H. R. 3355—157
(1) the need for grant funds and that State or local funding,
as the case may be, does not already cover these operations;
(2) intended use of the grant funds, including a plan of
action to increase record input; and
(3) an estimate of expected results from the use of the
grant funds.
SEC. 40605. DISBURSEMENT.
Not later than 90 days after the receipt of an application
under this subtitle, the Attorney General shall either provide grant
funds or shall inform the applicant why grant funds are not being
provided.
SEC. 40606. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATIONS.
The Attorney General may provide technical assistance and
training in furtherance of the purposes of this subtitle, and may
provide for the evaluation of programs that receive funds under
this subtitle, in addition to any evaluation requirements that the
Attorney General may prescribe for grantees. The technical assist-
ance, training, and evaluations authorized by this section may
be carried out directly by the Attorney General, or through contracts
or other arrangements with other entities.
SEC. 40607. TRAINING PROGRAMS FOR JUDGES.
The State Justice Institute, after consultation with nationally
recognized nonprofit organizations with expertise in stalking and
domestic violence cases, shall conduct training programs for State
(as defined in section 202 of the State Justice Institute Authoriza-
tion Act of 1984 (42 U.S.C. 10701)) and Indian tribal judges to
ensure that a judge issuing an order in a stalking or domestic
violence case has all available criminal history and other informa-
tion, whether from State or Federal sources.
SEC. 40608. RECOMMENDATIONS ON INTRASTATE COMMUNICATION.
The State Justice Institute, after consultation with nationally
recognized nonprofit associations with expertise in data sharing
among criminal justice agencies and familiarity with the issues
raised in stalking and domestic violence cases, shall recommend
proposals regarding how State courts may increase intrastate
communication between civil and criminal courts.
SEC. 40609. INCLUSION IN NATIONAL INCIDENT-BASED REPORTING
SYSTEM.
Not later than 2 years after the date of enactment of this
Act, the Attorney General, in accordance with the States, shall
compile data regarding domestic violence and intimidation (includ-
ing stalking) as part of the National Incident-Based Reporting
System (NIBRS).
SEC. 40610. REPORT TO CONGRESS.
The Attorney General shall submit to the Congress an annual
report, beginning one year after the date of the enactment of this
Act, that provides information concerning the incidence of stalking
and domestic violence, and evaluates the effectiveness of State
antistalking efforts and legislation.
SEC. 40611. DEFINITIONS.
As used in this subtitle—
H. R. 3355—158
(1) the term ‘‘national crime information databases’’ refers
to the National Crime Information Center and its incorporated
criminal history databases, including the Interstate Identifica-
tion Index; and
(2) the term ‘‘protection order’’ includes an injunction or
any other order issued for the purpose of preventing violent
or threatening acts or harassment against, or contact or commu-
nication with or physical proximity to, another person, including
temporary and final orders issued by civil or criminal courts
(other than support or child custody orders) whether obtained
by filing an independent action or as a pendente lite order
in another proceeding so long as any civil order was issued
in response to a complaint, petition, or motion filed by or
on behalf of a person seeking protection.
Subtitle G—Protections for Battered
Immigrant Women and Children
SEC. 40701. ALIEN PETITIONING RIGHTS FOR IMMEDIATE RELATIVE
OR SECOND PREFERENCE STATUS.
(a) IN GENERAL.—Section 204(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)) is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘(i)’’ after ‘‘(A)’’,
(B) by redesignating the second sentence as clause
(ii), and
(C) by adding at the end the following new clauses:
‘‘(iii) An alien who is the spouse of a citizen of the United
States, who is a person of good moral character, who is eligible
to 
be 
classified 
as 
an 
immediate 
relative 
under 
section
201(b)(2)(A)(i), and who has resided in the United States with
the alien’s spouse may file a petition with the Attorney General
under this subparagraph for classification of the alien (and any
child of the alien if such a child has not been classified under
clause (iv)) under such section if the alien demonstrates to the
Attorney General that—
‘‘(I) the alien is residing in the United States, the marriage
between the alien and the spouse was entered into in good
faith by the alien, and during the marriage the alien or a
child of the alien has been battered by or has been the subject
of extreme cruelty perpetrated by the alien’s spouse; and
‘‘(II) the alien is a person whose deportation, in the opinion
of the Attorney General, would result in extreme hardship
to the alien or a child of the alien.
‘‘(iv) An alien who is the child of a citizen of the United
States, who is a person of good moral character, who is eligible
to 
be 
classified 
as 
an 
immediate 
relative 
under 
section
201(b)(2)(A)(i), and who has resided in the United States with
the citizen parent may file a petition with the Attorney General
under this subparagraph for classification of the alien under such
section if the alien demonstrates to the Attorney General that—
‘‘(I) the alien is residing in the United States and during
the period of residence with the citizen parent the alien has
been battered by or has been the subject of extreme cruelty
perpetrated by the alien’s citizen parent; and
H. R. 3355—159
‘‘(II) the alien is a person whose deportation, in the opinion
of the Attorney General, would result in extreme hardship
to the alien.’’;
(2) in subparagraph (B)—
(A) by inserting ‘‘(i)’’ after ‘‘(B)’’; and
(B) by adding at the end the following new clauses:
‘‘(ii) An alien who is the spouse of an alien lawfully admitted
for permanent residence, who is a person of good moral character,
who is eligible for classification under section 203(a)(2)(A), and
who has resided in the United States with the alien’s legal perma-
nent resident spouse may file a petition with the Attorney General
under this subparagraph for classification of the alien (and any
child of the alien if such a child has not been classified under
clause (iii)) under such section if the alien demonstrates to the
Attorney General that the conditions described in subclauses (I)
and (II) of subparagraph (A)(iii) are met with respect to the alien.
‘‘(iii) An alien who is the child of an alien lawfully admitted
for permanent residence, who is a person of good moral character,
who is eligible for classification under section 203(a)(2)(A), and
who has resided in the United States with the alien’s permanent
resident alien parent may file a petition with the Attorney General
under this subparagraph for classification of the alien under such
section if the alien demonstrates to the Attorney General that—
‘‘(I) the alien is residing in the United States and during
the period of residence with the permanent resident parent
the alien has been battered by or has been the subject of
extreme cruelty perpetrated by the alien’s permanent resident
parent; and
‘‘(II) the alien is a person whose deportation, in the opinion
of the Attorney General, would result in extreme hardship
to the alien.’’; and
(3) by adding at the end the following new subparagraph:
‘‘(H) In acting on petitions filed under clause (iii) or (iv) of
subparagraph (A) or clause (ii) or (iii) of subparagraph (B), the
Attorney General shall consider any credible evidence relevant to
the petition. The determination of what evidence is credible and
the weight to be given that evidence shall be within the sole
discretion of the Attorney General.’’.
(b) CONFORMING AMENDMENTS.—(1) Section 204(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(2)) is amended—
(A) in subparagraph (A) by striking ‘‘filed by an alien
who,’’ and inserting ‘‘for the classification of the spouse of
an alien if the alien,’’; and
(B) in subparagraph (B) by striking ‘‘by an alien whose
prior marriage’’ and inserting ‘‘for the classification of the
spouse of an alien if the prior marriage of the alien’’.
(2) Section 201(b)(2)(A)(i) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by striking ‘‘204(a)(1)(A)’’
and inserting ‘‘204(a)(1)(A)(ii)’’.
(c) SURVIVAL RIGHTS TO PETITION.—Section 204 of the Immigra-
tion and Nationality Act (8 U.S.C. 1154) is amended by adding
at the end the following new subsection:
‘‘(h) The legal termination of a marriage may not be the sole
basis for revocation under section 205 of a petition filed under
subsection (a)(1)(A)(iii) or a petition filed under subsection
(a)(1)(B)(ii) 
pursuant 
to 
conditions 
described 
in 
subsection
(a)(1)(A)(iii)(I).’’.
H. R. 3355—160
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect January 1, 1995.
SEC. 40702. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIVER
APPLICATIONS.
(a) IN GENERAL.—Section 216(c)(4) of the Immigration and
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended by inserting after
the second sentence the following: ‘‘In acting on applications under
this paragraph, the Attorney General shall consider any credible
evidence relevant to the application. The determination of what
evidence is credible and the weight to be given that evidence shall
be within the sole discretion of the Attorney General.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date of enactment of this Act and shall
apply to applications made before, on, or after such date.
SEC. 40703. SUSPENSION OF DEPORTATION.
(a) BATTERED
SPOUSE
OR
CHILD.—Section 244(a) of the
Immigration and Nationality Act (8 U.S.C. 1254(a)) is amended—
(1) by striking ‘‘or’’ at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2)
and inserting ‘‘; or’’; and
(3) by inserting after paragraph (2) the following:
‘‘(3) is deportable under any law of the United States
except section 241(a)(1)(G) and the provisions specified in para-
graph (2); has been physically present in the United States
for a continuous period of not less than 3 years immediately
preceding the date of such application; has been battered or
subjected to extreme cruelty in the United States by a spouse
or parent who is a United States citizen or lawful permanent
resident (or is the parent of a child of a United States citizen
or lawful permanent resident and the child has been battered
or subjected to extreme cruelty in the United States by such
citizen or permanent resident parent); and proves that during
all of such time in the United States the alien was and is
a person of good moral character; and is a person whose depor-
tation would, in the opinion of the Attorney General, result
in extreme hardship to the alien or the alien’s parent or child.’’.
(b) CONSIDERATION OF EVIDENCE.—Section 244 of the Immigra-
tion and Nationality Act (8 U.S.C. 1254) is amended by adding
at the end the following new subsection:
‘‘(g) In acting on applications under subsection (a)(3), the Attor-
ney General shall consider any credible evidence relevant to the
application. The determination of what evidence is credible and
the weight to be given that evidence shall be within the sole
discretion of the Attorney General.’’.
TITLE V—DRUG COURTS
SEC. 50001. DRUG COURTS.
(a) IN GENERAL.—Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended
by section 40231(a), is amended—
(1) by redesignating part V as part W;
(2) by redesignating section 2201 as section 2301; and
(3) by inserting after part U the following new part:
H. R. 3355—161
‘‘PART V—DRUG COURTS
‘‘SEC. 2201. GRANT AUTHORITY.
‘‘The Attorney General may make grants to States, State courts,
local courts, units of local government, and Indian tribal govern-
ments, acting directly or through agreements with other public
or private entities, for programs that involve—
‘‘(1) continuing judicial supervision over offenders with sub-
stance abuse problems who are not violent offenders; and
‘‘(2) the integrated administration of other sanctions and
services, which shall include—
‘‘(A) mandatory periodic testing for the use of controlled
substances or other addictive substances during any period
of supervised release or probation for each participant;
‘‘(B) substance abuse treatment for each participant;
‘‘(C) diversion, probation, or other supervised release
involving the possibility of prosecution, confinement, or
incarceration based on noncompliance with program
requirements or failure to show satisfactory progress; and
‘‘(D) 
programmatic, 
offender 
management, 
and
aftercare services such as relapse prevention, health care,
education, vocational training, job placement, housing
placement, and child care or other family support services
for each participant who requires such services.
‘‘SEC. 2202. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.
‘‘The Attorney General shall—
‘‘(1) issue regulations and guidelines to ensure that the
programs authorized in this part do not permit participation
by violent offenders; and
‘‘(2) immediately suspend funding for any grant under this
part, pending compliance, if the Attorney General finds that
violent offenders are participating in any program funded under
this part.
‘‘SEC. 2203. DEFINITION.
‘‘In this part, ‘violent offender’ means a person who—
‘‘(1) is charged with or convicted of an offense, during
the course of which offense or conduct—
‘‘(A) the person carried, possessed, or used a firearm
or dangerous weapon;
‘‘(B) there occurred the death of or serious bodily injury
to any person; or
‘‘(C) there occurred the use of force against the person
of another,
without regard to whether any of the circumstances described
in subparagraph (A), (B), or (C) is an element of the offense
or conduct of which or for which the person is charged or
convicted; or
‘‘(2) has one or more prior convictions for a felony crime
of violence involving the use or attempted use of force against
a person with the intent to cause death or serious bodily harm.
‘‘SEC. 2204. ADMINISTRATION.
‘‘(a) CONSULTATION.—The Attorney General shall consult with
the Secretary of Health and Human Services and any other appro-
priate officials in carrying out this part.
H. R. 3355—162
‘‘(b) USE OF COMPONENTS.—The Attorney General may utilize
any component or components of the Department of Justice in
carrying out this part.
‘‘(c) REGULATORY AUTHORITY.—The Attorney General may issue
regulations and guidelines necessary to carry out this part.
‘‘(d) APPLICATIONS.—In addition to any other requirements that
may be specified by the Attorney General, an application for a
grant under this part shall—
‘‘(1) include a long-term strategy and detailed implementa-
tion plan;
‘‘(2) explain the applicant’s inability to fund the program
adequately without Federal assistance;
‘‘(3) certify that the Federal support provided will be used
to supplement, and not supplant, State, Indian tribal, and
local sources of funding that would otherwise be available;
‘‘(4) identify related governmental or community initiatives
which complement or will be coordinated with the proposal;
‘‘(5) certify that there has been appropriate consultation
with all affected agencies and that there will be appropriate
coordination with all affected agencies in the implementation
of the program;
‘‘(6) certify that participating offenders will be supervised
by one or more designated judges with responsibility for the
drug court program;
‘‘(7) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support; and
‘‘(8) describe the methodology that will be used in evaluat-
ing the program.
‘‘SEC. 2205. APPLICATIONS.
‘‘To request funds under this part, the chief executive or the
chief justice of a State or the chief executive or chief judge of
a unit of local government or Indian tribal government shall submit
an application to the Attorney General in such form and containing
such information as the Attorney General may reasonably require.
‘‘SEC. 2206. FEDERAL SHARE.
‘‘The Federal share of a grant made under this part may
not exceed 75 percent of the total costs of the program described
in the application submitted under section 2205 for the fiscal year
for which the program receives assistance under this part, unless
the Attorney General waives, wholly or in part, the requirement
of a matching contribution under this section. In-kind contributions
may constitute a portion of the non-Federal share of a grant.
‘‘SEC. 2207. GEOGRAPHIC DISTRIBUTION.
‘‘The Attorney General shall ensure that, to the extent prac-
ticable, an equitable geographic distribution of grant awards is
made.
‘‘SEC. 2208. REPORT.
‘‘A State, Indian tribal government, or unit of local government
that receives funds under this part during a fiscal year shall submit
to the Attorney General a report in March of the following year
regarding the effectiveness of this part.
H. R. 3355—163
‘‘SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
‘‘(a) TECHNICAL ASSISTANCE AND TRAINING.—The Attorney Gen-
eral may provide technical assistance and training in furtherance
of the purposes of this part.
‘‘(b) EVALUATIONS.—In addition to any evaluation requirements
that may be prescribed for grantees, the Attorney General may
carry out or make arrangements for evaluations of programs that
receive support under this part.
‘‘(c) ADMINISTRATION.—The technical assistance, training, and
evaluations authorized by this section may be carried out directly
by the Attorney General, in collaboration with the Secretary of
Health and Human Services, or through grants, contracts, or other
cooperative arrangements with other entities.’’.
(b) TECHNICAL AMENDMENT.—The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.), as amended by section 40231(b), is amended
by striking the matter relating to part V and inserting the following:
‘‘PART V—DRUG COURTS
‘‘Sec. 2201. Grant authority.
‘‘Sec. 2202. Prohibition of participation by violent offenders.
‘‘Sec. 2203. Definition.
‘‘Sec. 2204. Administration.
‘‘Sec. 2205. Applications.
‘‘Sec. 2206. Federal share.
‘‘Sec. 2207. Geographic distribution.
‘‘Sec. 2208. Report.
‘‘Sec. 2209. Technical assistance, training, and evaluation.
‘‘PART W—TRANSITION-EFFECTIVE DATE-REPEALER
‘‘Sec. 2301. Continuation of rules, authorities, and proceedings.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3793), as amended by section 40231(c), is amended—
(1) in paragraph (3) by striking ‘‘and U’’ and inserting
‘‘U, and V’’; and
(2) by adding at the end the following new paragraph:
‘‘(20) There are authorized to be appropriated to carry out
part V—
‘‘(A) $100,000,000 for fiscal year 1995;
‘‘(B) $150,000,000 for fiscal year 1996;
‘‘(C) $150,000,000 for fiscal year 1997;
‘‘(D) $200,000,000 for fiscal year 1998;
‘‘(E) $200,000,000 for fiscal year 1999; and
‘‘(F) $200,000,000 for fiscal year 2000.’’.
SEC. 50002. STUDY BY THE GENERAL ACCOUNTING OFFICE.
(a) IN GENERAL.—The Comptroller General of the United States
shall study and assess the effectiveness and impact of grants author-
ized by part V of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 as added by section 50001(a) and report to
Congress the results of the study on or before January 1, 1997.
(b) DOCUMENTS AND INFORMATION.—The Attorney General and
grant recipients shall provide the Comptroller General with all
relevant documents and information that the Comptroller General
deems necessary to conduct the study under subsection (a), includ-
ing the identities and criminal records of program participants.
(c) CRITERIA.—In assessing the effectiveness of the grants made
under programs authorized by part V of the Omnibus Crime Control
H. R. 3355—164
and Safe Streets Act of 1968, the Comptroller General shall con-
sider, among other things—
(1) recidivism rates of program participants;
(2) completion rates among program participants;
(3) drug use by program participants; and
(4) the costs of the program to the criminal justice system.
TITLE VI—DEATH PENALTY
SEC. 60001. SHORT TITLE.
This title may be cited as the ‘‘Federal Death Penalty Act
of 1994’’.
SEC. 60002. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF
THE SENTENCE OF DEATH.
(a) IN GENERAL.—Part II of title 18, United States Code, is
amended by inserting after chapter 227 the following new chapter:
‘‘CHAPTER 228—DEATH SENTENCE
‘‘Sec.
‘‘3591. Sentence of death.
‘‘3592. Mitigating and aggravating factors to be considered in determining whether
a sentence of death is justified.
‘‘3593. Special hearing to determine whether a sentence of death is justified.
‘‘3594. Imposition of a sentence of death.
‘‘3595. Review of a sentence of death.
‘‘3596. Implementation of a sentence of death.
‘‘3597. Use of State facilities.
‘‘3598. Special provisions for Indian country.
‘‘§ 3591. Sentence of death
‘‘(a) A defendant who has been found guilty of—
‘‘(1) an offense described in section 794 or section 2381;
or
‘‘(2) any other offense for which a sentence of death is
provided, if the defendant, as determined beyond a reasonable
doubt at the hearing under section 3593—
‘‘(A) intentionally killed the victim;
‘‘(B) intentionally inflicted serious bodily injury that
resulted in the death of the victim;
‘‘(C) intentionally participated in an act, contemplating
that the life of a person would be taken or intending
that lethal force would be used in connection with a person,
other than one of the participants in the offense, and
the victim died as a direct result of the act; or
‘‘(D) intentionally and specifically engaged in an act
of violence, knowing that the act created a grave risk
of death to a person, other than one of the participants
in the offense, such that participation in the act constituted
a reckless disregard for human life and the victim died
as a direct result of the act,
shall be sentenced to death if, after consideration of the factors
set forth in section 3592 in the course of a hearing held pursuant
to section 3593, it is determined that imposition of a sentence
of death is justified, except that no person may be sentenced to
death who was less than 18 years of age at the time of the offense.
‘‘(b) A defendant who has been found guilty of—
H. R. 3355—165
‘‘(1) an offense referred to in section 408(c)(1) of the Con-
trolled Substances Act (21 U.S.C. 848(c)(1)), committed as part
of a continuing criminal enterprise offense under the conditions
described in subsection (b) of that section which involved not
less than twice the quantity of controlled substance described
in subsection (b)(2)(A) or twice the gross receipts described
in subsection (b)(2)(B); or
‘‘(2) an offense referred to in section 408(c)(1) of the Con-
trolled Substances Act (21 U.S.C. 848(c)(1)), committed as part
of a continuing criminal enterprise offense under that section,
where the defendant is a principal administrator, organizer,
or leader of such an enterprise, and the defendant, in order
to obstruct the investigation or prosecution of the enterprise
or an offense involved in the enterprise, attempts to kill or
knowingly directs, advises, authorizes, or assists another to
attempt to kill any public officer, juror, witness, or members
of the family or household of such a person,
shall be sentenced to death if, after consideration of the factors
set forth in section 3592 in the course of a hearing held pursuant
to section 3593, it is determined that imposition of a sentence
of death is justified, except that no person may be sentenced to
death who was less than 18 years of age at the time of the offense.
‘‘§ 3592. Mitigating and aggravating factors to be considered
in determining whether a sentence of death is
justified
‘‘(a) MITIGATING FACTORS.—In determining whether a sentence
of death is to be imposed on a defendant, the finder of fact shall
consider any mitigating factor, including the following:
‘‘(1) IMPAIRED
CAPACITY.—The defendant’s capacity to
appreciate the wrongfulness of the defendant’s conduct or to
conform conduct to the requirements of law was significantly
impaired, regardless of whether the capacity was so impaired
as to constitute a defense to the charge.
‘‘(2) DURESS.—The defendant was under unusual and
substantial duress, regardless of whether the duress was of
such a degree as to constitute a defense to the charge.
‘‘(3) MINOR PARTICIPATION.—The defendant is punishable
as a principal in the offense, which was committed by another,
but the defendant’s participation was relatively minor, regard-
less of whether the participation was so minor as to constitute
a defense to the charge.
‘‘(4) EQUALLY CULPABLE DEFENDANTS.—Another defendant
or defendants, equally culpable in the crime, will not be pun-
ished by death.
‘‘(5) NO PRIOR CRIMINAL RECORD.—The defendant did not
have a significant prior history of other criminal conduct.
‘‘(6) DISTURBANCE.—The defendant committed the offense
under severe mental or emotional disturbance.
‘‘(7) VICTIM’S CONSENT.—The victim consented to the crimi-
nal conduct that resulted in the victim’s death.
‘‘(8) OTHER
FACTORS.—Other factors in the defendant’s
background, record, or character or any other circumstance
of the offense that mitigate against imposition of the death
sentence.
‘‘(b) AGGRAVATING FACTORS FOR ESPIONAGE AND TREASON.—
In determining whether a sentence of death is justified for an