification and se-
lection of a steering committee consisting of rep-
resentatives of the various community sectors
who will chair subcommittees of the project coun-
cil focusing on each of the sectors; and
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‘‘(E) a plan for developing outreach and
public education campaigns regarding domestic
violence; and
‘‘(4) contains such other information, agree-
ments, and assurances as the Secretary may require.
‘‘(d) TERM.—A grant provided under this section may
extend over a period of not more than 3 fiscal years.
‘‘(e) CONDITIONS ON PAYMENT.—Payments under a
grant under this section shall be subject to—
‘‘(1) annual approval by the Secretary; and
‘‘(2) availability of appropriations.
‘‘(f) GEOGRAPHICAL
DISPERSION.—The Secretary
shall award grants under this section to organizations in
communities geographically dispersed throughout the coun-
try.
‘‘(g) USE OF GRANT MONIES.—
‘‘(1) IN GENERAL.—A grant made under sub-
section (a) shall be used to establish and operate a
community project to coordinate intervention and
prevention of domestic violence.
‘‘(2) REQUIREMENTS.—In establishing and oper-
ating a project, a nonprofit private organization
shall—
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‘‘(A) establish protocols to improve and ex-
pand domestic violence intervention and preven-
tion strategies among all affected sectors;
‘‘(B) develop action plans to direct re-
sponses within each community sector that are
in conjunction with development in all other sec-
tors; and
‘‘(C) provide for periodic evaluation of the
project with a written report and analysis to as-
sist application of this concept in other commu-
nities.
‘‘(h) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this sec-
tion—
‘‘(1) $20,000,000 for fiscal year 1995; and
‘‘(2) such sums as are necessary for fiscal years
1996, 1997, and 1998,
to remain available until expended.
SEC. 5123. HATE CRIMES STATISTICS ACT.
Section 1(b)(1) of the Hate Crime Statistics Act (Pub-
lic Law 101–275, 104 Stat. 140) is amended by adding
‘‘disability,’’ after ‘‘religion,’’.
SEC. 5124. PENALTIES FOR DOCUMENT FRAUD.
(a) IN GENERAL.—Section 274C(3) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324c(3)) is amended—
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(1) in subparagraph (A), by striking ‘‘not less
than $250 and not more than $2,000’’ and inserting
‘‘not less than $1,000 and not more than $5,000’’;
and
(2) in subparagraph (B), by striking ‘‘not less
than $2,000 and not more than $5,000’’ and inserting
‘‘not less than $5,000 and not more than $10,000’’.
(b) FRAUD AND MISUSE OF VISAS, PERMITS, AND
OTHER DOCUMENTS.—(1) Section 1546 of title 18, United
States Code, is amended—
(A) in subsection (a), by striking ‘‘not more than
five years’’ and inserting ‘‘not more than ten years’’;
and
(B) in subsection (b), by striking ‘‘not more than
two years’’ and inserting ‘‘not more than five years’’.
(2) Whoever commits an offense under section 1546(a)
or 1546(b) of title 18, United States Code, shall be fined,
in addition to the fines provided under such section,
$10,000 or $5,000, respectively.
(c) APPLICABILITY.—This section, and the amend-
ments made by this section, shall apply to offenses commit-
ted on or after the date of enactment of this Act.
SEC. 5125. USE OF ANTILOITERING LAWS TO FIGHT CRIME.
The Attorney General shall—
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(1) study the ways in which antiloitering laws
can be used, without violating the constitutional
rights of citizens as enunciated by the Supreme Court,
to eradicate open-air drug markets and other blatant
criminal activity;
(2) prepare a model antiloitering statute and
guidelines for enforcing the statute in such a manner
as to prevent, deter, and punish illegal drug activity
and other criminal activity; and
(3) make the results of the study and the model
statute and guidelines available to Federal, State, and
local law enforcement authorities.
SEC. 5126. VICTIMS OF CHILD ABUSE PROGRAMS.
(a) COURT-APPOINTED
SPECIAL
ADVOCATE
PRO-
GRAM.—
(1) REAUTHORIZATION.—Section 218(a) of the
Victims of Child Abuse Act of 1990 (42 U.S.C.
13014(a)) is amended to read as follows:
‘‘(a) AUTHORIZATION.—There are authorized to be ap-
propriated to carry out this subtitle—
‘‘(1) $7,000,000 for fiscal year 1995; and
‘‘(2) $10,000,000 for each of fiscal years 1996,
1997, and 1998.’’.
(2) TECHNICAL AMENDMENT.—Section 216 of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13012)
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is amended by striking ‘‘this chapter’’ and inserting
‘‘this subtitle’’.
(b) CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL
PERSONNEL AND PRACTITIONERS.—
(1) REAUTHORIZATION.—Section 224(a) of the
Victims of Child Abuse Act of 1990 (42 U.S.C.
13024(a)) is amended to read as follows:
‘‘(a) AUTHORIZATION.—There are authorized to be ap-
propriated to carry out this subtitle—
‘‘(1) $7,000,000 for fiscal year 1995; and
‘‘(2) $10,000,000 for each of fiscal years 1996,
1997, and 1998.’’.
(2) TECHNICAL AMENDMENT.—Section 221(b) of
the Victims of Child Abuse Act of 1990 (42 U.S.C.
13021(b)) is amended by striking ‘‘this chapter’’ and
inserting ‘‘this subtitle’’.
(c) GRANTS FOR TELEVISED TESTIMONY.—Title I of
the Omnibus Crime Control and Safe Streets Act of 1968
is amended—
(1) by amending section 1001(a)(7) (42 U.S.C.
3793(a)(7)) to read as follows:
‘‘(7) There are authorized to be appropriated to carry
out part N—
‘‘(A) $3,500,000 for fiscal year 1995; and
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‘‘(B) $5,000,000 for each of fiscal years 1996,
1997, and 1998.’’;
(2) in section 1401 (42 U.S.C. 3796aa) by strik-
ing ‘‘and units of local government’’ and inserting ‘‘,
units of local government, and other public and pri-
vate organizations’’;
(3) in section 1402 (42 U.S.C. 3796aa–1) by
striking ‘‘to States, for the use of States and units of
local government in the States’’;
(4) in section 1403 (42 U.S.C. 3796aa–2)—
(A) by inserting ‘‘, unit of local government,
or other public or private organization’’ after ‘‘of
a State’’; and
(B) in paragraphs (3) and (4) by inserting
‘‘in the case of an application by a State,’’ before
‘‘an assurance’’;
(5) by striking section 1405 (42 U.S.C. 3796aa–
4); and
(6) in the table of contents by striking the item
for section 1405.
SEC. 5127. LAW DAY U.S.A.
(a) FINDINGS.—Congress finds that—
(1) the first day of May of each year has been
designated as ‘‘Law Day U.S.A.’’ and set aside as a
special day to advance equality and justice under
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law, to encourage citizen support for law enforcement
and law observance, and to foster respect for law and
an understanding of the essential place of law in the
life of every citizen of the United States;
(2) each day, police officers and other law en-
forcement personnel perform their duties unflinch-
ingly and without hesitation;
(3) each year tens of thousands of law enforce-
ment personnel are injured or assaulted in the course
of duty and many are killed;
(4) law enforcement personnel are devoted to
their jobs, are underpaid for their efforts, and are
tireless in their work; and
(5) law enforcement personnel perform their du-
ties without adequate recognition.
(b) EXPRESSION OF GRATITUDE.—In celebration of
‘‘Law Day, U.S.A.’’, May 1, 1994, the grateful people of
this Nation give special emphasis to all law enforcement
personnel of the United States, and acknowledge the un-
flinching and devoted service law enforcement personnel
perform as such personnel help preserve domestic tran-
quillity and guarantee the legal rights of all individuals
of this Nation.
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SEC. 5128. TREATMENT OF INDIAN TRIBES UNDER TITLE I
OF THE OMNIBUS CRIME CONTROL AND SAFE
STREETS ACT OF 1968.
(a) MATCHING FUND SOURCE.—
(1) IN GENERAL.—Section 817 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3789m) is amended—
(A) by amending the heading to read as fol-
lows:
‘‘DISTRICT OF COLUMBIA AND INDIAN TRIBE MATCHING
FUND SOURCE’’;
(B) by inserting ‘‘(a) DISTRICT OF COLUM-
BIA.—’’ before ‘‘Funds’’; and
(C) by adding at the end the following new
subsection:
‘‘(b) INDIAN TRIBES.—Funds appropriated by the
Congress for the activities of any agency of an Indian tribal
government or the United States Government performing
law enforcement functions on any Indian lands may be
used to provide the non-Federal share of the cost of pro-
grams or projects funded under this title.’’.
‘‘(2) TECHNICAL AMENDMENT.—The table of con-
tents of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by amending the
item relating to section 817 to read as follows:
‘‘Sec. 817. District of Columbia and Indian tribe matching fund source.’’.
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(b) DEFINITION.—Section 901 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3791) is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(22);
(2) by striking the period at the end of para-
graph (23) and inserting ‘‘; and’’; and
(3) by adding at the end the following new para-
graph:
‘‘(24) ‘Indian tribe’ means a tribe, band, pueblo,
nation, or other organized group or community of In-
dians, including an Alaska Native village (as defined
in or established under the Alaska Native Claims Set-
tlement Act (43 U.S.C. 1601 et seq.), that is recog-
nized as eligible for the special programs and services
provided by the United States to Indians because of
their status as Indians.’’.
SEC. 5129. AGREEMENT TO ASSIST IN LOCATING MISSING
CHILDREN UNDER THE PARENT LOCATOR
SERVICE.
(a) IN GENERAL.—Section 463 of the Social Security
Act (42 U.S.C. 663) is amended by adding at the end the
following new subsection:
‘‘(f) The Secretary shall enter into an agreement with
the Attorney General of the United States, under which the
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services of the Parent Locator Service established under sec-
tion 653 of this title shall be made available to the Office
of Juvenile Justice and Delinquency Prevention upon its
request for the purpose of locating any parent or child on
behalf of the Office of Juvenile Justice and Delinquency
Prevention. The Parent Locator Service shall charge no fees
for services requested pursuant to this subsection.’’.
(b) CONFORMING AMENDMENT.—Section 463(c) of
such Act (42 U.S.C. 663(c)) is amended by striking ‘‘(a),
(b) or (e)’’ and inserting ‘‘(a), (b), (e), or (f)’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall become effective on October 1, 1994.
SEC. 5130. SOLICITATION OF MINOR TO COMMIT CRIME.
(a) DIRECTIVE
TO SENTENCING COMMISSION.—(1)
The United States Sentencing Commission shall promulgate
guidelines or amend existing guidelines to provide that a
defendant 18 years of age or older who has been convicted
of an offense shall receive an appropriate sentence enhance-
ment if the defendant involved a minor in the commission
of the offense.
(2) The Commission shall provide that the guideline
enhancement promulgate pursuant to paragraph (1) shall
apply for any offense in relation to which the defendant
has solicited, procured, recruited, counseled, encouraged,
trained, directed, commanded, intimidated, or otherwise
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used or attempted to use any person less than 18 years of
age with the intent that the minor would commit a Federal
offense.
(b) RELEVANT CONSIDERATIONS.—In implementing
the directive in subsection (a), the Sentencing Commission
shall consider—
(1) the severity of the crime that the defendant
intended the minor to commit;
(2) the number of minors that the defendant used
or attempted to use in relation to the offense;
(3) the fact that involving a minor in a crime
of violence is frequently of even greater seriousness
than involving a minor in a drug trafficking offense,
for which the guidelines already provide a two-level
enhancement; and
(4) the possible relevance of the proximity in age
between the offender and the minor(s) involved in the
offense.
SEC. 5131. ASYLUM.
(a) FINDINGS.—The Congress finds that—
(1) in the last decade applications for asylum
have greatly exceeded the original 5,000 annual limit
provided in the Refugee Act of 1980, with more than
150,000 asylum applications filed in fiscal year 1993,
and the backlog of cases growing to 340,000;
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(2) this flood of asylum claims has swamped the
system, creating delays in the processing of applica-
tions of up to several years;
(3) the delay in processing asylum claims due to
the overwhelming numbers has contributed to numer-
ous problems, including—
(A) an abuse of the asylum laws by fraudu-
lent applicants whose primary interest is obtain-
ing work authority in the United States while
their claim languishes in the backlogged asylum
processing system;
(B) the growth of alien smuggling oper-
ations, often involving organized crime;
(C) a drain on limited resources resulting
from the high cost of processing frivolous asylum
claims through our multi-layered system; and
(D) an erosion of public support for asy-
lum, which is a treaty obligation.
(4) asylum, a safe haven protection for aliens
abroad who cannot return home, has been perverted
by some aliens who use asylum claims to circumvent
our immigration and refugee laws and procedures;
and
(5) a comprehensive revision of our asylum law
and procedures is required to address these problems.
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(b) POLICY.—It is the sense of the Congress that—
(1) asylum is a process intended to protect aliens
in the United States who, because of events occurring
after their arrival here, cannot safely return home;
(2) persons outside their country of nationality
who have a well-founded fear of persecution if they re-
turn should apply for refugee status at one of our ref-
ugee processing offices abroad;
(3) the immigration, refugee and asylum laws of
the United States should be reformed to provide—
(A) a procedure for the expeditious exclu-
sion of any asylum applicant who arrives at a
port-of-entry with fraudulent documents, or no
documents, and makes a non-credible claim of
asylum; and
(B) the immigration, refugee and asylum
laws of the United States should be reformed to
provide for a streamlined affirmative asylum
processing system for asylum applicants who
make their application after they have entered
the United States.
SEC. 5132. FEDERAL JUDICIARY.
(a) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS
FOR THE FEDERAL JUDICIARY.—There is authorized to be
appropriated for the activities of the Federal Judiciary not
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to exceed $20,000,000 for fiscal year 1994, and not to exceed
$70,000,000 for each of the fiscal years 1995, 1996, 1997,
and 1998 to help meet the increased demands for judicial
activities which will result from enactment into law of this
Act.
(b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS
FOR THE DEPARTMENT OF JUSTICE.—There is authorized
to be appropriated for the activities and agencies of the De-
partment of Justice, in addition to sums authorized else-
where in this section, not to exceed $25,000,000 for fiscal
year 1994, not to exceed $125,000,000 for fiscal year 1995,
and not to exceed $150,000,000 for each of the fiscal years
1996, 1997, and 1998 to help meet the increased demands
for Department of Justice activities which will result from
enactment into law of this Act.
(c) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS
FOR THE FEDERAL BUREAU OF INVESTIGATION.—There is
authorized to be appropriated for the activities of the Fed-
eral Bureau of Investigation not to exceed $20,000,000 for
fiscal year 1994, not to exceed $50,000,000 for fiscal year
1995, and not to exceed $60,000,000 for each of the fiscal
years 1996, 1997, and 1998 to help meet the increased de-
mands for Federal Bureau of Investigation activities which
will result from enactment into law of this Act.
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(d) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS
FOR UNITED STATES ATTORNEYS.—There is authorized to
be appropriated for the account Department of Justice,
Legal Activities, ‘‘Salaries and expenses, United States At-
torneys’’ not to exceed $10,000,000 for fiscal year 1994, and
not to exceed $35,000,000 for each of the fiscal years 1995,
1996, 1997, and 1998 to help meet the increased demands
for litigation and related activities which will result from
enactment into law of this Act.
(e) Funds appropriated pursuant to this section are
authorized to remain available for obligation until ex-
pended.
(f) Funds authorized under this section may be appro-
priated from the Trust Fund established by section 1321C
of this Act.
SEC. 5133. CONTROL AND PREVENTION OF CRIME IN IN-
DIAN COUNTRY.
(a) DEFINITION.—As used in this Act, the term ‘‘In-
dian tribal government’’ means the governing body of a
tribe, band, pueblo, nation, or other organized group or
community of Indians, including an Alaska Native village
(as defined in or established under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 35 et seq.), that is
recognized as eligible for the special programs and services
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provided by the United States to Indians because of their
status as Indians.
(b) CONFORMING DEFINITION.—As used in this Act,
the term ‘‘State’’ means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands of the United States, American Samoa,
Guam, the Commonwealth of the Northern Mariana Islands
and Indian tribal governments.
(c) MATCHING REQUIREMENTS.—Funds appropriated
by the Congress for the activities of any agency of an Indian
tribal government or the United States Government per-
forming law enforcement functions on any Indian lands
may be used to provide the non-Federal share of the cost
of programs or projects funded under this title.
(d) NONSUPPLANTING REQUIREMENT.—Funds made
available to Indian tribal governments shall not be used to
supplant funds supplied by the Department of the Interior,
but shall be used to increase the amount of funds that
would, in the absence of Federal funds received under this
Act, be made available from funds supplied by the Depart-
ment of the Interior.
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SEC. 5134. CIVIL STATUTE OF LIMITATIONS FOR TORT AC-
TIONS BROUGHT BY THE RTC.
(a) RESOLUTION
TRUST
CORPORATION.—Section
11(d)(14) of the Federal Deposit Insurance Act (12 U.S.C.
1821(d)(14)) is amended—
(1) in subparagraph (A)(ii), by inserting ‘‘except
as provided in subparagraph (B),’’ before ‘‘in the case
of’’;
(2) by redesignating subparagraph (B) as sub-
paragraph (C);
(3) by inserting after subparagraph (A) the fol-
lowing new subparagraph:
‘‘(B) TORT ACTIONS BROUGHT BY THE RESOLU-
TION TRUST CORPORATION.—The applicable statute of
limitations with regard to any action in tort brought
by the Resolution Trust Corporation in its capacity
as conservator or receiver of a failed savings associa-
tion shall be the longer of—
‘‘(i) the 5-year period beginning on the date
the claim accrues; or
‘‘(ii) the period applicable under State
law.’’; and
(4) in subparagraph (C), as redesignated—
(A) by striking ‘‘subparagraph (A)’’ and in-
serting ‘‘subparagraphs (A) and (B)’’; and
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(B) by striking ‘‘such subparagraph’’ and
inserting ‘‘such subparagraphs’’.
(b) EFFECTIVE DATE; TERMINATION; FDIC AS SUC-
CESSOR.—
(1) EFFECTIVE DATE.—The amendments made
by subsection (a) shall be construed to have the same
effective date as section 212 of the Financial Institu-
tions Reform, Recovery, and Enforcement Act of 1989.
(2) TERMINATION.—The amendments made by
subsection (a) shall remain in effect only until the
termination of the Resolution Trust Corporation.
(3) FDIC AS
SUCCESSOR
TO
THE
RTC.—The
Federal Deposit Insurance Corporation, as successor
to the Resolution Trust Corporation, shall have the
right to pursue any tort action that was properly
brought by the Resolution Trust Corporation prior to
the termination of the Resolution Trust Corporation.
SEC. 5135. AWARDS OF PELL GRANTS TO PRISONERS PRO-
HIBITED.
(a) IN GENERAL.—Section 401(b)(8) the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070a(b)(8)) is amended to
read as follows:
‘‘(8) No basic grant shall be awarded under this sub-
part to any individual who is incarcerated in any Federal,
State or local penal institution.’’.
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(b) CONFORMING AMENDMENTS.—
(1) COST OF ATTENDANCE.—Section 472 of such
Act (20 U.S.C. 1087ll) is amended—
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7), (8),
(9), (10) and (11) as paragraphs (6), (7), (8),
(9) and (10), respectively.
(2) 
TECHNICAL
AMENDMENTS.—Section
401(b)(3)(B) of such Act (20 U.S.C. 1070a(b)(3)(B))
is amended—
(A) by striking ‘‘472(8)’’ and inserting
‘‘472(7)’’; and
(B) by striking ‘‘472(9)’’ and inserting
‘‘472(8)’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply with respect to periods of enrollment be-
ginning on or after the date of enactment of this Act.
SEC. 5136. TRANSFER OF CERTAIN ALIEN CRIMINALS TO
FEDERAL FACILITIES.
(a) DEFINITION.—In this section, ‘‘criminal alien who
has been convicted of a felony and is incarcerated in a State
or local correctional facility’’ means an alien who—
(1)(A) is in the United States in violation of the
immigration laws; or
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(B) is deportable or excludable under the provi-
sions of the Immigration and Nationality Act, as
amended (8 U.S.C. 1101 et seq.); and
(2) has been convicted of a felony under State or
local law and incarcerated in a correctional facility
of the State or a subdivision of the State.
(b) FEDERAL CUSTODY.—Subject to the availability of
appropriations, at the request of a State or political sub-
division of a State, the Attorney General may—
(1)(A) take custody of a criminal alien who has
been convicted of a felony and is incarcerated in a
State or local correctional facility; and
(B) provide for the imprisonment of the criminal
alien in a Federal prison in accordance with the sen-
tence of the State court; or
(2) enter into a contractual arrangement with
the State or local government to compensate the State
or local government for incarcerating alien criminals
for the duration of their sentences.
SEC. 5137. FEDERAL ASSISTANCE TO EASE THE INCREASED
BURDENS ON STATE COURT SYSTEMS RE-
SULTING FROM ENACTMENT OF THIS ACT.
(a) IN
GENERAL.—The Attorney General, acting
through the Director of the Bureau of Justice Assistance (the
Director), shall, subject to the availability of appropriation,
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make grants for States and units of local government to
pay the costs of providing increased resources for courts,
prosecutors, public defenders, and other criminal justice
participants as necessary to meet the increased demands for
judicial activities resulting from the provisions of this Act
and amendments made by this Act.
(b) APPLICATIONS.—In carrying out this section, the
Director is authorized to make grants to, or enter into con-
tracts with public or private agencies, institutions, or orga-
nizations or individuals to carry out any purpose specified
in this section. The Director shall have final authority over
all funds awarded under this section.
(c) RECORDS.—Each recipient that receives a grant
under this section shall keep such records as the Director
may require to facilitate an effective audit.
(d) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section $100,000,000 for
each of fiscal years 1994, 1995, 1996, 1997, and 1998,
to remain available for obligation until expended.
(2) USE OF TRUST FUND.—Funds authorized to
be appropriated under paragraph (1) may be appro-
priated from the trust fund established by section
1321C.
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SEC. 5138. TO IMPROVE FEDERAL AND STATE AUTOMATED
FINGERPRINT SYSTEMS TO IDENTIFY MORE
CRIMINAL SUSPECTS.
The FBI shall report by June 1994 to the Congress
regarding how it can accelerate and improve automatic fin-
gerprint systems at the State and Federal level in order
to use fingerprints found at the scene of a crime to identify
more criminal suspects more quickly and effectively.
SEC. 5139. APPROPRIATE REMEDIES FOR PRISON OVER-
CROWDING.
(a) AMENDMENT
OF TITLE 18, UNITED STATES
CODE.—Subchapter C of chapter 229 of part 2 of title 18,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 3626. Appropriate remedies with respect to prison
crowding
‘‘(a) REQUIREMENT OF SHOWING WITH RESPECT TO
THE PLAINTIFF IN PARTICULAR.—
‘‘(1) HOLDING.—A Federal court shall not hold
prison or jail crowding unconstitutional under the
eighth amendment except to the extent that an indi-
vidual plaintiff inmate proves that the crowding
causes the infliction of cruel and unusual punishment
of that inmate.
‘‘(2) RELIEF.—The relief in a case described in
paragraph (1) shall extend no further than necessary
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to remove the conditions that are causing the cruel
and unusual punishment of the plaintiff inmate.
‘‘(b) INMATE POPULATION CEILINGS.—
‘‘(1) REQUIREMENT OF SHOWING WITH RESPECT
TO PARTICULAR PRISONERS.—A Federal court shall
not place a ceiling on the inmate population of any
Federal, State, or local detention facility as an equi-
table remedial measure for conditions that violate the
eighth amendment unless crowding is inflicting cruel
and unusual punishment on particular identified
prisoners.
‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1)
shall not be construed to have any effect on Federal
judicial power to issue equitable relief other than that
described in paragraph (1), including the requirement
of improved medical or health care and the imposi-
tion of civil contempt fines or damages, where such
relief is appropriate.
‘‘(c) PERIODIC
REOPENING.—Each Federal court
order or consent decree seeking to remedy an eighth amend-
ment violation shall be reopened at the behest of a defendant
for recommended modification at a minimum of 2-year in-
tervals.’’.
(b) APPLICATION OF AMENDMENT.—Section 3626 of
title 18, United States Code, as added by paragraph (1),
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shall apply to all outstanding court orders on the date of
enactment of this Act. Any State or municipality shall be
entitled to seek modification of any outstanding eighth
amendment decree pursuant to that section.
(c) TECHNICAL AMENDMENT.—The subchapter analy-
sis for subchapter C of chapter 229 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘3626. Appropriate remedies with respect to prison crowding.’’.
(d) SUNSET PROVISION.—This section and the amend-
ments made by this section are repealed effective as of the
date that is 5 years after the date of enactment of this Act.
SEC. 5140. ESTABLISHMENT OF COMMUNITY PROGRAMS ON
DOMESTIC VIOLENCE.
The Family Violence Prevention and Services Act (42
U.S.C. 10401 et seq.) is amended by adding at the end the
following new section:
‘‘SEC. 316. DEMONSTRATION GRANTS FOR COMMUNITY INI-
TIATIVES.
‘‘(a) IN GENERAL.—The Secretary shall provide grants
to nonprofit private organizations to establish projects in
local communities involving many sectors of each commu-
nity to coordinate intervention and prevention of domestic
violence.
‘‘(b) ELIGIBILITY.—To be eligible for a grant under
this section, an entity—
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‘‘(1) shall be a nonprofit organization organized
for the purpose of coordinating community projects
for the intervention in and prevention of domestic vi-
olence;
‘‘(2) shall include representatives of pertinent
sectors of the local community, which may include the
following—
‘‘(A) health care providers;
‘‘(B) the education community;
‘‘(C) the religious community;
‘‘(D) the justice system;
‘‘(E) domestic violence program advocates;
‘‘(F) human service entities such as State
child services divisions;
‘‘(G) business and civic leaders; and
‘‘(H) other pertinent sectors.
‘‘(c) APPLICATIONS.—An organization that desires to
receive a grant under this section shall submit to the Sec-
retary an application, in such form and in such manner
as the Secretary shall prescribe through notice in the Fed-
eral Register, that—
‘‘(1) demonstrates that the applicant will serve a
community leadership function, bringing together
opinion leaders from each sector of the community to
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develop a coordinated community consensus opposing
domestic violence;
‘‘(2) demonstrates a community action compo-
nent to improve and expand current intervention and
prevention strategies through increased communica-
tion and coordination among all affected sectors;
‘‘(3) includes a complete description of the appli-
cant’s plan for the establishment and operation of the
community project, including a description of—
‘‘(A) the method for identification and selec-
tion of an administrative committee made up of
persons knowledgeable in domestic violence to
oversee the project, hire staff, assure compliance
with the project outline, and secure annual eval-
uation of the project;
‘‘(B) the method for identification and selec-
tion of project staff and a project evaluator;
‘‘(C) the method for identification and selec-
tion of a project council consisting of representa-
tives of the community sectors listed in sub-
section (b)(2);
‘‘(D) the method for identification and se-
lection of a steering committee consisting of rep-
resentatives of the various community sectors
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who will chair subcommittees of the project coun-
cil focusing on each of the sectors; and
‘‘(E) a plan for developing outreach and
public education campaigns regarding domestic
violence; and
‘‘(4) contains such other information, agree-
ments, and assurances as the Secretary may require.
‘‘(d) TERM.—A grant provided under this section may
extend over a period of not more than 3 fiscal years.
‘‘(e) CONDITIONS ON PAYMENT.—Payments under a
grant under this section shall be subject to—
‘‘(1) annual approval by the Secretary; and
‘‘(2) availability of appropriations.
‘‘(f) GEOGRAPHICAL
DISPERSION.—The Secretary
shall award grants under this section to organizations in
communities geographically dispersed throughout the coun-
try.
‘‘(g) USE OF GRANT MONIES.—
‘‘(1) IN GENERAL.—A grant made under sub-
section (a) shall be used to establish and operate a
community project to coordinate intervention and
prevention of domestic violence.
‘‘(2) REQUIREMENTS.—In establishing and oper-
ating a project, a nonprofit private organization
shall—
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‘‘(A) establish protocols to improve and ex-
pand domestic violence intervention and preven-
tion strategies among all affected sectors;
‘‘(B) develop action plans to direct re-
sponses within each community sector that are
in conjunction with development in all other sec-
tors; and
‘‘(C) provide for periodic evaluation of the
project with a written report and analysis to as-
sist application of this concept in other commu-
nities.
‘‘(h) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this sec-
tion—
‘‘(1) $20,000,000 for fiscal year 1995; and
‘‘(2) such sums as are necessary for fiscal years
1996, 1997, and 1998,
to remain available until expended.
‘‘(i) REGULATIONS.—Not later than 60 days after the
date of enactment of this section, the Secretary shall publish
proposed regulations implementing this section. Not later
than 120 days after the date of enactment, the Secretary
shall publish final regulations implementing this section.’’.
SEC. 5141. SENSE OF THE SENATE.
(a) DECLARATIONS.—The Congress declares that—
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(1) it is the stated purpose of this Act, in part,
to rehire law enforcement officers who have been laid
off as a result of State and local budget reductions in
community-oriented policing and to hire new, addi-
tional career law enforcement officers for deployment
in community-oriented policing across the Nation;
(2) this affirms that local law enforcement must
remain the sole prerogative of local government under
their respective jurisdictions and authorities;
(3) a key element to fighting crime in America
is to put more police officers on the street, and the
Senate, in an effort to help the States and localities
hire additional police officers in the short term, will,
through the trust fund established by this Act, make
funds available to local units of government for this
purpose;
(4) The Senate should not add to the financial
burden on local communities is reduced so that essen-
tial local services can be paid for by local government;
(5) the United States Conference of Mayors, on
October 27, 1993, issued a study outlining the cost of
just 10 unfunded Federal mandates on the reporting
cities, and found the cost to those cities to be
$54,000,000,000.
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(b) SENSE OF SENATE.—It is the sense of the Senate
that—
(1) local law enforcement must remain the sole
prerogative of local government under their respective
jurisdictions and authorities; and
(2) one way of providing more funds to units of
local government for law enforcement is to aggres-
sively address the issue of unfunded Federal man-
dates.
SEC. 5142. CHILD-CENTERED ACTIVITIES.
(a) SHORT TITLE.—This section may be cited as the
‘‘Community Schools Youth Services and Supervision
Grant Program Act of 1993’’.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that—
(1) public-private partnerships between govern-
ment and community-based organizations offer an op-
portunity to—
(A) empower distressed and disconnected
communities to develop their resources and abili-
ties in order to meet the needs of children;
(B) forge innovative solutions to the chal-
lenges confronting the development of the chil-
dren in such communities; and
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(C) create environments where children
grow up learning a healthy respect for them-
selves, for neighbors, and for their communities;
(2) increased resources should be invested in pub-
lic-private partnerships; and
(3) 
community-based 
organizations, 
acting
through such public-private partnerships—
(A) should provide year-round supervised
sports programs, and extracurricular and aca-
demic programs, for children in the commu-
nities; and
(B) in providing such extracurricular and
academic programs, should promote the positive
character development of such children through
programs such as curriculum-based supervised
educational, work force preparation, entrepre-
neurship, cultural, and health programs, social
activities, arts and crafts programs, dance pro-
grams, tutorial and mentoring programs, and
other related activities.
(c) FINDINGS.—The Congress finds that—
(1) parents are devoting less time than in pre-
vious generations to the supervision, education, and
nurturing of their children;
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(2) the lack of supervision and meaningful activ-
ity after school contributes to the spread of violent ju-
venile delinquency in the form of youth and gang vio-
lence, drug trafficking, dangerous and self-destructive
behavior, and lack of hope among children in our Na-
tion;
(3) every child has the capacity to be productive
and law abiding and deserves to grow in a safe and
protected environment;
(4) communities have a responsibility to develop
the children of our Nation into productive adults;
(5) because of their centrality, public schools are
among the best facilities that communities can use to
provide needed space and support services for pro-
grams for children;
(6) schools are most effective at serving a com-
munity when the people of the community are in-
volved in activities designed to fulfill the needs of
children in the community; and
(7) activities provided in community centers,
recreational facilities, and other places where children
gather, have a significant impact and influence on
the behavior and attitudes of children.
(d) DEFINITIONS.—As used in this section:
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(1) COUNCIL.—The term ‘‘Council’’ means the
Ounce of Prevention Council.
(2) CHILD.—The term ‘‘child’’ means an indi-
vidual who is not younger than 5 and not older than
18.
(3) 
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
business development opportunities in the
community.
(iii) Educators.
(iv) Religious organizations.
(v) Law enforcement agencies.
(vi) Public housing agencies.
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(vii) State government.
(viii) Other public agencies.
(ix) Other interested parties.
(4) ELIGIBLE COMMUNITY.—The term ‘‘eligible
community’’ means an area identified pursuant to
subsection (g).
(5) POVERTY
LINE.—The term ‘‘poverty line’’
means the income official poverty line (as defined by
the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the
Community Services Block Grant Act (42 U.S.C.
9902(2)) applicable to a family of the size involved.
(6) PUBLIC SCHOOL.—The term ‘‘public school’’
means a public elementary school, as defined in sec-
tion 1201(i) of the Higher Education Act of 1965 (20
U.S.C. 1141(i)), and a public secondary school, as de-
fined in section 1201(d) of such Act.
(7) STATE.—The term ‘‘State’’ means each of the
several States of the United States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, Amer-
ican Samoa, Guam, and the United States Virgin Is-
lands.
(e) PROGRAM AUTHORITY.—
(1) IN GENERAL.—
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(A) ALLOCATIONS FOR STATES.—For any
fiscal year in which the sums appropriated to
carry 
out 
this 
section 
equal 
or 
exceed
$20,000,000, from the sums appropriated to
carry out this subsection, the Council shall allo-
cate, for grants under subparagraph (B) to com-
munity-based organizations in each State, an
amount bearing the same ratio to such sums as
the number of children in the State who are from
families with incomes below the poverty line
bears to the number of children in all States who
are from families with incomes below the poverty
line.
(B) GRANTS TO COMMUNITY-BASED ORGANI-
ZATIONS FROM ALLOCATIONS.—For such a fiscal
year, the Council may award grants from the
appropriate State allocation determined under
subparagraph (A) to eligible community-based
organizations to pay for the Federal share of as-
sisting eligible communities to develop and carry
out programs in accordance with this section.
(C) REALLOCATION.—If, at the end of such
a fiscal year, the Council determines that funds
allocated for community-based organizations in
a State under subparagraph (B) remain unobli-
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gated, the Council may use such funds to award
grants to eligible community-based organizations
in another State to pay for such Federal share.
In awarding such grants, the Council shall con-
sider the need to maintain geographic diversity
among the recipients of such grants. Amounts
made available through such grants shall remain
available until expended.
(2) OTHER FISCAL YEARS.—For any fiscal year
in which the sums appropriated to carry out this sec-
tion are less than $20,000,000, the Council may
award grants on a competitive basis to eligible com-
munity-based organizations to pay for the Federal
share of assisting eligible communities to develop and
carry out programs in accordance with this section.
(f) PROGRAM REQUIREMENTS.—
(1) LOCATION.—A community-based organiza-
tion that receives a grant under this section to assist
in carrying out such a program shall ensure that the
program is carried out—
(A) where appropriate, in the facilities of a
public school during nonschool hours; or
(B) in another appropriate local facility in
a State, such as a college or university, a local
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or State park or recreation center, church, or
military base, that is—
(i) in a location that is easily acces-
sible to children in the community; and
(ii) in compliance with all applicable
local ordinances.
(2) USE OF FUNDS.—Such community-based or-
ganization—
(A) shall use funds made available through
the grant to provide, to children in the eligible
community, services and activities that—
(i) shall include supervised sports pro-
grams, and extracurricular and academic
programs, 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 per-
mit) or as part-day programs, during
the summer months; and
(B) in providing such extracurricular and
academic programs, shall provide programs such
as 
curriculum-based 
supervised 
educational,
work force preparation, entrepreneurship, cul-
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tural, and health programs, social activities, arts
and crafts programs, dance programs, tutorial
and mentoring programs, and other related ac-
tivities;
(C) may use—
(i) such funds for the renovation of fa-
cilities that are in existence prior to the op-
eration of the program for which the orga-
nization receives the grant, purchase of
sporting and recreational equipment and
supplies, purchase (or lease) and repair of
vehicles for transporting participants in the
program, hiring of instructors and other
staff, provision of meals for such partici-
pants, provision of health services consisting
of an initial basic physical examination,
provision of first aid and nutrition guid-
ance, and substance abuse treatment where
appropriate; and
(ii) not more than 10 percent of such
funds to pay for the administrative costs of
the program; and
(D) may not use such funds to provide sec-
tarian worship or instruction.
(g) ELIGIBLE COMMUNITY IDENTIFICATION.—
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(1) IDENTIFICATION.—To be eligible to receive a
grant under this section, a community-based organi-
zation shall identify an eligible community to be as-
sisted under this section.
(2) CRITERIA.—Such eligible community shall be
an area that meets such criteria with respect to sig-
nificant poverty and significant juvenile delinquency,
and such additional criteria, as the Council may by
regulation require.
(h) APPLICATIONS.—
(1) APPLICATION REQUIRED.—To be eligible to
receive a grant under this section, a community-based
organization shall submit an application to the Coun-
cil at such time, in such manner, and accompanied
by such information, as the Council may reasonably
require, and obtain approval of such application.
(2) CONTENTS OF APPLICATION.—Each applica-
tion submitted pursuant to paragraph (1) shall—
(A) describe the activities and services to be
provided through the program for which the
grant is sought;
(B) contain an assurance that the commu-
nity-based organization will spend grant funds
received under this section in a manner that the
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community-based organization determines will
best accomplish the objectives of this section;
(C) contain a comprehensive plan for the
program that is designed to achieve identifiable
goals for children in the eligible community;
(D) set forth measurable goals and outcomes
for the program that—
(i) will—
(I) where appropriate, make a
public school the focal point of the eli-
gible community; or
(II) make a local facility de-
scribed in subsection (f)(1)(B) such a
focal point; and
(ii) may include reducing the percent-
age of children in the eligible community
that enter the juvenile justice system, in-
creasing the graduation rates, school attend-
ance, and academic success of children in
the eligible community, and improving the
skills of program participants;
(E) provide evidence of support for accom-
plishing such goals and outcomes from—
(i) community leaders;
(ii) businesses;
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(iii) a school district;
(iv) local officials;
(v) State officials; and
(vi) other organizations that the com-
munity-based organization determines to be
appropriate;
(F) contain an assurance that the commu-
nity-based organization will use grant funds re-
ceived under this section to provide children in
the eligible community with activities and serv-
ices that shall include supervised sports pro-
grams, and extracurricular and academic pro-
grams, in accordance with subparagraphs (A)
and (B) of subsection (f)(2);
(G) contain a list of the activities and serv-
ices that will be offered through the program for
which the grant is sought and sponsored by pri-
vate nonprofit organizations, individuals, and
groups serving the eligible community, includ-
ing—
(i) extracurricular and academic pro-
grams, such as programs described in sub-
section (f)(2)(B); and
(ii) activities that address specific
needs in the community;