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tions of the task force. If the report of the task force is classi-
fied, an unclassified version shall be prepared for public
distribution.
SEC. 723. TERRORIST DEATH PENALTY ACT.
Section 2332(a)(1) of title 18, United States Code is
amended to read as follows:
‘‘(1) if the killing is murder (as defined in sec-
tion 1111(a)), be fined under this title, punished by
death or imprisonment for any term of years or for
life, or both;’’.
SEC. 724. SENTENCING GUIDELINES INCREASE FOR TER-
RORIST CRIMES.
The United States Sentencing Commission is directed
to amend its sentencing guidelines to provide an appro-
priate enhancement for any felony, whether committed
within or outside the United States, that involves or is in-
tended to promote international terrorism, unless such in-
volvement or intent is itself an element of the crime.
SEC. 725. ALIEN WITNESS COOPERATION.
(a) ESTABLISHMENT OF NEW NONIMMIGRANT CLASSI-
FICATION.—Section 101(a)(15) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(Q),
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(2) by striking the period at the end of subpara-
graph (R) and inserting ‘‘; or’’, and
(3) by adding at the end the following new sub-
paragraph:
‘‘(S) subject to section 214(j), an alien—
‘‘(i) who the Attorney General determines—
‘‘(I) is in possession of critical reliable
information concerning a criminal organi-
zation or enterprise, and
‘‘(II) is willing to supply such infor-
mation to Federal or State law enforcement
authorities or a Federal or State court of
law, and
‘‘(ii) whose presence in the United States
the Attorney General determines is essential to
the success of an authorized criminal investiga-
tion or the successful prosecution of an individ-
ual involved in the criminal organization or en-
terprise,
and the spouse and minor children of the alien if ac-
companying, or following to join, the alien.’’.
(b) CONDITIONS OF ENTRY.—
(1) WAIVER OF GROUNDS FOR EXCLUSION.—Sec-
tion 212(d) of the Immigration and Nationality Act
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(8 U.S.C. 1182(d)) is amended by inserting before
paragraph (2) the following new paragraph:
‘‘(1) The Attorney General may, in the Attorney Gen-
eral’s discretion, waive the application of subsection (a)
(other than paragraph (3)(E) thereof) in the case of a non-
immigrant described in section 101(a)(15)(S), if the Attor-
ney General deems it in the national interest. Any such
waiver shall be deemed a waiver of any comparable ground
for deportation under section 241(a)(1)(A).’’.
(2) NUMERICAL LIMITATIONS; PERIOD OF ADMIS-
SION; ETC.—Section 214 of the Immigration and Na-
tionality Act (8 U.S.C. 1184) is amended by adding
at the end the following new subsection:
‘‘(j)(1) The number of aliens who may be provided a
visa as nonimmigrants under section 101(a)(15)(S) in any
fiscal year may not exceed 100.
‘‘(2) No alien may be admitted into the United States
as such a nonimmigrant more than 5 years after the date
of the enactment of this subsection.
‘‘(3) The period of admission of an alien as such a
nonimmigrant may not exceed 3 years. Such period may
not be extended by the Attorney General.
‘‘(4) As a condition for the admission, and continued
stay in lawful status, of such a nonimmigrant, the non-
immigrant—
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‘‘(A) shall report not less often than quarterly to
the Commissioner such information concerning the
alien’s whereabouts and activities as the Attorney
General may require,
‘‘(B) may not be convicted of any criminal of-
fense in the United States after the date of such ad-
mission, and
‘‘(C) must have executed a form that waives the
nonimmigrant’s right to contest, other than on the
basis of an application for withholding of deporta-
tion, any action for deportation of the alien instituted
before the alien obtains lawful permanent resident
status.
‘‘(5) The Attorney General shall submit a report annu-
ally to the Committees on the Judiciary of the House of
Representatives and of the Senate concerning—
‘‘(A) the number of such nonimmigrants admit-
ted,
‘‘(B) the number of successful criminal prosecu-
tions or investigations resulting from cooperation of
such aliens,
‘‘(C) the number of such nonimmigrants whose
admission has not resulted in successful criminal
prosecution or investigation, and
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‘‘(D) the number of such nonimmigrants who
have failed to report quarterly (as required under
paragraph (4)) or who have been convicted of crimes
in the United States after the date of their admission
as such a nonimmigrant.’’.
(3) PROHIBITION OF CHANGE OF STATUS.—Sec-
tion 248(1) of the Immigration and Nationality Act
(8 U.S.C. 1258(1)) is amended by striking ‘‘or (K)’’
and inserting ‘‘(K), or (S)’’.
(c) ADJUSTMENT
TO PERMANENT RESIDENT STA-
TUS.—
(1) IN GENERAL.—Section 245 of the Immigra-
tion and Nationality Act (8 U.S.C. 1255) is amended
by adding at the end the following new subsection:
‘‘(h)(1) If, in the opinion of the Attorney General—
‘‘(A) a nonimmigrant admitted into the United
States under section 101(a)(15)(S) has supplied infor-
mation described in clauses (i) and (ii) of that sec-
tion, and
‘‘(B) the provision of such information has sub-
stantially contributed to the success of an authorized
criminal investigation or the successful prosecution of
an individual described in clause (ii) of that section,
the Attorney General may adjust the status of the alien (and
the spouse and child of the alien if admitted under such
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section) to that of an alien lawfully admitted for permanent
residence if the alien is not described in section
212(a)(3)(E).
‘‘(2) Upon the approval of adjustment of status under
paragraph (1), the Attorney General shall record the alien’s
lawful admission for permanent residence as of the date of
such approval, and the Secretary of State shall reduce by
1 the number of visas authorized to be issued under section
201(d) and 203(b)(4) for the fiscal year then current.’’.
(2) EXCLUSIVE MEANS OF ADJUSTMENT.—Sec-
tion 245(c) of the Immigration and Nationality Act
(8 U.S.C. 1255(c)) is amended—
(A) by striking ‘‘or’’ before ‘‘(3)’’ and ‘‘(4)’’;
and
(B) by inserting before the period at the end
the following: ‘‘; or (5) an alien who was admit-
ted as a nonimmigrant described in section
101(a)(15)(S)’’.
(d) 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)) is amended by inserting ‘‘(or 10 years
in the case of an alien provided lawful permanent resident
status under section 245(h))’’ after ‘‘five years’’.
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SEC. 726. PROVIDING MATERIAL SUPPORT TO TERRORISTS.
(a) OFFENSE.—Chapter 113A of title 18, United
States Code, is amended by adding the following new sec-
tion:
‘‘§ 2339A. Providing material support to terrorists
‘‘(a) DEFINITION.—In this section, ‘material support
or resources’ means currency or other financial securities,
financial services, lodging, training, safehouses, false docu-
mentation or identification, communications equipment,
facilities, weapons, lethal substances, explosives, personnel,
transportation, and other physical assets, but does not in-
clude humanitarian assistance to persons not directly in-
volved in such violations.
‘‘(b) OFFENSE.—A person who, within the United
States, provides material support or resources or conceals
or disguises the nature, location, source, or ownership of
material support or resources, knowing or intending that
they are to be used in preparation for, or in carrying out,
a violation of section 32, 36, 351, 844 (f) or (i), 1114, 1116,
1203, 1361, 1363, 1751, 2280, 2281, 2331, or 2339 of this
title or section 902(i) of the Federal Aviation Act of 1958
(49 U.S.C. App. 1472(i)), or in preparation for or carrying
out the concealment of an escape from the commission of
any such violation, shall be fined under this title, impris-
oned not more than 10 years, or both.’’.
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(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 113A of title 18, United States Code, is amended
by adding the following new item:
‘‘2339A. Providing material support to terrorists.’’.
TITLE VIII—SEXUAL VIOLENCE
AND ABUSE OF CHILDREN,
THE ELDERLY, AND INDIVID-
UALS WITH DISABILITIES
Subtitle A—Sexual Abuse
SEC. 801. SEXUAL ABUSE AMENDMENTS.
(a) DEFINITIONS OF SEXUAL ACT AND SEXUAL CON-
TACT FOR VICTIMS UNDER THE AGE OF 16.—Paragraph
(2) of section 2245 of title 18, United States Code, is
amended—
(1) in subparagraph (B) by striking ‘‘or’’ after
the semicolon;
(2) in subparagraph (C) by striking ‘‘; and’’ and
inserting ‘‘; or’’; and
(3) by inserting a new subparagraph (D) as fol-
lows:
‘‘(D) the intentional touching, not through
the clothing, of the genitalia of another person
who has not attained the age of 16 years with
an intent to abuse, humiliate, harass, degrade, or
arouse or gratify the sexual desire of any per-
son;’’.
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Subtitle B—Protection of Children,
the 
Elderly, 
and 
Individuals
With Disabilities
SEC. 811. SHORT TITLE.
This subtitle may be cited as the ‘‘National Child, El-
derly, and Individuals with Disabilities Protection Act of
1993’’.
SEC. 812. PURPOSES.
The purposes of this subtitle are—
(1) to establish a national system through which
organizations that care for children, the elderly, or in-
dividuals with disabilities may obtain the benefit of
a nationwide criminal background check to determine
if persons who are current or prospective care provid-
ers have committed abuse crimes or other serious
crimes;
(2) to establish minimum criteria for State laws
and procedures that permit organizations that care
for children, the elderly, or individuals with disabil-
ities to obtain the benefit of nationwide criminal
background checks to determine if persons who are
current or prospective care providers have committed
abuse crimes or other serious crimes;
(3) to provide procedural rights for persons who
are subject to nationwide criminal background checks,
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including procedures to challenge and correct inac-
curate background check information;
(4) to establish a national system for the report-
ing by the States of abuse crime information; and
(5) to document and study the problem of child
abuse by providing statistical and informational data
on child abuse and related crimes to the Department
of Justice and other interested parties.
SEC. 813. DEFINITIONS.
For the purposes of this subtitle—
(1) the term ‘‘abuse crime’’ means a child abuse
crime, a crime against the elderly, or a crime against
an individual with disabilities.
(2) the term ‘‘abuse crime information’’ means
the following facts concerning a person who is under
indictment for, or has been convicted of, an abuse
crime: full name, race, sex, date of birth, height,
weight, a brief description of the abuse crime or of-
fenses for which the person has been arrested or is
under indictment or has been convicted, the disposi-
tion of the charge, and any other information that the
Attorney General determines may be useful in identi-
fying persons arrested for, under indictment for, or
convicted of, an abuse crime;
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(3) the term ‘‘authorized agency’’ means a divi-
sion or office of a State designated by a State to re-
port, receive, or disseminate information under this
subtitle;
(4) the term ‘‘background check crime’’ means an
abuse crime, murder, manslaughter, aggravated as-
sault, kidnapping, arson, sexual assault, domestic vio-
lence, incest, indecent exposure, prostitution, pro-
motion of prostitution, burglary, robbery, embezzle-
ment, larceny, fraud, and a felony offense involving
the use or distribution of a controlled substance;
(5) the term ‘‘child’’ means a person who is a
child for purposes of the criminal child abuse law of
a State;
(6) the term ‘‘child abuse’’ means the physical or
mental injury, sexual abuse or exploitation, neglectful
treatment, negligent treatment, or maltreatment of a
child by any person in violation of the criminal child
abuse laws of a State, but does not include discipline
administered by a parent or legal guardian to his or
her child provided it is reasonable in manner and
moderate in degree and otherwise does not constitute
cruelty;
(7) the term ‘‘child abuse crime’’ means a crime
committed under any law of a State that establishes
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criminal penalties for the commission of child abuse
by a parent or other family member of a child or by
any other person;
(8) the term ‘‘care’’ means the provision of care,
treatment, education, training, instruction, super-
vision, or recreation to children, the elderly, or indi-
viduals with disabilities;
(9) the term ‘‘domestic violence’’ means a felony
or misdemeanor involving the use or threatened use of
force by—
(A) a present or former spouse of the victim;
(B) a person with whom the victim shares
a child in common;
(C) a person who is cohabiting with or has
cohabited with the victim as a spouse; or
(D) any person defined as a spouse of the
victim under the domestic or family violence
laws of a State;
(10) the term ‘‘elderly’’ means a person who is
sixty-five years old or older.
(11) the term ‘‘exploitation’’ means child pornog-
raphy and child prostitution;
(12) the term ‘‘mental injury’’ means harm to a
person’s psychological or intellectual functioning,
which may be exhibited by severe anxiety, depression,
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withdrawal or outward aggressive behavior, or a com-
bination of those behaviors or by a change in behav-
ior, emotional response, or cognition;
(13) the term ‘‘national criminal background
check system’’ means the system maintained by the
Federal Bureau of Investigation based on fingerprint
identification or any other method of positive identi-
fication;
(14) the term ‘‘negligent treatment’’ means the
failure to provide, for a reason other than poverty,
adequate food, clothing, shelter, or medical care so as
to seriously endanger the physical health of a child,
elderly person, or individual with disabilities;
(15) the term ‘‘individual with a disability’’
means an individual with a disability (as defined in
section 3(2) of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102(21)));
(16) the term ‘‘physical injury’’ includes lacera-
tions, fractured bones, burns, internal injuries, severe
bruising, and serious bodily harm;
(17) the term ‘‘provider’’ means—
(A) a person who—
(i) is employed by or volunteers with a
qualified entity;
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(ii) who owns or operates a qualified
entity; or
(iii) who has or may have unsuper-
vised access to a person to whom the quali-
fied entity provides care; and
(B) a person who—
(i) seeks to be employed by or volunteer
with a qualified entity;
(ii) seeks to own or operate a qualified
entity; or
(iii) seeks to have or may have unsu-
pervised access to a to whom the qualified
entity provides care;
(18) the term ‘‘qualified entity’’ means a busi-
ness or organization, whether public, private, for-prof-
it, not-for-profit, or voluntary, that provides care or
care placement services, including a business or orga-
nization that licenses or certifies others to provide
care or care placement services;
(19) the term ‘‘sex crime’’ means an act of sexual
abuse that is a criminal act;
(20) the term ‘‘sexual abuse’’ includes the em-
ployment, use, persuasion, inducement, enticement, or
coercion of a child to engage in, or assist another per-
son to engage in, sexually explicit conduct or the
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rape, molestation, prostitution, or other form of sex-
ual exploitation of children or incest with children;
and
(21) the term ‘‘State’’ means a State, the Dis-
trict of Columbia, the Commonwealth of Puerto Rico,
American Samoa, the Virgin Islands, Guam, and the
Trust Territories of the Pacific.
SEC. 814. REPORTING BY THE STATES.
(a) IN GENERAL.—An authorized criminal justice
agency of a State shall report child abuse crime information
to, or index child abuse crime information in, the national
criminal background check system.
(b) PROVISION
OF
STATE
CHILD
ABUSE
CRIME
RECORDS THROUGH
THE NATIONAL CRIMINAL BACK-
GROUND CHECK SYSTEM.—(1) Not later than 180 days
after the date of enactment of this Act, the Attorney General
shall, subject to the availability of appropriations—
(A) investigate the criminal records of each State
and determine for each State a timetable by which the
State should be able to provide child abuse crime
records on an on-line capacity basis through the na-
tional criminal background check system;
(B) establish guidelines for the reporting or in-
dexing of child abuse crime information, including
guidelines relating to the format, content, and accu-
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racy of child abuse crime information and other pro-
cedures for carrying out this Act; and
(C) notify each State of the determinations made
pursuant to subparagraphs (A) and (B).
(2) The Attorney General shall require as a part of
the State timetable that the State—
(A) achieve, by not later than the date that is 3
years after the date of enactment of this Act, at least
80 percent currency of final case dispositions in com-
puterized criminal history files for all identifiable
child abuse crime cases in which there has been an
event of activity within the last 5 years;
(B) continue to maintain at least 80 percent
currency of final case dispositions in all identifiable
child abuse crime cases in which there has been an
event of activity within the preceding 5 years; and
(C) take steps to achieve full disposition report-
ing, including data quality audits and periodic no-
tices to criminal justice agencies identifying records
that lack final dispositions and requesting those dis-
positions.
(c) LIAISON.—An authorized agency of a State shall
maintain close liaison with the National Center on Child
Abuse and Neglect, the National Center for Missing and Ex-
ploited Children, and the National Center for the Prosecu-
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tion of Child Abuse for the exchange of technical assistance
in cases of child abuse.
(d) ANNUAL SUMMARY.—(1) The Attorney General
shall publish an annual statistical summary of the child
abuse crime information reported under this subtitle.
(2) The annual statistical summary described in para-
graph (1) shall not contain any information that may re-
veal the identity of any particular victim or alleged viola-
tor.
(e) ANNUAL REPORT.—The Attorney General shall
publish an annual summary of each State’s progress in re-
porting child abuse crime information to the national
criminal background check system.
(f) STUDY OF CHILD ABUSE OFFENDERS.—(1) Not
later than 180 days after the date of enactment of this Act,
the Administrator of the Office of Juvenile Justice and De-
linquency Prevention shall begin a study based on a statis-
tically significant sample of convicted child abuse offenders
and other relevant information to determine—
(A) the percentage of convicted child abuse of-
fenders who have more than 1 conviction for an of-
fense involving child abuse;
(B) the percentage of convicted child abuse of-
fenders who have been convicted of an offense involv-
ing child abuse in more than 1 State;
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(C) whether there are crimes or classes of crimes,
in addition to those defined as background check
crimes in section 3, that are indicative of a potential
to abuse children; and
(D) the extent to which and the manner in which
instances of child abuse form a basis for convictions
for crimes other than child abuse crimes.
(2) Not later than 1 year after the date of enactment
of this Act, the Administrator shall submit a report to the
Chairman of the Committee on the Judiciary of the Senate
and the Chairman of the Committee on the Judiciary of
the House of Representatives containing a description of
and a summary of the results of the study conducted pursu-
ant to paragraph (1).
SEC. 815. BACKGROUND CHECKS.
(a) IN GENERAL.—(1) A State may have in effect pro-
cedures (established by or under State statute or regulation)
to permit a qualified entity to contact an authorized agency
of the State to request a nationwide background check for
the purpose of determining whether there is a report that
a provider is under indictment for, or has been convicted
of, a background check crime.
(2) The authorized agency shall access and review
State and Federal records of background check crimes
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through the national criminal background check system and
shall respond promptly to the inquiry.
(b) GUIDELINES.—(1) The Attorney General shall es-
tablish guidelines for State background check procedures es-
tablished under subsection (a), which guidelines shall in-
clude the requirements and protections of this subtitle.
(2) The guidelines established under paragraph (1)
shall require—
(A) that no qualified entity may request a back-
ground check of a provider under subsection (a) un-
less the provider first completes and signs a statement
that—
(i) contains the name, address, and date of
birth appearing on a valid identification docu-
ment (as defined by section 1028(d)(1) of title
18, United States Code) of the provider;
(ii) the provider is not under indictment
for, and has not been convicted of, a background
check crime and, if the provider is under indict-
ment for or has been convicted of a background
check crime, contains a description of the crime
and the particulars of the indictment or convic-
tion;
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(iii) notifies the provider that the entity
may request a background check under subsection
(a);
(iv) notifies the provider of the provider’s
rights under subparagraph (B); and
(v) notifies the provider that prior to the re-
ceipt of the background check the qualified entity
may choose to deny the provider unsupervised
access to a person to whom the qualified entity
provides care;
(B) that each State establish procedures under
which a provider who is the subject of a background
check under subsection (a) is entitled—
(i) to obtain a copy of any background
check report and any record that forms the basis
for any such report; and
(ii) to challenge the accuracy and complete-
ness of any information contained in any such
report or record and obtain a prompt determina-
tion from an authorized agency as to the validity
of such challenge;
(C) that an authorized agency to which a quali-
fied entity has provided notice pursuant to subsection
(a) make reasonable efforts to complete research in
whatever State and local recordkeeping systems are
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available and in the national criminal background
check system and respond to the qualified entity with-
in 15 business days;
(D) that the response of an authorized agency to
an inquiry pursuant to subsection (a) inform the
qualified entity that the background check pursuant
to this section—
(i) may not reflect all indictments or con-
victions for a background check crime; and
(ii) may not be the sole basis for determin-
ing the fitness of a provider;
(E) that the response of an authorized agency to
an inquiry pursuant to subsection (a) be limited to
the conviction or pending indictment information
reasonably required to accomplish the purposes of this
Act;
(F) that the qualified entity may choose to deny
the provider unsupervised access to a person to whom
the qualified entity provides care on the basis of a
background check under subsection (a) until the pro-
vider has obtained a determination as to the validity
of any challenge under subparagraph (B) or waived
the right to make such challenge;
(G) that each State establish procedures to en-
sure that any background check under subsection (a)
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and the results thereof shall be requested by and pro-
vided only to—
(i) qualified entities identified by States;
(ii) authorized representatives of a qualified
entity who have a need to know such informa-
tion;
(iii) the provider who is the subject of a
background check;
(iv) law enforcement authorities; or
(v) pursuant to the direction of a court of
law;
(H) that background check information conveyed
to a qualified entity pursuant to subsection (a) shall
not be conveyed to any person except as provided
under subparagraph (G);
(I) that an authorized agency shall not be liable
in an action at law for damages for failure to prevent
a qualified entity from taking action adverse to a
provider on the basis of a background check;
(J) that a State employee or a political subdivi-
sion of a State or employee thereof responsible for
providing information to the national criminal back-
ground check system shall not be liable in an action
at law for damages for failure to prevent a qualified
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entity from taking action adverse to a provider on the
basis a background check; and
(K) that a State or Federal provider of criminal
history records, and any employee thereof, shall not be
liable in an action at law for damages for failure to
prevent a qualified entity from taking action adverse
to a provider on the basis of a criminal background
check, or due to a criminal history record’s being in-
complete.
(c) EQUIVALENT PROCEDURES.—(1) Notwithstanding
anything to the contrary in this section, the Attorney Gen-
eral may certify that a State licensing or certification pro-
cedure that differs from the procedures described in sub-
sections (a) and (b) shall be deemed to be the equivalent
of such procedures for purposes of this Act, but the proce-
dures described in subsections (a) and (b) shall continue
to apply to those qualified entities, providers, and back-
ground check crimes that are not governed by or included
within the State licensing or certification procedure.
(2) The Attorney General shall by regulation establish
criteria for certifications under this subsection. Such cri-
teria shall include a finding by the Attorney General that
the State licensing or certification procedure accomplishes
the purposes of this Act and incorporates a nationwide re-
view of State and Federal records of background check of-
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fenses through the national criminal background check sys-
tem.
(d) REGULATIONS.—(1) The Attorney General may by
regulation prescribe such other measures as may be required
to carry out the purposes of this Act, including measures
relating to the security, confidentiality, accuracy, use, mis-
use, and dissemination of information, and audits and rec-
ordkeeping.
(2) The Attorney General shall, to the maximum extent
possible, encourage the use of the best technology available
in conducting background checks.
SEC. 816. FUNDING FOR IMPROVEMENT OF CHILD ABUSE
CRIME INFORMATION.
(a) USE OF FORMULA GRANTS FOR IMPROVEMENTS IN
STATE RECORDS AND SYSTEMS.—Section 509(b) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3759(b)) is amended—
(1) in paragraph (2) by striking ‘‘and’’ after the
semicolon;
(2) in paragraph (3) by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following new para-
graph:
‘‘(4) the improvement of State record systems
and the sharing of all of the records described in
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paragraphs (1), (2), and (3) and the records required
by the Attorney General under section 914 of the Na-
tional Child, Elderly, and Individuals with Disabil-
ities Protection Act of 1993 with the Attorney General
for the purpose of implementing the National Child,
Elderly, and Individuals with Disabilities Protection
Act of 1993, and the information and records referred
to in section 406 of the Indian Child Protection and
Family Violence Prevention Act.’’.
(b) ADDITIONAL FUNDING GRANTS FOR THE IMPROVE-
MENT OF CHILD ABUSE CRIME INFORMATION.—(1) The At-
torney General shall, subject to appropriations and with
preference to States that as of the date of enactment of this
Act have the lowest percent currency of case dispositions
in computerized criminal history files, make a grant to each
State to be used—
(A) for the computerization of criminal history
files for the purposes of this subtitle;
(B) for the improvement of existing computerized
criminal history files for the purposes of this subtitle;
(C) to improve accessibility to the national
criminal background check system for the purposes of
this subtitle; and
(D) to assist the State in the transmittal of
criminal records to, or the indexing of criminal his-
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tory record in, the national criminal background
check system for the purposes of this subtitle.
(2) There are authorized to be appropriated for grants
under paragraph (1) a total of $40,000,000 for fiscal years
1995, 1996, and 1997.
(c) WITHHOLDING STATE FUNDS.—Effective 1 year
after the date of enactment of this Act, the Attorney General
may reduce by up to 10 percent the allocation to a State
for a fiscal year under title I of the Omnibus Crime Control
and Safe Streets Act of 1968 of a State that is not in com-
pliance with the timetable established for that State under
section 914 of this Act.
Subtitle C—Crimes Against
Children
SEC. 821. SHORT TITLE.
This subtitle may be cited as the ‘‘Jacob Wetterling
Crimes Against Children Registration Act’’.
SEC. 822. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—
(1) STATE GUIDELINES.—The Attorney General
shall establish guidelines for State programs requiring
any person who is convicted of a criminal offense
against a victim who is a minor to register a current
address with a designated State law enforcement
agency for 10 years after release from prison, being
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placed on parole, or being placed on supervised re-
lease.
(2) DEFINITION.—For purposes of this sub-
section, the term ‘‘criminal offense against a victim
who is a minor’’ includes—
(A) kidnapping of a minor, except by a
noncustodial parent;
(B) false imprisonment of a minor, except
by a noncustodial parent;
(C) criminal sexual conduct toward a
minor;
(D) solicitation of minors to engage in sex-
ual conduct;
(E) use of minors in a sexual performance;
or
(F) solicitation of minors to practice pros-
titution.
(b) REGISTRATION REQUIREMENT UPON RELEASE,
PAROLE, OR SUPERVISED RELEASE.—An approved State
registration program established by this section shall con-
tain the following requirements:
(1) NOTIFICATION.—If a person who is required
to register under this section is released from prison,
paroled, or placed on supervised release, a State pris-
on officer shall—
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(A) inform the person of the duty to reg-
ister;
(B) inform the person that if the person
changes residence address, the person shall give
the new address to a designated State law en-
forcement agency in writing within 10 days;
(C) obtain fingerprints and a photograph of
the person if these have not already been ob-
tained in connection with the offense that trig-
gers registration; and
(D) require the person to read and sign a
form stating that the duty of the person to reg-
ister under this section has been explained.
(2) TRANSFER OF INFORMATION TO STATE AND
THE FBI.—The officer shall, within 3 days after re-
ceipt of information described in paragraph (1), for-
ward it to a designated State law enforcement agency.
The State law enforcement agency shall immediately
enter the information into the appropriate State law
enforcement record system and notify the appropriate
law enforcement agency having jurisdiction where the
person expects to reside. The State law enforcement
agency shall also immediately transmit the conviction
data and fingerprints to the Identification Division of
the Federal Bureau of Investigation.
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(3) ANNUAL VERIFICATION.—On each anniver-
sary of a person’s initial registration date during the
period in which the person is required to register
under this section, the designated State law enforce-
ment agency shall mail a nonforwardable verification
form to the last reported address of the person. The
person shall mail the verification form to the officer
within 10 days after receipt of the form. The verifica-
tion form shall be signed by the person, and state that
the person still resides at the address last reported to
the designated State law enforcement agency. If the
person fails to mail the verification form to the des-
ignated State law enforcement agency within 10 days
after receipt of the form, the person shall be in viola-
tion of this section unless the person proves that the
person has not changed his or her residence address.
(4) NOTIFICATION OF LOCAL LAW ENFORCEMENT
AGENCIES OF CHANGES IN ADDRESS.—Any change of
address by a person required to register under this
section reported to the designated State law enforce-
ment agency shall immediately be reported to the ap-
propriate law enforcement agency having jurisdiction
where the person is residing.
(c) REGISTRATION FOR 10 YEARS.—A person required
to register under this section shall continue to comply with
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this section until 10 years have elapsed since the person
was released from imprisonment, or placed on parole or su-
pervised release.
(d) PENALTY.—A person required to register under a
State program established pursuant to this section who
knowingly fails to so register and keep such registration
current shall be subject to criminal penalties in such State.
It is the sense of Congress that such penalties should include
at least 6 months imprisonment.
(e) PRIVATE DATA.—The information provided under
this section is private data on individuals and may be used
for law enforcement purposes and confidential background
checks conducted with fingerprints by a designated State
law enforcement agency for child care services providers.
SEC. 823. STATE COMPLIANCE.
(a) COMPLIANCE DATE.—Each State shall have 3
years from the date of enactment of this Act in which to
implement the provisions of this subtitle.
(b) INELIGIBILITY
FOR FUNDS.—The allocation of
funds under section 506 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3756) re-
ceived by a State not complying with this subtitle 3 years
after the date of enactment of this Act shall be reduced by
10 percent and the unallocated funds shall be reallocated
to the States in compliance with this section.
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Subtitle D—Child Pornography
SEC. 824. PENALTIES FOR INTERNATIONAL TRAFFICKING
IN CHILD PORNOGRAPHY.
(a) IMPORT RELATED OFFENSE.—Chapter 110 of title
18, United States Code, is amended by adding at the end
the following new section:
‘‘§ 2258. Production of sexually explicit depictions of a
minor for importation into the United
States
‘‘(a) USE OF MINOR.—A person who, outside the Unit-
ed States, employs, uses, persuades, induces, entices, or co-
erces any minor to engage in, or who has a minor assist
any other person to engage in, or who transports any minor
with the intent that the minor engage in any sexually ex-
plicit conduct for the purpose of producing any visual de-
piction of such conduct, intending that the visual depiction
will be imported into the United States or into waters with-
in 12 miles of the coast of the United States, shall be pun-
ished as provided in subsection (c).
‘‘(b) USE OF VISUAL DEPICTION.—A person who, out-
side the United States, knowingly receives, transports,
ships, distributes, sells, or possesses with intent to transport,
ship, sell, or distribute any visual depiction of a minor en-
gaging in sexually explicit conduct (if the production of the
visual depiction involved the use of a minor engaging in
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sexually explicit conduct), intending that the visual depic-
tion will be imported into the United States or into waters
within a distance of 12 miles of the coast of the United
States, shall be punished as provided in subsection (c).
‘‘(c) PENALTIES.—A person who violates subsection (a)
or (b), or conspires or attempts to do so—
‘‘(1) shall be fined under this title, imprisoned
not more than 10 years, or both; and
‘‘(2) if the person has a prior conviction under
this chapter or chapter 109A, shall be fined under this
title, imprisoned not more than 20 years, or both.’’.
(b) TECHNICAL AMENDMENT.—
(1) CHAPTER ANALYSIS.—The chapter analysis
for chapter 110 of title 18, United States Code, is
amended by adding at the end the following new item:
‘‘2258. Production of sexually explicit depictions of a minor for importation into
the United States.’’.
(2) FINE PROVISIONS.—Section 2251(d) of title
18, United States Code, is amended—
(A) by striking ‘‘not more than $100,000,
or’’ and inserting ‘‘under this title,’’;
(B) by striking ‘‘not more than $200,000,
or’’ and inserting ‘‘under this title,’’; and
(C) by striking ‘‘not more than $250,000’’
and inserting ‘‘under this title’’.
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(c) SECTION 2251 PENALTY ENHANCEMENT.—Section
2251(d) of title 18, United States Code, is amended by strik-
ing ‘‘this section’’ the second place it appears and inserting
‘‘this chapter or chapter 109A’’.
(d) SECTION 2252 PENALTY ENHANCEMENT.—Section
2252(b)(1) of title 18, United States Code, is amended by
striking ‘‘this section’’ and inserting ‘‘this chapter or chap-
ter 109A’’.
(e) CONSPIRACY AND ATTEMPT.—Sections 2251(d) and
2252(b) of title 18, United States Code, are each amended
by inserting ‘‘, or attempts or conspires to violate,’’ after
‘‘violates’’ each place it appears.
(f) RICO AMENDMENT.—Section 1961(l) of title 18,
United States Code, is amended by striking ‘‘2251–2252’’
and inserting ‘‘2251, 2252, and 2258’’.
(g) TRANSPORTATION OF MINORS.—Section 2423 of
title 18, United States Code, is amended—
(1) by striking ‘‘(a) Whoever’’ and inserting ‘‘(a)
TRANSPORTATION
WITH
INTENT
TO
ENGAGE
IN
CRIMINAL SEXUAL ACTIVITY.—A person who’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) TRAVEL WITH INTENT TO ENGAGE IN SEXUAL
ACT WITH A JUVENILE.—A person who travels in interstate
commerce, or conspires to do so, or a United States citizen
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or an alien admitted for permanent residence in the United
States who travels in foreign commerce, or conspires to do
so, for the purpose of engaging in any sexual act (as defined
in section 2245) with a person under 18 years of age that
would be in violation of chapter 109A if the sexual act oc-
curred in the special maritime and territorial jurisdiction
of the United States shall be fined under this title, impris-
oned not more than 10 years, or both.’’.
SEC. 825. SENSE OF CONGRESS CONCERNING STATE LEGIS-
LATION REGARDING CHILD PORNOGRAPHY.
It is the sense of the Congress that each State that has
not yet done so should enact legislation prohibiting the pro-
duction, distribution, receipt, or simple possession of mate-
rials depicting a person under 18 years of age engaging
in sexually explicit conduct (as defined in section 2256 of
title 18, United States Code) and providing for a maximum
imprisonment of at least 1 year and for the forfeiture of
assets used in the commission or support of, or gained from,
such offenses.
Subtitle E—Rules of Evidence,
Practice and Procedure
SEC. 831. ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES
IN SEX OFFENSE CASES.
The Federal Rules of Evidence are amended by adding
after Rule 412 the following new rules:
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‘‘Rule 413. Evidence of Similar Crimes in Sexual As-
sault Cases
‘‘(a) In a criminal case in which the defendant is ac-
cused of an offense of sexual assault, evidence of the defend-
ant’s commission of another offense or offenses of sexual as-
sault is admissible, and may be considered for its bearing
on any matter to which it is relevant.
‘‘(b) In a case in which the Government intends to offer
evidence under this rule, the attorney for the Government
shall disclose the evidence to the defendant, including state-
ments of witnesses or a summary of the substance of any
testimony that is expected to be offered, at least fifteen days
before the scheduled date of trial or at such later time as
the court may allow for good cause.
‘‘(c) This rule shall not be construed to limit the ad-
mission or consideration of evidence under any other rule.
‘‘(d) For purposes of this rule and Rule 415, ‘‘offense
of sexual assault’’ means a crime under Federal law or the
law of a State (as defined in section 513 of title 18, United
States Code) that involved—
‘‘(1) any conduct proscribed by chapter 109A of
title 18, United States Code;
‘‘(2) contact, without consent, between any part
of the defendant’s body or an object and the genitals
or anus of another person;
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‘‘(3) contact, without consent, between the geni-
tals or anus of the defendant and any part of another
person’s body;
‘‘(4) deriving sexual pleasure or gratification
from the infliction of death, bodily injury, or physical
pain on another person; or
‘‘(5) an attempt or conspiracy to engage in con-
duct described in paragraphs (1)–(4).
‘‘Rule 414. Evidence of Similar Crimes in Child Moles-
tation Cases
‘‘(a) In a criminal case in which the defendant is ac-
cused of an offense of child molestation, evidence of the de-
fendant’s commission of another offense or offenses of child
molestation is admissible, and may be considered for its
bearing on any matter to which it is relevant.
‘‘(b) In a case in which the Government intends to offer
evidence under this rule, the attorney for the Government
shall disclose the evidence to the defendant, including state-
ments of witnesses or a summary of the substance of any
testimony that is expected to be offered, at least fifteen days
before the scheduled date of trial or at such later time as
the court may allow for good cause.
‘‘(c) This rule shall not be construed to limit the ad-
mission or consideration of evidence under any other rule.
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‘‘(d) For purposes of this rule and Rule 415, ‘‘child’’
means a person below the age of fourteen, and ‘‘offense of
child molestation’’ means a crime under Federal law or the
law of a State (as defined in section 513 of title 18, United
States Code) that involved—
‘‘(1) any conduct proscribed by chapter 109A of
title 18, United States Code, that was committed in
relation to a child;
‘‘(2) any conduct proscribed by chapter 110 of
title 18, United States Code;
‘‘(3) contact between any part of the defendant’s
body or an object and the genitals or anus of a child;
‘‘(4) contact between the genitals or anus of the
defendant and any part of the body of a child;
‘‘(5) deriving sexual pleasure or gratification
from the infliction of death, bodily injury, or physical
pain on a child; or
‘‘(6) an attempt or conspiracy to engage in con-
duct described in paragraphs (1)–(5).
‘‘Rule 415. Evidence of Similar Acts in Civil Cases
Concerning Sexual Assault or Child Mo-
lestation
‘‘(a) In a civil case in which a claim for damages or
other relief is predicated on a party’s alleged commission
of conduct constituting an offense of sexual assault or child
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molestation, evidence of that party’s commission of another
offense or offenses of sexual assault or child molestation is
admissible and may be considered as provided in Rule 413
and Rule 414 of these rules.
‘‘(b) A party who intends to offer evidence under this
Rule shall disclose the evidence to the party against whom
it will be offered, including statements of witnesses or a
summary of the substance of any testimony that is expected
to be offered, at least fifteen days before the scheduled date
of trial or at such later time as the court may allow for
good cause.
‘‘(c) This rule shall not be construed to limit the ad-
mission or consideration of evidence under any other rule.’’
Subtitle F—Sexually Violent
Predators
SEC. 841. SHORT TITLE.
This subtitle may be cited as the ‘‘Sexually Violent
Predators Act’’.
SEC. 842. FINDINGS.
Congress finds that—
(1) there exists a small but extremely dangerous
group of sexually violent persons who do not have a
mental disease or defect;
(2) persons who are sexually violent predators
generally have antisocial personality features that—
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(A) are not amenable to mental illness
treatment modalities in existence on the date of
enactment of this Act; and
(B) render the persons likely to engage in
sexually violent behavior;
(3) the likelihood that sexually violent predators
will repeat acts of predatory sexual violence is high;
and
(4) the prognosis for curing sexually violent
predators is poor and the treatment needs of the pop-
ulation of the predators are very long-term.
SEC. 843. DEFINITIONS.
As used in this subtitle:
(1) MENTAL ABNORMALITY.—The term ‘‘mental
abnormality’’ means a congenital or acquired condi-
tion of a person that affects the emotional or voli-
tional capacity of the person in a manner that pre-
disposes the person to the commission of criminal sex-
ual acts to a degree that makes the person a menace
to the health and safety of other persons.
(2) PREDATORY.—The term ‘‘predatory’’, with
respect to an act, means an act directed towards a
stranger, or a person with whom a relationship has
been established or promoted, for the primary purpose
of victimization.
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(3) SEXUALLY
VIOLENT
OFFENSE.—The term
‘‘sexually violent offense’’ means an act that is a vio-
lation of title 18, United States Code or State crimi-
nal code that—
(A) involves the use or attempted or threat-
ened use of physical force against the person or
property of another person; and
(B) is determined beyond a reasonable
doubt to be sexually motivated.
(4) SEXUALLY VIOLENT PREDATOR.—The term
‘‘sexually violent predator’’ means a person who has
been convicted of a sexually violent offense and who
suffers from a mental abnormality or personality dis-
order that makes the person likely to engage in preda-
tory sexually violent offenses.
SEC. 844. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—
(1) STATE
GUIDELINES.—In accordance with
this section, the Attorney General shall establish
guidelines for State programs to require a sexually
violent predator to register a current address with a
designated State law enforcement agency upon release
from prison, being placed on parole, or being placed
on supervised release. The Attorney General shall ap-
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prove each State program that complies with the
guidelines.
(2) STATE COMPLIANCE.—
(A) IMPLEMENTATION DATE.—A State that
does not implement a program described in
paragraph (1) by the date that is 3 years after
the date of enactment of this Act, and maintain
the implementation thereafter, shall be ineligible
for funds in accordance with subparagraph (B).
(B) INELIGIBILITY FOR FUNDS.—
(i) IN
GENERAL.—A State that does
not implement the program as described in
subparagraph (A) shall not receive 10 per-
cent of the funds that would otherwise be al-
located to the State under section 506 of the
Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3756).
(ii) REALLOCATION OF FUNDS.—Funds
made available under clause (i) shall be re-
allocated, in accordance with such section,
to such States as implement the program as
described in subparagraph (A).
(b) REGISTRATION REQUIREMENT UPON RELEASE,
PAROLE, OR SUPERVISED RELEASE.—
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(1) IN GENERAL.—An approved State program
established in accordance with this section shall con-
tain the requirements described in this section.
(2) DETERMINATION.—The determination that a
person is a ‘‘sexually violent predator’’ and the deter-
mination that a person is no longer a ‘‘sexually vio-
lent predator’’ shall be made by the sentencing court
after receiving a report by a board of experts on sex-
ual offenses. Each State shall establish a board com-
posed of experts in the field of the behavior and treat-
ment of sexual offenders.
(3) NOTIFICATION.—If a person who is required
to register under this section is anticipated to be re-
leased from prison, paroled, or placed on supervised
release, a State prison officer shall, not later than 90
days before the anticipated date of the release or com-
mencement of the parole—
(A) inform the person of the duty to reg-
ister;
(B) inform the person that if the person
changes residence address, the person shall give
the new address to a designated State law en-
forcement agency in writing not later than 10
days after the change of address;
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(C) obtain the name of the person, identify-
ing factors, anticipated future residence, offense
history, and documentation of any treatment re-
ceived for the mental abnormality or personality
disorder of the person; and
(D) require the person to read and sign a
form stating that the duty of the person to reg-
ister under this section has been explained.
(4) TRANSFER OF INFORMATION TO STATE AND
THE FBI.—Not later than 3 days after the receipt of
the information described in paragraph (2), the offi-
cer shall forward the information to a designated
State law enforcement agency. As soon as practicable
after the receipt of the information by the State law
enforcement agency, the agency shall—
(A) enter the information into the appro-
priate State law enforcement record system and
notify the appropriate law enforcement agency
that has jurisdiction over the area in which the
person expects to reside; and
(B) transmit the information to the Identi-
fication Division of the Federal Bureau of Inves-
tigation.
(5) QUARTERLY VERIFICATION.—
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(A) MAILING
TO
PERSON.—Not less than
every 90 days after the date of the release or
commencement of parole of a person under para-
graph (2), the designated State law enforcement
agency shall mail a nonforwardable verification
form to the last reported address of the person.
(B) RETURN OF VERIFICATION FORM.—
(i) IN GENERAL.—The person shall re-
turn, by mail, the verification form to the
agency not later than 10 days after the re-
ceipt of the form. The verification form
shall be signed by the person, and shall
state that the person continues to reside at
the address last reported to the designated
State law enforcement agency.
(ii) FAILURE TO RETURN.—If the per-
son fails to mail the verification form to the
designated State law enforcement agency by
the date that is 10 days after the receipt of
the form by the person, the person shall be
in violation of this section unless the person
proves that the person has not changed the
residence address of the person.
(6) NOTIFICATION OF LOCAL LAW ENFORCEMENT
AGENCIES OF CHANGES IN ADDRESSES.—Any change
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of address by a person required to register under this
section that is reported to the designated State law
enforcement agency shall as soon as practicable be re-
ported to the appropriate law enforcement agency
that has jurisdiction over the area in which the per-
son is residing.
(7) PENALTY.—A person required to register
under a State program established pursuant to this
section who knowingly fails to register and keep the
registration current shall be subject to criminal pen-
alties in the State. It is the sense of Congress that the
penalties should include imprisonment for not less
than 180 days.
(8) TERMINATION
OF
OBLIGATION
TO
REG-
ISTER.—The obligation of a person to register under
this section shall terminate on a determination made
in accordance with the provision of paragraph (2) of
this section that the person no longer suffers from a
mental abnormality or personality disorder that
would make the person likely to engage in a preda-
tory sexually violent offense.
(c) COMMUNITY NOTIFICATION.—The designated State
law enforcement agency may release relevant information
that is necessary to protect the public concerning a specific
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sexually violent predator required to register under this sec-
tion.
(d) IMMUNITY FOR GOOD FAITH CONDUCT.—Law en-
forcement agencies, employees of law enforcement agencies,
and State officials shall be immune from liability for any
good faith conduct under this section.
TITLE IX—CRIME VICTIMS
Subtitle A—Victims’ Rights
SEC. 901. VICTIM’S RIGHT OF ALLOCUTION IN SENTENCING.
Rule 32 of the Federal Rules of Criminal Procedure
is amended by—
(1) striking ‘‘and’’ following the semicolon in
subdivision (a)(1)(B);
(2) striking the period at the end of subdivision
(a)(1)(C) and inserting in lieu thereof ‘‘; and’’;
(3) inserting after subdivision (a)(1)(C) the
following:
‘‘(D) if sentence is to be imposed for a crime
of violence or sexual abuse, address the victim
personally if the victim is present at the sentenc-
ing hearing and determine if the victim wishes
to make a statement and to present any informa-
tion in relation to the sentence.’’;
(4) in the second to last sentence of subdivision
(a)(1), striking ‘‘equivalent opportunity’’ and insert-
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ing in lieu thereof ‘‘opportunity equivalent to that of
the defendant’s counsel’’;
(5) in the last sentence of subdivision (a)(1) in-
serting ‘‘the victim,’’ before ‘‘or the attorney for the
Government.’’; and
(6) adding at the end the following:
‘‘(f) DEFINITIONS.—For purposes of this rule—
‘‘(1) ‘victim’ means any individual against
whom an offense for which a sentence is to be imposed
has been committed, but the right of allocution under
subdivision (a)(1)(D) may be exercised instead by—
‘‘(A) a parent or legal guardian in case the
victim is below the age of eighteen years or in-
competent; or
‘‘(B) one or more family members or rel-
atives designated by the court in case the victim
is deceased or incapacitated;
if such person or persons are present at the sentencing
hearing, regardless of whether the victim is present;
and
‘‘(2) ‘crime of violence or sexual abuse’ means a
crime that involved the use or attempted or threatened
use of physical force against the person or property
of another, or a crime under chapter 109A of title 18,
United States Code.’’.
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SEC. 902. MANDATORY RESTITUTION AND OTHER PROVI-
SIONS.
(a) ORDER OF RESTITUTION.—Section 3663 of title
18, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘may order’’ and inserting
‘‘shall order’’; and
(B) by adding at the end the following new
paragraph:
‘‘(4) In addition to ordering restitution of the victim
of the offense of which a defendant is convicted, a court may
order restitution of any person who, as shown by a prepon-
derance of evidence, was harmed physically, emotionally,
or pecuniarily, by unlawful conduct of the defendant dur-
ing—
‘‘(A) the criminal episode during which the of-
fense occurred; or
‘‘(B) the course of a scheme, conspiracy, or pat-
tern of unlawful activity related to the offense.’’;
(2) in subsection (b)(1)(A) by striking ‘‘imprac-
tical’’ and inserting ‘‘impracticable’’;
(3) in subsection (b)(2) by inserting ‘‘emotional
or’’ after ‘‘resulting in’’;
(4) in subsection (b)—
(A) by striking ‘‘and’’ at the end of para-
graph (3);
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(B) by redesignating paragraph (4) as
paragraph (5); and
(C) by inserting after paragraph (4) the fol-
lowing new paragraph:
‘‘(4) in any case, reimburse the victim for nec-
essary child care, transportation, and other expenses
related to participation in the investigation or pros-
ecution of the offense or attendance at proceedings re-
lated to the offense; and’’.
(5) in subsection (c) by striking ‘‘If the Court de-
cides to order restitution under this section, the’’ and
inserting ‘‘The’’;
(6) by striking subsections (d), (e), (f), (g), and
(h); and
(7) by adding at the end the following new sub-
sections:
‘‘(d)(1) The court shall order restitution to a victim
in the full amount of the victim’s losses as determined by
the court and without consideration of—
‘‘(A) the economic circumstances of the offender;
or
‘‘(B) the fact that a victim has received or is en-
titled to receive compensation with respect to a loss
from insurance or any other source.
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‘‘(2) Upon determination of the amount of restitution
owed to each victim, the court shall specify in the restitu-
tion order the manner in which and the schedule according
to which the restitution is to be paid, in consideration of—
‘‘(A) the financial resources and other assets of
the offender;
‘‘(B) projected earnings and other income of the
offender; and
‘‘(C) any financial obligations of the offender,
including obligations to dependents.
‘‘(3) A restoration order may direct the offender to
make a single, lump-sum payment, partial payment at
specified intervals, or such in-kind payments as may be
agreeable to the victim and the offender.
‘‘(4) An in-kind payment described in paragraph (3)
may be in the form of—
‘‘(A) return of property;
‘‘(B) replacement of property; or
‘‘(C) services rendered to the victim or to a per-
son or organization other than the victim.
‘‘(e) When the court finds that more than 1 offender
has contributed to the loss of a victim, the court may make
each offender liable for payment of the full amount of res-
titution or may apportion liability among the offenders to
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reflect the level of contribution and economic circumstances
of each offender.
‘‘(f) When the court finds that more than 1 victim has
sustained a loss requiring restitution by an offender, the
court shall order full restitution of each victim but may
provide for different payment schedules to reflect the eco-
nomic circumstances of each victim.
‘‘(g)(1) If the victim has received or is entitled to re-
ceive compensation with respect to a loss from insurance
or any other source, the court shall order that restitution
be paid to the person who provided or is obligated to provide
the compensation, but the restitution order shall provide
that all restitution of victims required by the order be paid
to the victims before any restitution is paid to such a pro-
vider of compensation.
‘‘(2) The issuance of a restitution order shall not affect
the entitlement of a victim to receive compensation with
respect to a loss from insurance or any other source until
the payments actually received by the victim under the res-
titution order fully compensate the victim for the loss, at
which time a person that has provided compensation to the
victim shall be entitled to receive any payments remaining
to be paid under the restitution order.
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‘‘(3) Any amount paid to a victim under an order of
restitution shall be set off against any amount later recov-
ered as compensatory damages by the victim in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the extent
provided by the law of the State.
‘‘(h) A restitution order shall provide that—
‘‘(1) all fines, penalties, costs, restitution pay-
ments and other forms of transfers of money or prop-
erty made pursuant to the sentence of the court shall
be made by the offender to an entity designated by the
Director of the Administrative Office of the United
States Courts for accounting and payment by the en-
tity in accordance with this subsection;
‘‘(2) the entity designated by the Director of the
Administrative Office of the United States Courts
shall—
‘‘(A) log all transfers in a manner that
tracks the offender’s obligations and the current
status in meeting those obligations, unless, after
efforts have been made to enforce the restitution
order and it appears that compliance cannot be
obtained, the court determines that continued
recordkeeping under this subparagraph would
not be useful;
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‘‘(B) notify the court and the interested
parties when an offender is 90 days in arrears
in meeting those obligations; and
‘‘(3) the offender shall advise the entity des-
ignated by the Director of the Administrative Office
of the United States Courts of any change in the of-
fender’s address during the term of the restitution
order.
‘‘(i) A restitution order shall constitute a lien against
all property of the offender and may be recorded in any
Federal or State office for the recording of liens against real
or personal property.
‘‘(j) Compliance with the schedule of payment and
other terms of a restitution order shall be a condition of
any probation, parole, or other form of release of an of-
fender. If a defendant fails to comply with a restitution
order, the court may revoke probation or a term of super-
vised release, modify the term or conditions of probation
or a term of supervised release, hold the defendant in con-
tempt of court, enter a restraining order or injunction,
order the sale of property of the defendant, accept a per-
formance bond, or take any other action necessary to obtain
compliance with the restitution order. In determining what
action to take, the court shall consider the defendant’s em-
ployment status, earning ability, financial resources, the
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willfulness in failing to comply with the restitution order,
and any other circumstances that may have a bearing on
the defendant’s ability to comply with the restitution order.
‘‘(k) An order of restitution may be enforced—
‘‘(1) by the United States—
‘‘(A) in the manner provided for the collec-
tion and payment of fines in subchapter (B) of
chapter 229 of this title; or
‘‘(B) in the same manner as a judgment in
a civil action; and
‘‘(2) by a victim named in the order to receive
the restitution, in the same manner as a judgment in
a civil action.
‘‘(l) A victim or the offender may petition the court
at any time to modify a restitution order as appropriate
in view of a change in the economic circumstances of the
offender.’’.
(b) PROCEDURE FOR ISSUING ORDER OF RESTITU-
TION.—Section 3664 of title 18, United States Code, is
amended—
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), (d), and
(e) as subsections (a), (b), (c), and (d);
(3) by amending subsection (a), as redesignated
by paragraph (2), to read as follows:
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‘‘(a) The court may order the probation service of the
court to obtain information pertaining to the amount of
loss sustained by any victim as a result of the offense, the
financial resources of the defendant, the financial needs and
earning ability of the defendant and the defendant’s depend-
ents, and such other factors as the court deems appropriate.
The probation service of the court shall include the informa-
tion collected in the report of presentence investigation or
in a separate report, as the court directs.’’; and
(4) by adding at the end thereof the following
new subsection:
‘‘(e) The court may refer any issue arising in connec-
tion with a proposed order of restitution to a magistrate
or special master for proposed findings of fact and rec-
ommendations as to disposition, subject to a de novo deter-
mination of the issue by the court.’’.
SEC. 903. SENSE OF THE CONGRESS CONCERNING THE
RIGHT OF A VICTIM OF A VIOLENT CRIME OR
SEXUAL ABUSE TO SPEAK AT AN OFFENDER’S
SENTENCING HEARING AND ANY PAROLE
HEARING.
It is the sense of the Congress that—
(1) the law of a State should provide for a vic-
tim’s right of allocution at a sentencing hearing and
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at any parole hearing if the offender has been con-
victed of a crime of violence or sexual abuse;
(2) such a victim should have an opportunity
equivalent to the opportunity accorded to the offend-
er’s counsel to address the sentencing court or parole
board and to present information in relation to the
sentence imposed or to the early release of the of-
fender; and
(3) if the victim is not able to or chooses not to
testify at a sentencing hearing or parole hearing, the
victim’s parents, legal guardian, or family members
should have the right to address the court or board.
Subtitle B—Crime Victims’ Fund
SEC. 911. AMOUNTS OF FUNDS FOR COSTS AND GRANTS.
Section 1402(d)(2) of the Victims of Crime Act of 1984
(42 U.S.C. 10601(d)(2)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (A);
(2) by striking the period at the end of subpara-
graph (B) and inserting a semicolon; and
(3) by adding at the end the following new sub-
paragraphs:
‘‘(C) 1 percent shall be available for grants
under section 1404(c); and
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‘‘(D) 4.5 percent shall be available for
grants as provided in section 1404A.’’.
SEC. 912. RELATIONSHIP OF CRIME VICTIM COMPENSATION
TO CERTAIN FEDERAL PROGRAMS.
Section 1403 of the Victims of Crime Act of 1984 (42
U.S.C. 10602) is amended by adding at the end the follow-
ing:
‘‘(e) Notwithstanding any other provision of law, if the
compensation paid by an eligible crime victim compensa-
tion program would cover costs that a Federal program,
or a federally financed State or local program, would other-
wise pay, then—
‘‘(1) such crime victim compensation program
shall not pay that compensation; and
‘‘(2) the other program shall make its payments
without regard to the existence of the crime victim
compensation program.’’.
SEC. 913. ADMINISTRATIVE COSTS FOR CRIME VICTIM COM-
PENSATION.
(a) CREATION OF EXCEPTION.—The final sentence of
section 1403(a)(1) of the Victims of Crime Act of 1984 (42
U.S.C. 10602(a)(1)) is amended by striking ‘‘A grant’’ and
inserting ‘‘Except as provided in paragraph (3), a grant’’.
(b) REQUIREMENTS OF EXCEPTION.—Section 1403(a)
of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a))
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is amended by adding at the end the following new para-
graph:
‘‘(3) Not more than 5 percent of a grant made
under this section may be used for the administration
of the State crime victim compensation program re-
ceiving the grant.’’.
SEC. 914. USE OF UNSPENT 1402(d)(2) MONEY.
Section 1404(a)(1) of the Victims of Crime Act of 1984
(42 U.S.C. 10603(a)(1)) is amended—
(1) by striking ‘‘or for the purpose of grants
under section 1403 but not used for that purpose’’;
and
(2) by adding at the end the following:
‘‘The Director, in the Director’s discretion, may use
amounts made available under section 1402(d)(2) for the
purposes of grants under section 1403 but not used for that
purpose, for grants under this subsection, either in the year
such amounts are not so used, or the next year.’’.
SEC. 915. GRANTS FOR DEMONSTRATION PROJECTS.
Section 1404(c)(1)(A) of the Victims of Crime Act of
1984 (42 U.S.C. 10603(c)(1)(A)) is amended by inserting
‘‘demonstration projects and’’ before ‘‘training’’.
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SEC. 916. ADMINISTRATIVE COSTS FOR CRIME VICTIM AS-
SISTANCE.
(a) CREATION OF EXCEPTION.—Section 1404(b)(2) of
the Victims of Crime Act of 1984 (42 U.S.C. 10603(b)(2))
is amended by striking ‘‘An eligible’’ and inserting ‘‘Except
as provided in paragraph (3), an eligible’’.
(b) REQUIREMENTS OF EXCEPTION.—Section 1404(b)
of the Victims of Crime Act of 1984 (42 U.S.C. 10603(b))
is amended by adding at the end the following new sub-
section:
‘‘(3) Not more than 5 percent of sums received
under subsection (a) may be used for the administra-
tion of the State crime victim assistance program re-
ceiving such sums.’’.
SEC. 917. MAINTENANCE OF EFFORT.
Section 1407 of the Victims of Crime Act of 1984 (42
U.S.C. 10604) is amended by adding at the end the follow-
ing new subsection:
‘‘(h) Each entity receiving sums made available under
this Act for administrative purposes shall certify that such
sums will not be used to supplant State or local funds, but
will be used to increase the amount of such funds that
would, in the absence of Federal funds, be made available
for these purposes.’’.
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Subtitle C—Senior Citizens
SEC. 921. SHORT TITLE.
This subtitle may be cited as the ‘‘National Triad Pro-
gram Act’’.
SEC. 922. FINDINGS.
The Congress finds that—
(1) senior citizens are among the most rapidly
growing segments of our society;
(2) currently, senior citizens comprise 15 percent
of our society, and predictions are that by the turn
of the century they will constitute 18 percent of our
Nation’s population;
(3) senior citizens find themselves uniquely situ-
ated in our society, environmentally and physically;
(4) many senior citizens are experiencing in-
creased social isolation due to fragmented and distant
familial relations, scattered associations, limited ac-
cess to transportation, and other insulating factors;
(5) physical conditions such as hearing loss, poor
eyesight, lessened agility, and chronic and debilitat-
ing illnesses often contribute to an older person’s sus-
ceptibility to criminal victimization;
(6) senior citizens are too frequently the victims
of abuse and neglect, violent crime, property crime,
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consumer fraud, medical quackery, and confidence
games;
(7) studies have found that senior citizens that
are victims of violent crime are more likely to be in-
jured and require medical attention than are younger
victims;
(8) victimization data on crimes against senior
citizens are incomplete and out of date, and data
sources are partial, scattered, and not easily obtained;
(9) although a few studies have attempted to de-
fine and estimate the extent of abuse and neglect of
senior citizens, both in their homes and in institu-
tional settings, many experts believe that this crime
is substantially underreported and undetected;
(10) similarly, while some evidence suggests that
senior citizens may be targeted in a range of fraudu-
lent schemes, neither the Uniform Crime Report nor
the 
National 
Crime 
Survey 
collects 
data 
on
individual- or household-level fraud;
(11) many law enforcement agencies do not have
model practices for responding to the criminal abuse
of senior citizens;
(12) law enforcement officers and social service
providers come from different disciplines and fre-
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quently bring different perspectives to the problem of
crimes against senior citizens;
(13) those differences, in turn, can contribute to
inconsistent approaches to the problem and inhibit a
genuinely effective response;
(14) there are, however, a few efforts currently
under way that seek to forge partnerships to coordi-
nate criminal justice and social service approaches to
victimization of senior citizens;
(15) the Triad program, sponsored by the Na-
tional Sheriffs’ Association (NSA), the International
Association of Chiefs of Police (IACP), and the Amer-
ican Association of Retired Persons (AARP), is one
such effort; and
(16) recognizing that senior citizens have the
same fundamental desire as other members of our so-
ciety to live freely, without fear or restriction due to
the criminal element, the Federal Government should
seek to expand efforts to reduce crime against this
growing and uniquely vulnerable segment of our pop-
ulation.
SEC. 923. PURPOSES.
The purposes of this subtitle are—
(1) to support a coordinated effort among law
enforcement and social service agencies to stem the
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tide of violence against senior citizens and support
media and nonmedia strategies aimed at increasing
both public understanding of the problem and the sen-
ior citizens’ skills in preventing crime against them-
selves and their property; and
(2) to address the problem of crime against sen-
ior citizens in a systematic and effective manner by
promoting and expanding collaborative crime preven-
tion programs, such as the Triad model, that assist
law enforcement agencies and senior citizens in im-
plementing specific strategies for crime prevention,
victim assistance, citizen involvement, and public
education.
SEC. 924. NATIONAL ASSESSMENT AND DISSEMINATION.
(a) IN GENERAL.—The Director of the National Insti-
tute of Justice shall, subject to the availability of appropria-
tions, conduct a qualitative and quantitative national as-
sessment of—
(1) the nature and extent of crimes committed
against senior citizens and the effect of such crimes
on the victims;
(2) the numbers, extent, and impact of violent
crimes and nonviolent crimes (such as frauds and
‘‘scams’’) against senior citizens and the extent of un-
reported crime;
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(3) the collaborative needs of law enforcement,
health, and social service organizations, focusing on
prevention of crimes against senior citizens, to iden-
tify, investigate, and provide assistance to victims of
those crimes; and
(4) the development and growth of strategies to
respond effectively to the matters described in para-
graphs (1), (2), and (3).
(b) MATTERS TO BE ADDRESSED.—The national as-
sessment made pursuant to subsection (a) shall address—
(1) the analysis and synthesis of data from a
broad range of sources in order to develop accurate
information on the nature and extent of crimes
against senior citizens, including identifying and
conducting such survey and other data collection ef-
forts as are needed and designing a strategy to keep
such information current over time;
(2) institutional and community responses to el-
derly victims of crime, focusing on the problems asso-
ciated with fear of victimization, abuse of senior citi-
zens, and hard-to-reach senior citizens who are in
poor health, are living alone or without family near-
by, or living in high crime areas;
(3) special services and responses required by el-
derly victims;
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(4) whether the experience of senior citizens with
some service organizations differs markedly from that
of younger populations;
(5) the kinds of programs that have proven use-
ful in reducing victimization of senior citizens
through crime prevention activities and programs;
(6) the kinds of programs that contribute to suc-
cessful coordination among public sector agencies and
community organizations in reducing victimization
of senior citizens; and
(7) the research agenda needed to develop a com-
prehensive understanding of the problems of crimes
against senior citizens, including the changes that can
be anticipated in the crimes themselves and appro-
priate responses as the society increasingly ages.
(c) AVOIDANCE OF DUPLICATION.—In conducting the
assessment under subsection (a), the Director of the Na-
tional Institute of Justice shall draw upon the findings of
existing studies and avoid duplication of efforts that have
previously been made.
(d) DISSEMINATION.—Based on the results of the na-
tional assessment and analysis of successful or promising
strategies in dealing with the problems described in sub-
section (b) and other problems, including coalition efforts
such as the Triad programs described in sections 922 and
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923, the Director of the National Institute of Justice shall
disseminate the results through reports, publications, clear-
inghouse services, public service announcements, and pro-
grams of evaluation, demonstration, training, and technical
assistance.
SEC. 925. PILOT PROGRAMS.
(a) AWARDS.—The Director of the Bureau of Justice
Assistance shall, subject to the availability of appropria-
tions, make grants to coalitions of local law enforcement
agencies and senior citizens to assist in the development of
programs and execute field tests of particularly promising
strategies for crime prevention services and related services
based on the concepts of the Triad model, which can then
be evaluated and serve as the basis for further demonstra-
tion and education programs.
(b) TRIAD COOPERATIVE MODEL.—(1) Subject to
paragraph (2), a pilot program funded under this section
shall consist of the Triad cooperative model developed by
the organizations described in section 922(15), which calls
for the participation of the sheriff, at least 1 police chief,
and a representative of at least 1 senior citizens’ organiza-
tion within a county and may include participation by
general service coalitions of law enforcement, victim service,
and senior citizen advocate organizations.
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(2) If there is not both a sheriff and a police chief in
a county or if the sheriff or a police chief do not participate,
a pilot program funded under this section shall include in
the place of the sheriff or police chief another key law en-
forcement official in the county such as a local prosecutor.
(c) APPLICATION.—A coalition or Triad program that
desires to establish a pilot program under this section shall
submit to the Director of the Bureau of Justice Assistance
an application that includes—
(1) a description of the community and its sen-
ior citizen population;
(2) assurances that Federal funds received under
this part shall be used to provide additional and ap-
propriate education and services to the community’s
senior citizens;
(3) a description of the extent of involvement of
each organizational component (chief, sheriff (or other
law enforcement official), and senior organization
representative) and focus of the Triad program;
(4) a comprehensive plan including—
(A) a description of the crime problems fac-
ing senior citizens and need for expanded law
enforcement and victim assistance services;
(B) a description of the types of projects to
be developed or expanded;
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(C) a plan for an evaluation of the results
of Triad endeavors;
(D) a description of the resources (including
matching funds, in-kind services, and other re-
sources) available in the community to imple-
ment the Triad development or expansion;
(E) a description of the gaps that cannot be
filled with existing resources;
(F) an explanation of how the requested
grant will be used to fill those gaps; and
(G) a description of the means and methods
the applicant will use to reduce criminal victim-
ization of older persons; and
(5) funding requirements for implementing a
comprehensive plan.
(d) DISTRIBUTION OF AWARDS.—The Director of the
Bureau of Justice Assistance shall make awards—
(1) to 17 Triad programs in counties with a
population of less than 50,000;
(2) to 17 Triad programs in counties with a
population of at least 50,000 but less than 100,000;
and
(3) to 16 Triad programs in counties with a
population of 100,000 or more.
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(e) POST-GRANT PERIOD REPORT.—A grant recipient
under this section shall, not later than 6 months after the
conclusion of the grant period, submit to the Director of
the Bureau of Justice Assistance a report that—
(1) describes the composition of organizations
that participated in the pilot program;
(2) identifies problem areas encountered during
the course of the pilot program;
(3) provides data comparing the types and fre-
quency of criminal activity before and after the grant
period and the effect of such criminal activity on sen-
ior citizens in the community; and
(4) describes the grant recipient’s plans and
goals for continuance of the Triad program after the
grant period.
SEC. 926. TRAINING ASSISTANCE, EVALUATION, AND DIS-
SEMINATION AWARDS.
In conjunction with the national assessment under sec-
tion 924—
(1) the Director of the Bureau of Justice Assist-
ance shall make awards to organizations with dem-
onstrated ability to provide training and technical
assistance in establishing crime prevention programs
based on the Triad model, for purposes of aiding in
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the establishment and expansion of pilot programs
under this section; and
(2) the Director of the National Institute of Jus-
tice shall make awards to research organizations, for
the purposes of—
(A) evaluating the effectiveness of selected
pilot programs; and
(B) conducting the research and develop-
ment identified through the national assessment
as being critical; and
(3) the Director of the Bureau of Justice Assist-
ance shall make awards to public service advertising
coalitions, for the purposes of mounting a program of
public service advertisements to increase public
awareness and understanding of the issues surround-
ing crimes against senior citizens and promoting
ideas or programs to prevent them.
SEC. 927. REPORT.
The Director of the Bureau of Justice Assistance and
the Director of the National Institute of Justice shall submit
to Congress an annual report (which may be included with
the report submitted under section 102(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3712(b)) describing the results of the pilot programs
conducted under section 925.
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SEC. 928. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated—
(1) $2,000,000 to the Bureau of Justice Assist-
ance for the purpose of making Triad pilot program
awards in that amount under section 925;
(2) $1,000,000 to the Bureau of Justice Assist-
ance for the purpose of funding the national training
and technical assistance effort under sections 924 and
926;
(3) $1,000,000 to the Bureau of Justice Assist-
ance for the purpose of developing public service an-
nouncements under sections 924 and 926;
(4) $2,000,000 to the National Institute of Jus-
tice for the purposes of conducting the national assess-
ment, evaluation pilot programs, and carrying out
the research agenda under sections 924 and 926; and
(5) to the extent that funds are not otherwise
available for the purpose, such sums as are necessary
to pay the administrative costs of carrying out this
subtitle.
TITLE X—STATE AND LOCAL LAW
ENFORCEMENT
Subtitle A—DNA Identification
SEC. 1001. SHORT TITLE.
This subtitle may be cited as the ‘‘DNA Identification
Act of 1993’’.
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SEC. 1002. FUNDING TO IMPROVE THE QUALITY AND AVAIL-
ABILITY OF DNA ANALYSES FOR LAW EN-
FORCEMENT IDENTIFICATION PURPOSES.
(a) DRUG
CONTROL
AND
SYSTEM
IMPROVEMENT
GRANT PROGRAM.—Section 501(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3751(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(20);
(2) by striking the period at the end of para-
graph (21) and inserting ‘‘; and’’; and
(3) by adding at the end the following new para-
graph:
‘‘(22) developing or improving in a forensic lab-
oratory a capability to analyze deoxyribonucleic acid
(hereinafter in this title referred to as ‘DNA’) for
identification purposes.’’.
(b) STATE APPLICATIONS.—Section 503(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3753(a)) is amended by adding at the end the
following new paragraph:
‘‘(12) If any part of funds received from a grant
made under this part is to be used to develop or im-
prove a DNA analysis capability in a forensic labora-
tory, a certification that—
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‘‘(A) DNA analyses performed at such lab-
oratory will satisfy or exceed then current stand-
ards for a quality assurance program for DNA
analysis, issued by the Director of the Federal
Bureau of Investigation under section 1003 of
the DNA Identification Act of 1993;
‘‘(B) DNA samples obtained by, and DNA
analyses performed at, such laboratory will be
accessible only—
‘‘(i) to criminal justice agencies for
law enforcement identification purposes;
‘‘(ii) in judicial proceedings, if other-
wise admissible pursuant to applicable stat-
utes or rules;
‘‘(iii) for criminal defense purposes, to
a defendant, who shall have access to sam-
ples and analyses performed in connection
with the case in which such defendant is
charged; or
‘‘(iv) if personally identifiable infor-
mation is removed, for a population statis-
tics database, for identification research
and protocol development purposes, or for
quality control purposes; and
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‘‘(C) such laboratory, and each analyst per-
forming DNA analyses at such laboratory, will
undergo, at regular intervals of not to exceed 180
days, external proficiency testing by a DNA pro-
ficiency testing program meeting the standards
issued under section 1003 of the DNA Identifica-
tion Act of 1993.’’.
(c) DNA IDENTIFICATION GRANTS.—
(1) PART X.—Title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), as amended by section 2802(a), is amended—
(A) by redesignating part X as part Y,
(B) by redesignating section 2401 as section
2501; and
(C) by inserting after part W the following
new part:
‘‘PART X—DNA IDENTIFICATION GRANTS
‘‘SEC. 2401. GRANT AUTHORIZATION.
‘‘The Director may make funds available under this
part to States and units of local government, or combina-
tions thereof, to carry out all or a substantial part of a
program or project intended to develop or improve the capa-
bility to analyze deoxyribonucleic acid (referred to in this
part as ‘‘DNA’’) in a forensic laboratory.
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‘‘SEC. 2402. APPLICATIONS.
‘‘To request a grant under this part, the chief executive
officer of a State or unit of local government shall submit
an application in such form as the Director may require.
‘‘SEC. 2403. APPLICATION REQUIREMENTS.
‘‘No grant may be made under this part unless an ap-
plication has been submitted to the Director in which the
applicant certifies that—
‘‘(1) DNA analyses performed at the laboratory
will satisfy or exceed then current standards for a
quality assurance program for DNA analysis issued
by the Director of the Federal Bureau of Investigation
under section 1003 of the DNA Identification Act of
1993.
‘‘(2) DNA samples obtained by and DNA analy-
ses performed at the laboratory shall be made avail-
able only—
‘‘(A) to criminal justice agencies for law en-
forcement identification purposes;
‘‘(B) in judicial proceedings, if otherwise
admissible pursuant to applicable statutes or
rules;
‘‘(C) for criminal defense purposes, to a de-
fendant, who shall have access to samples and
analyses performed in connection with the case
in which the defendant is charged; and
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‘‘(D) to others, if personally identifiable in-
formation is removed, for a population statistics
database, for identification research and protocol
development purposes, or for quality control pur-
poses; and
‘‘(3) the laboratory and each analyst performing
DNA analyses at the laboratory shall undergo, at reg-
ular intervals not exceeding 180 days, external pro-
ficiency testing by a DNA proficiency testing pro-
gram that meets the standards issued under section
1003 of the DNA Identification Act of 1993.
‘‘SEC. 2404. ADMINISTRATIVE PROVISIONS.
‘‘(a) REGULATION AUTHORITY.—The Director may
promulgate guidelines, regulations, and procedures, as nec-
essary to carry out the purposes of this part, including limi-
tations on the number of awards made during each fiscal
year, the submission and review of applications, selection
criteria, and the extension or continuation of awards.
‘‘(b) AWARD AUTHORITY.—The Director shall have
final authority over all funds awarded under this part.
‘‘(c) TECHNICAL ASSISTANCE.—To assist and measure
the effectiveness and performance of programs and activities
funded under this part, the Director shall provide technical
assistance as required.
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‘‘SEC. 2405. RESTRICTIONS ON USE OF FUNDS.
‘‘(a) FEDERAL SHARE.—The Federal share of a grant,
contract, or cooperative agreement made under this part
may not exceed 75 percent of the total costs of the project
described in the application submitted for the fiscal year
for which the project receives assistance.
‘‘(b) ADMINISTRATIVE COSTS.—A State or unit of local
government may not use more than 10 percent of the funds
it receives from this part for administrative expenses.
‘‘SEC. 2406. REPORTS.
‘‘(a) REPORTS TO DIRECTOR.—Each State or unit of
local government which receives a grant under this part
shall submit to the Director, for each year in which funds
from a grant received under this part is expended, a report
at such time and in such manner as the Director may rea-
sonably require which contains—
‘‘(1) a summary of the activities carried out
under the grant and an assessment of whether such
activities are meeting the needs identified in the ap-
plication submitted under section 2402; and
‘‘(2) such other information as the Director may
require.
‘‘(b) REPORTS TO CONGRESS.—Not later than 90 days
after the end of each fiscal year for which grants are made
under this part, the Director shall submit to the Speaker
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of the House of Representatives and the President pro tem-
pore of the Senate, a report that includes—
‘‘(1) the aggregate amount of grants made under
this part to each State or unit of local government for
such fiscal year; and
‘‘(2) a summary of the information provided in
compliance with subsection (a)(1).
‘‘SEC. 2407. EXPENDITURE RECORDS.
‘‘(a) RECORDS.—Each State or unit of local govern-
ment which receives a grant under this part shall keep
records as the Director may require to facilitate an effective
audit.
‘‘(b) ACCESS.—The Director, the Comptroller General,
or their designated agents shall have access, for the purpose
of audit and examination, to any books, documents, and
records of States and units of local government which re-
ceive grants made under this part if, in the opinion of the
Director, the Comptroller General, or their designated
agents, such books, documents, and records are related to
the receipt or use of any such grant.’’.
(2) TABLE OF CONTENTS.—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 2802(c), is amended by striking
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the matter relating to part W and inserting the fol-
lowing:
‘‘PART X—DNA IDENTIFICATION GRANTS
‘‘Sec. 2401. Grant Authorization.
‘‘Sec. 2402. Applications.
‘‘Sec. 2403. Application requirements.
‘‘Sec. 2404. Administrative provisions.
‘‘Sec. 2405. Restrictions on use of funds.
‘‘Sec. 2406. Reports.
‘‘Sec. 2407. Expenditure records.
‘‘PART Y—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 2501. Continuation of rules, authorities, and proceedings.’’.
(3) AUTHORIZATION OF APPROPRIATIONS.—Sec-
tion 1001 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793), as amended by
section 2802(c), is amended—
(A) in paragraph (3) by striking ‘‘and W’’
and inserting ‘‘W, and X’’; and
(B) adding at the end the following new
paragraph:
‘‘(18) There are authorized to be appropriated to
carry out part X $5,000,000 for each of fiscal years
1994, 1995, 1996, 1997, 1998, and 1999.’’.
(4) EFFECTIVE DATE.—The amendments made
by this section shall take effect on the date that is 60
days after the date of enactment of this Act.
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SEC. 1003. QUALITY ASSURANCE AND PROFICIENCY TEST-
ING STANDARDS.
(a) PUBLICATION OF QUALITY ASSURANCE AND PRO-
FICIENCY TESTING STANDARDS.—(1)(A) Not later than 180
days after the date of enactment of this Act, the Director
of the Federal Bureau of Investigation shall appoint an ad-
visory board on DNA quality assurance methods from
among nominations proposed by the head of the National
Academy of Sciences and professional societies of crime lab-
oratory officials.
(B) The advisory board shall include as members sci-
entists from State, local, and private forensic laboratories,
molecular geneticists and population geneticists not affili-
ated with a forensic laboratory, and a representative from
the National Institute of Standards and Technology.
(C) The advisory board shall develop, and if appro-
priate, periodically revise, recommended standards for
quality assurance, including standards for testing the pro-
ficiency of forensic laboratories, and forensic analysts, in
conducting analyses of DNA.
(2) The Director of the Federal Bureau of Investiga-
tion, after taking into consideration such recommended
standards, shall issue (and revise from time to time) stand-
ards for quality assurance, including standards for testing
the proficiency of forensic laboratories, and forensic ana-
lysts, in conducting analyses of DNA.
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(3) The standards described in paragraphs (1) and (2)
shall specify criteria for quality assurance and proficiency
tests to be applied to the various types of DNA analyses
used by forensic laboratories. The standards shall also in-
clude a system for grading proficiency testing performance
to determine whether a laboratory is performing acceptably.
(4) Until such time as the advisory board has made
recommendations to the Director of the Federal Bureau of
Investigation and the Director has acted upon those rec-
ommendations, the quality assurance guidelines adopted by
the technical working group on DNA analysis methods shall
be deemed the Director’s standards for purposes of this sec-
tion.
(b) ADMINISTRATION OF THE ADVISORY BOARD.—(1)
For administrative purposes, the advisory board appointed
under subsection (a) shall be considered an advisory board
to the Director of the Federal Bureau of Investigation.
(2) Section 14 of the Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply with respect to the advisory
board appointed under subsection (a).
(3) The DNA advisory board established under this sec-
tion shall be separate and distinct from any other advisory
board administered by the FBI, and is to be administered
separately.
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(4) The board shall cease to exist on the date 5 years
after the initial appointments are made to the board, unless
the existence of the board is extended by the Director of the
Federal Bureau of Investigation.
(c) PROFICIENCY TESTING PROGRAM.—(1) Not later
than 1 year after the effective date of this Act, the Director
of the National Institute of Justice shall certify to the Com-
mittees on the Judiciary of the House and Senate that—
(A) the Institute has entered into a contract with
an appropriate entity for establishing a blind exter-
nal proficiency testing program for DNA analyses,
which shall be available to public and private labora-
tories performing forensic DNA analyses;
(B) a blind external proficiency testing program
for DNA analyses is already readily available to pub-
lic and private laboratories performing forensic DNA
analyses; or
(C) it is not feasible to have blind external test-
ing for DNA forensic analyses.
(2) As used in this subsection, the term ‘‘blind external
proficiency test’’ means a test that is presented to a forensic
laboratory through a second agency and appears to the ana-
lysts to involve routine evidence.
(3) Notwithstanding any other provision of law, the
Director of the Bureau of Justice Assistance may make
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available to the Director of the National Institute of Justice
during the first fiscal year in which funds are distributed
under this subtitle up to $250,000 from the funds available
under part Y of Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 to carry out this subsection.
SEC. 1004. INDEX TO FACILITATE LAW ENFORCEMENT EX-
CHANGE OF DNA IDENTIFICATION INFORMA-
TION.
(a) ESTABLISHMENT OF INDEX.—The Director of the
Federal Bureau of Investigation may establish an index
of—
(1) DNA identification records of persons con-
victed of crimes;
(2) analyses of DNA samples recovered from
crime scenes; and
(3) analyses of DNA samples recovered from un-
identified human remains.
(b) INFORMATION.—The index described in subsection
(a) shall include only information on DNA identification
records and DNA analyses that are—
(1) based on analyses performed by or on behalf
of a criminal justice agency in accordance with pub-
licly available standards that satisfy or exceed the
guidelines for a quality assurance program for DNA
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analysis, issued by the Director of the Federal Bureau
of Investigation under section 1003;
(2) prepared by laboratories, and DNA analysts,
that undergo, at regular intervals of not to exceed 180
days, external proficiency testing by a DNA pro-
ficiency testing program meeting the standards issued
under section 1003; and
(3) maintained by Federal, State, and local
criminal justice agencies pursuant to rules that allow
disclosure of stored DNA samples and DNA analyses
only—
(A) to criminal justice agencies for law en-
forcement identification purposes;
(B) in judicial proceedings, if otherwise ad-
missible pursuant to applicable statutes or rules;
(C) for criminal defense purposes, to a de-
fendant, who shall have access to samples and
analyses performed in connection with the case
in which such defendant is charged; or
(D) if personally identifiable information is
removed, for a population statistics database, for
identification research and protocol development
purposes, or for quality control purposes.
(c) FAILURE TO COMPLY.—The exchange of records
authorized by this section is subject to cancellation if the
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quality control and privacy requirements described in sub-
section (b) are not met.
SEC. 1005. FEDERAL BUREAU OF INVESTIGATION.
(a) PROFICIENCY TESTING REQUIREMENTS.—
(1) GENERALLY.—(A) Personnel at the Federal
Bureau of Investigation who perform DNA analyses
shall undergo, at regular intervals of not to exceed
180 days, external proficiency testing by a DNA pro-
ficiency testing program meeting the standards issued
under section 1003.
(B) Within 1 year after the date of enactment of
this Act, the Director of the Federal Bureau of Inves-
tigation shall arrange for periodic blind external tests
to determine the proficiency of DNA analysis per-
formed at the Federal Bureau of Investigation labora-
tory.
(C) In this paragraph, ‘‘blind external test’’
means a test that is presented to the laboratory
through a second agency and appears to the analysts
to involve routine evidence.
(2) REPORT.—For 5 years after the date of en-
actment of this Act, the Director of the Federal Bu-
reau of Investigation shall submit to the Committees
on the Judiciary of the House and Senate an annual
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report on the results of each of the tests described in
paragraph (1).
(b) PRIVACY PROTECTION STANDARDS.—
(1) GENERALLY.—Except as provided in para-
graph (2), the results of DNA tests performed for a
Federal law enforcement agency for law enforcement
purposes may be disclosed only—
(A) to criminal justice agencies for law en-
forcement identification purposes;
(B) in judicial proceedings, if otherwise ad-
missible pursuant to applicable statues or rules;
and
(C) for criminal defense purposes, to a de-
fendant, who shall have access to samples and
analyses performed in connection with the case
in which such defendant is charged.
(2) EXCEPTION.—If personally identifiable infor-
mation is removed, test results may be disclosed for
a population statistics database, for identification re-
search and protocol development purposes, or for
quality control purposes.
(c) CRIMINAL PENALTY.—(1) A person who—
(A) by virtue of employment or official position,
has possession of, or access to, individually identifi-
able DNA information indexed in a database created
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or maintained by any Federal law enforcement agen-
cy; and
(B) willfully discloses such information in any
manner to any person or agency not entitled to re-
ceive it,
shall be fined not more than $100,000.
(2) A person who, without authorization, willfully ob-
tains DNA samples or individually identifiable DNA infor-
mation indexed in a database created or maintained by any
Federal law enforcement agency shall be fined not more
than $100,000.
SEC. 1006. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Federal
Bureau of Investigation to carry out sections 1003, 1004,
and 1005 $4,500,000 for each of fiscal years 1994, 1995,
1996, 1997, 1998, and 1999.
Subtitle B—Department of Justice
Community 
Substance 
Abuse
Prevention
SEC. 1011. SHORT TITLE.
This section may be cited as the ‘‘Department of Jus-
tice Community Substance Abuse Prevention Act of 1993’’.
SEC. 1012. COMMUNITY PARTNERSHIPS.
(a) IN GENERAL.—Part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
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et seq.) is amended by adding at the end the following new
subpart:
‘‘Subpart 4—Community Coalitions on Substance Abuse
‘‘GRANTS TO COMBAT SUBSTANCE ABUSE
‘‘SEC. 531. (a) DEFINITION.—As used in this section,
the term ‘eligible coalition’ means an association, consisting
of at least 7 organizations, agencies, and individuals that
are concerned about preventing substance abuse, that shall
include—
‘‘(1) public and private organizations and agen-
cies that represent law enforcement, schools, health
and social service agencies, and community-based or-
ganizations; and
‘‘(2) representatives of 3 of the following groups:
the clergy, academia, business, parents, youth, the
media, civic and fraternal groups, or other non-
governmental interested parties.
‘‘(b) GRANT PROGRAM.—The Attorney General, acting
through the Director of the Bureau of Justice Assistance,
and the appropriate State agency, may make grants to eli-
gible coalitions in order to—
‘‘(1) plan and implement comprehensive long-
term strategies for substance abuse prevention;
‘‘(2) develop a detailed assessment of existing
substance abuse prevention programs and activities to
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determine community resources and to identify major
gaps and barriers in such programs and activities;
‘‘(3) identify and solicit funding sources to en-
able such programs and activities to become self-sus-
taining;
‘‘(4) develop a consensus regarding the priorities
of a community concerning substance abuse;
‘‘(5) develop a plan to implement such priorities;
and
‘‘(6) coordinate substance abuse services and ac-
tivities, including prevention activities in the schools
or communities and substance abuse treatment pro-
grams.
‘‘(c) COMMUNITY PARTICIPATION.—In developing and
implementing a substance abuse prevention program, a coa-
lition receiving funds under subsection (b) shall—
‘‘(1) emphasize and encourage substantial vol-
untary participation in the community, especially
among individuals involved with youth such as teach-
ers, coaches, parents, and clergy; and
‘‘(2) emphasize and encourage the involvement of
businesses, civic groups, and other community organi-
zations and members.
‘‘(d) APPLICATION.—An eligible coalition shall submit
an application to the Attorney General and the appropriate
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State agency in order to receive a grant under this section.
Such application shall—
‘‘(1) describe and, to the extent possible, docu-
ment the nature and extent of the substance abuse
problem, emphasizing who is at risk and specifying
which groups of individuals should be targeted for
prevention and intervention;
‘‘(2) describe the activities needing financial
assistance;
‘‘(3) identify participating agencies, organiza-
tions, and individuals;
‘‘(4) identify the agency, organization, or indi-
vidual that has responsibility for leading the coali-
tion, and provide assurances that such agency, orga-
nization or individual has previous substance abuse
prevention experience;
‘‘(5) describe a mechanism to evaluate the success
of the coalition in developing and carrying out the
substance abuse prevention plan referred to in sub-
section (b)(5) and to report on such plan to the Attor-
ney General on an annual basis; and
‘‘(6) contain such additional information and
assurances as the Attorney General and the appro-
priate State agency may prescribe.
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‘‘(e) PRIORITY.—In awarding grants under this sec-
tion, the Attorney General and the appropriate State agen-
cy shall give priority to a community that—
‘‘(1) provides evidence of significant substance
abuse;
‘‘(2) proposes a comprehensive and multifaceted
approach to eliminating substance abuse;
‘‘(3) encourages the involvement of businesses
and community leaders in substance abuse prevention
activities;
‘‘(4) demonstrates a commitment and a high pri-
ority for preventing substance abuse; and
‘‘(5) demonstrates support from the community
and State and local agencies for efforts to eliminate
substance abuse.
‘‘(f) REVIEW.—Each coalition receiving money pursu-
ant to the provisions of this section shall submit an annual
report to the Attorney General, and the appropriate State
agency, evaluating the effectiveness of the plan described in
subsection (b)(5) and containing such additional informa-
tion as the Attorney General, or the appropriate State agen-
cy, may prescribe. The Attorney General, in conjunction
with the Director of the Bureau of Justice Assistance, and
the appropriate State agency, shall submit an annual re-
view to the Committee on the Judiciary of the Senate and
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the Committee on the Judiciary of the House of Representa-
tives. Such review shall—
‘‘(1) evaluate the grant program established in
this section to determine its effectiveness;
‘‘(2) implement necessary changes to the pro-
gram that can be done by the Attorney General; and
‘‘(3) recommend any statutory changes that are
necessary.
‘‘(g) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$15,000,000 for fiscal year 1995, $20,000,000 for fiscal year
1996, and $25,000,000 for fiscal year 1997.’’.
(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.) is amended by inserting
after the item relating to section 522 the following:
‘‘SUBPART 4—COMMUNITY COALITION ON SUBSTANCE ABUSE
‘‘Sec. 531. Grants to combat substance abuse.’’.
Subtitle C—Racial and Ethnic Bias
Study Grants
SEC. 1021. STUDY GRANTS.
(a) FINDINGS.—The Congress finds that—
(1) equality under law is tested most profoundly
by whether a legal system tolerates race playing a role
in the criminal justice system; and
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(2) States should examine their criminal justice
systems in order to ensure that racial and ethnic bias
has no part in such criminal justice systems.
(b) AUTHORIZATION OF GRANT PROGRAM.—
(1) IN GENERAL.—The Attorney General, acting
through the Bureau of Justice Assistance, may make
grants to States that have established by State law or
by the court of last resort a plan for analyzing the
role of race in that State’s criminal justice system.
Such plan shall include recommendations designed to
correct any findings that racial and ethnic bias plays
such a role.
(2) CRITERIA FOR GRANTS.—Grants under this
subsection shall be awarded based upon criteria estab-
lished by the Attorney General. In establishing the
criteria, the Attorney General shall take into consid-
eration the population of the respective States, the ra-
cial and ethnic composition of the population of the
States, whether the State plan expressly considers the
role of race in procedures for jury selection in the
State, and the crime rates of the States.
(3) REPORTS BY STATES.—Recipients of grants
under this subsection shall report the findings and
recommendations of studies funded by grants under
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this subsection to the Congress within reasonable time
limits established by the Attorney General.
(4) REIMBURSEMENT OF STATES.—Grants may
be made to reimburse States for work started prior to
the date of enactment of this Act.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$2,000,000 for each of fiscal years 1995, 1996, 1997, 1998,
and 1999.
Subtitle D—Improved Training and
Technical Automation
SEC. 1031. IMPROVED TRAINING AND TECHNICAL AUTOMA-
TION.
(a) GRANTS.—
(1) IN GENERAL.—The Attorney General shall,
subject to the availability of appropriations, make
grants to units of State and local law enforcement for
the purposes of improving law enforcement agency ef-
ficiency through computerized automation and tech-
nological improvements.
(2) TYPES OF PROGRAMS.—Grants under this
section may include programs to—
(A) increase use of mobile digital terminals;
(B) improve communications systems;
(C) accomplish paper-flow reduction;
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(D) establish or improve ballistics identi-
fication programs;
(E) increase the application of automated
fingerprint identification systems and their com-
munications on an interstate and intrastate
basis; and.
(F) improve computerized collection of
criminal records.
(3) FUNDING.—No funds under this subtitle may
be used to implement any cryptographic or digital te-
lephony programs.
(b) TRAINING AND INVESTIGATIVE ASSISTANCE.—
(1) IN GENERAL.—The Attorney General shall,
subject to the availability of appropriations—
(A) expand and improve investigative and
managerial training courses for State and local
law enforcement agencies; and
(B) develop and implement, on a pilot basis
with no more than 10 participating cities, an
intelligent information system that gathers, inte-
grates, organizes, and analyzes information in
active support of investigations by Federal,
State, and local law enforcement agencies of vio-
lent serial crimes.
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(2) IMPROVEMENT
OF
FACILITIES.—The im-
provement described in subsection (a) shall include
improvements of the training facilities of the Federal
Bureau of Investigation Academy at Quantico, Vir-
ginia.
(3) INTELLIGENT
INFORMATION
SYSTEM.—The
intelligent information system described in paragraph
(1)(B) shall be developed and implemented by the
Federal Bureau of Investigation and shall utilize the
resources of the Violent Criminal Apprehension Pro-
gram.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for fiscal year 1994—
(1) $100,000,000 to carry out subsection (a);
(2) 
$40,000,000 
to 
carry 
out 
subsection
(b)(1)(A); and
(3) 
$10,000,000 
to 
carry 
out 
subsection
(b)(2)(B).
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TITLE XI—PROVISIONS
RELATING TO POLICE OFFICERS
Subtitle A—Law Enforcement
Family Support
SEC. 1101. LAW ENFORCEMENT FAMILY SUPPORT.
(a) IN GENERAL.—Title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),
as amended by section 309(b)(1), is amended—
(1) by redesignating part S as part T;
(2) by redesignating section 1901 as 2001; and
(3) by inserting after part R the following new
part:
‘‘PART S—FAMILY SUPPORT
‘‘SEC. 1901. DUTIES OF DIRECTOR.
‘‘The Director shall—
‘‘(1) establish guidelines and oversee the imple-
mentation of family-friendly policies within law en-
forcement-related offices and divisions in the Depart-
ment of Justice;
‘‘(2) study the effects of stress on law enforcement
personnel and family well-being and disseminate the
findings of such studies to Federal, State, and local
law enforcement agencies, related organizations, and
other interested parties;
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‘‘(3) identify and evaluate model programs that
provide support services to law enforcement personnel
and families;
‘‘(4) provide technical assistance and training
programs to develop stress reduction and family sup-
port to State and local law enforcement agencies;
‘‘(5) collect and disseminate information regard-
ing family support, stress reduction, and psycho-
logical services to Federal, State, and local law en-
forcement agencies, law enforcement-related organiza-
tions, and other interested entities; and
‘‘(6) determine issues to be researched by the Bu-
reau and by grant recipients.
‘‘SEC. 1902. GENERAL AUTHORIZATION.
‘‘The Director may make grants to States and local
law enforcement agencies and to organizations representing
State or local law enforcement personnel to provide family
support services to law enforcement personnel.
‘‘SEC. 1903. USES OF FUNDS.
‘‘(a) IN GENERAL.—A State or local law enforcement
agency or organization that receives a grant under this Act
shall use amounts provided under the grant to establish or
improve training and support programs for law enforce-
ment personnel.
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‘‘(b) REQUIRED
ACTIVITIES.—A law enforcement
agency or organization that receives funds under this part
shall provide at least one of the following services:
‘‘(1) Counseling for law enforcement family
members.
‘‘(2) Child care on a 24-hour basis.
‘‘(3) Marital and adolescent support groups.
‘‘(4) Stress reduction programs.
‘‘(5) Stress education for law enforcement re-
cruits and families.
‘‘(6) Provide technical assistance and training
programs to support any or all of the services de-
scribed in paragraphs (1), (2), (3), (4), and (5).
‘‘(c) OPTIONAL ACTIVITIES.—A law enforcement agen-
cy or organization that receives funds under this part may
provide the following services:
‘‘(1) Post-shooting debriefing for officers and
their spouses.
‘‘(2) Group therapy.
‘‘(3) Hypertension clinics.
‘‘(4) Critical incident response on a 24-hour
basis.
‘‘(5) Law enforcement family crisis telephone
services on a 24-hour basis.
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‘‘(6) Counseling for law enforcement personnel
exposed to the human immunodeficiency virus.
‘‘(7) Counseling for peers.
‘‘(8) Counseling for families of personnel killed
in the line of duty.
‘‘(9) Seminars regarding alcohol, drug use, gam-
bling, and overeating.
‘‘(10) Technical assistance and training to sup-
port any or all of the services described in paragraphs
(1), (2), (3), (4), (5), (6), (7), (8), and (9).
‘‘SEC. 1904. APPLICATIONS.
‘‘A law enforcement agency or organization desiring
to receive a grant under this part shall submit to the Direc-
tor an application at such time, in such manner, and con-
taining or accompanied by such information as the Direc-
tor may reasonably require. Such application shall—
‘‘(1) certify that the law enforcement agency
shall match all Federal funds with an equal amount
of cash or in-kind goods or services from other non-
Federal sources;
‘‘(2) include a statement from the highest rank-
ing law enforcement official from the State or locality
or from the highest ranking official from the organi-
zation applying for the grant that attests to the need
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and intended use of services to be provided with grant
funds; and
‘‘(3) assure that the Director or the Comptroller
General of the United States shall have access to all
records related to the receipt and use of grant funds
received under this part.
‘‘SEC. 1905. AWARD OF GRANTS; LIMITATION.
‘‘(a) GRANT DISTRIBUTION.—In approving grants
under this part, the Director shall assure an equitable dis-
tribution of assistance among the States, among urban and
rural areas of the United States, and among urban and
rural areas of a State.
‘‘(b) DURATION.—The Director may award a grant
each fiscal year, not to exceed $100,000 to a State or local
law enforcement agency or $250,000 to a law enforcement
organization for a period not to exceed 5 years. In any ap-
plication from a State or local law enforcement agency or
organization for a grant to continue a program for the sec-
ond, third, fourth, or fifth fiscal year following the first fis-
cal year in which a grant was awarded to such agency,
the Director shall review the progress made toward meeting
the objectives of the program. The Director may refuse to
award a grant if the Director finds sufficient progress has
not been made toward meeting such objectives, but only
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after affording the applicant notice and an opportunity for
reconsideration.
‘‘(c) LIMITATION.—Not more than 10 percent of grant
funds received by a State or a local law enforcement agency
or organization may be used for administrative purposes.
‘‘SEC. 1906. DISCRETIONARY RESEARCH GRANTS.
‘‘The Director may reserve 10 percent of funds to
award research grants to a State or local law enforcement
agency or organization to study issues of importance in the
law enforcement field as determined by the Director.
‘‘SEC. 1907. REPORTS.
‘‘(a) REPORT FROM GRANT RECIPIENTS.—A State or
local law enforcement agency or organization that receives
a grant under this part shall submit to the Director an
annual report that includes—
‘‘(1) program descriptions;
‘‘(2) the number of staff employed to administer
programs;
‘‘(3) the number of individuals who participated
in programs; and
‘‘(4) an evaluation of the effectiveness of grant
programs.
‘‘(b) REPORT FROM DIRECTOR.—(1) The Director
shall submit to the Congress a report not later than March
31 of each fiscal year.
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‘‘(2) Such report shall contain—
‘‘(A) a description of the types of projects devel-
oped or improved through funds received under this
part;
‘‘(B) a description of exemplary projects and ac-
tivities developed;
‘‘(C) a designation of the family relationship to
the law enforcement personnel of individuals served;
and
‘‘(D) the number of individuals served in each
location and throughout the country.
‘‘SEC. 1908. DEFINITIONS.
‘‘For purposes of this part—
‘‘(1) the term ‘family-friendly policy’ means a
policy to promote or improve the morale and well
being of law enforcement personnel and their families;
and
‘‘(2) the term ‘law enforcement personnel’ means
individuals employed by Federal, State, and local law
enforcement agencies.’’.
(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
309(b)(2), is amended by striking the matter relating to
part R and inserting the following:
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‘‘PART S—FAMILY SUPPORT
‘‘Sec. 1901. Duties of director.
‘‘Sec. 1902. General authorization.
‘‘Sec. 1903. Uses of funds.
‘‘Sec. 1904. Applications.
‘‘Sec. 1905. Award of grants; limitation.
‘‘Sec. 1906. Discretionary research grants.
‘‘Sec. 1907. Reports.
‘‘Sec. 1908. Definitions.
‘‘PART V—TRANSITION; EFFECTIVE DATE; REPEALS
‘‘Sec. 2001. Continuation of rules, authorities, and privileges.’’.
(c) AUTHORIZATION
OF APPROPRIATIONS.—Section
1001(a) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.), as amended by section
309(b)(3), is amended—
(1) in paragraph (3) by striking ‘‘and R’’ and
inserting ‘‘R, and S’’; and
(2) by adding at the end the following new para-
graph:
‘‘(13) There are authorized to be appropriated to carry
out part U $5,000,000 for each of fiscal years 1995, 1996,
1997, 1998, and 1999. Not more than 20 percent of such
funds may be used to accomplish the duties of the Director
under that part, including administrative costs, research,
and training programs.’’.
Subtitle B—Police Pattern or
Practice
SEC. 1111. CAUSE OF ACTION.
(a) UNLAWFUL CONDUCT.—It shall be unlawful for
any governmental authority, or any agent thereof, or any
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person acting on behalf of a governmental authority, to en-
gage in a pattern or practice of conduct by law enforcement
officers or by officials or employees of any governmental
agency with responsibility for the administration of juve-
nile justice or the incarceration of juveniles that deprives
persons of rights, privileges, or immunities secured or pro-
tected by the Constitution or laws of the United States.
(b) CIVIL ACTION BY ATTORNEY GENERAL.—Whenever
the Attorney General has reasonable cause to believe that
a violation of paragraph (1) has occurred, the Attorney
General, for or in the name of the United States, may in
a civil action obtain appropriate equitable and declaratory
relief to eliminate the pattern or practice.
SEC. 1112. DATA ON USE OF EXCESSIVE FORCE.
(a) ATTORNEY GENERAL TO COLLECT.—The Attorney
General shall, through the victimization surveys conducted
by the Bureau of Justice Statistics, acquire data about the
use of excessive force by law enforcement officers.
(b) LIMITATION ON USE OF DATA.—Data acquired
under this section shall be used only for research or statis-
tical purposes and may not contain any information that
may reveal the identity of the victim or any law enforce-
ment officer.
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(c) ANNUAL SUMMARY.—The Attorney general shall
publish an annual summary of the data acquired under this
section.
Subtitle C—Police Corps and Law
Enforcement Officers Training
and Education
CHAPTER 1—POLICE CORPS
SEC. 1121. SHORT TITLE.
This chapter may be cited as the ‘‘Police Corps Act’’.
SEC. 1122. PURPOSES.
The purposes of this chapter are to—
(1) address violent crime by increasing the num-
ber of police with advanced education and training
on community patrol; and
(2) provide educational assistance to law enforce-
ment personnel and to students who possess a sincere
interest in public service in the form of law enforce-
ment.
SEC. 1123. DEFINITIONS.
In this chapter—
‘‘academic year’’ means a traditional academic
year beginning in August or September and ending
in the following May or June.
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‘‘dependent child’’ means a natural or adopted
child or stepchild of a law enforcement officer who at
the time of the officer’s death—
(A) was no more than 21 years old; or
(B) if older than 21 years, was in fact de-
pendent on the child’s parents for at least one-
half of the child’s support (excluding educational
expenses), as determined by the Director.
‘‘Director’’ means the Director of the Office of the
Police Corps and Law Enforcement Education ap-
pointed under section 1124.
‘‘educational expenses’’ means expenses that are
directly attributable to—
(A) a course of education leading to the
award of the baccalaureate degree in legal- or
criminal justice-related studies; or
(B) a course of graduate study legal or
criminal justice studies following award of a
baccalaureate degree,
including the cost of tuition, fees, books, supplies,
transportation, room and board and miscellaneous ex-
penses.
‘‘institution of higher education’’ has the mean-
ing stated in the first sentence of section 1201(a) of
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the Higher Education Act of 1965 (20 U.S.C.
1141(a)).
‘‘participant’’ means a participant in the Police
Corps program selected pursuant to section 306.
‘‘State’’ means a State of the United States, the
District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam,
and the Commonwealth of the Northern Mariana Is-
lands.
‘‘State Police Corps program’’ means a State po-
lice corps program that meets the requirements of sec-
tion 1130.
SEC. 1124. ESTABLISHMENT OF OFFICE OF THE POLICE
CORPS AND LAW ENFORCEMENT EDUCATION.
(a) ESTABLISHMENT.—There is established in the De-
partment of Justice, under the general authority of the At-
torney General, an Office of the Police Corps and Law En-
forcement Education.
(b) APPOINTMENT OF DIRECTOR.—The Office of the
Police Corps and Law Enforcement Education shall be
headed by a Director who shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate.
(c) RESPONSIBILITIES OF DIRECTOR.—The Director
shall be responsible for the administration of the Police
Corps program established by this chapter and shall have
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authority to promulgate regulations to implement this
chapter.
SEC. 1125. DESIGNATION OF LEAD AGENCY AND SUBMIS-
SION OF STATE PLAN.
(a) LEAD AGENCY.—A State that desires to participate
in the Police Corps program under this chapter shall des-
ignate a lead agency that will be responsible for—
(1) submitting to the Director a State plan de-
scribed in subsection (b); and
(2) administering the program in the State.
(b) STATE PLANS.—A State plan shall—
(1) contain assurances that the lead agency shall
work in cooperation with the local law enforcement li-
aisons, representatives of police labor organizations
and police management organizations, and other ap-
propriate State and local agencies to develop and im-
plement interagency agreements designed to carry out
the program;
(2) contain assurances that the State shall adver-
tise the assistance available under this chapter;
(3) contain assurances that the State shall screen
and select law enforcement personnel for participation
in the program; and
(4) meet the requirements of section 1130.
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SEC. 1126. SCHOLARSHIP ASSISTANCE.
(a) SCHOLARSHIPS AUTHORIZED.—(1) The Director
may award scholarships to participants who agree to work
in a State or local police force in accordance with agree-
ments entered into pursuant to subsection (d).
(2)(A) Except as provided in subparagraph (B), each
scholarship payment made under this section for each aca-
demic year shall not exceed—
(i) $7,500; or
(ii) the cost of the educational expenses related to
attending an institution of higher education.
(B) In the case of a participant who is pursuing a
course of educational study during substantially an entire
calendar year, the amount of scholarship payments made
during such year shall not exceed $10,000.
(C) The total amount of scholarship assistance received
by any one student under this section shall not exceed
$30,000.
(3) Recipients of scholarship assistance under this sec-
tion shall continue to receive such scholarship payments
only during such periods as the Director finds that the re-
cipient is maintaining satisfactory progress as determined
by the institution of higher education the recipient is at-
tending.
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(4)(A) The Director shall make scholarship payments
under this section directly to the institution of higher edu-
cation that the student is attending.
(B) Each institution of higher education receiving a
payment on behalf of a participant pursuant to subpara-
graph (A) shall remit to such student any funds in excess
of the costs of tuition, fees, and room and board payable
to the institution.
(b) REIMBURSEMENT AUTHORIZED.—(1) The Director
may make payments to a participant to reimburse such
participant for the costs of educational expenses if the stu-
dent agrees to work in a State or local police force in ac-
cordance with the agreement entered into pursuant to sub-
section (d).
(2)(A) Each payment made pursuant to paragraph (1)
for each academic year of study shall not exceed—
(i) $7,500; or
(ii) the cost of educational expenses related to at-
tending an institution of higher education.
(B) In the case of a participant who is pursuing a
course of educational study during substantially an entire
calendar year, the amount of scholarship payments made
during such year shall not exceed $10,000.
(C) The total amount of payments made pursuant to
subparagraph (A) to any 1 student shall not exceed $30,000.
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(c) USE
OF SCHOLARSHIP.—Scholarships awarded
under this subsection shall only be used to attend a 4-year
institution of higher education, except that—
(1) scholarships may be used for graduate and
professional study; and
(2) if a participant has enrolled in the program
upon or after transfer to a 4-year institution of high-
er education, the Director may reimburse the partici-
pant for the participant’s prior educational expenses.
(d) AGREEMENT.—(1)(A) Each participant receiving
a scholarship or a payment under this section shall enter
into an agreement with the Director.
(B) An agreement under subparagraph (A) shall con-
tain assurances that the participant shall—
(i) after successful completion of a baccalaureate
program and training as prescribed in section 8,
work for 4 years in a State or local police force with-
out there having arisen sufficient cause for the par-
ticipant’s dismissal under the rules applicable to
members of the police force of which the participant
is a member;
(ii) complete satisfactorily—
(I) an educational course of study and re-
ceipt of a baccalaureate degree (in the case of un-
dergraduate study) or the reward of credit to the
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participant for having completed one or more
graduate courses (in the case of graduate study);
and
(II) Police Corps training and certification
by the Director that the participant has met
such performance standards as may be estab-
lished pursuant to section 1128; and
(iii) repay all of the scholarship or payment re-
ceived plus interest at the rate of 10 percent if the
conditions of clauses (i) and (ii) are not complied
with.
(2)(A) A recipient of a scholarship or payment under
this section shall not be considered to be in violation of the
agreement entered into pursuant to paragraph (1) if the
recipient—
(i) dies; or
(ii) becomes permanently and totally disabled as
established by the sworn affidavit of a qualified phy-
sician.
(B) If a scholarship recipient is unable to comply with
the repayment provision set forth in paragraph (1)(B)(ii)
because of a physical or emotional disability or for good
cause as determined by the Director, the Director may sub-
stitute community service in a form prescribed by the Di-
rector for the required repayment.
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(C) The Director shall expeditiously seek repayment
from a participant who violates an agreement described in
paragraph (1).
(e) DEPENDENT CHILD.—A dependent child of a law
enforcement officer—
(1) who is a member of a State or local police
force or is a Federal criminal investigator or uni-
formed police officer,
(2) who is not a participant in the Police Corps
program, but
(3) who serves in a State for which the Director
has approved a Police Corps plan, and
(4) who is killed in the course of performing po-
lice duties,
shall be entitled to the scholarship assistance authorized in
this section for any course of study in any accredited insti-
tution of higher education. Such dependent child shall not
incur any repayment obligation in exchange for the scholar-
ship assistance provided in this section.
(f) APPLICATION.—Each participant desiring a schol-
arship or payment under this section shall submit an appli-
cation as prescribed by the Director in such manner and
accompanied by such information as the Director may rea-
sonably require.
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SEC. 1127. SELECTION OF PARTICIPANTS.
(a) IN GENERAL.—Participants in State Police Corps
programs shall be selected on a competitive basis by each
State under regulations prescribed by the Director.
(b) SELECTION CRITERIA AND QUALIFICATIONS.—(1)
In order to participate in a State Police Corps program,
a participant shall—
(A) be a citizen of the United States or an alien
lawfully admitted for permanent residence in the
United States;
(B) meet the requirements for admission as a
trainee of the State or local police force to which the
participant will be assigned pursuant to section
1130(c)(5), including achievement of satisfactory
scores on any applicable examination, except that
failure to meet the age requirement for a trainee of
the State or local police shall not disqualify the appli-
cant if the applicant will be of sufficient age upon
completing an undergraduate course of study;
(C) possess the necessary mental and physical
capabilities and emotional characteristics to discharge
effectively the duties of a law enforcement officer;
(D) be of good character and demonstrate sincere
motivation and dedication to law enforcement and
public service;
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(E) in the case of an undergraduate, agree in
writing that the participant will complete an edu-
cational course of study leading to the award of a
baccalaureate degree and will then accept an appoint-
ment and complete 4 years of service as an officer in
the State police or in a local police department with-
in the State;
(F) in the case of a participant desiring to un-
dertake or continue graduate study, agree in writing
that the participant will accept an appointment and
complete 4 years of service as an officer in the State
police or in a local police department within the
State before undertaking or continuing graduate
study;
(G) contract, with the consent of the partici-
pant’s parent or guardian if the participant is a
minor, to serve for 4 years as an officer in the State
police or in a local police department, if an appoint-
ment is offered; and
(H) except as provided in paragraph (2), be
without previous law enforcement experience.
(2)(A) Until the date that is 5 years after the date
of enactment of this Act, up to 10 percent of the applicants
accepted into the Police Corps program may be persons
who—
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(i) have had some law enforcement experience;
and
(ii) have demonstrated special leadership poten-
tial and dedication to law enforcement.
(B)(i) The prior period of law enforcement of a partic-
ipant selected pursuant to subparagraph (A) shall not be
counted toward satisfaction of the participant’s 4-year serv-
ice obligation under section 1129, and such a participant
shall be subject to the same benefits and obligations under
this chapter as other participants, including those stated
in section (b)(1) (E) and (F).
(ii) Clause (i) shall not be construed to preclude count-
ing a participant’s previous period of law enforcement ex-
perience for purposes other than satisfaction of the require-
ments of section 9, such as for purposes of determining such
a participant’s pay and other benefits, rank, and tenure.
(3) It is the intent of this chapter that there shall be
no more than 20,000 participants in each graduating class.
The Director shall approve State plans providing in the ag-
gregate for such enrollment of applicants as shall assure,
as nearly as possible, annual graduating classes of 20,000.
In a year in which applications are received in a number
greater than that which will produce, in the judgment of
the Director, a graduating class of more than 20,000, the
Director shall, in deciding which applications to grant, give
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preference to those who will be participating in State plans
that provide law enforcement personnel to areas of greatest
need.
(c) RECRUITMENT OF MINORITIES.—Each State par-
ticipating in the Police Corps program shall make special
efforts to seek and recruit applicants from among members
of all racial, ethnic or gender groups. This subsection does
not authorize an exception from the competitive standards
for admission established pursuant to subsections (a) and
(b).
(d) ENROLLMENT OF APPLICANT.—(1) An applicant
shall be accepted into a State Police Corps program on the
condition that the applicant will be matriculated in, or ac-
cepted for admission at, a 4-year institution of higher edu-
cation—
(A) as a full-time student in an undergraduate
program; or
(B) for purposes of taking a graduate course.
(2) If the applicant is not matriculated or accepted
as set forth in paragraph (1), the applicant’s acceptance
in the program shall be revoked.
(e) LEAVE OF ABSENCE.—(1) A participant in a State
Police Corps program who requests a leave of absence from
educational study, training or service for a period not to
exceed 1 year (or 18 months in the aggregate in the event
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of multiple requests) due to temporary physical or emo-
tional disability shall be granted such leave of absence by
the State.
(2) A participant who requests a leave of absence from
educational study, training or service for a period not to
exceed 1 year (or 18 months in the aggregate in the event
of multiple requests) for any reason other than those listed
in paragraph (1) may be granted such leave of absence by
the State.
(3) A participant who requests a leave of absence from
educational study or training for a period not to exceed
30 months to serve on an official church mission may be
granted such leave of absence.
(f) ADMISSION OF APPLICANTS.—An applicant may be
admitted into a State Police Corps program either before
commencement of or during the applicant’s course of edu-
cational study.
SEC. 1128. POLICE CORPS TRAINING.
(a) IN GENERAL.—(1) The Director shall establish
programs of training for Police Corps participants. Such
programs may be carried out at up to 3 training centers
established for this purpose and administered by the Direc-
tor, or by contracting with existing State training facilities.
The Director shall contract with a State training facility
upon request of such facility if the Director determines that
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such facility offers a course of training substantially equiv-
alent to the Police Corps training program described in this
chapter.
(2) The Director may enter into contracts with indi-
viduals, institutions of learning, and government agencies
(including State and local police forces) to obtain the serv-
ices of persons qualified to participate in and contribute
to the training process.
(3) The Director may enter into agreements with agen-
cies of the Federal Government to utilize on a reimbursable
basis space in Federal buildings and other resources.
(4) The Director may authorize such expenditures as
are necessary for the effective maintenance of the training
centers, including purchases of supplies, uniforms, and edu-
cational materials, and the provision of subsistence, quar-
ters, and medical care to participants.
(b) TRAINING SESSIONS.—A participant in a State
Police Corps program shall attend two 8-week training ses-
sions at a training center, one during the summer following
completion of sophomore year and one during the summer
following completion of junior year. If a participant enters
the program after sophomore year, the participant shall
complete 16 weeks of training at times determined by the
Director.
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(c) FURTHER TRAINING.—The 16 weeks of Police
Corps training authorized in this section is intended to
serve as basic law enforcement training but not to exclude
further training of participants by the State and local au-
thorities to which they will be assigned. Each State plan
approved by the Director under section 10 shall include as-
surances that following completion of a participant’s course
of education each participant shall receive appropriate ad-
ditional training by the State or local authority to which
the participant is assigned. The time spent by a participant
in such additional training, but not the time spent in Police
Corps training, shall be counted toward fulfillment of the
participant’s 4-year service obligation.
(d) COURSE OF TRAINING.—The training sessions at
training centers established under this section shall be de-
signed to provide basic law enforcement training, including
vigorous physical and mental training to teach partici-
pants self-discipline and organizational loyalty and to im-
part knowledge and understanding of legal processes and
law enforcement.
(e) EVALUATION
OF PARTICIPANTS.—A participant
shall be evaluated during training for mental, physical, and
emotional fitness, and shall be required to meet performance
standards prescribed by the Director at the conclusion of
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each training session in order to remain in the Police Corps
program.
(f) STIPEND.—The Director shall pay participants in
training sessions a stipend of $250 a week during training.
SEC. 1129. SERVICE OBLIGATION.
(a) SWEARING IN.—Upon satisfactory completion of
the participant’s course of education and training program
established in section 1128 and meeting the requirements
of the police force to which the participant is assigned, a
participant shall be sworn in as a member of the police
force to which the participant is assigned pursuant to the
State Police Corps plan, and shall serve for 4 years as a
member of that police force.
(b) RIGHTS AND RESPONSIBILITIES.—A participant
shall have all of the rights and responsibilities of and shall
be subject to all rules and regulations applicable to other
members of the police force of which the participant is a
member, including those contained in applicable agree-
ments with labor organizations and those provided by State
and local law.
(c) DISCIPLINE.—If the police force of which the par-
ticipant is a member subjects the participant to discipline
such as would preclude the participant’s completing 4 years
of service, and result in denial of educational assistance
under section 1126, the Director may, upon a showing of
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good cause, permit the participant to complete the service
obligation in an equivalent alternative law enforcement
service and, if such service is satisfactorily completed, sec-
tion 1126(d)(1)(B)(iii) shall not apply.
(d) LAYOFFS.—If the police force of which the partici-
pant is a member lays off the participant such as would
preclude the participant’s completing 4 years of service, and
result in denial of educational assistance under section
1126, the Director may permit the participant to complete
the service obligation in an equivalent alternative law en-
forcement service and, if such service is satisfactorily com-
pleted, section 1126(d)(1)(B)(iii) shall not apply.
SEC. 1130. STATE PLAN REQUIREMENTS.
A State Police Corps plan shall—
(1) provide for the screening and selection of
participants in accordance with the criteria set out in
section 1127;
(2) state procedures governing the assignment of
participants in the Police Corps program to State
and local police forces (no more than 10 percent of all
the participants assigned in each year by each State
to be assigned to a statewide police force or forces);
(3) provide that participants shall be assigned to
those geographic areas in which—
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(A) there is the greatest need for additional
law enforcement personnel; and
(B) the participants will be used most effec-
tively;
(4) provide that to the extent consistent with
paragraph (3), a participant shall be assigned to an
area near the participant’s home or such other place
as the participant may request;
(5) provide that to the extent feasible, a partici-
pant’s assignment shall be made at the time the par-
ticipant is accepted into the program, subject to
change—
(A) prior to commencement of a partici-
pant’s fourth year of undergraduate study, under
such circumstances as the plan may specify; and
(B) from commencement of a participant’s
fourth year of undergraduate study until comple-
tion of 4 years of police service by participant,
only for compelling reasons or to meet the needs
of the State Police Corps program and only with
the consent of the participant;
(6) provide that no participant shall be assigned
to serve with a local police force—
(A) whose size has declined by more than 5
percent since June 21, 1989; or
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(B) which has members who have been laid
off but not retired;
(7) provide that participants shall be placed and
to the extent feasible kept on community and preven-
tive patrol;
(8) ensure that participants will receive effective
training and leadership;
(9) provide that the State may decline to offer a
participant an appointment following completion of
Federal training, or may remove a participant from
the Police Corps program at any time, only for good
cause (including failure to make satisfactory progress
in a course of educational study) and after following
reasonable review procedures stated in the plan; and
(10) provide that a participant shall, while serv-
ing as a member of a police force, be compensated at
the same rate of pay and benefits and enjoy the same
rights under applicable agreements with labor organi-
zations and under State and local law as other police
officers of the same rank and tenure in the police
force of which the participant is a member.
SEC. 1131. ASSISTANCE TO STATES AND LOCALITIES EM-
PLOYING POLICE CORPS OFFICERS.
Each jurisdiction directly employing Police Corps par-
ticipants during the 4-year term of service prescribed by
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section 1129 shall receive $10,000 on account of each such
participant at the completion of each such year of service,
but—
(1) no such payment shall be made on account
of service in any State or local police force—
(A) whose average size, in the year for
which payment is to be made, not counting Po-
lice Corps participants assigned under section
106, has declined more than 2 percent since Jan-
uary 1, 1993; or
(B) which has members who have been laid
off but not retired; and
(2) no such payment shall be made on account
of any Police Corps participant for years of service
after the completion of the term of service prescribed
in section 1129.
SEC. 1132. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this chapter—
(1) $100,000,000 for fiscal year 1995 and
$250,000,000 for fiscal year 1996; and
(2) such sums as are necessary for each of fiscal
years 1997, 1998, and 1999.
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SEC. 1133. REPORTS TO CONGRESS.
(a) IN GENERAL.—Not later than April 1 of each year,
the Director shall submit a report to the Attorney General,
the President, the Speaker of the House of Representatives,
and the President of the Senate.
(b) CONTENTS.—A report under subsection (a) shall—
(1) state the number of current and past partici-
pants in the Police Corps program, broken down ac-
cording to the levels of educational study in which
they are engaged and years of service they have served
on police forces (including service following comple-
tion of the 4-year service obligation);
(2) describe the geographic, racial, and gender
dispersion of participants in the Police Corps pro-
gram; and
(3) describe the progress of the Police Corps pro-
gram and make recommendations for changes in the
program.
CHAPTER 2—LAW ENFORCEMENT
SCHOLARSHIP PROGRAM
SEC. 1141. SHORT TITLE.
This chapter may be cited as the ‘‘Law Enforcement
Scholarships and Recruitment Act’’.
SEC. 1142. DEFINITIONS.
In this chapter—
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‘‘Director’’ means the Director of the Bureau of
Justice Assistance.
‘‘educational expenses’’ means expenses that are
directly attributable to—
(A) a course of education leading to the
award of an associate degree;
(B) a course of education leading to the
award of a baccalaureate degree; or
(C) a course of graduate study following
award of a baccalaureate degree,
including the cost of tuition, fees, books, supplies, and
related expenses.
‘‘institution of higher education’’ has the mean-
ing stated in the first sentence of section 1201(a) of
the Higher Education Act of 1965 (20 U.S.C.
1141(a)).
‘‘law enforcement position’’ means employment
as an officer in a State or local police force, or correc-
tional institution.
‘‘State’’ means a State of the United States, the
District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands of the United States, Amer-
ican Samoa, Guam, and the Commonwealth of the
Northern Mariana Islands.
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SEC. 1143. ALLOTMENT.
From amounts appropriated under section 1150, the
Director shall allot—
(1) 80 percent of such amounts to States on the
basis of the number of law enforcement officers in
each State compared to the number of law enforce-
ment officers in all States; and
(2) 20 percent of such amounts to States on the
basis of the shortage of law enforcement personnel and
the need for assistance under this title in the State
compared to the shortage of law enforcement personnel
and the need for assistance under this title in all
States.
SEC. 1144. ESTABLISHMENT OF PROGRAM.
(a) USE OF ALLOTMENT.—
(1) IN GENERAL.—A State that receives an allot-
ment pursuant to section 1143 shall use the allotment
to pay the Federal share of the costs of—
(A) awarding scholarships to in-service law
enforcement personnel to enable such personnel to
seek further education; and
(B) providing—
(i) full-time employment in summer;
or
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(ii) part-time (not to exceed 20 hours
per week) employment for a period not to
exceed 1 year.
(2) EMPLOYMENT.—The employment described
in paragraph (1)(B)—
(A) shall be provided by State and local law
enforcement agencies for students who are juniors
or seniors in high school or are enrolled in an
institution of higher education and who dem-
onstrate an interest in undertaking a career in
law enforcement;
(B) shall not be in a law enforcement posi-
tion; and
(C) shall consist of performing meaningful
tasks that inform students of the nature of the
tasks performed by law enforcement agencies.
(b) PAYMENTS; FEDERAL
SHARE; NON-FEDERAL
SHARE.—
(1) PAYMENTS.—The Secretary shall pay to each
State that receives an allotment under section 1143
the Federal share of the cost of the activities described
in the application submitted pursuant to section
1147.
(2) FEDERAL SHARE.—The Federal share shall
not exceed 60 percent.
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(3) NON-FEDERAL
SHARE.—The non-Federal
share of the cost of scholarships and student employ-
ment provided under this chapter shall be supplied
from sources other than the Federal Government.
(c) RESPONSIBILITIES OF DIRECTOR.—The Director
shall be responsible for the administration of the programs
conducted pursuant to this title and shall, in consultation
with the Assistant Secretary for Postsecondary Education,
issue rules to implement this title.
(d) ADMINISTRATIVE EXPENSES.—A State that re-
ceives an allotment under section 1143 may reserve not
more than 8 percent of the allotment for administrative ex-
penses.
(e) SPECIAL RULE.—A State that receives an allot-
ment under section 1143 shall ensure that each scholarship
recipient under this title be compensated at the same rate
of pay and benefits and enjoy the same rights under appli-
cable agreements with labor organizations and under State
and local law as other law enforcement personnel of the
same rank and tenure in the office of which the scholarship
recipient is a member.
(f) SUPPLEMENTATION OF FUNDING.—Funds received
under this chapter shall only be used to supplement, and
not to supplant, Federal, State, or local efforts for recruit-
ment and education of law enforcement personnel.
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SEC. 1145. SCHOLARSHIPS.
(a) PERIOD OF AWARD.—Scholarships awarded under
this chapter shall be for a period of 1 academic year.
(b) USE OF SCHOLARSHIPS.—Each individual award-
ed a scholarship under this chapter may use the scholarship
for educational expenses at an institution of higher edu-
cation.
SEC. 1146. ELIGIBILITY.
(a) SCHOLARSHIPS.—A person shall be eligible to re-
ceive a scholarship under this chapter if the person has been
employed in law enforcement for the 2-year period imme-
diately preceding the date on which assistance is sought.
(b) INELIGIBILITY FOR STUDENT EMPLOYMENT.—A
person who has been employed as a law enforcement officer
is ineligible to participate in a student employment pro-
gram carried out under this chapter.
SEC. 1147. STATE APPLICATION.
(a) IN GENERAL.—Each State desiring an allotment
under section 1143 shall submit an application to the Di-
rector at such time, in such manner, and accompanied by
such information as the Director may reasonably require.
(b) CONTENTS.—An application under subsection (a)
shall—
(1) describe the scholarship program and the stu-
dent employment program for which assistance under
this title is sought;
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(2) contain assurances that the lead agency will
work in cooperation with the local law enforcement li-
aisons, representatives of police labor organizations
and police management organizations, and other ap-
propriate State and local agencies to develop and im-
plement interagency agreements designed to carry out
this chapter;
(3) contain assurances that the State will adver-
tise the scholarship assistance and student employ-
ment it will provide under this chapter and that the
State will use such programs to enhance recruitment
efforts;
(4) contain assurances that the State will screen
and select law enforcement personnel for participation
in the scholarship program under this chapter;
(5) contain assurances that under such student
employment program the State will screen and select,
for participation in such program, students who have
an interest in undertaking a career in law
enforcement;
(6) contain assurances that under such scholar-
ship program the State will make scholarship pay-
ments to institutions of higher education on behalf of
persons who receive scholarships under this chapter;
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(7) with respect to such student employment pro-
gram, identify—
(A) the employment tasks that students will
be assigned to perform;
(B) the compensation that students will be
paid to perform such tasks; and
(C) the training that students will receive
as part of their participation in the program;
(8) identify model curriculum and existing pro-
grams designed to meet the educational and profes-
sional needs of law enforcement personnel; and
(9) contain assurances that the State will pro-
mote cooperative agreements with educational and
law enforcement agencies to enhance law enforcement
personnel recruitment efforts in institutions of higher
education.
SEC. 1148. LOCAL APPLICATION.
(a) IN GENERAL.—A person who desires a scholarship
or employment under this chapter shall submit an applica-
tion to the State at such time, in such manner, and accom-
panied by such information as the State may reasonably
require.
(b) CONTENTS.—An application under subsection (a)
shall describe—
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(1) the academic courses for which a scholarship
is sought; or
(2) the location and duration of employment
that is sought.
(c) PRIORITY.—In awarding scholarships and provid-
ing student employment under this chapter, each State shall
give priority to applications from persons who are—
(1) members of racial, ethnic, or gender groups
whose representation in the law enforcement agencies
within the State is substantially less than in the pop-
ulation eligible for employment in law enforcement in
the State;
(2) pursuing an undergraduate degree; and
(3) not receiving financial assistance under the
Higher Education Act of 1965.
SEC. 1149. SCHOLARSHIP AGREEMENT.
(a) IN GENERAL.—A person who receives a scholarship
under this chapter shall enter into an agreement with the
Director.
(b) CONTENTS.—An agreement described in subsection
(a) shall—
(1) provide assurances that the scholarship recip-
ient will work in a law enforcement position in the
State that awarded the scholarship in accordance
with the service obligation described in subsection (c)
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after completion of the scholarship recipient’s aca-
demic courses leading to an associate, bachelor, or
graduate degree;
(2) provide assurances that the scholarship recip-
ient will repay the entire scholarship in accordance
with such terms and conditions as the Director shall
prescribe if the requirements of the agreement are not
complied with, unless the scholarship recipient—
(A) dies;
(B) becomes physically or emotionally dis-
abled, as established by the sworn affidavit of a
qualified physician; or
(C) has been discharged in bankruptcy; and
(3) set forth the terms and conditions under
which the scholarship recipient may seek employment
in the field of law enforcement in a State other than
the State that awarded the scholarship.
(c) SERVICE OBLIGATION.—
(1) IN GENERAL.— Except as provided in para-
graph (2), a person who receives a scholarship under
this title shall work in a law enforcement position in
the State that awarded the scholarship for a period
of 1 month for each credit hour for which funds are
received under the scholarship.
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(2) SPECIAL RULE.—For purposes of satisfying
the requirement of paragraph (1), a scholarship recip-
ient shall work in a law enforcement position in the
State that awarded the scholarship for not less than
6 months but shall not be required to work in such
a position for more than 2 years.
SEC. 1150. AUTHORIZATION OF APPROPRIATIONS.
(a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—
There are authorized to be appropriated to carry out this
chapter $30,000,000 for each of fiscal years 1995, 1996,
1997, 1998, and 1999.
(b) USES
OF FUNDS.—Of the funds appropriated
under subsection (a) for a fiscal year—
(1) 80 percent shall be available to provide schol-
arships described in section 1144(a)(1)(A); and
(2) 20 percent shall be available to provide em-
ployment described in sections 1144(a)(1)(B) and
1144(a)(2).
TITLE XII—DRUG COURT
PROGRAMS
SEC. 1201. COORDINATED ADMINISTRATION OF PROGRAMS.
(a) APPLICATION.—The Attorney General may estab-
lish a unified or coordinated process for applying for grants
under parts T, U, and V of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as added by this title.
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In addition to any other requirements that may be specified
by the Attorney General, an application for a grant under
any provision of this title shall—
(1) include a long-term strategy and detailed im-
plementation plan;
(2) explain the applicant’s inability to fund the
program adequately without Federal assistance;
(3) certify that the Federal support provided will
be used to supplement, and not supplant, State and
local sources of funding that would otherwise be avail-
able;
(4) identify related governmental and commu-
nity initiatives which complement or will be coordi-
nated with the proposal;
(5) certify that there has been appropriate co-
ordination with all affected agencies;
(6) specify plans for obtaining necessary support
and continuing the proposed program following the
conclusion of Federal support; and
(7) certify that no violent offenders will be eligi-
ble or allowed to participate in the program author-
ized under part U.
(b) REGULATORY AUTHORITY.—
(1) IN GENERAL.—The Attorney General shall
issue regulations and guidelines to carry out the pro-
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grams authorized by this title, including specifica-
tions concerning application requirements, selection
criteria, duration and renewal of grants, evaluation
requirements, matching funds, limitation of adminis-
trative expenses, submission of reports by grantees,
recordkeeping by grantees, and access to books,
records, and documents maintained by grantees or
other persons for purposes of audit or examination.
(2) PROHIBITION OF PARTICIPATION BY VIOLENT
OFFENDERS.—The Attorney General shall—
(A) issue regulations and guidelines to en-
sure that the programs authorized under part U
of this title do not permit participation by vio-
lent offenders; and
(B) immediately suspend funding for any
grant under this title if the Attorney General
finds that violent offenders are participating in
any program funded under part U.
(c) TECHNICAL ASSISTANCE AND EVALUATION.—The
Attorney General may provide technical assistance to
grantees under the programs authorized by this title. The
Attorney General may carry out, or arrange by grant or
contract or otherwise for the carrying out of, evaluations
or programs receiving assistance under the programs au-
thorized by this title, in addition to any evaluations that
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grantees may be required to carry out pursuant to sub-
section (b).
(d) USE
OF COMPONENTS.—The Attorney General
may utilize any component or components of the Depart-
ment of Justice in carrying out this section or other provi-
sions of this title, or in coordinating activities under the
programs authorized by this title.
(e) GAO STUDY.—
(1) IN GENERAL.—The Comptroller General of
the United States shall study and assess the effective-
ness and impact of grants authorized by this title and
report to Congress the results of the study on or before
January 1, 1997.
(2) DOCUMENTS AND INFORMATION.—The Attor-
ney General and grant recipients shall provide the
Comptroller General with all relevant documents and
information that the Comptroller General deems nec-
essary to conduct the study under paragraph (1), in-
cluding the identities and criminal records of pro-
gram participants.
(3) CRITERIA.—In assessing the effectiveness of
the grants made under programs authorized by this
title, the Comptroller General shall consider, among
other things—
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(A) recidivism rates of program partici-
pants;
(B) completion rates among program par-
ticipants;
(C) drug use by program participants; and
(D) the costs of the program to the criminal
justice system.
(f) DEFINITION.—In this title, ‘‘violent offender’’
means a person charged with or convicted of an offense (or
charged with or adjudicated as a delinquent by reason of
conduct that, if engaged in by an adult would constitute
an offense), during the course of which offense or conduct—
(1) the person carried, possessed, or used a fire-
arm or dangerous weapon;
(2) there occurred the death of or serious bodily
injury to any person; or
(3) there occurred the use of force against the
person of another
without regard to whether any of the circumstances de-
scribed in paragraph (1), (2), or (3) is an element of the
offense or conduct of which or for which the person is
charged, convicted, or adjudicated as a delinquent.
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SEC. 1202. DRUG TESTING UPON ARREST.
(a) IN GENERAL.—Title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),
as amended by section 1101(a), is amended—
(1) by redesignating part T as part U;
(2) by redesignating section 2001 as section
2101; and
(3) by inserting after part S the following new
part:
‘‘PART T—DRUG TESTING UPON ARREST
‘‘SEC. 2001. GRANT AUTHORIZATION.
‘‘The Director of the Bureau of Justice Assistance may
make grants under this part to States, for the use by States
and units of local government in the States, for the purpose
of developing, implementing, or continuing a drug testing
project when individuals are arrested, during the pretrial
period or during participation in any pre- or post-convic-
tion diversion program.
‘‘SEC. 2002. STATE APPLICATIONS.
‘‘(a) GENERAL REQUIREMENTS.—To request a grant
under this part the chief executive of a State shall submit
an application to the Director in such form and containing
such information as the Director may reasonably require.
‘‘(b) MANDATORY ASSURANCES.—To be eligible to re-
ceive funds under this part, a State shall agree to develop
or maintain programs of urinalysis or similar drug testing
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of individuals upon arrest during the pretrial period, or
during participation in any pre- or post-conviction diver-
sion program.
‘‘(c) CENTRAL OFFICE.—The office designated under
section 507—
‘‘(1) shall prepare the application as required
under subsection (a); and
‘‘(2) shall administer grant funds received under
this part, including, review of spending, processing,
progress, financial reporting, technical assistance,
grant adjustments, accounting, auditing, and fund
disbursement.
‘‘SEC. 2003. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—(1) To request funds under this
part from a State, the chief executive of a unit of local gov-
ernment shall submit an application to the office designated
under section 2002(c).
‘‘(2) An application under paragraph (1) shall be con-
sidered approved, in whole or in part, by the State not later
than 90 days after such application is first received unless
the State informs the applicant in writing of specific rea-
sons for disapproval.
‘‘(3) The State shall not disapprove any application
submitted to the State without first affording the applicant
reasonable notice and an opportunity for reconsideration.
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‘‘(4) If such application is approved, the unit of local
government is eligible to receive such funds.
‘‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERN-
MENT.—A State that receives funds under section 2001 in
a fiscal year shall make such funds available to units of
local government with an application that has been submit-
ted and approved by the State within 90 days after the Bu-
reau has approved the application submitted by the State
and has made funds available to the State. The Director
shall have the authority to waive the 90-day requirement
in this section upon a finding that the State is unable to
satisfy such requirement under State statutes.
‘‘SEC. 2004. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) STATE DISTRIBUTION.—Of the total amount ap-
propriated under this part in any fiscal year—
‘‘(1) 0.4 percent shall be allocated to each of the
participating States; and
‘‘(2) of the total funds remaining after the allo-
cation under paragraph (1), there shall be allocated
to each of the participating States an amount which
bears the same ratio to the amount of remaining
funds described in this paragraph as the number of
individuals arrested in such State bears to the num-
ber of individuals arrested in all the participating
States.
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‘‘(b) LOCAL DISTRIBUTION.—(1) A State that receives
funds under this part in a fiscal year shall distribute to
units of local government in such State the portion of such
funds that bears the same ratio to the aggregate amount
of such funds as the amount of funds expended by all units
of local government for criminal justice in the preceding
fiscal year bears to the aggregate amount of funds expended
by the State and all units of local government in the State
for criminal justice in the preceding fiscal year.
‘‘(2) Any funds not distributed to units of local govern-
ment under paragraph (1) shall be available for expenditure
by such State for purposes specified in such State’s applica-
tion.
‘‘(3) If the Director determines, on the basis of infor-
mation available during any fiscal year, that a portion of
the funds allocated to a State for such fiscal year will not
be used by such State or that a State is not eligible to re-
ceive funds under section 2001, the Director shall award
such funds to units of local government in such State giving
priority to the units of local government that the Director
considers to have the greatest need.
‘‘(c) FEDERAL SHARE.—The Federal share of a grant
made under this part may not exceed 75 percent of the total
costs of the projects described in the application submitted
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under section 2002 for the fiscal year for which the projects
receive assistance under this part.
‘‘(d) GEOGRAPHIC DISTRIBUTION.—The Director shall
attempt, to the extent practicable, to achieve an equitable
geographic distribution of grant awards.
‘‘SEC. 2005. REPORT.
‘‘A State or unit of local government that receives
funds under this part shall submit to the Director a report
in March of each fiscal year that funds are received under
this part regarding the effectiveness of the drug testing
project.’’.
(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
1101(b), is amended by striking the matter relating to part
T and inserting the following:
‘‘PART T—DRUG TESTING UPON ARREST
‘‘Sec. 2001. Grant authorization.
‘‘Sec. 2002. State applications.
‘‘Sec. 2003. Local applications.
‘‘Sec. 2004. Allocation and distribution of funds.
‘‘Sec. 2005. Report.
‘‘PART U—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 2101. Continuation of rules, authorities, and proceedings.’’.
(c) AUTHORIZATION
OF APPROPRIATIONS.—Section
1001(a) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793), as amended by section 1101(c),
is amended—
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(1) in paragraph (3) by striking ‘‘and S’’ and
inserting ‘‘S, and T’’; and
(2) by adding at the end the following new para-
graph:
‘‘(14) There are authorized to be appropriated to carry
out the projects under part T $100,000,000 for each of fiscal
years 1995, 1996, and 1997.’’.
SEC. 1203. CERTAINTY OF PUNISHMENT FOR YOUNG OF-
FENDERS.
(a) IN GENERAL.—Title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),
as amended by section 1202(a), is amended—
(1) by redesignating part U as part V;
(2) by redesignating section 2101 as section
2201; and
(3) by inserting after part T the following new
part:
‘‘PART U—ALTERNATIVE PUNISHMENTS FOR
YOUNG NONVIOLENT OFFENDERS
‘‘SEC. 2101. GRANT AUTHORIZATION.
‘‘(a) IN GENERAL.—The Director of the Bureau of Jus-
tice Assistance (referred to in this part as the ‘Director’)
may make grants under this part to States, for the use by
States and units of local government in the States, for the
purpose of developing alternative methods of punishment for
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young nonviolent offenders to traditional forms of incarcer-
ation and probation.
‘‘(b) ALTERNATIVE METHODS.—The alternative meth-
ods of punishment referred to in subsection (a) should en-
sure certainty of punishment for young nonviolent offenders
and promote reduced recidivism, crime prevention, and as-
sistance to victims, particularly for young nonviolent of-
fenders who can be punished more effectively in an environ-
ment other than a traditional correctional facility, includ-
ing—
‘‘(1) alternative sanctions that create account-
ability and certainty of punishment for young non-
violent offenders;
‘‘(2) boot camp prison programs that provide as-
surances that appropriate aftercare services (such as
educational and job training programs, drug counsel-
ing or treatment, parole or other post-release super-
vision programs, halfway house programs, job place-
ment programs, and participation in self-help and
peer group programs) will be made available;
‘‘(3) technical training and support for the im-
plementation and maintenance of State and local res-
titution programs for young non-violent offenders;
‘‘(4) innovative projects;
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‘‘(5) correctional options, such as community-
based incarceration, weekend incarceration, and elec-
tric monitoring of offenders;
‘‘(6) community service programs that provide
work service placement for young non-violent offend-
ers at nonprofit, private organizations and commu-
nity organizations;
‘‘(7) demonstration restitution projects that are
evaluated for effectiveness; and
‘‘(8) innovative methods that address the prob-
lems of young non-violent offenders convicted of seri-
ous substance abuse, including alcohol abuse, and
gang-related offenses, including technical assistance
and training to counsel and treat such offenders.
‘‘SEC. 2102. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—To request a grant under this
part, the chief executive of a State shall submit an applica-
tion to the Director in such form and containing such infor-
mation as the Director may reasonably require.
‘‘(b) ASSURANCES.—An application under subsection
(a) shall include assurances that Federal funds received
under this part shall be used to supplement, not supplant,
non-Federal funds that would otherwise be available for ac-
tivities funded under this part.
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‘‘(c) STATE OFFICE.—The office designated under sec-
tion 507 shall—
‘‘(1) prepare the application as required under
subsection (a); and
‘‘(2) administer grant funds received under this
part, including review of spending, processing,
progress, financial reporting, technical assistance,
grant adjustments, accounting, auditing, and fund
disbursement.
‘‘SEC. 2103. REVIEW OF STATE APPLICATIONS.
‘‘(a) IN GENERAL.—The Director shall make a grant
under section 2101(a) to carry out the projects described
in the application submitted by an applicant under section
2102 upon determining that—
‘‘(1) the application is consistent with the re-
quirements of this part; and
‘‘(2) before the approval of the application, the
Director has made an affirmative finding in writing
that the proposed project has been reviewed in accord-
ance with this part.
‘‘(b) APPROVAL.—An application submitted under sec-
tion 2102 shall be considered approved, in whole or in part,
by the Director not later than 45 days after it is first re-
ceived unless the Director informs the applicant of specific
reasons for disapproval.
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‘‘(c) RESTRICTION.—Grant funds received under this
part shall not be used for land acquisition or construction
projects other than alternative facilities described in section
2101(b) for young non-violent offenders.
‘‘(d) DISAPPROVAL NOTICE AND RECONSIDERATION.—
The Director shall not disapprove any application without
first affording the applicant reasonable notice and an op-
portunity for reconsideration.
‘‘SEC. 2104. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—To request funds under this part
from a State, the chief executive of a unit of local govern-
ment shall submit an application to the office designated
under section 507.
‘‘(b) APPROVAL.—An application under paragraph (1)
shall be considered approved, in whole or in part, by the
State not later than 90 days after the application is first
received unless the State informs the applicant in writing
of specific reasons for disapproval.
‘‘(c) DISAPPROVAL.—The State shall not disapprove
any application submitted to the State without first afford-
ing the applicant reasonable notice and an opportunity for
reconsideration.
‘‘(d) EFFECT OF APPROVAL.—If an application under
paragraph (1) is approved, the unit of local government is
eligible to receive the requested funds.
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‘‘(e) DISTRIBUTION
TO UNITS
OF LOCAL GOVERN-
MENT.—
‘‘(1) IN GENERAL.—A State that receives funds
under section 2101 in a fiscal year shall make such
funds available to units of local government with an
application that has been submitted and approved by
the State within 90 days after the Director has ap-
proved the application submitted by the State and
has made funds available to the State.
‘‘(2) WAIVER.—The Director may waive the 90-
day requirement of paragraph (1) upon a finding
that the State is unable to satisfy the requirement
under State statutes.
‘‘SEC. 2105. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) STATE DISTRIBUTION.—Of the total amount ap-
propriated under this part in any fiscal year—
‘‘(1) 0.4 percent shall be allocated to each of the
participating States; and
‘‘(2) of the total funds remaining after the allo-
cation under paragraph (1), there shall be allocated
to each of the participating States an amount that
bears the same ratio to the amount of remaining
funds described in this paragraph as the number of
young non-violent offenders of the State bears to the
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number of young non-violent offenders in all the par-
ticipating States.
‘‘(b) LOCAL DISTRIBUTION.—
‘‘(1) IN GENERAL.—A State that receives funds
under this part in a fiscal year shall distribute to
units of local government in the State for the pur-
poses specified in section 2101 the portion of such
funds that bears the same ratio to the aggregate
amount of such funds as the amount of funds ex-
pended by all units of local government for criminal
justice in the preceding fiscal year bears to the aggre-
gate amount of funds expended by the State and all
units of local government in the State for criminal
justice in such preceding fiscal year.
‘‘(2) UNDISTRIBUTED
FUNDS.—Any funds not
distributed to units of local government under para-
graph (1) shall be available for expenditure by the
State for purposes specified in section 2101.
‘‘(3) AWARD OF FUNDS BY THE DIRECTOR.—If
the Director determines, on the basis of information
available during any fiscal year, that a portion of the
funds allocated to a State for a fiscal year will not
be used by the State or that a State is not eligible to
receive funds under section 2101, the Director shall
award such funds to units of local government in the
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State, giving priority to the units of local government
that the Director considers to have the greatest need.
‘‘(c) FEDERAL SHARE.—The Federal share of a grant
made under this part may not exceed 75 percent of the total
costs of the projects described in the application submitted
under section 2102(a) for the fiscal year for which the
projects receive assistance under this part.
‘‘(d) GEOGRAPHIC DISTRIBUTION.—The Director shall
attempt, to the extent practicable, to achieve an equitable
geographic distribution of grant awards.
‘‘SEC. 2106. EVALUATION.
‘‘(a) SUBMISSION.—
‘‘(1) IN GENERAL.—Each State and local unit of
government that receives a grant under this part shall
submit to the Director an evaluation not later than
March 1 of each year in accordance with guidelines
issued by the Director and in consultation with the
National Institute of Justice.
‘‘(2) WAIVER.—The Director may waive the re-
quirement specified in paragraph (1) if the Director
determines that an evaluation is not warranted in the
case of a particular State or unit of local government.
‘‘(b) DISTRIBUTION.—The Director shall make avail-
able to the public on a timely basis evaluations received
under subsection (a).
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‘‘(c) ADMINISTRATIVE COSTS.—A State and local unit
of government may use not more than 5 percent of funds
it receives under this part to develop an evaluation program
under this section.’’.
(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
1202(b), is amended by striking the matter relating to part
U and inserting the following:
‘‘PART U—ALTERNATIVE PUNISHMENTS FOR YOUNG NON-VIOLENT OFFENDERS
‘‘Sec. 2101. Grant authorization.
‘‘Sec. 2102. State applications.
‘‘Sec. 2103. Review of State applications.
‘‘Sec. 2104. Local applications.
‘‘Sec. 2105. Allocation and distribution of funds.
‘‘Sec. 2106. Evaluation.
‘‘PART V—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 2201. Continuation of rules, authorities, and proceedings.’’.
(c) DEFINITION.—Section 901(a) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3791(a)) is amended by adding at the end the following
new paragraph:
‘‘(24) ‘young non-violent offender’ means a non-
violent first-time offender or non-violent offender with
a minor criminal record who is 25 years of age or
younger.’’.
(d) AUTHORIZATION
OF APPROPRIATIONS.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
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Streets Act of 1968 (42 U.S.C. 3793), as amended by section
1202(c), is amended—
(1) in paragraph (3) by striking ‘‘and T’’ and
inserting ‘‘T, and U’’; and
(2) by adding at the end the following new para-
graph:
‘‘(15) There are authorized to be appropriated to carry
out the projects under part U $200,000,000 for each of fiscal
years 1995, 1996, and 1997.’’.
SEC. 1204. RESIDENTIAL SUBSTANCE ABUSE TREATMENT
FOR PRISONERS.
(a) IN GENERAL.—Title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),
as amended by section 1203(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:
‘‘PART V—RESIDENTIAL SUBSTANCE ABUSE
TREATMENT FOR PRISONERS
‘‘SEC. 2201. GRANT AUTHORIZATION.
‘‘The Director of the Bureau of Justice Assistance (re-
ferred to in this part as the ‘Director’) may make grants
under this part to States, for the use by States for the pur-
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pose of developing and implementing residential substance
abuse treatment programs within State correctional facili-
ties, including residential substance abuse treatment pro-
grams for offenders who violate the terms of any post-con-
viction diversion program and who are committed to State
correctional facilities.
‘‘SEC. 2202. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—(1) To request a grant under this
part the chief executive of a State shall submit an applica-
tion to the Director in such form and containing such infor-
mation as the Director may reasonably require.
‘‘(2) Such application shall include assurances that
Federal funds received under this part shall be used to sup-
plement, not supplant, non-Federal funds that would other-
wise be available for activities funded under this part.
‘‘(3) Such application shall coordinate the design and
implementation of treatment programs between State cor-
rectional representatives and the State alcohol and drug
abuse agency.
‘‘(b) DRUG TESTING REQUIREMENT.—To be eligible to
receive funds under this part, a State must agree to imple-
ment or continue to require urinalysis or similar testing
of individuals in correctional residential substance abuse
treatment programs. Such testing shall include individuals
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released from residential substance abuse treatment pro-
grams who remain in the custody of the State.
‘‘(c) ELIGIBILITY
FOR PREFERENCE WITH AFTER
CARE COMPONENT.—
‘‘(1) To be eligible for a preference under this
part, a State must ensure that individuals who par-
ticipate in the drug treatment program established or
implemented with assistance provided under this part
will be provided with aftercare services.
‘‘(2) State aftercare services must involve the co-
ordination of the prison treatment program with
other human service and rehabilitation programs,
such as educational and job training programs, pa-
role supervision programs, half-way house programs,
and participation in self-help and peer group pro-
grams, that may aid in the rehabilitation of individ-
uals in the drug treatment program.
‘‘(3) To qualify as an aftercare program, the
head of the drug treatment program, in conjunction
with State and local authorities and organizations
involved in drug treatment, shall assist in placement
of drug treatment program participants with appro-
priate community drug treatment facilities when such
individuals leave prison at the end of a sentence or
on parole.
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‘‘(d) STATE OFFICE.—The office designated under sec-
tion 507—
‘‘(1) shall prepare the application as required
under this section; and
‘‘(2) shall administer grant funds received under
this part, including, review of spending, processing,
progress, financial reporting, technical assistance,
grant adjustments, accounting, auditing, and fund
disbursement.
‘‘SEC. 2203. REVIEW OF STATE APPLICATIONS.
‘‘(a) IN GENERAL.—The Bureau shall make a grant
under section 2201 to carry out the projects described in
the application submitted under section 2202 upon deter-
mining that—
‘‘(1) the application is consistent with the re-
quirements of this part; and
‘‘(2) before the approval of the application the
Bureau has made an affirmative finding in writing
that the proposed project has been reviewed in accord-
ance with this part.
‘‘(b) APPROVAL.—Each application submitted under
section 2202 shall be considered approved, in whole or in
part, by the Bureau not later than 90 days after first re-
ceived unless the Bureau informs the applicant of specific
reasons for disapproval.
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‘‘(c) RESTRICTION.—Grant funds received under this
part shall not be used for land acquisition or construction
projects.
‘‘(d) DISAPPROVAL NOTICE AND RECONSIDERATION.—
The Bureau shall not disapprove any application without
first affording the applicant reasonable notice and an op-
portunity for reconsideration.
‘‘SEC. 2204. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) ALLOCATION.—Of the total amount appropriated
under this part in any fiscal year—
‘‘(1) 0.4 percent shall be allocated to each of the
participating States; and
‘‘(2) of the total funds remaining after the allo-
cation under paragraph (1), there shall be allocated
to each of the participating States an amount that
bears the same ratio to the amount of remaining
funds described in this paragraph as the State prison
population of the State bears to the total prison popu-
lation of all of the participating States.
‘‘(b) FEDERAL SHARE.—The Federal share of a grant
made under this part may not exceed 75 percent of the total
costs of the projects described in the application submitted
under section 2202 for the fiscal year for which the projects
receive assistance under this part.
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‘‘SEC. 2205. EVALUATION.
‘‘Each State that receives a grant under this part shall
submit to the Director an evaluation not later than March
1 of each year in such form and containing such informa-
tion as the Director may reasonably require.’’.
(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
1203(b), is amended by striking the matter relating to part
V and inserting the following:
‘‘PART V—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS
‘‘Sec. 2201. Grant authorization.
‘‘Sec. 2202. State applications.
‘‘Sec. 2203. Review of State applications.
‘‘Sec. 2204. Allocation and distribution of funds.
‘‘Sec. 2205. Evaluation.
‘‘PART W—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 2301. Continuation of rules, authorities, and proceedings.’’.
(c) DEFINITIONS.—Section 901(a) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3791(a)), as amended by section 2102(c), is amended by
adding at the end the following new paragraph:
‘‘(25) ‘residential substance abuse treatment pro-
gram’ means a course of individual and group activi-
ties, lasting between 6 and 12 months, in residential
treatment facilities set apart from the general prison
population—
‘‘(A) directed at the substance abuse prob-
lems of the prisoner; and
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‘‘(B) intended to develop the prisoner’s cog-
nitive, behavioral, social, vocational, and other
skills so as to solve the prisoner’s substance abuse
and related problems.’’.
(d) 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
1202(d), 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 para-
graph:
‘‘(16) There are authorized to be appropriated to carry
out projects under part V $100,000,000 for each of fiscal
years 1995, 1996, and 1997.’’.
TITLE XIII—PRISONS
Subtitle A—Federal Prisons
SEC. 1301. PRISONER’S PLACE OF IMPRISONMENT.
Paragraph (b) of section 3621 of title 18, United States
Code, is amended by inserting after subsection (5) the fol-
lowing: ‘‘In designating the place of imprisonment or mak-
ing transfers under this subsection, there shall be no favor-
itism given to prisoners of high social or economic status.’’.
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SEC. 1302. PRISON IMPACT ASSESSMENTS.
(a) IN GENERAL.—Chapter 303 of title 18, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 4047. Prison impact assessments
‘‘(a) Any submission of legislation by the Judicial or
Executive branch which could increase or decrease the num-
ber of persons incarcerated or in Federal penal institutions
shall be accompanied by a prison impact statement, as de-
fined in subsection (b) of this section.
‘‘(b) The Attorney General shall, in consultation with
the Sentencing Commission and the Administrative Office
of the United States Courts, prepare and furnish prison im-
pact assessments under subsection (c) of this section, and
in response to requests from Congress for information relat-
ing to a pending measure or matter that might affect the
number of defendants processed through the Federal crimi-
nal justice system. A prison impact assessment on pending
legislation must be supplied within 14 days of any request.
A prison impact assessment shall include—
‘‘(1) projections of the impact on prison, proba-
tion, and post prison supervision populations;
‘‘(2) an estimate of the fiscal impact of such pop-
ulation changes on Federal expenditures, including
those for construction and operation of correctional
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facilities for the current fiscal year and 5 succeeding
fiscal years;
‘‘(3) an analysis of any other significant factor
affecting the cost of the measure and its impact on the
operations of components of the criminal justice sys-
tem; and
‘‘(4) a statement of the methodologies and as-
sumptions utilized in preparing the assessment.
‘‘(c) The Attorney General shall prepare and transmit
to the Congress, by March 1 of each year, a prison impact
assessment reflecting the cumulative effect of all relevant
changes in the law taking effect during the preceding cal-
endar year.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis
for chapter 303 is amended by adding at the end the follow-
ing new item:
‘‘4047. Prison impact assessments.’’.
SEC. 1303. FEDERAL PRISONER DRUG TESTING.
(a) SHORT TITLE.—This title may be cited as the
‘‘Federal Prisoner Drug Testing Act of 1993’’.
(b) DRUG TESTING PROGRAM.—(1) Chapter 229 of
title 18, United States Code, is amended by adding at the
end the following new section:
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‘‘§ 3608. Drug testing of Federal offenders on post-con-
viction release
‘‘The Director of the Administrative Office of the Unit-
ed States Courts, in consultation with the Attorney General
and the Secretary of Health and Human Services, shall,
subject to the availability of appropriations, establish a pro-
gram of drug testing of Federal offenders on post-conviction
release. The program shall include such standards and
guidelines as the Director may determine necessary to en-
sure the reliability and accuracy of the drug testing pro-
grams. In each judicial district the chief probation officer
shall arrange for the drug testing of defendants on post-
conviction release pursuant to a conviction for a felony or
other offense described in section 3563(a)(4) of this title.
There are authorized to be appropriated for each fiscal year
such sums as are necessary to carry out this section.’’.
(2) The table of sections at the beginning of chapter
229 of title 18, United States Code, is amended by adding
at the end the following:
‘‘3608. Drug testing of Federal offenders on post-conviction release.’’.
(c) CONDITIONS OF PROBATION.—Section 3563(a) of
title 18, United States Code, is amended—
(1) in paragraph (2) by striking ‘‘and’’ after the
semicolon;
(2) in paragraph (3) by striking the period and
inserting ‘‘; and’’;
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(3) by adding at the end the following new para-
graph:
‘‘(4) for a felony, a misdemeanor, or an infrac-
tion, that the defendant refrain from any unlawful
use of a controlled substance and submit to one drug
test within 15 days of release on probation and at
least 2 periodic drug tests thereafter (as determined
by the court) for use of a controlled substance, but the
condition stated in this paragraph may be amelio-
rated or suspended by the court for any individual
defendant if the defendant’s presentence report or
other reliable sentencing information indicates a low
risk of future substance abuse by the defendant.’’; and
(4) by adding at the end the following: ‘‘The re-
sults of a drug test administered in accordance with
paragraph (4) shall be subject to confirmation only if
the results are positive, the defendant is subject to
possible imprisonment for such failure, and either the
defendant denies the accuracy of such test or there is
some other reason to question the results of the test.
A defendant who tests positive may be detained pend-
ing verification of a positive drug test result. A drug
test confirmation shall be a urine drug test confirmed
using gas chromatography/mass spectrometry tech-
niques or such test as the Director of the Administra-
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tive Office of the United States Courts after consulta-
tion with the Secretary of Health and Human Serv-
ices may determine to be of equivalent accuracy. Not-
withstanding the requirements of section 3565(b), the
court shall consider the availability of appropriate
substance abuse treatment programs when considering
any action against a defendant who fails a drug test
administered in accordance with paragraph (4).’’.
(d) CONDITIONS ON SUPERVISED RELEASE.—Section
3583(d) of title 18, United States Code, is amended by in-
serting after the first sentence the following: ‘‘The court
shall also order, as an explicit condition of supervised re-
lease, that the defendant refrain from any unlawful use of
a controlled substance and submit to a drug test within 15
days of release on supervised release and at least 2 periodic
drug tests thereafter (as determined by the court) for use
of a controlled substance. The condition stated in the pre-
ceding sentence may be ameliorated or suspended by the
court as provided in section 3563(a)(4). The results of a
drug test administered in accordance with the preceding
subsection shall be subject to confirmation only if the results
are positive, the defendant is subject to possible imprison-
ment for such failure, and either the defendant denies the
accuracy of such test or there is some other reason to ques-
tion the results of the test. A drug test confirmation shall
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be a urine drug test confirmed using gas chromatography/
mass spectrometry techniques or such test as the Director
of the Administrative Office of the United States Courts
after consultation with the Secretary of Health and Human
Services may determine to be of equivalent accuracy. Not-
withstanding the requirements of section 3583(g), the court
shall consider the availability of appropriate substance
abuse treatment programs when considering any action
against a defendant who fails a drug test.’’.
(e) CONDITIONS OF PAROLE.—Section 4209(a) of title
18, United States Code, is amended by inserting after the
first sentence the following: ‘‘In every case, the Commission
shall also impose as a condition of parole that the parolee
pass a drug test prior to release and refrain from any un-
lawful use of a controlled substance and submit to at least
2 periodic drug tests (as determined by the Commission)
for use of a controlled substance. The condition stated in
the preceding sentence may be ameliorated or suspended by
the Commission for any individual parolee if it determines
that there is good cause for doing so. The results of a drug
test administered in accordance with the provisions of the
preceding sentence shall be subject to confirmation only if
the results are positive, the defendant is subject to possible
imprisonment for such failure, and either the defendant de-
nies the accuracy of such test or there is some other reason
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to question the results of the test. A drug test confirmation
shall be a urine drug test confirmed using gas chroma-
tography/mass spectrometry techniques or such test as the
Director of the Administrative Office of the United States
Courts after consultation with the Secretary of Health and
Human Services may determine to be of equivalent accu-
racy. Notwithstanding the requirements of section 4214(f),
the Commission shall consider the availability of appro-
priate substance abuse treatment programs when consider-
ing any action against a defendant who fails a drug test.’’.
SEC. 1304. DRUG TREATMENT IN FEDERAL PRISONS.
(a) SHORT TITLE.—This section may be cited as the
‘‘Drug Treatment in Federal Prisons Act of 1993’’.
(b) DEFINITIONS.—As used in this section—
(1) the term ‘‘residential substance abuse treat-
ment ’’ means a course of individual and group ac-
tivities, lasting between 6 and 12 months, in residen-
tial treatment facilities set apart from the general
prison population—
(A) directed at the substance abuse problems
of the prisoner; and
(B) intended to develop the prisoner’s cog-
nitive, behavioral, social, vocational, and other
skills so as to solve the prisoner’s substance abuse
and related problems; and
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(2) the term ‘‘eligible prisoner’’ means a prisoner
who is—
(A) determined by the Bureau of Prisons to
have a substance abuse problem; and
(B) willing to participate in a residential
substance abuse treatment program.
(c) IMPLEMENTATION OF SUBSTANCE ABUSE TREAT-
MENT REQUIREMENT.—
(1) In order to carry out the requirement of the
last sentence of section 3621(b) of title 18, United
States Code, that every prisoner with a substance
abuse problem have the opportunity to participate in
appropriate substance abuse treatment, the Bureau of
Prisons shall, subject to the availability of appropria-
tions, provide residential substance abuse treatment—
(A) for not less than 50 percent of eligible
prisoners by the end of fiscal year 1995;
(B) for not less than 75 percent of eligible
prisoners by the end of fiscal year 1996; and
(C) for all eligible prisoners by the end of
fiscal year 1997 and thereafter.
(2) Section 3621 of title 18, United States Code,
is amended by adding at the end the following:
‘‘(d) INCENTIVE FOR PRISONERS’ SUCCESSFUL COM-
PLETION OF TREATMENT PROGRAM.—
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‘‘(1) GENERALLY.—Any prisoner who, in the
judgment of the Director of the Bureau of Prisons, has
successfully completed a program of residential sub-
stance abuse treatment provided under subsection (b)
of this section, shall remain in the custody of the Bu-
reau for such time (as limited by paragraph (2) of
this subsection) and under such conditions, as the Bu-
reau deems appropriate. If the conditions of confine-
ment are different from those the prisoner would have
experienced absent the successful completion of the
treatment, the Bureau shall periodically test the pris-
oner for drug abuse and discontinue such conditions
on determining that drug abuse has recurred.
‘‘(2) PERIOD OF CUSTODY.—The period a pris-
oner convicted of a nonviolent offense remains in cus-
tody after successfully completing a treatment pro-
gram shall not exceed the prison term the law would
otherwise require such prisoner to serve, but may not
be less than such term minus one year.’’.
(d) REPORT.—The Bureau of Prisons shall transmit
to the Congress on January 1, 1993, and on January 1
of each year thereafter, a report. Such report shall con-
tain—
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(1) a detailed quantitative and qualitative de-
scription of each substance abuse treatment program,
residential or not, operated by the Bureau;
(2) a full explanation of how eligibility for such
programs is determined, with complete information
on what proportion of prisoners with substance abuse
problems are eligible; and
(3) a complete statement of to what extent the
Bureau has achieved compliance with the require-
ments of this title.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated for fiscal year 1995 and each
fiscal year thereafter such sums as may be necessary to
carry out this title.
SEC. 1305. SENTENCES TO ACCOUNT FOR COSTS TO THE
GOVERNMENT OF IMPRISONMENT, RELEASE,
AND PROBATION.
(a) IMPOSITION OF SENTENCE.—Section 3572(a) of
title 18, United States Code, is amended—
(1) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(2) by inserting after paragraph (5) the follow-
ing new paragraph:
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‘‘(6) the expected costs to the government of any
imprisonment, supervised release, or probation com-
ponent of the sentence;’’.
(b) DUTIES OF THE SENTENCING COMMISSION.—Sec-
tion 994 of title 28, United States Code, is amended by add-
ing at the end the following new subsection:
‘‘(y) The Commission, in promulgating guidelines pur-
suant to subsection (a)(1), may include, as a component
of a fine, the expected costs to the Government of any im-
prisonment, supervised release, or probation sentence that
is ordered.’’.
Subtitle B—State Prisons
SEC. 1321. BOOT CAMPS AND PRISONS FOR VIOLENT DRUG
OFFENDERS.
(a) DEFINITION.—In this section, ‘‘boot camp prison
program’’ means a correctional program of not more than
6 months’ duration involving—
(1) assignment for participation in the program,
in conformity with State law, by prisoners other than
prisoners who have been convicted at any time of a
violent felony;
(2) adherence by inmates to a highly regimented
schedule that involves strict discipline, physical train-
ing, and work;
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(3) participation by inmates in appropriate edu-
cation, job training, and substance abuse counseling
or treatment; and
(4) aftercare services for inmates following re-
lease that are coordinated with the program carried
out during the period of imprisonment.
(b) ESTABLISHMENT OF GRANT AND TECHNICAL AS-
SISTANCE PROGRAM.—
(1) IN GENERAL.—The Attorney General may
make grants to States and to multi-State compact as-
sociations for the purposes of—
(A) developing, constructing, expanding, op-
erating, and improving boot camp prison pro-
grams, city or county detention facilities, or low-
to medium-security prisons;
(B) developing, constructing, and operating
prisons that house and provide treatment for vio-
lent offenders with serious substance abuse prob-
lems; and
(C) assisting in activating existing boot
camp or prison facilities that are unutilized or
underutilized because of lack of funding.
(2) 
TECHNICAL
ASSISTANCE.—The 
Attorney
General may provide technical assistance to grantees
under this section.
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(3) UTILIZATION OF PRIVATE SECTOR.—Nothing
herein shall prevent the utilization of any grant funds
to contract with the private sector to design, construct
or provide any services associated with any facilities
funded herein.
(4) UTILIZATION OF COMPONENTS.—The Attor-
ney General may utilize any component or compo-
nents of the Department of Justice in carrying out
this section.
(c) STATE
AND MULTI-STATE COMPACT APPLICA-
TIONS.—
(1) IN GENERAL.—To request a grant under this
section, the chief executive of a State or the coordina-
tor of a multi-State compact association shall submit
an application to the Attorney General in such form
and containing such information as the Attorney
General may prescribe by regulation or guidelines.
The chief executive of a State or the coordinator of a
multi-State compact association may designate pri-
vate sector participants for the design, construction or
provision of services associated with any facilities for
which funding is requested.
(2) CONTENT OF APPLICATION.—In accordance
with the regulations or guidelines established by the