353
‘‘SEC. 2003. AWARD OF GRANTS.
‘‘(a) TERM.—A grant provided under this section may
extend over a period of not more than 3 fiscal years.
‘‘(b) CONDITIONS ON PAYMENT.—Payments under a
grant under this section shall be subject to—
‘‘(1) annual approval by the Director; and
‘‘(2) availability of appropriations.
‘‘(c) GEOGRAPHICAL DISPERSION.—The Director shall
award grants under this section to organizations in com-
munities geographically dispersed throughout the country.
‘‘SEC. 2004. USES OF FUNDS.
‘‘(a) IN GENERAL.—A grant made under subsection
(a) shall be used to establish and operate a community
project to coordinate intervention and prevention of domes-
tic violence.
‘‘(b) REQUIREMENTS.—In establishing and operating
a project, a nonprofit private organization shall—
‘‘(1) establish protocols to improve and expand
domestic violence intervention and prevention strate-
gies among all affected sectors;
‘‘(2) develop action plans to direct responses
within each community sector that are in conjunction
with development in all other sectors; and
‘‘(3) provide for periodic evaluation of the
project with a written report and analysis to assist
application of this concept in other communities.’’.
354
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section
1001 of the Omnibus Crime Control and Safe Streets Act
of 1968 is amended by adding at the end the following:
‘‘(15) There are authorized to be appropriated to carry
out part T $20,000,000 for fiscal year 1994 and such
sums as are necessary for each of the fiscal years 1995,
1996, 
and 
1997, 
to 
remain 
available 
until
expended.’’.
(c) ADMINISTRATIVE PROVISIONS.—(1) Section 801(b)
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968, as amended by section 1623 of this Act, is
amended by striking ‘‘O, Q, R, and S’’ and inserting ‘‘O,
Q, R, S, and T’’.
(2) Section 802(b) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968, as amended by section
1623 of this Act, is amended by striking ‘‘O, Q, R, or S’’
and inserting ‘‘O, Q, R, S, or T’’.
(d) CONFORMING 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
1623 of this Act, is amended by striking the matter relating
to part T and inserting the following:
‘‘PART T—GRANTS FOR COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE
‘‘Sec. 2001. Grant authority.
‘‘Sec. 2002. Applications.
‘‘Sec. 2003. Award of grants.
‘‘Sec. 2004. Uses of funds.’’.
355
Subtitle E—Equal Justice for
Women in the Courts
SEC. 1661. GRANTS AUTHORIZED.
The State Justice Institute is authorized to award
grants for the purpose of developing, testing, presenting,
and disseminating model programs to be used by States in
training judges and court personnel in the laws of the
States on rape, sexual assault, domestic violence, and other
crimes of violence motivated by gender.
SEC. 1662. TRAINING PROVIDED BY GRANTS.
Training provided pursuant to grants made under this
subtitle may include current information, existing studies,
or current data on—
(1) the nature and incidence of rape and sexual
assault by strangers and nonstrangers, marital rape,
and incest;
(2) the underreporting of rape, sexual assault,
and child sexual abuse;
(3) the physical, psychological, and economic im-
pact of rape and sexual assault on the victim, the
costs to society, and the implications for sentencing;
(4) the psychology of sex offenders, their high
rate of recidivism, and the implications for sentenc-
ing;
356
(5) the historical evolution of laws and attitudes
on rape and sexual assault;
(6) sex stereotyping of female and male victims
of rape and sexual assault, racial stereotyping of rape
victims and defendants, and the impact of such
stereotypes on credibility of witnesses, sentencing, and
other aspects of the administration of justice;
(7) application of rape shield laws and other
limits on introduction of evidence that may subject
victims to improper sex stereotyping and harassment
in both rape and nonrape cases, including the need
for sua sponte judicial intervention in inappropriate
cross-examination;
(8) the use of expert witness testimony on rape
trauma syndrome, child sexual abuse accommodation
syndrome, post-traumatic stress syndrome, and simi-
lar issues;
(9) the legitimate reasons why victims of rape,
sexual assault, domestic violence, and incest may
refuse to testify against a defendant;
(10) the nature and incidence of domestic vio-
lence;
(11) the physical, psychological, and economic
impact of domestic violence on the victim, the costs to
357
society, and the implications for court procedures and
sentencing;
(12) the psychology and self-presentation of
batterers and victims and the negative implications
for court proceedings and credibility of witnesses;
(13) sex stereotyping of female and male victims
of domestic violence, myths about presence or absence
of domestic violence in certain racial, ethnic, reli-
gious, or socioeconomic groups, and their impact on
the administration of justice;
(14) historical evolution of laws and attitudes on
domestic violence;
(15) proper and improper interpretations of the
defenses of self-defense and provocation, and the use
of expert witness testimony on battered woman
syndrome;
(16) the likelihood of retaliation, recidivism, and
escalation of violence by batterers, and the potential
impact of incarceration and other meaningful sanc-
tions for acts of domestic violence including violations
of orders of protection;
(17) economic, psychological, social and institu-
tional reasons for victims’ inability to leave the
batterer, to report domestic violence or to follow
through on complaints, including the influence of lack
358
of support from police, judges, and court personnel,
and the legitimate reasons why victims of domestic
violence may refuse to testify against a defendant and
should not be held in contempt;
(18) the need for orders of protection, and the
negative implications of mutual orders of protection,
dual arrest policies, and mediation in domestic vio-
lence cases; and
(19) recognition of and response to gender-moti-
vated crimes of violence other than rape, sexual as-
sault and domestic violence, such as mass or serial
murder motivated by the gender of the victims.
SEC. 1663. COOPERATION IN DEVELOPING PROGRAMS.
The State Justice Institute shall ensure that model
programs carried out pursuant to grants made under this
subtitle are developed with the participation of law enforce-
ment officials, public and private nonprofit victim advo-
cates, legal experts, prosecutors, defense attorneys, and rec-
ognized experts on gender bias in the courts.
SEC. 1664. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal year
1994, $600,000 to carry out the purposes of sections 1661
through 1664. Of amounts appropriated under this section,
the State Justice Institute shall expend no less than 40 per-
cent on model programs regarding domestic violence and
359
no less than 40 percent on model programs regarding rape
and sexual assault.
SEC. 1665. AUTHORIZATIONS OF CIRCUIT STUDIES; EDU-
CATION AND TRAINING GRANTS.
(a) STUDY.—In order to gain a better understanding
of the nature and the extent of gender bias in the Federal
courts, the circuit judicial councils are encouraged to con-
duct studies of the instances of gender bias in their respec-
tive circuits. The studies may include an examination of
the effects of gender on—
(1) the treatment of litigants, witnesses, attor-
neys, jurors, and judges in the courts, including before
magistrate and bankruptcy judges;
(2) the interpretation and application of the law,
both civil and criminal;
(3) treatment of defendants in criminal cases;
(4) treatment of victims of violent crimes;
(5) sentencing;
(6) sentencing alternatives, facilities for incar-
ceration, and the nature of supervision of probation,
parole, and supervised release;
(7) appointments to committees of the Judicial
Conference and the courts;
(8) case management and court sponsored alter-
native dispute resolution programs;
360
(9) the selection, retention, promotion, and treat-
ment of employees;
(10) appointment of arbitrators, experts, and
special masters;
(11) the admissibility of past sexual history in
civil and criminal cases; and
(12) the aspects of the topics listed in section
1662 that pertain to issues within the jurisdiction of
the Federal courts.
(b) CLEARINGHOUSE.—The Judicial Conference of the
United States shall designate an entity within the Judicial
Branch to act as a clearinghouse to disseminate any reports
and materials issued by the gender bias task forces under
subsection (a) and to respond to requests for such reports
and materials. The gender bias task forces shall provide this
entity with their reports and related material.
(c) MODEL PROGRAMS.—The Federal Judicial Center,
in carrying out section 620(b)(3) of title 28, United States
Code, shall—
(1) include in the educational programs it pre-
sents and prepares, including the training programs
for newly appointed judges, information on issues re-
lated to gender bias in the courts including such areas
as are listed in subsection (a) along with such other
361
topics as the Federal Judicial Center deems appro-
priate;
(2) prepare materials necessary to implement
this subsection; and
(3) take into consideration the findings and rec-
ommendations of the studies conducted pursuant to
subsection (a), and to consult with individuals and
groups with relevant expertise in gender bias issues as
it prepares or revises such materials.
SEC. 1666. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appro-
priated—
(1) $600,000 to the Salaries and Expenses Ac-
count of the Courts of Appeals, District Courts, and
other Judicial Services, to carry out section 1665(a),
to be available until expended through fiscal year
1996;
(2) $100,000 to the Federal Judicial Center to
carry out section 1665(c) and any activities des-
ignated by the Judicial Conference under section
1665(b); and
(3) such sums as are necessary to the Adminis-
trative Office of the United States Courts to carry out
any activities designated by the Judicial Conference
under section 1665(b).
362
(b) THE JUDICIAL CONFERENCE
OF
THE UNITED
STATES.—(1) The Judicial Conference of the United States
Courts shall allocate funds to Federal circuit courts under
this subtitle that—
(A) undertake studies in their own circuits; or
(B) implement reforms recommended as a result
of such studies in their own or other circuits, includ-
ing education and training.
(2) Funds shall be allocated to Federal circuits under
this subtitle on a first come first serve basis in an amount
not to exceed $100,000 on the first application. If within
6 months after the date on which funds authorized under
this Act become available, funds are still available, circuits
that have received funds may reapply for additional funds,
with not more than $200,000 going to any one circuit.
SEC. 1667. EXPERT TESTIMONY OF DOMESTIC VIOLENCE.
(a) FINDINGS.—The Congress finds that—
(1) State criminal courts often fail to admit ex-
pert testimony offered by a defendant concerning the
nature and effect of physical, sexual, and mental
abuse to assist the trier of fact in assessing the behav-
ior, beliefs, or perceptions of such defendant in a do-
mestic relationship in which abuse has occurred;
(2) the average juror often has little understand-
ing of the nature and effect of domestic violence on
363
such a defendant’s behavior, beliefs, or perceptions,
and the lack of understanding can result in the juror
blaming the woman for her victimization;
(3) the average juror is often unaware that vic-
tims of domestic violence are frequently in greater
danger of violence after they terminate or attempt to
terminate domestic relationships with their abuser;
(4) myths, misconceptions, and victim-blaming
attitudes are often held not only by the average lay
person but also by many in the criminal justice sys-
tem, insofar as the criminal justice system tradition-
ally has failed to protect women from violence at the
hands of men;
(5) specialized knowledge of the nature and effect
of domestic violence is sufficiently established to have
gained the general acceptance which is required for
the admissibility of expert testimony;
(6) although both men and women can be vic-
tims of physical, sexual, and mental abuse by their
partners in domestic relationships, the most frequent
victims are women; and
(7) a woman is more likely to be assaulted and
injured, raped, or killed by her current or former
male partner than by any other type of assailant,
364
and over one-half of all women murdered are killed
by their current or former male partners.
(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that the executive branch, working through the State
Justice Institute, should examine programs which would
allow the States to consider—
(1) that expert testimony concerning the nature
and effect of domestic violence, including descriptions
of the experiences of battered women, be admissible
when offered in a State court by a defendant in a
criminal case to assist the trier of fact in understand-
ing the behavior, beliefs, or perceptions of such defend-
ant in a domestic relationship in which abuse has oc-
curred;
(2) that a witness be qualified to testify as an
expert witness based upon her or his knowledge, skill,
experience, training, or education, and be permitted
to testify in the form of an opinion or otherwise; and
(3) that expert testimony about a domestic rela-
tionship be admissible to include testimony of rela-
tionships between spouses, former spouses, cohabi-
tants, former cohabitants, partners or former part-
ners, and between persons who are in, or have been
in, a dating, courtship, or intimate relationship.
365
TITLE XVII—HATE CRIMES
SENTENCING ENHANCEMENT
SEC. 1701. DIRECTION TO COMMISSION.
(a) IN GENERAL.—Pursuant to section 994 of title 28,
United States Code, the United States Sentencing Commis-
sion shall promulgate guidelines or amend existing guide-
lines to provide sentencing enhancements of not less than
3 offense levels for offenses that the finder of fact at trial
determines beyond a reasonable doubt are hate crimes. In
carrying out this section, the United States Sentencing
Commission shall assure reasonable consistency with other
guidelines, avoid duplicative punishments for substantially
the same offense, and take into account any mitigating cir-
cumstances which might justify exceptions.
(b) DEFINITION.—As used in this section, the term
‘‘hate crime’’ is a crime in which the defendant inten-
tionally selects a victim, or in the case of a property crime,
the property which is the object of the crime, because of the
actual or perceived race, color, religion, national origin,
ethnicity, gender, or sexual orientation of any person.
366
TITLE XVIII—USE OF FORMULA
GRANTS TO PROSECUTE PER-
SONS DRIVING WHILE INTOXI-
CATED
SEC. 1801. GRANT PROGRAM DESCRIPTION.
Section 501(b) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended by adding at the
end the following:
‘‘(23) programs for the prosecution of driving
while intoxicated and the enforcement of other laws
relating to alcohol use and the operation of motor
vehicles.’’.
TITLE XIX—YOUTH HANDGUN
SAFETY
SEC. 1901. FINDINGS AND DECLARATIONS.
The Congress finds and declares that—
(1) Crime, particularly crime involving drugs
and guns, is a pervasive, nationwide problem.
(2) Problems with crime at the local level are ex-
acerbated by the interstate movement of drugs, funds,
and criminal gangs.
(3) Firearms and ammunition, and handguns in
particular, move easily in interstate commerce, as
documented in numerous hearings in both the Judici-
367
ary Committee of the House of Representatives and
Judiciary Committee of the Senate.
(4) In fact, even before the sale of a handgun, the
gun, its component parts, ammunition, and the raw
materials from which they are made have consider-
ably moved in interstate commerce.
(5) While criminals freely move from State to
State, ordinary citizens may fear to travel to or
through certain parts of the country due to the con-
cern that violent crime is not under control, and for-
eigners may decline to travel in the United States for
the same reason.
(6) Just as the hardened drug kingpins begin
their life in the illicit drug culture by exposure to
drugs at a young age, violent criminals often start
their criminal careers on streets where the ready
availability of guns to young people results in the ac-
ceptability of their random use.
(7) Violent crime and the use of illicit drugs go
hand-in-hand, and attempts to control one without
controlling the other may be fruitless.
(8) Individual States and localities find it im-
possible to handle the problem by themselves; even
States and localities that have made a strong effort to
prevent, detect, and punish crime find their effort
368
unavailing due in part to the failure or inability of
other States and localities to take strong measures.
(9) Inasmuch as illicit drug activity and related
violent crime overflow State lines and national
boundaries, the Congress has power, under the inter-
state commerce clause and other provisions of the
Constitution, to enact measures to combat these
problems.
(10) The Congress finds that it is necessary and
appropriate to assist the States in controlling crime
by stopping the commerce in handguns with juveniles
nationwide, and allowing the possession of handguns
by juveniles only when handguns are possessed and
used for legitimate purposes under appropriate condi-
tions.
SEC. 1902. PROHIBITION OF THE POSSESSION OF A HAND-
GUN OR AMMUNITION BY, OR THE PRIVATE
TRANSFER OF A HANDGUN OR AMMUNITION
TO, A JUVENILE.
(a) OFFENSE.—Section 922 of title 18, United States
Code, as amended by section 706(a) of this Act, is
amended by adding at the end the following:
‘‘(w)(1) It shall be unlawful for a person to sell, de-
liver, or otherwise transfer to a juvenile, or to a person who
369
the transferor knows or has reasonable cause to believe is
a juvenile—
‘‘(A) a handgun; or
‘‘(B) ammunition that is suitable for use only in
a handgun.
‘‘(2) It shall be unlawful for any person who is a juve-
nile to knowingly possess—
‘‘(A) a handgun; or
‘‘(B) ammunition that is suitable for use
only in a handgun.
‘‘(3) This subsection does not apply—
‘‘(A) to a temporary transfer of a handgun or
ammunition to a juvenile, or to the possession or use
of a handgun or ammunition by a juvenile, if the
handgun and ammunition are possessed and used by
the juvenile—
‘‘(i) in the course of employment, in the
course of ranching or farming related to activi-
ties at the residence of the juvenile (or on prop-
erty used for ranching or farming at which the
juvenile, with the permission of the property
owner or lessee, is performing activities related
to the operation of the farm or ranch), target
practice, hunting, or a course of instruction in
the safe and lawful use of a handgun;
370
‘‘(ii) with the prior written consent of the
juvenile’s parent or guardian who is not prohib-
ited by Federal, State, or local law from possess-
ing a firearm;
‘‘(iii) with the prior written consent in the
juvenile’s possession at all times when a hand-
gun is in the possession of the juvenile; and
‘‘(iv) in accordance with State and local
law;
‘‘(B) during transportation by the juvenile of an
unloaded handgun in a locked container directly from
the place of transfer to a place at which an activity
described in subparagraph (A)(i) is to take place, and
transportation by the juvenile of that handgun, un-
loaded and in a locked container, directly from the
place at which such an activity took place to the
transferor;
‘‘(C) to a juvenile who is a member of the Armed
Forces of the United States or the National Guard
who possesses or is armed with a handgun in the line
of duty;
‘‘(D) to a transfer by inheritance of title (but not
possession) of a handgun or ammunition to a
juvenile; or
371
‘‘(E) to the possession of a handgun or ammuni-
tion by a juvenile taken in defense of the juvenile or
other persons against an intruder into the residence
of the juvenile or a residence in which the juvenile is
an invited guest.
‘‘(4) A handgun or ammunition, the possession of
which is transferred to a juvenile in circumstances in which
the transferor is not in violation of this subsection shall
not be subject to permanent confiscation by the Government
if its possession by the juvenile subsequently becomes unlaw-
ful because of the conduct of the juvenile, but shall be re-
turned to the lawful owner when such handgun or ammuni-
tion is no longer required by the Government for the pur-
poses of investigation or prosecution.
‘‘(5) For purposes of this subsection, the term ‘juvenile’
means a person who is less than 18 years of age.
‘‘(6)(A) In a prosecution of a violation of this sub-
section, the court shall require the presence of a juvenile
defendant’s parent or legal guardian at all proceedings.
‘‘(B) The court may use the contempt power to enforce
subparagraph (A).
‘‘(C) The court may excuse attendance of a parent or
legal guardian of a juvenile defendant at a proceeding in
a prosecution of a violation of this subsection for good cause
shown.’’.
372
(b) PENALTIES.—Section 924(a) of title 18, United
States Code, as amended by section 706(b) of this Act, is
amended by adding at the end the following:
‘‘(7)(A)(i) A juvenile who violates section 922(w) shall
be fined under this title, imprisoned not more than 1 year,
or both, except that a juvenile described in clause (ii) shall
be sentenced to probation on appropriate conditions and
shall not be incarcerated unless the juvenile fails to comply
with a condition of probation.
‘‘(ii) A juvenile is described in this clause if—
‘‘(I) the offense of which the juvenile is charged
is possession of a handgun or ammunition in viola-
tion of section 922(w)(2); and
‘‘(II) the juvenile has not been convicted in any
court of an offense (including an offense under section
922(w) or a similar State law, but not including any
other offense consisting of conduct that if engaged in
by an adult would not constitute an offense) or adju-
dicated as a juvenile delinquent for conduct that if
engaged in by an adult would constitute an offense.
‘‘(B) A person other than a juvenile who knowingly
violates section 922(w)—
‘‘(i) shall be fined under this title, imprisoned
not more than 1 year, or both; and
373
‘‘(ii) if the person sold, delivered, or otherwise
transferred a handgun or ammunition to a juvenile
knowing or having reasonable cause to know that the
juvenile intended to carry or otherwise possess or dis-
charge or otherwise use the handgun or ammunition
in the commission of a crime of violence, shall be
fined under this title, imprisoned not more than 10
years, or both.’’.
(d) TECHNICAL AMENDMENT OF JUVENILE DELIN-
QUENCY
PROVISIONS
IN
TITLE
18, UNITED
STATES
CODE.—
(1) SECTION
5031.—Section 5031 of title 18,
United States Code, is amended by inserting ‘‘or a
violation by such person of section 922(w)’’ before the
period at the end.
(2) SECTION
5032.—Section 5032 of title 18,
United States Code, is amended—
(A) in the first undesignated paragraph by
inserting ‘‘or (w)’’ after ‘‘922(p)’’; and
(B) in the fourth undesignated paragraph
by inserting ‘‘or section 922(w) of this title,’’ be-
fore ‘‘criminal prosecution on the basis’’.
(e) TECHNICAL AMENDMENT OF THE JUVENILE JUS-
TICE AND DELINQUENCY PREVENTION ACT OF 1974.—Sec-
tion 223(a)(12)(A) of the Juvenile Justice and Delinquency
374
Prevention Act of 1974 (42 U.S.C. 5633(a)(12)(A)) is
amended by striking ‘‘which do not constitute violations of
valid court orders’’ and inserting ‘‘(other than an offense
that constitutes a violation of a valid court order or a viola-
tion of section 922(w) of title 18, United States Code, or
a similar State law)’’.
(f) MODEL
LAW.—The Attorney General, acting
through the Director of the National Institute for Juvenile
Justice and Delinquency Prevention, shall—
(1) evaluate existing and proposed juvenile
handgun legislation in each State;
(2) develop model juvenile handgun legislation
that is constitutional and enforceable;
(3) prepare and disseminate to State authorities
the findings made as the result of the evaluation; and
(4) report to Congress by December 31, 1994,
findings and recommendations concerning the need or
appropriateness of further action by the Federal Gov-
ernment.
375
TITLE 
XX—SUBSTANCE 
ABUSE
TREATMENT 
IN 
FEDERAL
PRISONS
SEC. 2001. SUBSTANCE ABUSE TREATMENT IN FEDERAL
PRISONS.
Section 3621 of title 18, United States Code, is amend-
ed—
(1) in the last sentence of subsection (b), by
striking ‘‘, to the extent practicable,’’; and
(2) by adding at the end the following new sub-
section:
‘‘(e) SUBSTANCE ABUSE TREATMENT.—
‘‘(1) PHASE-IN.—In order to carry out the re-
quirement of the last sentence of subsection (b) of this
section, that every prisoner with a substance abuse
problem have the opportunity to participate in ap-
propriate substance abuse treatment, the Bureau of
Prisons shall provide substance abuse treatment—
‘‘(A) for not less than 50 percent of eligible
prisoners by the end of fiscal year 1995, with
priority for such treatment accorded based on an
eligible prisoner’s proximity to release date;
‘‘(B) for not less than 75 percent of eligible
prisoners by the end of fiscal year 1996, with
376
priority for such treatment accorded based on an
eligible prisoner’s proximity to release date; and
‘‘(C) for all eligible prisoners by the end of
fiscal year 1997 and thereafter, with priority for
such treatment accorded based on an eligible
prisoner’s proximity to release date.
‘‘(2) INCENTIVE
FOR
PRISONERS’ SUCCESSFUL
COMPLETION OF TREATMENT PROGRAM.—
‘‘(A) GENERALLY.—Any prisoner who, in
the judgment of the Director of the Bureau of
Prisons, has successfully completed a program of
residential substance abuse treatment provided
under paragraph (1) of this subsection, shall re-
main in the custody of the Bureau for such time
(as limited by subparagraph (B) of this para-
graph) and under such conditions, as the Bureau
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 prisoner for substance abuse and dis-
continue such conditions on determining that
substance abuse has recurred.
‘‘(B) PERIOD OF CUSTODY.—The period the
prisoner remains in custody after successfully
377
completing a treatment program 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.
‘‘(3) REPORT.—The Bureau of Prisons shall
transmit to the Committees on the Judiciary of the
Senate and the House of Representatives on January
1, 1995, and on January 1 of each year thereafter, a
report. Such report shall contain—
‘‘(A) a detailed quantitative and qualitative
description of each substance abuse treatment
program, residential or not, operated by the Bu-
reau;
‘‘(B) 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
‘‘(C) a complete statement of to what extent
the Bureau has achieved compliance with the re-
quirements of this title.
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated in each fiscal
year such sums as may be necessary to carry out this
subsection.
‘‘(5) DEFINITIONS.—As used in this subsection—
378
‘‘(A) the term ‘residential substance abuse
treatment’ means a course of individual and
group activities, lasting between 6 and 12
months, in residential treatment facilities set
forth from the general prison population—
‘‘(i) directed at the substance abuse
problems of the prisoner; and
‘‘(ii) intended to develop the prisoner’s
cognitive, behavioral, social, vocational, and
other skills so as to solve the prisoner’s sub-
stance abuse and related problems; and
‘‘(B) the term ‘eligible prisoner’ means a
prisoner who is—
‘‘(i) determined by the Bureau of Pris-
ons to have a substance abuse problem; and
‘‘(ii) willing to participate in a resi-
dential substance abuse treatment pro-
gram.’’.
379
TITLE XXI—ALTERNATIVE PUN-
ISHMENTS FOR YOUNG OF-
FENDERS
SEC. 2101. 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 1654 of this Act is amended—
(1) by redesignating part U as part Y;
(2) by redesignating section 2101 as section
2501; and
(3) by inserting after part T the following:
‘‘PART U—ALTERNATIVE PUNISHMENTS FOR
YOUNG 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
young offenders to traditional forms of incarceration and
probation.
‘‘(b) ALTERNATIVE METHODS.—The alternative meth-
ods of punishment referred to in subsection (a) should en-
sure certainty of punishment for young offenders and pro-
380
mote reduced recidivism, crime prevention, and assistance
to victims, particularly for young offenders who can be pun-
ished more effectively in an environment other than a tradi-
tional correctional facility, including—
‘‘(1) alternative sanctions that create account-
ability and certainty of punishment for young offend-
ers;
‘‘(2) boot camp prison programs that include
education and job training activities such as pro-
grams modeled, to the extent practicable, after activi-
ties carried out under part B of title IV of the Job
Training Partnership Act (relating to Job Corps) (29
U.S.C. 1691 et seq.);
‘‘(3) technical training and support for the im-
plementation and maintenance of State and local res-
titution programs for young offenders;
‘‘(4) innovative projects, such as projects consist-
ing of education and job training activities for incar-
cerated young offenders, modeled, to the extent prac-
ticable, after activities carried out under part B of
title IV of the Job Training Partnership Act (relating
to Job Corps) (29 U.S.C. 1691 et seq.);
‘‘(5) correctional options, such as community-
based incarceration, weekend incarceration, and elec-
tronic monitoring of offenders;
381
‘‘(6) community service programs that provide
work service placement for young offenders at non-
profit, private organizations and community organi-
zations;
‘‘(7) demonstration restitution projects that are
evaluated for effectiveness;
‘‘(8) innovative methods that address the prob-
lems of young offenders convicted of serious substance
abuse (including alcohol abuse, and gang-related of-
fenses), including technical assistance and training to
counsel and treat such offenders; and
‘‘(9) the provision for adequate and appropriate
after care programs for the young offenders, such as
substance abuse treatment, education programs, voca-
tional training, job placement counseling, and other
support programs upon release.
‘‘SEC. 2102. 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.
382
‘‘(b) STATE OFFICE.—The office designated under sec-
tion 507 of this title—
‘‘(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. 2103. REVIEW OF STATE APPLICATIONS.
‘‘(a) IN GENERAL.—The Director, in consultation with
the Director of the National Institute of Corrections, shall
make a grant under section 2101(a) to carry out the
projects described in the application submitted by such ap-
plicant 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.—Each application submitted under
section 2102 shall be considered approved, in whole or in
part, by the Director not later than 45 days after first re-
383
ceived unless the Director informs the applicant of specific
reasons for disapproval.
‘‘(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).
‘‘(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.—(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 2102(b).
‘‘(2) Such application shall be considered approved, in
whole or in part, by the State not later than 45 days after
such application is first received unless the State informs
the applicant in writing of specific reasons 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.
‘‘(4) If such application is approved, the unit of local
government is eligible to receive such funds.
384
‘‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERN-
MENT.—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 submit-
ted and approved by the State within 45 days after the Di-
rector 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 45-day requirement
in this section upon a finding that the State is unable to
satisfy such 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 which
bears the same ratio to the amount of remaining
funds described in this paragraph as the number of
young offenders of such State bears to the number of
young offenders in all the participating States.
‘‘(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 for the purposes
385
specified under section 2101 that portion of such funds
which bears the same ratio to the aggregate amount of such
funds as the amount of funds expended by all units of local
government for correctional programs in the preceding fis-
cal year bears to the aggregate amount of funds expended
by the State and all units of local government in such State
for correctional programs in such 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 under section 2101.
‘‘(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 2101, 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) GENERAL REQUIREMENT.—Notwithstanding the
provisions of subsections (a) and (b), not less than two-
thirds of funds received by a State under this part shall
be distributed to units of local government unless the State
applies for and receives a waiver from the Director of the
Bureau of Justice Assistance.
386
‘‘(d) 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.
‘‘(e) CONSIDERATION.—Notwithstanding subsections
(a) and (b), in awarding grants under this part, the Direc-
tor shall consider as an important factor whether a State
has in effect throughout such State a law or policy which—
‘‘(1) requires that a juvenile who is in possession
of a firearm or other weapon on school property or
convicted of a crime involving the use of a firearm or
weapon on school property—
‘‘(A) be suspended from school for a reason-
able period of time; and
‘‘(B) lose driving license privileges for a
reasonable period of time; and
‘‘(2) bans firearms and other weapons in a 100-
yard radius of school property, but the State may
allow exceptions for school-sponsored activities, as
well as other reasonable exceptions.
‘‘(f) DEFINITION.—For purposes of this part, ‘juvenile’
means 18 years of age or younger.
387
‘‘SEC. 2106. EVALUATION.
‘‘(a) IN GENERAL.—(1) Each State and local unit of
government that receives a grant under this part shall sub-
mit 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) The Director may waive the requirement specified
in paragraph (1) if the Director determines that such eval-
uation is not warranted in the case of the State or unit
of local government involved.
‘‘(b) DISTRIBUTION.—The Director shall make avail-
able to the public on a timely basis evaluations received
under subsection (a).
‘‘(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) CONFORMING 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 insert-
ing after the matter relating to part T (as added by section
1654) the following:
‘‘PART U—ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS
‘‘Sec. 2101. Grant authorization.
‘‘Sec. 2102. State applications.
‘‘Sec. 2103. Review of State applications.
‘‘Sec. 2104. Local applications.
388
‘‘Sec. 2105. Allocation and distribution of funds.
‘‘Sec. 2106. Evaluation.
‘‘PART Y—TRANSITION—EFFECTIVE DATE—REPEALER
‘‘Sec. 2501. 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 after paragraph (23) the
following:
‘‘(24) the term ‘young offender’ means an indi-
vidual, convicted of a crime, 22 years of age or
younger—
‘‘(A) who has not been convicted of—
‘‘(i) a crime of sexual assault; or
‘‘(ii) a crime involving the use of a
firearm in the commission of the crime; and
‘‘(B) who has no prior convictions for a
crime of violence (as defined by section 16 of title
18, United States Code) punishable by a period
of 1 or more years of imprisonment; and’’.
(d) TECHNICAL AMENDMENTS.—Section 901(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3791(a)) is amended—
(1) in paragraph (21), by adding a semicolon at
the end;
(2) in paragraph (22), by striking ‘‘and’’ at the
end; and
389
(3) in paragraph (23) by striking the period at
the end and inserting a semicolon.
SEC. 2102. AUTHORIZATION OF APPROPRIATION.
Section 1001(a) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3793) is
amended by adding at the end the following:
‘‘(16) There are authorized to be appropriated
$200,000,000 for each of the fiscal years 1994, 1995, and
1996 to carry out the projects under part U.’’.
SEC. 2103. SENSE OF THE CONGRESS.
It is the sense of the Congress that States should impose
mandatory sentences for crimes involving the use of a fire-
arm or other weapon on school property or within a 100-
yard radius of school property.
TITLE 
XXII—JUVENILE 
DRUG
TRAFFICKING AND GANG PRE-
VENTION GRANTS
SEC. 2201. JUVENILE DRUG TRAFFICKING AND GANG PRE-
VENTION GRANTS.
(a) The Omnibus Crime Control and Safe Streets Act
of 1968, is amended by inserting after part U (as added
by section 2101(a)) the following new part:
390
‘‘PART V—JUVENILE DRUG TRAFFICKING AND
GANG PREVENTION GRANTS
‘‘SEC. 2201. GRANT AUTHORIZATION.
‘‘(a) IN GENERAL.—The Director is authorized to
make grants to States and units of local government or com-
binations thereof to assist them in planning, establishing,
operating, coordinating, and evaluating projects directly or
through grants and contracts with public and private agen-
cies for the development of more effective programs, includ-
ing education, prevention, treatment and enforcement pro-
grams to reduce—
‘‘(1) the formation or continuation of juvenile
gangs; and
‘‘(2) the use and sale of illegal drugs by juve-
niles.
‘‘(b) USES OF FUNDS.—The grants made under this
section may be used for any of the following specific
purposes:
‘‘(1) To reduce the participation of juveniles in
drug related crimes (including drug trafficking and
drug use), particularly in and around elementary
and secondary schools.
‘‘(2) To reduce juvenile involvement in organized
crime, drug and gang-related activity, particularly
activities that involve the distribution of drugs by or
to juveniles.
391
‘‘(3) To develop new and innovative means to
address the problems of juveniles convicted of serious,
drug-related and gang-related offenses;
‘‘(4) To reduce juvenile drug and gang-related
activity in public housing projects.
‘‘(5) To provide technical assistance and train-
ing to personnel and agencies responsible for the adju-
dicatory and corrections components of the juvenile
justice system to identify drug-dependent or gang-in-
volved juvenile offenders and to provide appropriate
counseling and treatment to such offenders.
‘‘(6) To promote the involvement of all juveniles
in lawful activities, including—
‘‘(A) school programs that teach that drug
and gang involvement are wrong; and
‘‘(B) programs such as youth sports and
other activities, including girls and boys clubs,
scout troops, and little leagues.
‘‘(7) To facilitate Federal and State cooperation
with local school officials to develop education, pre-
vention and treatment programs for juveniles who are
likely to participate in drug trafficking, drug use or
gang-related activities.
‘‘(8) To provide pre- and post-trial drug abuse
treatment to juveniles in the juvenile justice system;
392
with the highest possible priority to providing drug
abuse treatment to drug-dependent pregnant juveniles
and drug-dependent juvenile mothers.
‘‘(9) To provide education and treatment pro-
grams for youth exposed to severe violence in their
homes, schools, or neighborhoods.
‘‘(10) To establish sports mentoring and coach-
ing programs in which athletes serve as role models
for youth to teach that athletics provide a positive al-
ternative to drug and gang involvement.
‘‘(11) To develop new programs that specifically
address the unique crime, drug, and alcohol-related
challenges faced by juveniles living at or near Inter-
national Ports of Entry and in other international
border communities, including rural localities.
‘‘(12) To identify promising new juvenile drug
demand reduction and enforcement programs, to rep-
licate and demonstrate these programs to serve as na-
tional, regional or local models that could be used, in
whole or in part, by other public and private juvenile
justice programs, and to provide technical assistance
and training to public or private organizations to
implement similar programs.
‘‘(13) To coordinate violence, gang, and juvenile
drug prevention programs with other existing Federal
393
programs that serve community youth to better ad-
dress the comprehensive needs of such youth.
‘‘(14) To reduce the incidence of graffiti and to
promote graffiti removal, prevention, and education
programs.
‘‘(c) FEDERAL SHARE.—(1) The Federal share of a
grant made under this part may not exceed 75 percent of
the total costs of the projects described in applications sub-
mitted under this section for the fiscal year for which the
projects receive assistance under this part.
‘‘(2) The Director may waive the 25 percent matching
requirement under paragraph (1), upon making a deter-
mination that such waiver is equitable due to the financial
circumstances affecting the ability of the applicant to meet
such requirements.
‘‘SEC. 2202. APPLICATIONS.
‘‘A State or unit of local government applying for
grants under this part shall submit an application to the
Director in such form and containing such information as
the Director shall reasonably require.’’.
(b) CONFORMING 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 insert-
ing after the matter relating to part U (as added by section
2101(b)) the following:
394
‘‘PART V—JUVENILE DRUG TRAFFICKING AND GANG PREVENTION GRANTS
‘‘Sec. 2201. Grant authorization.
‘‘Sec. 2202. Applications.’’.
SEC. 2202. AUTHORIZATION OF APPROPRIATIONS.
Section 1001(a) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3793), is
amended by adding at the end the following:
‘‘(17) There are authorized to be appropriated
$100,000,000 for each of the fiscal years 1994 and 1995
to carry out the projects under part V.’’.
TITLE XXIII—RESIDENTIAL SUB-
STANCE ABUSE TREATMENT
FOR STATE PRISONERS
SEC. 2301. RESIDENTIAL SUBSTANCE ABUSE TREATMENT
FOR STATE PRISONERS.
(a) RESIDENTIAL SUBSTANCE ABUSE TREATMENT
FOR PRISONERS.—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 part V (as added by section
2201(a)) the following:
‘‘PART W—RESIDENTIAL SUBSTANCE ABUSE
TREATMENT FOR STATE PRISONERS
‘‘SEC. 2301. 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 and units
395
of local government for the purpose of developing and imple-
menting residential substance abuse treatment programs
within State correctional facilities, as well as within local
correctional facilities in which inmates are incarcerated for
a period of time sufficient to permit substance abuse treat-
ment.
‘‘SEC. 2302. 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 (and, if appropriate, between representatives
of local correctional agencies and representatives of either
the State alcohol and drug abuse agency or any appropriate
local alcohol and drug abuse agency).
‘‘(b) SUBSTANCE ABUSE TESTING REQUIREMENT.—To
be eligible to receive funds under this part, a State must
agree to implement or continue to require urinalysis or
396
similar testing of individuals in correctional residential
substance abuse treatment programs. Such testing shall in-
clude individuals released from residential substance abuse
treatment programs 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 substance abuse treatment program es-
tablished 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 correctional facility treatment pro-
gram with other human service and rehabilitation
programs, such as educational and job training pro-
grams, parole supervision programs, half-way house
programs, and participation in self-help and peer
group programs, that may aid in the rehabilitation
of individuals in the substance abuse treatment
program.
‘‘(3) To qualify as an aftercare program, the
head of the substance abuse treatment program, in
conjunction with State and local authorities and or-
ganizations involved in substance abuse treatment,
397
shall assist in placement of substance abuse treatment
program participants with appropriate community
substance abuse treatment facilities when such indi-
viduals leave the correctional facility at the end of a
sentence or on parole.
‘‘(d) STATE OFFICE.—The Office designated under sec-
tion 507 of this title—
‘‘(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. 2303. REVIEW OF STATE APPLICATIONS.
‘‘(a) IN GENERAL.—The Director shall make a grant
under section 2301 to carry out the projects described in
the application submitted under section 2302 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
Director has made an affirmative finding in writing
that the proposed project has been reviewed in accord-
ance with this part.
398
‘‘(b) APPROVAL.—Each application submitted under
section 2302 shall be considered approved, in whole or in
part, by the Director not later than 45 days after first re-
ceived unless the Director informs the applicant of specific
reasons for disapproval.
‘‘(c) RESTRICTION.—Grant funds received under this
part shall not be used for land acquisition or construction
projects.
‘‘(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. 2304. 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 which
bears the same ratio to the amount of remaining
funds described in this paragraph as the State prison
population of such State bears to the total prison pop-
ulation of all the participating States.
399
‘‘(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 2302 for the fiscal year for which the projects
receive assistance under this part.
‘‘SEC. 2305. 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) CONFORMING 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 insert-
ing after the matter relating to part V (as added by section
2201(b)) the following:
‘‘PART W—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS
‘‘Sec. 2301. Grant authorization.
‘‘Sec. 2302. State applications.
‘‘Sec. 2303. Review of State applications.
‘‘Sec. 2304. Allocation and distribution of funds.
‘‘Sec. 2305. Evaluation.’’.
(c) DEFINITIONS.—Section 901(a) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3791(a)) is amended by adding after paragraph (24) (as
added by section 2101(c)) the following:
‘‘(25) the term ‘residential substance abuse treat-
ment program’ means a course of individual and
group activities, lasting between 9 and 12 months, in
400
residential treatment facilities set apart from the gen-
eral prison population—
‘‘(A) directed at the substance abuse prob-
lems 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.’’.
SEC. 2302. AUTHORIZATION OF APPROPRIATIONS.
Section 1001(a) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3793), is
amended by adding at the end the following:
‘‘(18) There are authorized to be appropriated
$100,000,000 for each of the fiscal years 1994, 1995, and
1996 to carry out the projects under part W.’’.
TITLE XXIV—IMMIGRATION RE-
LATED 
PROVISIONS 
AND
CRIMINAL ALIENS.
Subtitle A—Criminal Aliens
SEC. 2401. CONGRESSIONAL FINDINGS.
The Congress makes the following findings:
(1) The Federal Government is responsible for
controlling illegal immigration into the United
States.
401
(2) Many States and localities are burdened with
the financial costs of housing and processing aliens
who are unlawfully within the United States and who
are charged with violating criminal statutes.
(3) The Immigration and Naturalization Service
is not permitted under current law to accept local
and State assistance in its deportation responsibil-
ities.
(4) Many communities with criminal alien pop-
ulations would like to expedite the deportation of
aliens who are charged with violating criminal stat-
utes and who are either unlawfully within the United
States or willing to submit to voluntary deportation
under safeguard.
SEC. 2402. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE.
(a) IN GENERAL.—Subject to subsection (b) and not-
withstanding any other provision of law, the Attorney Gen-
eral, in the discretion of the Attorney General, is authorized
to accept, hold, administer, and utilize gifts of property and
services (which may not include cash assistance) for the
purpose of assisting the Immigration and Naturalization
Service in carrying out the deportation of aliens who are
subject to charges for misdemeanor or felony crimes under
State or Federal law and who are either unlawfully within
the United States or willing to submit to voluntary deporta-
402
tion under safeguard. Any property acquired pursuant to
this section shall be acquired in the name of the United
States.
(b) LIMITATION.—The Attorney General shall termi-
nate or rescind the exercise of the authority under sub-
section (a) if the Attorney General determines that the exer-
cise of such authority has resulted in discrimination in law
enforcement on the basis of race, color, or national origin.
SEC. 2403. INCARCERATION OF UNDOCUMENTED CRIMINAL
ALIENS.
(a) INCARCERATION.—Section 242 of the Immigration
and Nationality Act (8 U.S.C. 1252) is amended by adding
at the end the following:
‘‘(j) INCARCERATION.—
‘‘(1) If the chief official of the State (or, if ap-
propriate, a political subdivision of the State) exercis-
ing authority with respect to the incarceration of an
undocumented criminal alien (sentenced to a deter-
minate term of imprisonment) submits a written re-
quest to the Attorney General, the Attorney General
shall, as determined by the Attorney General—
‘‘(A) enter into a contractual arrangement
which provides for compensation to the State or
a political subdivision of the State, as may be
appropriate, with respect to the incarceration of
404
the State or a political subdivision of the State
has failed to maintain the nonimmigrant status
in which the alien was admitted or to which it
was changed under section 248, or to comply
with the conditions of any such status.
‘‘(4)(A) In carrying out paragraph (1), the At-
torney General shall give priority to the Federal in-
carceration of undocumented criminal aliens who
have committed aggravated felonies.
‘‘(B) The Attorney General shall ensure that un-
documented criminal aliens incarcerated in Federal
facilities pursuant to this subsection are held in fa-
cilities which provide a level of security appropriate
to the crimes for which they were convicted.’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall take effect October 1, 1994.
(c) LIMITATION.—The authority created in section
242(j) of the Immigration and Nationality Act (as added
by subsection (a)) shall be subject to appropriation until
October 1, 1998.
Subtitle B—Immigration Provisions
SEC. 2411. EXPEDITED DEPORTATION FOR DENIED ASYLUM
APPLICANTS.
(a) The Attorney General may provide for the expedi-
tious adjudication of asylum claims and the expeditious de-
405
portation of asylum applicants whose applications have
been finally denied, unless the applicant remains in an oth-
erwise valid nonimmigrant status.
(b) There are authorized to be appropriated to carry
out this section, such sums as are necessary for each of fiscal
years 1994, 1995, 1996, 1997, and 1998.
SEC. 2412. IMPROVING BORDER CONTROLS.
(a) There are authorized to be appropriated such sums
as are necessary to increase the Immigration and Natu-
ralization Service’s resources for the Border Patrol, the In-
spections Program, and the Deportation Branch to appre-
hend illegal aliens who attempt clandestine entry into the
United States or entry into the United States with fraudu-
lent documents or who remain in the country after their
nonimmigrant visas expire.
(b) The Attorney General shall report to the Congress
every two years on the programs referred to in subsection
(a).
SEC. 2413. EXPANDED SPECIAL DEPORTATION PROCEED-
INGS.
(a) Subject to the availability of appropriations, the
Attorney General may expand the program authorized by
section 242A(d) of the Immigration and Nationality Act
to ensure that such aliens are immediately deportable upon
their release from incarceration.
406
(b) There are authorized to be appropriated such sums
as necessary to carry out this section for each of fiscal years
1995 through 1998.
(c) The Attorney General shall report to the Congress
every two years on the program referred to in subsection
(a).
SEC. 2414. CONSTRUCTION OF INS SERVICE PROCESSING
CENTERS TO DETAIN CRIMINAL ALIENS.
There are authorized to be appropriated such sums as
are necessary in fiscal year 1996 to construct or contract
for the construction of 2 Immigration and Naturalization
Service Processing Centers to detain criminal aliens.
Subtitle C—Border Patrol Agents
SEC. 2421. BORDER PATROL AGENTS.
In addition to such amounts as are otherwise author-
ized to be appropriated, there is authorized to be appro-
priated for each of the fiscal years 1995, 1996, 1997, 1998,
and 1999 for salaries and expenses of the Border Patrol
such amounts as may be necessary to provide for an in-
crease in the number of agents of the Border Patrol by 6,000
full-time equivalent agent positions (and necessary support
personnel positions) beyond the number of such positions
authorized for the Border Patrol as of October 1, 1993.
407
Subtitle D—Passport and Visa
Offenses Penalties Improvements
SEC. 2431. PASSPORT AND VISA OFFENSES PENALTIES IM-
PROVEMENT.
(a) IN GENERAL.—Chapter 75 of title 18, United
States Code, is amended—
(1) in section 1541, by striking ‘‘not more than
$500 or imprisoned not more than one year’’ and in-
serting ‘‘under this title or imprisoned not more than
10 years’’;
(2) in each of sections 1542, 1543, and 1544, by
striking ‘‘not more than $2,000 or imprisoned not
more than five years’’ and inserting ‘‘under this title
or imprisoned not more than 10 years’’;
(3) in section 1545, by striking ‘‘not more than
$2,000 or imprisoned not more than three years’’ and
inserting ‘‘under this title or imprisoned not more
than 10 years’’;
(4) in section 1546(a), by striking ‘‘five years’’
and inserting ‘‘10 years’’;
(5) in section 1546(b), by striking ‘‘in accord-
ance with this title, or imprisoned not more than two
years’’ and inserting ‘‘under this title or imprisoned
not more than 10 years’’; and
(6) by adding at the end the following:
408
‘‘§ 1547. Alternative imprisonment maximum for cer-
tain offenses
‘‘Notwithstanding any other provision of this title, the
maximum term of imprisonment that may be imposed for
an offense under this chapter (other than an offense under
section 1545)—
‘‘(1) if committed to facilitate a drug trafficking
crime (as defined in 929(a) of this title) is 15 years;
and
‘‘(2) if committed to facilitate an act of inter-
national terrorism (as defined in section 2331 of this
title) is 20 years.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 75 of title 18, United States Code,
is amended by adding at the end the following new item:
‘‘1547. Alternative imprisonment maximum for certain offenses.’’.
TITLE XXV—RURAL CRIME.
Subtitle A—Drug Trafficking in
Rural Areas
SEC. 2501. AUTHORIZATIONS FOR RURAL LAW ENFORCE-
MENT AGENCIES.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Section
1001(a)(9) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended to read as follows:
409
‘‘(9) There are authorized to be appropriated to carry
out part O $50,000,000 for each of fiscal years 1994, 1995,
1996, 1997, and 1998.’’.
(b) AMENDMENT
TO
BASE
ALLOCATION.—Section
1501(a)(2)(A) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by striking ‘‘$100,000’’
and inserting ‘‘$250,000’’.
SEC. 2502. RURAL CRIME AND DRUG ENFORCEMENT TASK
FORCES.
(a) ESTABLISHMENT.—Not later than 90 days after
the date of enactment of this Act, the Attorney General, in
consultation with the Governors, mayors, and chief execu-
tive officers of State and local law enforcement agencies,
shall establish a Rural Crime and Drug Enforcement Task
Force in each of the Federal judicial districts which encom-
pass significant rural lands. Assets seized as a result of in-
vestigations initiated by a Rural Drug Enforcement Task
Force shall be used primarily to enhance the operations of
the task force and its participating State and local law en-
forcement agencies.
(b) TASK FORCE MEMBERSHIP.—The task forces estab-
lished under subsection (a) shall be chaired by the United
States Attorney for the respective Federal judicial district.
The task forces shall include representatives from—
(1) State and local law enforcement agencies;
410
(2) the Drug Enforcement Administration;
(3) the Federal Bureau of Investigation;
(4) the Immigration and Naturalization Service;
(5) the Customs Service;
(6) the United States Marshals Service; and
(7) law enforcement officers from the United
States Park Police, United States Forest Service and
Bureau of Land Management, and such other Federal
law enforcement agencies as the Attorney General
may direct.
SEC. 2503. CROSS-DESIGNATION OF FEDERAL OFFICERS.
(a) IN GENERAL.—The Attorney General may cross-
designate up to 100 law enforcement officers from each of
the agencies specified under section 1502(b)(6) of the Omni-
bus Crime Control and Safe Streets Act of 1968 with juris-
diction to enforce the provisions of the Controlled Sub-
stances Act on non-Federal lands and title 18 of the United
States Code to the extent necessary to effect the purposes
of this Act.
(b) ADEQUATE STAFFING.—The Attorney General
shall, subject to the availability of appropriations, ensure
that each of the task forces established in accordance with
this title are adequately staffed with investigators and that
additional investigators are provided when requested by the
task force.
411
SEC. 2504. RURAL DRUG ENFORCEMENT TRAINING.
(a) SPECIALIZED TRAINING FOR RURAL OFFICERS.—
The Director of the Federal Law Enforcement Training
Center shall develop a specialized course of instruction de-
voted to training law enforcement officers from rural agen-
cies in the investigation of drug trafficking and related
crimes.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out subsection (a)
$1,000,000 for each of fiscal years 1994, 1995, 1996, 1997,
and 1998.
SEC. 2505. MORE AGENTS FOR THE DRUG ENFORCEMENT
ADMINISTRATION.
There are authorized to be appropriated for the hiring
of additional Drug Enforcement Administration agents
$20,000,000 for each of fiscal years 1994, 1995, 1996, 1997,
and 1998.
Subtitle B—Drug Free Truck Stops
and Safety Rest Areas
SEC. 2511. DRUG FREE TRUCK STOPS AND SAFETY REST
AREAS.
(a) SHORT TITLE.—This section may be cited as the
‘‘Drug Free Truck Stop Act’’.
(b) AMENDMENT
TO
CONTROLLED
SUBSTANCES
ACT.—
412
(1) IN GENERAL.—Part D of the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.) is amended by in-
serting after section 408 the following new section:
‘‘TRANSPORTATION SAFETY OFFENSES
‘‘SEC. 409. (a) DEFINITIONS.—In this section—
‘‘(1) the term ‘safety rest area’ means a roadside
facility with parking facilities for the rest or other
needs of motorists; and
‘‘(2) the term ‘truck stop’ means a facility (in-
cluding any parking lot appurtenant thereto) that—
‘‘(A) has the capacity to provide fuel or
service, or both, to any commercial motor vehicle
(as defined under section 12019 of the Commer-
cial Motor Vehicle Safety Act of 1986 (49 U.S.C.
2716)) operating in commerce (as defined in that
section); and
‘‘(B) is located within 2,500 feet of the Na-
tional System of Interstate and Defense High-
ways or the Federal-Aid Primary System.
‘‘(b) FIRST OFFENSE.—A person who violates section
401(a)(1) or section 416 by distributing or possessing with
intent to distribute a controlled substance in or on, or with-
in 1,000 feet of, a truck stop or safety rest area is (except
as provided in subsection (b)) subject to—
‘‘(1) twice the maximum punishment authorized
by section 401(b); and
413
‘‘(2) twice any term of supervised release author-
ized by section 401(b) for a first offense.
‘‘(c) SUBSEQUENT OFFENSE.—A person who violates
section 401(a)(1) or section 416 by distributing or possess-
ing with intent to distribute a controlled substance in or
on, or within 1,000 feet of, a truck stop or a safety rest
area after a prior conviction or convictions under sub-
section (a) have become final is subject to—
‘‘(1) 3 times the maximum punishment author-
ized by section 401(b); and
‘‘(2) 3 times any term of supervised release au-
thorized by section 401(b) for a first offense.’’.
(2) TECHNICAL AMENDMENTS.—
(A) CROSS REFERENCE.—Section 401(b) of
the Controlled Substances Act (21 U.S.C. 841(b))
is amended by inserting ‘‘409,’’ before ‘‘418,’’
each place it appears.
(B) TABLE
OF
CONTENTS.—The table of
contents of the Comprehensive Drug Abuse Pre-
vention and Control Act of 1970 is amended by
striking the item relating to section 409 and in-
serting the following new item:
‘‘Sec. 409. Transportation safety offenses.’’.
(c) SENTENCING GUIDELINES.—Pursuant to its au-
thority under section 994 of title 28, United States Code,
and section 21 of the Sentencing Act of 1987 (28 U.S.C.
414
994 note), the United States Sentencing Commission shall
promulgate guidelines, or shall amend existing guidelines,
to provide an appropriate enhancement of punishment for
a defendant convicted of violating section 409 of the Con-
trolled Substances Act, as added by subsection (b).
Subtitle C—Rural Domestic Vio-
lence and Child Abuse Enforce-
ment
SEC. 2521. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE
ENFORCEMENT ASSISTANCE.
(a) GRANTS.—The Attorney General may make grants
to units of State and local governments of rural States, and
to other public or private entities of rural States—
(1) to implement, expand, and establish coopera-
tive efforts and projects between law enforcement offi-
cers, prosecutors, victim advocacy groups, and other
related parties to investigate and prosecute incidents
of domestic violence and child abuse;
(2) to provide treatment and counseling to vic-
tims of domestic violence and child abuse; and
(3) to work in cooperation with the community
to develop education and prevention strategies di-
rected toward such issues.
(b) DEFINITION.—In this section, the term ‘‘rural
State’’ has the meaning stated in section 1501(b) of title
415
I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796bb(B)).
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section $10,000,000 for
each of fiscal years 1995, 1996, and 1997.
(2) ADDITIONAL FUNDING.—In addition to funds
received under a grant under subsection (a), a law
enforcement agency may use funds received under a
grant under section 1402 to accomplish the objectives
of this section.
Subtitle D—Sense of Congress Re-
garding 
Funding 
for 
Rural
Areas
SEC. 2531. FUNDING FOR RURAL AREAS.
It is the sense of Congress that—
(1) the Attorney General should ensure that
funding for programs in this Act is distributed such
that rural areas continue to receive comparable sup-
port for their broad-based crime fighting initiatives;
(2) rural communities should not receive less
funding than they received in fiscal year 1994 for
anti-crime initiatives as a result of any legislative or
administrative actions; and
416
(3) to the maximum extent possible, funding for
the Edward Byrne Memorial State and Local Law
Enforcement Assistance Program should be main-
tained at its fiscal year 1994 level.
TITLE XXVI—COMMISSION ON
CRIME AND VIOLENCE.
SEC. 2601. FINDINGS.
The Congress finds that—
(1) there is no more important responsibility of
government than the protection of the lives and prop-
erty of its citizens;
(2) a violent crime occurs every 22 seconds in
America;
(3) the Nation’s law enforcement personnel and
criminal justice system lack the resources they need to
fully maintain law and order;
(4) the proliferation of drugs and guns in the
last 3 decades has dramatically changed the nature of
crime;
(5) it has been 27 years since the Brown Com-
mission redefined the Federal Government’s response
to crime in America; and
(6) the Nation must commit itself to an ener-
getic, innovative assault on the epidemic of crime in
our society, including—
417
(A) alternative forms of sentencing to guar-
antee swift and sure punishment of criminals,
including the Nation’s growing number of youth
offenders;
(B) initiatives by the public and private
sectors designed to identify and alleviate the
causes of criminal behavior; and
(C) an examination of current laws and
law enforcement practices to determine where
and how resources may be best utilized to fight
crime, reduce burdens on courts and jails, and
stop recidivism.
SEC. 2602. ESTABLISHMENT OF COMMISSION ON CRIME
AND VIOLENCE.
(a) ESTABLISHMENT.—There is established a commis-
sion to be known as the ‘‘National Commission on Crime
and Violence in America’’ (referred to as the ‘‘Commis-
sion’’).
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Commission shall be com-
posed of 22 members, of whom—
(A) 6 shall be appointed by the President;
(B) 8 shall be appointed by the Speaker of
the House of Representatives, of whom 2 shall be
418
appointed on the recommendation of the minor-
ity leader; and
(C) 8 shall be appointed by the President
pro tempore of the Senate, of whom 6 shall be
appointed on the recommendation of the major-
ity leader and 2 shall be appointed on the rec-
ommendation of the minority leader.
(2) GOALS IN MAKING APPOINTMENTS.—In ap-
pointing members of the Commission, the President,
Speaker, President pro tempore, and the majority and
minority leaders shall seek to ensure that—
(A) the membership of the Commission re-
flect the racial, ethnic, and gender diversity of
the United States; and
(B) members are specially qualified to serve
on the Commission by reason of their education,
training, expertise, or experience in—
(i) sociology;
(ii) psychology;
(iii) law;
(iv) law enforcement;
(v) social work; and
(vi) ethnography and urban poverty,
including health care, housing, education,
and employment.
419
(3) DEADLINE.—Members of the Commission
shall be appointed within 60 days after the date of
enactment of this Act.
(4) TERM.—Members shall serve on the Commis-
sion through the date of its termination under section
8.
(5) MEETINGS.—The Commission—
(A) shall have its headquarters in the Dis-
trict of Columbia; and
(B) shall meet at least once each month for
a business session.
(6) QUORUM.—Twelve members of the Commis-
sion shall constitute a quorum, but a lesser number
may hold hearings.
(7) CHAIRPERSON AND VICE CHAIRPERSON.—Not
later than 15 days after the members of the Commis-
sion are appointed, the members shall designate a
Chairperson and Vice Chairperson of the Commission.
(8) VACANCIES.—A vacancy in the Commission
shall be filled not later than 30 days after the Com-
mission is informed of the vacancy in the manner in
which the original appointment was made.
(9) COMPENSATION.—
(A) NO PAY, ALLOWANCE, OR BENEFIT.—
Members of the Commission shall receive no pay,
420
allowances, or benefits by reason of their service
on the Commission.
(B) TRAVEL EXPENSES.—A member of the
Commission shall receive travel expenses, includ-
ing per diem in lieu of subsistence, in accordance
with section 5702 and 5703 of title 5, United
States Code.
SEC. 2603. DUTIES.
The Commission shall—
(1) review the effectiveness of traditional crimi-
nal justice approaches in preventing and controlling
crime and violence;
(2) examine the impact that changes to Federal
and State law have had in controlling crime and
violence;
(3) examine the impact of changes in Federal
immigration laws and policies and increased develop-
ment and growth along United States international
borders on crime and violence in the United States,
particularly among our Nation’s youth;
(4) examine the problem of youth gangs and pro-
vide recommendations on how to reduce youth in-
volvement in violent crime;
421
(5) examine the extent to which assault weapons
and high power firearms have contributed to violence
and murder in the United States;
(6) convene hearings in various parts of the
country to receive testimony from a cross section of
criminal justice professionals, business leaders, elected
officials, medical doctors, and other citizens that wish
to participate;
(7) review all segments of the criminal justice
system, including the law enforcement, prosecution,
defense, judicial, corrections components, in develop-
ing the crime control and antiviolence plan;
(8) develop a comprehensive and effective crime
control and antiviolence plan that will serve as a
blueprint for action in the 1990’s;
(9) bring attention to successful models and pro-
grams in crime prevention, crime control, and
antiviolence;
(10) reach out beyond the traditional criminal
justice community for ideas when developing the com-
prehensive crime control and antiviolence plan;
(11) recommend improvements in the coordina-
tion of Federal, State, local, and international border
crime control efforts;
422
(12) make a comprehensive study of the economic
and social factors leading to or contributing to crime
and violence and specific proposals for legislative and
administrative actions to reduce crime and violence
and the elements that contribute to crime and vio-
lence; and
(13) recommend means of allocating finite cor-
rectional facility space and resources to the most seri-
ous and violent offenders, with the goal of achieving
the most cost-effective crime control and protection of
the community and public safety, after—
(A) examining the issue of disproportionate
incarceration rates among black males and any
other minority group disproportionately rep-
resented in Federal and State correctional popu-
lations; and
(B) considering increased use of alternatives
to incarceration that offer a reasonable prospect
of equal or better crime control at equal or less
cost than incarceration.
SEC. 2604. STAFF AND SUPPORT SERVICES.
(a) DIRECTOR.—
(a) APPOINTMENT.—After consultation with the
members of the Commission, the Chairperson shall
423
appoint a director of the Commission (referred to in
this title as the ‘‘Director’’).
(2) COMPENSATION.—The Director shall be paid
at a rate not to exceed the rate of basic pay for level
V of the Executive Schedule.
(b) STAFF.—With the approval of the Commission, the
Director may appoint such personnel as the Director con-
siders to be appropriate.
(c) CIVIL SERVICE LAWS.—The staff of the Commis-
sion shall be appointed without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service and shall be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53
of that title relating to classification and General Schedule
pay rates.
(d) EXPERTS AND CONSULTANTS.—With the approval
of the Commission, the Director may procure temporary
and intermittent services under section 3109(b) of title 5,
United States Code.
(e) STAFF OF FEDERAL AGENCIES.—Upon the request
of the Commission, the head of any Federal agency may
detail, on a reimbursable basis, personnel of that agency
to the Commission to assist in carrying out its duties.
(f) PHYSICAL FACILITIES.—The Administrator of the
General Services Administration shall provide suitable of-
424
fice space for the operation of the Commission. The facilities
shall serve as the headquarters of the Commission and shall
include all necessary equipment and incidentals required
for proper functioning.
SEC. 2605. POWERS.
(a) HEARINGS.—The Commission may conduct public
hearings or forums at its discretion, at any time and place
it is able to secure facilities and witnesses, for the purpose
of carrying out its duties.
(b) DELEGATION OF AUTHORITY.—Any member or
agent of the Commission may, if authorized by the Commis-
sion, take any action that the Commission is authorized
to take by this section.
(c) INFORMATION.—The Commission may secure from
any Federal agency or entity in the executive or legislative
branch such materials, resources, statistical data, and other
information as is necessary to enable it to carry out this
Act. Upon request of the Chairperson or Vice Chairperson
of the Commission, the head of a Federal agency or entity
shall furnish the information to the Commission to the ex-
tent permitted by law.
(d) GIFTS, BEQUESTS, AND DEVISES.—The Commis-
sion may accept, use, and dispose of gifts, bequests, or de-
vises of services or property, both real and personal, for the
purpose of aiding or facilitating the work of the Commis-
425
sion. Gifts, bequests, or devises of money and proceeds from
sales of other property received as gifts, bequests, or devises
shall be deposited in the Treasury and shall be available
for disbursement upon order of the Commission.
(e) MAILS.—The Commission may use the United
States mails in the same manner and under the same condi-
tions as other Federal agencies.
SEC. 2606. REPORTS.
(a) MONTHLY
REPORTS.—The Commission shall
submit monthly activity reports to the President and the
Congress.
(b) INTERIM REPORT.—Not later than 1 year before
the date of its termination, the Commission shall submit
an interim report to the President and the Congress con-
taining—
(1) a detailed statement of the findings and con-
clusions of the Commission;
(2) recommendations for legislative and adminis-
trative action based on the Commission’s activities to
date;
(3) an estimation of the costs of implementing
the recommendations made by the Commission; and
(4) a strategy for disseminating the report to
Federal, State, and local authorities.
426
(c) FINAL REPORT.—Not later than the date of its ter-
mination, the Commission shall submit to the Congress and
the President a final report with a detailed statement of
final findings, conclusions, recommendations, and esti-
mation of costs and an assessment of the extent to which
recommendations included in the interim report under
subsectin (b) have been implemented.
(d) PRINTING AND PUBLIC DISTRIBUTION.—Upon re-
ceipt of each report of the Commission under this section,
the President shall—
(1) order the report to be printed; and
(2) make the report available to the public.
SEC. 2607. TERMINATION.
The Commission shall terminate on the date that is
2 years after the date on which members of the Commission
have met and designated a Chairperson and Vice Chair-
person.
TITLE 
XXVII—POLICE 
CORPS
AND 
LAW 
ENFORCEMENT
SCHOLARSHIP ACT
SEC. 2701. PURPOSES.
The purposes of this title are to—
(1) address violent crime by increasing the num-
ber of police with advanced education and training
on community patrol; and
427
(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. 2702. DEFINITIONS.
For purposes of this title—
(1) the term ‘‘academic year’’ means a tradi-
tional academic year beginning in August or Septem-
ber and ending in the following May or June;
(2) the term ‘‘dependent child’’ means a natural
or adopted child or stepchild of a law enforcement of-
ficer who at the time of the offer’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;
(3) the term ‘‘Director’’ means the Director of the
Office of the Police Corps and Law Enforcement Edu-
cation appointed under section 2711;
(4) the term ‘‘educational expenses’’ means ex-
penses 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
428
(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
expenses.
(5) the term ‘‘institution of higher education’’
has the meaning stated in the first sentence of section
1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a));
(6) the term ‘‘participant’’ means a participant
in the Police Corps program selected pursuant to sec-
tion 2714;
(7) the term ‘‘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 Mari-
ana Islands; and
(8) the term ‘‘State Police Corps program’’
means a State police corps program that meets the re-
quirements of section 2717.
429
Subtitle A—Police Corps
SEC. 2711. 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 subtitle and shall have
authority to promulgate regulations to implement this sub-
title.
SEC. 2712. 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 subtitle 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—
430
(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 subtitle;
(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 2717.
SEC. 2713. 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.
431
(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 participant under this section shall not exceed
$30,000.
(3) Participants who receive scholarship assistance
under this section shall continue to receive such scholarship
payments only during such periods as the Director finds
that the recipient is maintaining satisfactory progress as
determined by the institution of higher education the recipi-
ent is attending.
(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-
432
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.
(c) USE
OF SCHOLARSHIP.—Scholarships awarded
under this under 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.
433
(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 2715,
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
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 2715; 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.
434
(2)(A) A participant who receives a scholarship or
payment under this section shall not be considered to be
in violation of the agreement entered into pursuant to para-
graph (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 the participant who has received a scholarship
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 substitute community service in a form
prescribed by the Director for the required repayment.
(C) The Director shall expeditiously seek repayment
from a participant who violates an agreement described in
paragraph (1).
(e) DEPENDENT CHILD.—(1) A dependent child of an
individual referred to in paragraph (2) shall be entitled to
the scholarship assistance authorized in this section for any
course of study in any accredited institution of higher edu-
cation. Such dependent child shall not incur any repayment
obligation in exchange for the scholarship assistance pro-
vided in this section.
435
(2) For purposes of paragraph (1), an individual is
a law enforcement officer—
(A) who is a member of a State or local police
force or is a Federal criminal investigator or uni-
formed police officer;
(B) who is not a participant in the Police Corps
program, but who serves in a State for which the Di-
rector has approved a State Police Corps plan; and
(C) who is killed in the course of performing po-
lice duties.
(f) APPLICATION.—Each participation desiring a
scholarship or payment under this section shall submit an
application as prescribed by the Director in such manner
and accompanied by such information as the Director may
reasonably require.
SEC. 2714. 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;
436
(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 2717
(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 applicant 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 a good character and demonstrate sincere
motivation and dedication to law enforcement and
public service;
(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
437
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 title, up to 10 percent of the applicants
accepted into a State Police Corps program may be persons
who—
(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 2716, and such a participant
shall be subject to the same benefits and obligations under
438
this subtitle as other participants, including those stated
in subsection (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 2716, such as for purposes of determining
such a participant’s pay and other benefits, rank, and ten-
ure.
(3) It is the intent of this subtitle 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 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
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
439
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
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
440
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. 2715. POLICE CORPS TRAINING.
(a) IN GENERAL.—(1) The Director shall establish
programs of training for State Police Corps participants.
Such programs may be carried out at up to 3 training cen-
ters established for this purpose and administered by the
Director, or by contracting with existing State training fa-
cilities. The Director shall contract with a State training
facility upon request of such facility if the Director deter-
mines that such facility offers a course of training substan-
tially equivalent to the Police Corps training program de-
scribed in this subtitle.
(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-
441
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.
(c) FURTHER TRAINING.—The 16 weeks of State 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 2717 shall include
assurances that following completion of a participant’s
442
course of education each participant shall receive appro-
priate additional 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 State Police Corps training, shall be counted to-
ward fulfillment of the participant’s 4-year service obliga-
tion.
(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
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. 2716. SERVICE OBLIGATION.
(a) SWEARING IN.—Upon satisfactory completion of
the participant’s course of education and training program
443
established in section 2715 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 2713, the Director may, upon a showing of
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 2713(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
444
result in denial of educational assistance under section
2713, 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 2713(d)(1)(B)(iii) shall not apply.
SEC. 2717. 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 2714;
(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—
(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;
445
(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
(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;
446
(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 State 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. 2718. ASSISTANCE TO STATES AND LOCALITIES EM-
PLOYING POLICE CORPS OFFICERS.
Each jurisdiction directly employing State Police
Corps participants during the 4-year term of service pre-
scribed by section 2716 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—
447
(A) whose average size, in the year for
which payment is to be made, not counting State
Police Corps participants assigned under section
2715, has declined more than 2 percent since
January 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 State Police Corps participant for years of
service after the completion of the term of service pre-
scribed in section 2716.
SEC. 2719. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this subtitle—
(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 the
fiscal years 1997, 1998, and 1999.
SEC. 2720. 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—
448
(1) state the number of current and past partici-
pants in the State Police Corps program, broken
down according to the levels of educational study in
which they are engaged and years of service they have
served on police forces (including service following
completion of the 4-year service obligation);
(2) describe the geographic, racial, and gender
dispersion of participants in the State Police Corps
program; and
(3) describe the progress of the State Police
Corps program and make recommendations for
changes in the program.
Subtitle B—Law Enforcement
Scholarship Program
SEC. 2731. ALLOTMENT.
From amounts appropriated under section 2739, 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 subtitle in the State
compared to the shortage of law enforcement personnel
449
and the need for assistance under this subtitle in all
States.
SEC. 2732. ESTABLISHMENT OF PROGRAM.
(a) USE OF ALLOTMENT.—
(1) IN GENERAL.—A State that receives an allot-
ment pursuant to section 2731 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
(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;
450
(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 2731
the Federal share of the cost of the activities described
in the application submitted pursuant to section
2735.
(2) FEDERAL SHARE.—The Federal share shall
not exceed 60 percent.
(3) NON-FEDERAL
SHARE.—The non-Federal
share of the cost of scholarships and student employ-
ment provided under this subtitle 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 subtitle and shall, in consulta-
tion with the Assistant Secretary for Postsecondary Edu-
cation, issue rules to implement this subtitle.
(d) ADMINISTRATIVE EXPENSES.—A State that re-
ceives an allotment under section 2731 may reserve not
451
more than 8 percent of the allotment for administrative
expenses.
(e) SPECIAL RULE.—A State that receives an allot-
ment under section 2731 shall ensure that each scholarship
recipient under this subtitle be compensated at the same
rate of pay and benefits and enjoy the same rights under
applicable 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 scholar-
ship recipient is a member.
(f) SUPPLEMENTATION OF FUNDING.—Funds received
under this subtitle shall only be used to supplement, and
not to supplant, Federal, State, or local efforts for recruit-
ment and education of law enforcement personnel.
SEC. 2733. SCHOLARSHIPS.
(a) PERIOD OF AWARD.—Scholarships awarded under
this subtitle shall be for a period of 1 academic year.
(b) USE OF SCHOLARSHIPS.—Each individual award-
ed a scholarship under this subtitle may use the scholarship
for educational expenses at an institution of higher edu-
cation.
SEC. 2734. ELIGIBILITY.
(a) SCHOLARSHIPS.—A person shall be eligible to re-
ceive a scholarship under this subtitle if the person has been
452
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 subtitle.
SEC. 2735. STATE APPLICATION.
(a) IN GENERAL.—Each State desiring an allotment
under section 2731 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 subtitle is sought;
(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 subtitle;
(3) contain assurances that the State will adver-
tise the scholarship assistance and student employ-
453
ment it will provide under this subtitle 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 subtitle;
(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 enforce-
ment;
(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 subtitle;
(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;
454
(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. 2736. LOCAL APPLICATION.
(a) IN GENERAL.—A person who desires a scholarship
or employment under this subtitle 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—
(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 subtitle, 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
455
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. 2737. SCHOLARSHIP AGREEMENT.
(a) IN GENERAL.—A person who receives a scholarship
under this subtitle 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)
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;
456
(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 subtitle 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.
(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. 2738. DEFINITIONS.
For purposes of this subtitle—
(1) the term ‘‘Director’’ means the Director of the
Bureau of Justice Assistance;
457
(2) the term ‘‘educational expenses’’ means ex-
penses 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 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;
(3) the term ‘‘institution of higher education’’
has the meaning stated in the first sentence of section
1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a));
(4) the term ‘‘law enforcement position’’ means
employment as an officer in a State or local police
force or correctional institution; and
(5) the term ‘‘State’’ means a State of the United
States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands of the United
States, American Samoa, Guam, and the Common-
wealth of the Northern Mariana Islands.
SEC. 2739. AUTHORIZATION OF APPROPRIATIONS.
(a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—
There are authorized to be appropriated to carry out this
458
subtitle $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 2732(a)(1)(A); and
(2) 20 percent shall be available to provide em-
ployment described in sections 2732(a)(1)(B) and
2732(a)(2).
TITLE XXVIII—NATIONAL STALK-
ER AND DOMESTIC VIOLENCE
REDUCTION
SEC. 2801. AUTHORIZING ACCESS TO FEDERAL CRIMINAL
INFORMATION DATABASES.
(a) ACCESS.—The Attorney General shall amend exist-
ing regulations (published at 28 C.F.R. 20.33(a)) to author-
ize the dissemination of information from existing national
crime information databases, including the National Crime
Information Center and III (‘‘Triple I’’), to courts and
court personnel, civil or criminal, for use in domestic vio-
lence or stalking cases. Nothing in this subsection shall be
construed to permit any person or court access to criminal
history record information for any other purpose or for any
other civil case other than for use in a stalking or domestic
violence case.
459
(b) ENTRY.—The Attorney General shall amend exist-
ing regulations to permit Federal and State criminal jus-
tice agencies, assigned to input information into national
crime information databases, to include arrests, warrants,
and orders for the protection of parties from stalking or
domestic violence, whether issued by a criminal, civil, or
family court. Such amendment shall include a definition
of criminal history information that covers warrants, ar-
rests, and orders for the protection of parties from stalking
or domestic violence. Nothing in this subsection shall be con-
strued to permit access to such information for any purpose
which is different than the purposes described in subsection
(a).
(c) PROCEDURES.—The regulations required by sub-
section (a) shall be proposed no later than 90 days after
the date of enactment of this Act, after appropriate con-
sultation with the Director of the Federal Bureau of Inves-
tigation, the officials charged with managing the National
Crime Information Center, and the National Crime Infor-
mation Center Advisory Policy Board. Final regulations
shall be issued no later than 180 days after the date of the
enactment of this Act.
SEC. 2802. NONSERIOUS OFFENSE BAR.
The Attorney General shall amend existing regulations
to specify that the term ‘‘nonserious offenses’’, as used in
460
28 C.F.R. 20.32, does not include stalking or domestic vio-
lence offenses. Nothing in this section is intended to change
current regulations requiring that juvenile offenses shall be
excluded from national crime information databases unless
the juvenile has been tried as an adult.
SEC. 2803. PERFORMANCE GRANT PROGRAM.
(a) IN GENERAL.—The Attorney General, through the
Director of the Bureau of Justice Assistance, is authorized
to provide performance grants to the States to improve
processes for entering data about stalking and domestic vio-
lence into national crime information databases.
(b) ELIGIBILITY.—Eligible grantees under subsection
(a) are States that provide, in their application, that all
criminal justice agencies within their jurisdiction shall
enter into the National Crime Information Center all
records of (1) warrants for the arrest of persons violating
civil protection orders intended to protect victims from
stalking or domestic violence; (2) arrests of persons violat-
ing civil protection orders intended to protect victims from
stalking or domestic violence; and (3) orders for the protec-
tion of persons from violence, including stalking and domes-
tic violence.
(c) PERFORMANCE-BASED
DISTRIBUTION.—Eligible
grantees under subsection (a) shall be awarded 25 percent
of their grant moneys upon application approval as ‘‘seed
461
money’’ to cover start-up costs for the project funded by the
grant. Upon successful completion of the performance audit
provided in subsection (d), the grantees shall be awarded
the remaining sums in the grant.
(d) PERFORMANCE AUDIT.—Within 6 months after the
initial 25 percent of a grant is provided, the State shall
report to the Federal Bureau of Investigation and the Bu-
reau of Justice Assistance, the number of records included
in national crime information databases as a result of the
grant funding, including separate data for warrants, ar-
rests, and protective orders. If the State can show a substan-
tial increase in the number of records entered, then it shall
be eligible for the entire amount. However, the Director
shall suspend funding for an approved application if an
applicant fails to submit a 6 month performance report or
if funds are expended for purposes other than those set forth
under this title. Federal funds may be used to supplement,
not supplant, State funds.
(e) GRANT AMOUNT.—From amounts appropriated,
the amount of grants under subsection (a) shall be—
(1) $75,000 to each State; and
(2) that portion of the then remaining available
money to each State that results from a distribution
among the States on the basis of each State’s popu-
lation in relation to the population of all States.
462
SEC. 2804. APPLICATION REQUIREMENTS.
The application requirements provided in section 513
of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) shall apply to grants made under
this title. In addition, applications shall include docu-
mentation showing—
(1) the need for grant funds and that State fund-
ing does not already cover these operations;
(2) intended use of the grant funds, including a
plan of action to increase record input; and
(3) an estimate of expected results from the use
of the grant funds.
SEC. 2805. DISBURSEMENT.
(a) GENERAL RULE.—No later than 30 days after the
receipt of an application under this title, the Director shall
either disburse the appropriate sums provided for under
this title or shall inform the applicant why the application
does not conform to the terms of section 513 of the Omnibus
Crime Control and Safe Streets Act of 1968 or to the re-
quirements of section 2804 of this title.
(b) REGULATIONS.—In disbursing moneys under this
title, the Director of the Bureau of Justice Assistance shall
issue regulations to ensure that grantees give priority to
the areas with the greatest showing of need.
463
SEC. 2806. FEDERAL NONMONETARY ASSISTANCE.
In addition to the assistance provided under the per-
formance grant program, the Attorney General may direct
any Federal agency, with or without reimbursement, to use
its authorities and the resources granted to it under Federal
law (including personnel, equipment, supplies, facilities,
and managerial, technical, and advisory services) in sup-
port of State and local law enforcement efforts to combat
stalking and domestic violence.
SEC. 2807. AUTHORIZATION.
There are authorized to be appropriated for each of
the fiscal years 1994, 1995, and 1996, $2,000,000 to carry
out the purposes of the Performance Grant Program under
this title.
SEC. 2808. TRAINING PROGRAMS FOR JUDGES.
The National Institute of Justice, in conjunction with
a nationally recognized nonprofit organization expert in
stalking and domestic violence cases, shall conduct training
programs for judges to ensure that any judge issuing an
order in stalking or domestic violence cases has all available
criminal history and other information, whether from State
or Federal sources.
SEC. 2809. RECOMMENDATIONS ON INTRASTATE COMMU-
NICATION.
The National Institute of Justice, after consulting a
nationally recognized nonprofit associations expert in data
464
sharing among criminal justice agencies and familiar with
the issues raised in stalking and domestic violence cases,
shall recommend proposals about how State courts may in-
crease intrastate communication between family courts, ju-
venile courts, and criminal courts.
SEC. 2810. INCLUSION IN NATIONAL INCIDENT-BASED RE-
PORTING SYSTEM.
Not later than 2 years after the date of enactment of
this Act, the Attorney General, in coordination with the
Federal Bureau of Investigation and the States, shall com-
pile data regarding stalking civil protective orders and
other forms of domestic violence as part of the National In-
cident-Based Reporting System (NIBRS).
SEC. 2811. REPORT TO CONGRESS.
The Attorney General shall submit to the Congress an
annual report, beginning one year after the date of the en-
actment of this Act, that reports information on the inci-
dence of stalking and other forms of domestic violence, and
evaluates the effectiveness of State anti-stalking efforts and
legislation.
SEC. 2812. DEFINITIONS.
As used in this title—
(1) the term ‘‘national crime information
databases’’ refers to the National Crime Information
465
Center 
and 
its 
incorporated 
criminal 
history
databases, including III (‘‘Triple I’’);
(2) the term ‘‘stalking’’ includes any conduct
that would, if proven, justify the issuance of an order
of protection under the stalking, or other, laws of the
State in which it occurred; and
(3) the term ‘‘domestic violence’’ includes any
conduct that would, if proven, justify the issuance of
an order of protection under the domestic violence, or
other, laws of the State in which it occurred.
TITLE XXIX—PROTECTING THE
PRIVACY OF INFORMATION IN
STATE 
MOTOR 
VEHICLE
RECORDS
SEC. 2901. SHORT TITLE.
This title may be cited as the ‘‘Driver’s Privacy
Protection Act of 1994’’.
SEC. 2902. PROHIBITION ON RELEASE AND USE OF CERTAIN
PERSONAL 
INFORMATION 
FROM 
STATE
MOTOR VEHICLE RECORDS.
(A) IN GENERAL.—Title 18, United States Code, is
amended by inserting after chapter 121 the following:
466
‘‘CHAPTER 
123—PROHIBITION 
ON 
RE-
LEASE AND USE OF CERTAIN PER-
SONAL INFORMATION FROM STATE
MOTOR VEHICLE RECORDS
‘‘§ 2721. Prohibition on release and use of certain per-
sonal information from State motor vehi-
cle records
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), a State department of motor vehicles, and any officer,
employee, or contractor, thereof, shall not knowingly dis-
close or otherwise make available to any person or entity
personal information about any individual obtained by the
department in connection with a motor vehicle record.
‘‘(b) PERMISSIBLE USES.—Personal information re-
ferred to in subsection (a) of this section shall be disclosed
for paragraphs (1) and (2) to carry out the purpose of the
Automobile Information Disclosure Act, the Motor Vehicle
Information and Cost Saving Act, the National Traffic and
Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act
of 1992, and the Clean Air Act, and may be disclosed for
paragraphs (3) through (14), as follows:
‘‘(1) For use by any Federal, State, or local
agency, including any court or law enforcement agen-
cy, in carrying out its functions, or any private per-
467
son or entity acting on behalf of a Federal, State, or
local agency in carrying out its functions.
‘‘(2) For use in connection with matters of motor
vehicle or driver safety and theft, motor vehicle emis-
sions, motor vehicle product alteration, recall or advi-
sory, and motor vehicle customer satisfaction.
‘‘(3) For use in the normal course of business by
a legitimate business or its agents, employees, or con-
tractors, but only—
‘‘(A) to verify the accuracy of personal in-
formation submitted by the individual to the
business or its agents, employees, or contractors;
and
‘‘(B) if such information as so submitted is
not correct or is no longer correct, to obtain the
correct information, but only for the purposes of
preventing fraud by, pursuing legal remedies
against, or recovering on a debt or security in-
terest against, the individual.
‘‘(4) For use in connection with any civil, crimi-
nal, administrative, or arbitral proceeding in any
Federal, State, or local court or agency or before any
self-regulatory body, including the service of process,
investigation in anticipation of litigation, and the
execution or enforcement of judgments and orders, or
468
pursuant to an order of a Federal, State, or local
court.
‘‘(5) For use in research activities, including
survey research, and for use in producing statistical
reports, provided that the personal information is not
published or redisclosed and provided that the per-
sonal information is not used to direct solicitations or
marketing offers at the individuals whose personal in-
formation is disclosed under this paragraph.
‘‘(6) For use by any insurer or insurance sup-
port organization, or by a self-insured entity, or its
agents, employees, or contractors, in connection with
claims investigation activities, antifraud activities,
rating or underwriting.
‘‘(7) For the purpose of providing notice to the
owners of towed or impounded vehicles.
‘‘(8) For use by any licensed private investiga-
tive agency or licensed security service for any pur-
pose permitted under this subsection.
‘‘(9) For use by an employer or its agent or in-
surer to obtain or verify information relating to a
holder of a commercial driver’s license that is re-
quired under the Commercial Motor Vehicle Safety
Act of 1986 (49 U.S.C. App. 2710 et seq.).
469
‘‘(10) For use in connection with the operation
of private toll transportation facilities.
‘‘(11) For any other purpose in response to re-
quests for individual motor vehicle records if the
motor vehicle department has provided in a clear and
conspicuous manner to the individual to whom the
information pertains an opportunity to prohibit such
disclosures.
‘‘(12) For bulk distribution for marketing or so-
licitations if the motor vehicle department has imple-
mented methods and procedures to ensure—
‘‘(A) that individuals are provided an op-
portunity, in a clear and conspicuous manner,
to prohibit such disclosure; and
‘‘(B) that the information will be used,
rented, or sold solely for bulk distribution for
marketing and solicitations, and that such solici-
tations will not be directed at those individuals
who have requested in a timely fashion that they
not be directed at them.
‘Methods and procedures’ includes the motor vehicle
department’s use of a mail preference list to remove
from its records before bulk distribution the names
and personal information of those individuals who
470
have requested that solicitations not be directed at
them.
‘‘(13) For use by any requestor, if the requestor
demonstrates it has obtained the written consent of
the individual to whom the information pertains.
‘‘(14) For any other purpose specifically author-
ized under the law of the State that holds the record,
if such purpose is related to the operation of a motor
vehicle or public safety.
‘‘(c) RESALE OR REDISCLOSURE.—Any authorized re-
cipient of personal information may resell or redisclose the
information for any use permitted under subsection (b).
Any authorized recipient (except a recipient under sub-
sections (b) (11) or (12)) that resells or rediscloses personal
information covered by this title must keep for a period of
5 years records identifying each person or entity that re-
ceives information and the permitted purpose for which the
information will be used.
‘‘(d) WAIVER PROCEDURES.—A State motor vehicle
department may establish and carry out procedures under
which the department or its agents, upon receiving a request
for personal information that does not fall within one of
the exceptions in subsection (b), may mail a copy of the
request to the individual about whom the information was
requested, informing such individual of the request, together
471
with a statement to the effect that the information will not
be released unless the individual waives such individual’s
right to privacy under this section.
‘‘§ 2722. Additional unlawful acts
‘‘(a) PROCUREMENT FOR UNLAWFUL PURPOSE.—It
shall be unlawful for any person knowingly to obtain or
disclose personal information, from a motor vehicle record,
for any purpose not permitted under section 2721(b) of this
title.
‘‘(b) FALSE REPRESENTATION.—It shall be unlawful
for any person to make false representation to obtain any
personal information from an individual’s motor vehicle
record.
‘‘§ 2723. Criminal penalty
‘‘Any person that knowingly violates this chapter shall
be fined under this title.
‘‘§ 2724. Civil action
‘‘(a) CAUSE OF ACTION.—A person who knowingly ob-
tains, discloses or uses personal information, derived from
a motor vehicle record, for a purpose not permitted under
this chapter shall be liable to the individual to whom the
information pertains, who may bring a civil action in a
United States district court.
‘‘(b) REMEDIES.—The court may award—
472
‘‘(1) actual damages, but not less than liquidated
damages in the amount of $2,500;
‘‘(2) punitive damages upon proof of willful or
reckless disregard of the law;
‘‘(3) reasonable attorneys’ fees and other litiga-
tion costs reasonably incurred; and
‘‘(4) such other preliminary and equitable relief
as the court determines to be appropriate.
‘‘§ 2725. Definitions
‘‘As used in this chapter—
‘‘(1) the term ‘motor vehicle record’ means any
record that pertains to a motor vehicle operator’s per-
mit, motor vehicle title, motor vehicle registration, or
identification card issued by a department of motor
vehicles;
‘‘(2) the term ‘personal information’ means in-
formation that identifies an individual, including an
individual’s photograph, social security number, driv-
er identification number, name, address (but not the
5-digit zip code), telephone number, and medical or
disability information, but such term does not include
information on vehicular accidents, driving viola-
tions, and driver’s status; and
473
‘‘(3) the term ‘person’ means an individual, or-
ganization or entity, but does not include a State or
agency thereof.’’.
(b) CLERICAL AMENDMENT.—The table of chapters at
the beginning of part I of title 18, United States Code, is
amended by adding at the end the following new item:
‘‘123. Prohibition on release and use of certain personal information from
State motor vehicle records ................................................
2271’’
SEC. 2903. EFFECTIVE DATE.
This title shall take effect 3 years after the date of en-
actment. In the interim, personal information covered by
this title may be released consistent with State law or prac-
tice.
TITLE XXX—MISCELLANEOUS
Subtitle A—Display of Flags at Half
Staff
SEC. 3001. DISPLAY OF FLAGS AT HALF STAFF.
(a) PUBLIC LAW 87–726.—The first section of Public
Law 87–726 (36 U.S.C. 167) is amended—
(1) by striking ‘‘(2)’’ and inserting ‘‘(3)’’;
(2) by inserting after clause (1) the following
new clause: ‘‘(2) directing the officials of the Govern-
ment to display at half-staff the flag of the United
States on all Government buildings on such day, as
provided by section 3(m) of the Act of June 22, 1942
(Chapter 435; 56 Stat. 377; 36 U.S.C. 175),’’;
474
(3) by striking ‘‘(3)’’ and inserting ‘‘(4)’’; and
(4) by inserting in paragraph (4) ‘‘, including
the display at half-staff of the flag of the United
States’’ after ‘‘activities’’.
(b) ACT OF JUNE 22, 1942.—Section 3(m) of the Act
of June 22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C.
175) is amended by inserting ‘‘The flag shall be flown at
half-staff on Peace Officers Memorial Day, unless that day
is also Armed Forces Day.’’ after ‘‘a Member of Congress.’’.
Subtitle B—Sense of Congress With
Respect 
to 
Violence 
Against
Truckers
SEC. 3005. SENSE OF CONGRESS WITH RESPECT TO VIO-
LENCE AGAINST TRUCKERS.
(a) FINDINGS.—Congress finds that—
(1) there are 8,000,000 workers in the trucking
industry in the United States, some working for large
carriers and some for small carriers, some for private
carriers and some owner operators, all assisting the
free flow commerce by transporting all types of com-
modities that enter, leave, or move within this coun-
try;
(2) unemployment, crime, and drug use have
contributed to an increase of violence against com-
475
mercial truckers, an increase that has gone unrecog-
nized by the public at large;
(3) few State or local authorities report violent
crimes against truckers as such to the Federal Bureau
of Investigation, statistics do not reflect this fast-
growing and increasingly violent segment of crime;
(4) the Federal Bureau of Investigation inves-
tigated 282 truck hijackings involving crimes of vio-
lence in 1993, not including attempted crimes and
crimes addressed by State, county, and local authori-
ties;
(5) the Federal Government in large measure fi-
nances the highway system the trucking industry
uses, collecting large sums in taxes from the industry,
and licenses and regulates the industry and its driv-
ers, entailing a concomitant responsibility to protect
them against crime; and
(6) Federal law provides protections to truckers
in among others, sections 33 and 1951 of title 18,
United States Code, but currently Federal prosecu-
tions are not undertaken unless certain monetary
thresholds of loss are met.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that—
476
(1) when there is Federal jurisdiction, Federal
authorities should prosecute to the fullest extent of the
law murders, rapes, burglaries, kidnappings and as-
saults committed against commercial truckers; and
(2) appropriate Federal agencies should acknowl-
edge this problem and place a priority on evaluating
how best to prevent these crimes and apprehend those
involved, and continue to coordinate their activities
with multi-jurisdictional authorities to combat violent
crimes committed against truckers.
Subtitle C—Financial Institution
Fraud
SEC. 3011. FINANCIAL INSTITUTION FRAUD.
Section 528 of Public Law 101–509, approved Novem-
ber 5, 1990, is amended by striking ‘‘with the authority
of the Resolution Trust Corporation or its successor’’ at the
end of subsection (b)(2) and inserting ‘‘on December 31,
2004’’.
Subtitle D—Authorization of
Appropriations
SEC. 3016. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the activi-
ties of the Bureau of Alcohol, Tobacco and Firearms, the
United States Customs Service, the Financial Crimes En-
forcement Network, the Federal Law Enforcement Training
477
Center, the Criminal –Investigation Division of the Inter-
nal Revenue Service, and the United States Secret Service,
in addition to sums authorized elsewhere in this Act, not
to exceed $210,000,000 for each of the fiscal years 1995,
1996, 1997, 1998, and 1999 to help meet the Department
of the Treasury’s increased law enforcement activities.
Subtitle E—Conversion of Closed
Military Installations
SEC. 3021. CONVERSION OF THREE CLOSED MILITARY IN-
STALLATIONS INTO FEDERAL PRISON FACILI-
TIES.
(a) STUDY OF SUITABLE BASES.—The Secretary of
Defense and the Attorney General shall jointly conduct a
study of all military installations selected before the date
of the enactment of this Act to be closed pursuant to a base
closure law for the purpose of evaluating the suitability of
any of these installations, or portions of these installations,
for conversion into Federal prison facilities. As part of the
study, the Secretary and the Attorney General shall identify
the three military installations so evaluated that are most
suitable for conversion into Federal prison facilities.
(b) SUITABILITY FOR CONVERSION.—In evaluating the
suitability of a military installation for conversion into a
Federal prison facility, the Secretary of Defense and the
Attorney General shall consider the estimated cost to convert
478
the installation into a prison facility, the proximity of the
installation to overcrowded Federal and State prison facili-
ties, and such other factors as the Secretary and the Attor-
ney General consider to be appropriate.
(c) TRANSFER
TO ATTORNEY GENERAL.—Notwith-
standing any other provision of law regarding disposal of
military installations selected to be closed pursuant to a
base closure law, the Secretary of Defense shall transfer,
without reimbursement, jurisdiction over the three installa-
tions identified under subsection (a) to the Attorney Gen-
eral for conversion into Federal prison facilities. The Fed-
eral prison facilities established using these installations
shall be designed to incarcerate persons convicted of a Fed-
eral violent felony. Upon a space available basis, the Attor-
ney General may accept transfers from overcrowded State
prisons if the persons to be transferred had previously been
convicted of a Federal violent felony or are serving a sen-
tence of more than 20 years.
(d) TIME FOR STUDY.—The study required by sub-
section (a) shall be completed not later than 180 days after
the date of the enactment of this Act.
(e) DEFINITIONS.—For purpose of this section:
(1) The term ‘‘base closure law’’ means—
479
(A) The Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note); or
(B) Title II of the Defense Authorization
Amendments and Base Closure and Realignment
Act (Public Law 100–526; 10 U.S.C. 2687 note).
(2) The term ‘‘violent felony’’ has the meaning
given that term in section 3581(c)(2) of title 18,
United States Code.
SUBTITLE F—COMMISSION MEM-
BERSHIP AND APPOINTMENT
SEC. 3026. COMMISSION MEMBERSHIP AND APPOINTMENT.
(a) MEMBERSHIP.—Section 211(B)(f) of Public Law
101–515 (104 Stat. 2123) is amended to read as follows:
‘‘(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed of 25 members as follows:
‘‘(1) Seven individuals appointed from national
law enforcement organizations representing law en-
forcement officers, of whom—
‘‘(A) two shall be appointed by the Speaker
of the House of Representatives;
‘‘(B) two shall be appointed by the majority
leader of the Senate;
‘‘(C) one shall be appointed by the minority
leader of the House of Representatives;
480
‘‘(D) one shall be appointed by the minority
leader of the Senate; and
‘‘(E) one shall be appointed by the Presi-
dent.
‘‘(2) Seven individuals appointed from national
law enforcement organizations representing law en-
forcement management, of whom—
‘‘(A) two shall be appointed by the Speaker
of the House of Representatives;
‘‘(B) two shall be appointed by the majority
leader of the Senate;
‘‘(C) one shall be appointed by the minority
leader of the House of Representatives;
‘‘(D) one shall be appointed by the minority
leader of the Senate; and
‘‘(E) one shall be appointed by the Presi-
dent.
‘‘(3) Two individuals appointed with academic
expertise 
regarding 
law 
enforcement 
issues, 
of
whom—
‘‘(A) one shall be appointed by the Speaker
of the House of Representatives and the majority
leader of the Senate; and
481
‘‘(B) one shall be appointed by the minority
leader of the Senate and the minority leader of
the House of Representatives.
‘‘(4) Two Members of the House of Representa-
tives, appointed by the Speaker and the minority
leader of the House of Representatives.
‘‘(5) Two Members of the Senate, appointed by
the majority leader and the minority leader of the
Senate.
‘‘(6) One individual involved in Federal law en-
forcement from the Department of the Treasury, ap-
pointed by the President.
‘‘(7) One individual from the Department of
Justice, appointed by the President.
‘‘(8) One individual representing a State or local
governmental entity, such as a Governor, mayor, or
State attorney general, to be appointed by the major-
ity leader of the Senate.
‘‘(9) One individual representing a State or local
governmental entity, such as a Governor, mayor, or
State attorney general, to be appointed by the Speak-
er of the House of Representatives.
‘‘(10) One individual representing a State or
local governmental entity, such as a Governor, mayor,
482
or State attorney general, to be appointed by the
President.’’.
(b) REPORT.—Section 211(B)(p) of Public Law 101–
515 (104 Stat. 2124) is amended by striking ‘‘the expira-
tion’’ and all that follows through ‘‘this Act,’’ and inserting
‘‘March 31, 1996,’’.
SEC. 3027. CONFORMING AMENDMENT.
Section 3404(a) of Public Law 101–647 (42 U.S.C.
3721 note) is repealed.
Subtitle G—Explosives Crime
Penalties
SEC. 3031. ENHANCED PENALTY FOR SECOND OFFENSE OF
USING AN EXPLOSIVE TO COMMIT A FELONY.
Pursuant to its authority under section 994 of title
28, United States Code, the United States Sentencing Com-
mission shall promulgate amendments to the sentencing
guidelines to appropriately enhance penalties in a case in
which a defendant convicted under section 844(h) of title
18, United States Code, has previously been convicted under
that section.
SEC. 3032. THEFT OF EXPLOSIVES.
Section 844 of title 18, United States Code, is amended
by adding at the end the following:
‘‘(k) A person who steals any explosives materials
which are moving as, or are a part of, or which have moved
483
in, interstate or foreign commerce shall be imprisoned for
not more than 10 years, fined under this title, or both.’’.
SEC. 3033. POSSESSION OF EXPLOSIVES BY FELONS AND
OTHERS.
Section 842(i) of title 18, United States Code, is
amended by inserting ‘‘or possess’’ after ‘‘to receive’’.
SEC. 3034. THEFT OF EXPLOSIVES FROM LICENSEE.
Section 844 of title 18, United States Code, as amend-
ed by section 3032 of this Act, is amended by adding at
the end the following:
‘‘(l) A person who steals any explosive material from
a licensed importer, licensed manufacturer, licensed dealer,
or permittee shall be fined under this title, imprisoned not
more than 10 years, or both.’’.
SEC. 3035. DISPOSING OF EXPLOSIVES TO PROHIBITED
PERSONS.
Section 842(d) of title 18, United States Code, is
amended by striking ‘‘licensee’’ and inserting ‘‘person’’.
Subtitle H—Traveler Protection
SEC. 3041. AUTHORITY TO INVESTIGATE VIOLENT CRIMES
AGAINST TRAVELERS .
(a) Chapter 33 of title 28, United States Code, is
amended by adding at the end the following:
484
‘‘§ 540A. Investigation of violent crimes against travel-
ers
‘‘(a) Upon the request of an appropriate law enforce-
ment official of a State or political subdivision, the Attor-
ney General and the Federal Bureau of Investigation may
assist in the investigation of a felony crime of violence in
violation of the law of any State in which the victim ap-
pears to have been selected because he or she is a traveler.
In a case in which the traveler is from a foreign nation,
the Department of Justice and, where appropriate, the De-
partment of State shall assist the prosecuting and law en-
forcement officials of a State or political subdivision to the
fullest extent possible in securing from abroad such evidence
or other information as may be needed for the effective in-
vestigation and prosecution of the crime.
‘‘(b) For purpose of this section—
‘‘(1) the term ‘felony crime of violence’ means an
offense punishable by more than one year in prison
that has as an element the use, attempted use, or
threatened use of physical force against the person of
another;
‘‘(2) and for purposes of section 540, the term
‘State’ means a State of the United States, the Dis-
trict of Columbia, and any commonwealth, territory,
or possession of the United States; and
485
‘‘(3) the term ‘traveler’ means a person who is
not a resident of the State in which the crime of vio-
lence occurred.’’.
(b) The chapter analysis for chapter 33 of title 28,
United States Code, is amended by adding at the end the
following:
‘‘540A. Investigation of violence crimes against travelers.’’.
Subtitle I—Study and Report by
Attorney General
SEC. 3046. STUDY AND REPORT BY ATTORNEY GENERAL.
(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this section, the Attorney General
shall make a study and submit a report of the results of
that study to the Congress. Such study shall—
(1) address how to ease the overcrowding at tra-
ditional style prisons by allowing for the processing
of new convicts and the housing of non-violent, elder-
ly, and short-term Federal, State, and local inmates
in prefabricated, temporary, or portable structures
within a secure area; and
(2) determine what legal requirements may exist
on the use of such structures for these purposes and
suggest legislative measures or other appropriate ac-
tions to modify or eliminate those requirements.
(b) ACTION BY THE ATTORNEY GENERAL.—Not later
than 2 years after the report referred to in subsection (a)
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is submitted to the Congress, the Attorney General shall im-
plement the actions recommended in the report.
Subtitle J—Edward Byrne
Memorial Formula Grant Program
SEC. 3048. EDWARD BYRNE MEMORIAL FORMULA GRANT
PROGRAM.
Nothing in this Act shall be construed to prohibit or
exclude the expenditure of appropriations to grant recipi-
ents who would have been or are eligible to receive grants
under subpart 1 of part E of the Omnibus Crime Control
and Safe Streets Act of 1968.
Subtitle K—Penalties for Traffick-
ing in Counterfeit Goods and
Services
SEC. 3051. PENALTIES FOR TRAFFICKING IN COUNTERFEIT
GOODS AND SERVICES.
Section 2320(a) of title 18, United States Code, is
amended—
(1) in the first sentence—
(A) by striking ‘‘$250,000 or imprisoned
not more than five years’’ and inserting
‘‘$2,000,000 or imprisoned not more than 10
years’’; and
(B) by striking ‘‘$1,000,000’’ and inserting
‘‘$5,000,000’’;
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(2) in the second sentence—
(A) by striking ‘‘$1,000,000 or imprisoned
not more than fifteen years’ and inserting
‘‘$5,000,000 or imprisoned not more than 20
years’’; and
(B) by striking ‘‘$5,000,000’’ and inserting
‘‘$15,000,000’’.
Subtitle L—Military Medals and
Decorations
SEC. 3056. MILITARY MEDALS AND DECORATIONS.
Section 704 of title 18, United States Code, is amend-
ed—
(1) by inserting ‘‘(a)’’ before ‘‘Whoever’’;
(2) by striking ‘‘not more than $250’’ and insert-
ing ‘‘under this title’’; and
(3) by adding at the end the following:
‘‘(b)(1) If the decoration or medal involved in an of-
fense under subsection (a) of this section is a Congressional
Medal of Honor, in lieu of the punishment provided in such
subsection the offender shall be fined under this title or im-
prisoned not more than one year, or both.
‘‘(2) As used in subsection (a) of this section with re-
spect to a Congressional Medal of Honor, the term ‘sells’
includes trades, barters, or exchanges for anything of value.
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‘‘(3) As used in this subsection, the ‘Congressional
Medal of Honor’ is a medal awarded under section 3741
of title 10.’’.
Subtitle M—Age Discrimination in
Employment
SEC. 
3061. 
REENACTMENT 
OF 
SUBSECTION 
WITH 
AN
AMENDMENT.
(a) REENACTMENT.—Section 4(j) of the Age Discrimi-
nation in Employment Act of 1967 (29 U.S.C. 623(j)) as
in effect immediately before December 31, 1993, is hereby
reenacted.
(b) AMENDMENT.—Section 4(j) of the Age Discrimina-
tion in Employment Act of 1967 (29 U.S.C. 623(j)), as re-
enacted by subsection (a) of this section, is amended by
striking ‘‘attained the age’’ and all that follows through
‘‘1983, and’’, and inserting the following:
‘‘attained—
‘‘(A) the age of hiring or retirement in effect
under applicable State or local law on March 3,
1983; or
‘‘(B) if the age of retirement was not in ef-
fect under applicable State or local law on
March 3, 1983, 55 years of age; and’’.
(c) RETROACTIVITY.—Subsections (a) and (b) shall
take effect immediately after the operation of section 3(b)
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of the Age Discrimination in Employment Amendments of
1986 (Public Law 99–592; 29 U.S.C. 523 note).
SEC. 3062. STUDY AND GUIDELINES FOR PERFORMANCE
TESTS.
(a) STUDY.—Not later than 3 years after the date of
enactment of this Act, the Chairman of the Equal Employ-
ment Opportunity Commission (in this section referred to
as ‘‘the Chairman’’) shall conduct, directly or by contract,
a study that will include—
(1) a list and description of all tests available
for the assessment of abilities important for comple-
tion of public safety tasks performed by law enforce-
ment officers and firefighters,
(2) a list of such public safety tasks for which
adequate tests do not exist,
(3) a description of the technical characteristics
that performance tests must meet to be compatible
with applicable Federal civil rights Acts and policies,
(4) a description of the alternative methods
available for determining minimally acceptable per-
formance standards on the tests described in para-
graph (1),
(5) a description of the administrative standards
that should be met in the administration, scoring,
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and score interpretation of the tests described in
paragraph (1), and
(6) an examination of the extent to which the
tests described in paragraph (1) are cost effective,
safe, and comply with Federal civil rights Acts and
regulations.
(b) ADVISORY GUIDELINES.—Not later than 4 years
after the date of enactment of this Act, the Chairman shall
develop and issue, based on the results of the study required
by subsection (a), advisory guidelines for the administra-
tion and use of physical and mental fitness tests to measure
the ability and competency of law enforcement officers and
firefighters to perform the requirements of their jobs.
(c) CONSULTATION REQUIREMENT; OPPORTUNITY FOR
PUBLIC COMMENT.—(1) The Chairman shall, during the
conduct of the study required by subsection (a), consult
with—
(A) the United States Fire Administration,
(B) the Federal Emergency Management Agency,
(C) organizations that represent law enforcement
officers, firefighters, and their employers, and
(D) organizations that represent older individ-
uals.
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(2) Before issuing the advisory guidelines required in
subsection (b), the Chairman shall allow for public comment
on the proposed guidelines.
(d) DEVELOPMENT OF STANDARDS FOR WELLNESS
PROGRAMS.—Not later than 2 years after the date of the
enactment of this Act, the Chairman shall propose advisory
standards for wellness programs for law enforcement officers
and firefighters.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$5,000,000.
Subtitle N—Prison Security
Enhancement
SEC. 3066. PRISON SECURITY.
(a) IN GENERAL.—Chapter 303 of title 18, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 4047. Strength-training of prisoners prohibited
‘‘The Bureau of Prisons shall take care that—
‘‘(1) prisoners under its jurisdiction do not en-
gage in any activities designed to increase their phys-
ical strength or their fighting ability; and
‘‘(2) that all equipment designed for this purpose
be removed from Federal correctional facilities.’’.
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(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 303 of title 18, United States Code,
is amended by adding at the end the following new item:
‘‘4047. Strength-training of prisoners prohibited.’’.
Subtitle O—Civil Rights of
Institutionalized Persons Act
SEC. 3070. EXHAUSTION REQUIREMENT.
Section 8 of the Civil Rights of Institutionalized Per-
sons Act (42 U.S.C. 1997e) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘in any action brought’’
and inserting ‘‘no action shall be brought’’;
(ii) by striking ‘‘the court shall’’ and
all that follows through ‘‘require exhaustion
of’’ and insert ‘‘until’’; and
(iii) by inserting ‘‘are exhausted’’ after
‘‘available’’; and
(B) in paragraph (2), by inserting ‘‘or are
otherwise fair and effective’’ before the period at
the end.
SEC. 3071. FRIVOLOUS ACTIONS.
Section 8(a) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(a)) is amended by adding
at the end the following:
493
‘‘(3) The court shall on its own motion or on mo-
tion of a party dismiss any action brought pursuant
to section 1979 of the Revised Statutes of the United
States by an adult convicted of a crime and confined
in any jail, prison, or other correctional facility if the
court is satisfied that the action fails to state a claim
upon which relief can be granted or is frivolous or
malicious.
SEC. 3072. MODIFICATION OF REQUIRED MINIMUM STAND-
ARDS.
Section 8(b)(2) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(b)(2)) is amended by striking
subparagraph (A) and redesignating subparagraphs (B)
through (E) as subparagraphs (A) through (D), respec-
tively.
SEC. 
3073. 
REVIEW 
AND 
CERTIFICATION 
PROCEDURE
CHANGES.
Section 8(c) of the Civil Rights of Institutionalized
Persons Act (42 U.S.C. 1997e(c)) is amended—
(1) in paragraph (1), by inserting ‘‘or are other-
wise fair and effective’’ before the period at the end;
and
(2) in paragraph (2), by inserting ‘‘or is no
longer fair and effective’’ before the period at the end.
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SEC. 3074. PROCEEDINGS IN FORMA PAUPERIS.
(a) DISMISSAL.—Section 1915(d) of title 28, United
States Code, is amended—
(1) by inserting ‘‘at any time’’ after ‘‘counsel
and may’’; and
(2) by striking ‘‘and may’’ and inserting ‘‘and
shall’’;
(3) by inserting ‘‘fails to state a claim upon
which relief may be granted or’’ after ‘‘that the ac-
tion’’; and
(4) by inserting ‘‘even if partial failing fees have
been imposed by the court’’ before the period.
(b) PRISONER’S STATEMENT
OF ASSETS.—Section
1915 of title 28, United States Code, is amended by adding
at the end the following:
‘‘(f) If a prisoner in a correctional institution files an
affidavit in accordance with subsection (a) of this section,
such prisoner shall include in that affidavit a statement
of all assets such prisoner possesses. The court shall make
inquiry of the correctional institution in which the prisoner
is incarcerated for information available to that institution
relating to the extent of the prisoner’s assets. The court shall
require full or partial payment of filing fees according to
the prisoner’s ability to pay.’’.
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Subtitle P—Prison Overcrowding
SEC. 3080. APPROPRIATE REMEDIES FOR PRISON OVER-
CROWDING.
(a) AMENDMENT
OF TITLE 18, UNITED STATES
CODE.—Subchapter C of chapter 229 of title 18, United
States Code, is amended by adding at the end the following:
‘‘§ 3626. Appropriate remedies with respect to prison
crowding
‘‘(a) REQUIREMENT OF SHOWING WITH RESPECT TO
THE PLAINTIFF IN PARTICULAR.—
‘‘(1) HOLDING.—A Federal court shall not hold
prison or jail crowding unconstitutional under the
eighth amendment except to the extent that an indi-
vidual plaintiff inmate proves that the crowding
causes the infliction of cruel and unusual punishment
of that inmate.
‘‘(2) RELIEF.—The relief in a case described in
paragraph (1) shall extend no further than necessary
to remove the conditions that are causing the cruel
and unusual punishment of the plaintiff inmate.
‘‘(b) INMATE POPULATION CEILINGS.—
‘‘(1) REQUIREMENT OF SHOWING WITH RESPECT
TO PARTICULAR PRISONERS.—A Federal court shall
not place a ceiling on the inmate population of any
Federal, State, or local detention facility as an equi-
496
table remedial measure for conditions that violate the
eighth amendment unless crowding is inflicting cruel
and unusual punishment on particular identified
prisoners.
‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1)
of this subsection shall not be construed to have any
effect on Federal judicial power to issue equitable re-
lief other than that described in paragraph (1) of this
subsection, including the requirement of improved
medical or health care and the imposition of civil
contempt fines or damages, where such relief is appro-
priate.
‘‘(c) PERIODIC
REOPENING.—Each Federal court
order or consent decree seeking to remedy an eighth amend-
ment violation shall be reopened at the behest of a defendant
for recommended modification at a minimum of 2-year
intervals.’’.
(b) APPLICATION OF AMENDMENT.—Section 3626 of
title 18, United States Code, as added by subsection a, shall
apply to all outstanding court orders on the date of enact-
ment of this Act. Any State or municipality shall be enti-
tled to seek modification of any outstanding eighth amend-
ment decree pursuant to that section.
(c) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter C of chapter 229 of title 18,
497
United States Code, is amended by adding at the end the
following new item:
‘‘3626. Appropriate remedies with respect to prison crowding.’’.
(d) SUNSET PROVISION.—This section and the amend-
ments made by this section are repealed effective as of the
date that is 5 years after the date of enactment of this Act.
Subtitle Q—Sense of Congress With
Respect to Child Pornography
SEC. 3083. CHILD PORNOGRAPHY.
(a) FINDINGS.—Congress finds that—
(1) child pornography is the permanent record of
the sexual abuse or exploitation of children;
(2) children who are victims of child pornog-
raphy often suffer severe physical and emotional
harm;
(3) child pornography is a serious national
problem;
(4) the Congress of the United States has a com-
pelling interest in the protection of children from sex-
ual abuse and exploitation by pornography (see New
York v. Ferber, 458 U.S. 747 (1982));
(5) the Congress of the United States, in pursuit
of this compelling interest, has taken every oppor-
tunity to strengthen child pornography laws and has,
in clear and unambiguous language, criminalized the
498
production, interstate distribution, receipt and posses-
sion of child pornography;
(6) the United States Department of Justice in
its brief to the United States Supreme Court in the
case of Knox v. United States, 92–1183, has failed to
support the conviction of a child pornographer won
by the Department in the United States District
Court for the Middle District of Pennsylvania and af-
firmed on appeal in the United States Court of Ap-
peals for the Third Circuit;
(7) the Department of Justice has used its brief
in the Knox case as a vehicle for reinterpretation of
the Federal child pornography laws in contravention
to legislative history and past prosecution practices of
the Department of Justice;
(8) the Department of Justice by declaring in its
brief in the Knox case that a pornographer who las-
civiously exhibits the genitals of children is prosecut-
able within the Federal child pornography laws only
if the depictions show a minor engaged in the conduct
of lasciviously exhibiting his or her genitals or pubic
area, creates a federally protected class of child por-
nography; for example, child pornography involving
children who are not knowingly engaged in lasciv-
iously exhibiting their genitals or pubic areas but
499
whose genitals or pubic areas are nonetheless lasciv-
iously depicted by others;
(9) the Department of Justice by declaring in its
brief in the Knox case in contravention to legislative
history, that a pornographer who lasciviously exhibits
the genital or pubic area of children is prosecutable
within the Federal child pornography laws only if the
genitals are nude or visible creates a federally pro-
tected class of child pornography, e.g. depictions
which focus on a minor child’s clothed genital or
pubic area with the obvious intent of eliciting a sex-
ual response in pedophiles;
(10) the plan meaning and congressional intent
of the language in section 2256 of title 18, United
States Code, is that the term ‘‘lascivious exhibition’’
refers to whether the depiction is intended to elicit a
sexual response from the viewer, and not to the ac-
tions of the child;
(11) the Department of Justice has employed this
meaning of the term ‘‘lascivious exhibition’’ since it
was included in the laws in 1984, and Congress has
not changed the meaning of the term;
(12) Congress specifically repudiated a ‘‘nudity’’
requirement for child pornography statutes (see Unit-
500
ed States v. Knox, 977 F. 2d 815, at 820–823, (3rd
Cir., 1992));
(13) the ‘‘harm Congress attempted to eradicate
by enacting child pornography laws is present when
a photographer unnaturally focuses on a minor
child’s clothed genital area with the obvious intent to
produce an image sexually arousing to pedophiles.’’
(see Knox at 822); and
(14) the Congress of the United States believes
that the reinterpretation of the Federal child pornog-
raphy laws by Department of Justice, unless reversed,
will bring back commercial child pornography and
lead to a substantial increase of sexual exploitation of
children.
(b) SENSE OF CONGRESS.—It is the sense of the House
of Representatives that the Department of Justice repudiate
its reinterpretation of Federal child pornography laws, de-
fend the conviction won in lower courts in the Knox case,
and vigorously prosecute sexual exploitation of children.
Subtitle R—Labels on Products
SEC. 3086. PLACEMENT OF MADE IN AMERICA LABELS ON
PRODUCTS.
(a) REQUIREMENTS FOR USE OF LABELS.—No prod-
uct may bear a label which states or suggests that the prod-
uct was made in America unless—
501
(1) the product has been registered with the De-
partment of Commerce under subsection (b); and
(2) the Secretary of Commerce has determined
that—
(A) 60 percent of the product was manufac-
tured in the United States; and
(B) final assembly of the product took place
in the United States.
(b) REGISTRY OF AMERICAN-MADE PRODUCTS.—Not
later than 12 months after the Secretary has promulgated
regulations regarding the registration of products with the
Department of Commerce under this section, a person shall
register with the Department of Commerce any product on
which there is or will be affixed a label which states or sug-
gests that the product was made in America.
(c) PENALTIES FOR FRAUDULENT USE OF LABELS.—
(1) CIVIL FINE.—Any person who, with an in-
tent to defraud or mislead, places on a product a
label which states or suggests that the product was
‘‘made in America’’ in violation of this section may
be assessed a civil penalty by the Secretary of not
more than $100,000. The Secretary may issue an
order assessing such civil penalty only after notice
and an opportunity for an agency hearing on the
502
record. The validity of such order may not be re-
viewed in an action to collect such civil penalty.
(2) INJUNCTIVE
RELIEF.—The Secretary may
bring an action to enjoin the violation of, or to com-
pel compliance with, this section, whenever the Sec-
retary believes that such a violation has occurred or
is about to occur.
(d) REGULATIONS.—Not later than 12 months after the
date of the enactment of this Act, the Secretary shall pro-
mulgate regulations establishing procedures under which a
person shall register a product under this section.
(e) DEFINITIONS.—For purposes of this section:
(1) LABEL.—The term ‘‘label’’ means any writ-
ten, printed, or graphic matter on, or attached to, a
product or any of its containers or wrappers.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Commerce.
Subtitle S—Awards of Pell Grants
to Prisoners Prohibited
SEC. 3089. AWARDS OF PELL GRANTS TO PRISONERS PRO-
HIBITED.
Section 401(b)(8) of the Higher Education Act of 1965
(20 U.S.C. 1070a(b)(8)) is amended to read as follows:
503
‘‘(8) No basic grant shall be awarded under this sub-
part to any individual who is incarcerated in any Federal
or State penal institution.’’.
SEC. 3090. EFFECTIVE DATE.
The amendment made by this Act shall apply with re-
spect to periods of enrollment beginning on or after the date
of enactment of this Act.
Subtitle T—Cocaine Penalty Study
SEC. 3092. COCAINE PENALTY STUDY.
Not later than December 31, 1994, the United States
Sentencing Commission shall submit a report to the Con-
gress on issues relating to sentences applicable to offenses
involving the possession or distribution of all forms of co-
caine. The report shall address the different penalty levels
which apply to different forms of cocaine, and include any
recommendations the Commission may have for retention
or modification of these differences in penalties.
Subtitle U—Inmate Rehabilitation
SEC. 3095. EDUCATION REQUIREMENT FOR EARLY RE-
LEASE.
Section 3624(b) of title 18, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘behavior.—’’;
(2) by striking ‘‘Such credit toward service of
sentence vests at the time that it is received. Credit
504
that has vested may not later be withdrawn, and
credit that has not been earned may not later be
granted.’’ and inserting ‘‘Credit that has not been
earned may not later be granted.’’; and
(3) by adding at the end the following:
‘‘(2) Credit toward a prisoner’s service of sentence shall
not be vested unless the prisoner has earned a high school
diploma or an equivalent degree.
‘‘(3) The Attorney General shall ensure that the Bu-
reau of Prisons has in effect an optional General Edu-
cational Development program for inmates who have not
earned a high school diploma or its equivalent.’’.
‘‘(4) Exemptions to the General Educational Develop-
ment requirement may be made as deemed necessary by the
Director of the Federal Bureau of Prisons.’’.
Amend the title so as to read: ‘‘An Act entitled ‘The
Violent Crime Control and Law Enforcement Act of
1994’.’’.
Attest:
Clerk.
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