215
this subsection to the Committees on the Judiciary
of the Senate and the House of Representatives
within reasonable time limits established by the At-
torney General.
(4) REIMBURSEMENT OF STATES.—Grants may
be made to reimburse States for work started prior
to the date of enactment of this Act.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $2,000,000 for each of
the fiscal years 1994, 1995, 1996, 1997, and 1998 to
carry out the provisions of this section.
TITLE XI—PROVISIONS
RELATING TO POLICE OFFICERS
Subtitle A—Law Enforcement
Family Support
SEC. 1101. LAW ENFORCEMENT FAMILY SUPPORT.
Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amend-
ed—
(1) by redesignating part V as part W;
(2) by redesignating section 2201 as 2301; and
(3) by inserting after part U the following:
‘‘PART V—FAMILY SUPPORT
‘‘SEC. 2201. DUTIES OF DIRECTOR.
‘‘The Director shall—
216
‘‘(1) establish guidelines and oversee the imple-
mentation of family-friendly policies within law en-
forcement-related offices and divisions in the De-
partment of Justice;
‘‘(2) study the effects of stress on law enforce-
ment personnel and family well-being and dissemi-
nate the findings of such studies to Federal, State,
and local law enforcement agencies, related organi-
zations, and other interested parties;
‘‘(3) identify and evaluate model programs that
provide support services to law enforcement person-
nel and families;
‘‘(4) provide technical assistance and training
programs to develop stress reduction and family sup-
port to State and local law enforcement agencies;
‘‘(5) collect and disseminate information re-
garding family support, stress reduction, and psy-
chological services to Federal, State, and local law
enforcement agencies, law enforcement-related orga-
nizations, and other interested entities; and
‘‘(6) determine issues to be researched by the
Bureau and by grant recipients.
‘‘SEC. 2202. GENERAL AUTHORIZATION.
‘‘The Director is authorized to make grants to States
and local law enforcement agencies and to organizations
217
representing State and local law enforcement personnel to
provide family support services to law enforcement person-
nel.
‘‘SEC. 2203. USES OF FUNDS.
‘‘(a) IN GENERAL.—A State or local law enforcement
agency or organization that receives a grant under this
part shall use amounts provided under the grant to estab-
lish or improve training and support programs for law en-
forcement personnel.
‘‘(b) REQUIRED ACTIVITIES.—A law enforcement
agency or organization that receives funds under this part
shall provide at least one of the following services:
‘‘(1) Counseling for law enforcement family
members.
‘‘(2) Child care on a 24-hour basis.
‘‘(3) Marital and adolescent support groups.
‘‘(4) Stress reduction programs.
‘‘(5) Stress education for law enforcement re-
cruits and families.
‘‘(6) Technical assistance and training pro-
grams to support any or all of the services listed in
(1) through (5).
‘‘(c) OPTIONAL ACTIVITIES.—A law enforcement
agency or organization that receives funds under this part
may provide the following services:
218
‘‘(1) Post-shooting debriefing for officers and
their spouses.
‘‘(2) Group therapy.
‘‘(3) Hypertension clinics.
‘‘(4) Critical incident response on a 24-hour
basis.
‘‘(5) Law enforcement family crisis telephone
services on a 24-hour basis.
‘‘(6) Counseling for law enforcement personnel
exposed to the human immunodeficiency virus.
‘‘(7) Counseling for peers.
‘‘(8) Counseling for families of personnel killed
in the line of duty.
‘‘(9) Seminars regarding alcohol, drug use,
gambling, and overeating.
‘‘(10) Technical assistance and training to sup-
port any or all of the services listed in (1) through
(9).
‘‘SEC. 2204. APPLICATIONS.
‘‘A law enforcement agency or organization desiring
to receive a grant under this part shall submit to the Di-
rector an application at such time, in such manner, and
containing or accompanied by such information as the Di-
rector may reasonably require. Such application shall—
219
‘‘(1) certify that the law enforcement agency or
organization shall match all Federal funds with an
equal amount of cash or in-kind goods or services
from other non-Federal sources;
‘‘(2) include a statement from the highest rank-
ing law enforcement official from the State or local-
ity or from the highest ranking official of the organi-
zation applying for the grant that attests to the need
and intended use of services to be provided with
grant funds; and
‘‘(3) assure that the Director or the Comptrol-
ler General of the United States shall have access to
all records related to the receipt and use of grant
funds received under this part.
‘‘SEC. 2205. AWARD OF GRANTS; LIMITATION.
‘‘(a) GRANT DISTRIBUTION.—In approving grants
under this part, the Director shall assure an equitable dis-
tribution of assistance among the States, among urban
and rural areas of the United States, and among urban
and rural areas of a State.
‘‘(b) DURATION.—The Director may award a grant
each fiscal year, not to exceed $100,000 to a State or local
law enforcement agency or organization for a period not
to exceed 5 years. In any application from a State or local
law enforcement agency or organization for a grant to con-
220
tinue a program for the second, third, fourth, or fifth fis-
cal year following the first fiscal year in which a grant
was awarded to such agency, the Director shall review the
progress made toward meeting the objectives of the pro-
gram. The Director may refuse to award a grant if the
Director finds sufficient progress has not been made to-
ward meeting such objectives, but only after affording the
applicant notice and an opportunity for reconsideration.
‘‘(c) LIMITATION.—Not more than 10 percent of
grant funds received by a State or a local law enforcement
agency or organization may be used for administrative
purposes.
‘‘SEC. 2206. DISCRETIONARY RESEARCH GRANTS.
‘‘The Director may reserve 10 percent of funds to
award research grants to a State or local law enforcement
agency or organization to study issues of importance in
the law enforcement field as determined by the Director.
‘‘SEC. 2207. REPORTS.
‘‘(a) REPORT FROM GRANT RECIPIENTS.—A State
or local law enforcement agency or organization that re-
ceives a grant under this part shall submit to the Director
an annual report that includes—
‘‘(1) program descriptions;
‘‘(2) the number of staff employed to admin-
ister programs;
221
‘‘(3) the number of individuals who participated
in programs; and
‘‘(4) an evaluation of the effectiveness of grant
programs.
‘‘(b) REPORT FROM DIRECTOR.—(1) The Director
shall submit to the Committees on the Judiciary of the
Senate and the House of Representatives a report not
later than March 31 of each fiscal year.
‘‘(2) Such report shall contain—
‘‘(A) a description of the types of projects de-
veloped or improved through funds received under
this part;
‘‘(B) a description of exemplary projects and
activities developed;
‘‘(C) a designation of the family relationship to
the law enforcement personnel of individuals served;
and
‘‘(D) the number of individuals served in each
location and throughout the country.
‘‘SEC. 2208. DEFINITIONS.
‘‘For purposes of this part—
‘‘(1) the term ‘family-friendly policy’ means a
policy to promote or improve the morale and well
being of law enforcement personnel and their fami-
lies; and
222
‘‘(2) the term ‘law enforcement personnel’
means individuals employed by Federal, State, and
local law enforcement agencies.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended
by striking the matter relating to part V and inserting
the following:
‘‘PART V—FAMILY SUPPORT
‘‘Sec. 2201. Duties of director.
‘‘Sec. 2202. General authorization.
‘‘Sec. 2203. Uses of funds.
‘‘Sec. 2204. Applications.
‘‘Sec. 2205. Award of grants; limitation.
‘‘Sec. 2206. Discretionary research grants.
‘‘Sec. 2207. Reports.
‘‘Sec. 2208. Definitions.
‘‘PART W—TRANSITION; EFFECTIVE DATE; REPEALS
‘‘Sec. 2301. Continuation of rules, authorities, and privileges.’’.
SEC. 1102. AUTHORIZATION OF APPROPRIATIONS.
Section 1001(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as
amended by section 1199 of this Act, is amended by add-
ing after paragraph (15) the following:
‘‘(16) There are authorized to be appropriated
$5,000,000 for each of the fiscal years 1994, 1995, 1996,
1997, and 1998. Not more than 20 percent of such funds
may be used to accomplish the duties of the Director
under section 2201 in part V of this Act, including admin-
istrative costs, research, and training programs.’’.
223
Subtitle B—Police Pattern or
Practice
SEC. 1103. PATTERN OR PRACTICE CASES; CAUSE OF AC-
TION.
Chapter 21 of title 42, United States Code, is amend-
ed by adding the following new section:
‘‘SECTION 1998. PATTERN OR PRACTICE CASES.
‘‘(a) UNLAWFUL CONDUCT.—It shall be unlawful for
any governmental authority, or any agent thereof, or any
person acting on behalf of a governmental authority, to
engage in a pattern or practice of conduct by law enforce-
ment officers that deprives persons of rights, privileges,
or immunities, secured or protected by the Constitution
or laws of the United States.
‘‘(b) CIVIL ACTION
BY ATTORNEY GENERAL.—
Whenever the Attorney General has reasonable cause to
believe that a violation of paragraph (1) has occurred, the
Attorney General, for or in the name of the United States,
may in a civil action obtain appropriate equitable and de-
claratory relief to eliminate the pattern or practice.’’.
SEC. 1104. DATA ON USE OF EXCESSIVE FORCE.
(a) ATTORNEY GENERAL TO COLLECT.—The Attor-
ney General shall, through the victimization surveys con-
ducted by the Bureau of Justice Statistics, acquire data
224
about the use of excessive force by law enforcement offi-
cers.
(b) LIMITATION ON USE OF DATA.—Data acquired
under this section shall be used only for research or statis-
tical purposes and may not contain any information that
may reveal the identity of the victim or any law enforce-
ment officer.
(c) ANNUAL SUMMARY.—The Attorney General shall
publish an annual summary of the data acquired under
this section.
Subtitle C—Police Corps and Law
Enforcement Officers Scholar-
ship Programs
SEC. 1105. PURPOSES.
The purposes of this subtitle are to—
(1) address violent crime by increasing the
number of police with advanced education and train-
ing on community patrol;
(2) provide educational assistance to law en-
forcement personnel and to students who possess a
sincere interest in public service in the form of law
enforcement; and
(3) assist State and local law enforcement ef-
forts to enhance the educational status of law en-
forcement personnel both through increasing the
225
educational level of existing officers and by recruit-
ing more highly educated officers.
CHAPTER 1—COMMUNITY POLICE CORPS
INITIATIVES
SEC. 1106. STATEMENT OF PURPOSES.
The purposes of this Chapter are to support and en-
courage State and locally based police corps programs
which provide educational assistance and job placement
for police recruits in community-oriented policing, and to
support and encourage scholarship programs for in-service
officers related to community-oriented policing.
SEC. 1107. DEFINITIONS.
As used in this Chapter—
(1) ‘‘educational institution’’ means an institu-
tion of postsecondary education having a program
whose regular duration is not less than 2 years and
not more than 4 years, or a combination of such in-
stitutions that enter into a partnership with a juris-
diction under section 1109 of the Violent Crime
Control and Law Enforcement Act of 1993;
(2) ‘‘jurisdiction’’ means a State or local law
enforcement agency or a State or local government,
or a combination of such agencies or governments
that enter into a partnership with an educational in-
226
stitution under section 1109 of the Violent Crime
Control and Law Enforcement Act of 1993; and
(3) ‘‘partnership’’ means a cooperative arrange-
ment of an educational institution and a jurisdiction
for the purpose of operating a Community Police
Corps Program.
SEC. 1108. AUTHORIZATION OF PROGRAM.
(a) GRANTS.—The Attorney General may make
grants to educational institutions for the support of Com-
munity Police Corps Programs as described in this Chap-
ter. The duration of a grant under this section shall not
exceed 5 years. Grants that have a duration that is less
than 5 years may be renewed by the Attorney General if
the aggregate duration of grants for a particular Commu-
nity Police Corps Program does not exceed 5 years. A
maximum of 10 Community Police Corps Programs may
receive funding under this section at any time.
(b) GEOGRAPHIC
DISTRIBUTION.—The Attorney
General shall attempt, to the extent practicable, to achieve
an equitable geographic distribution of grant awards.
(c) SCHOLARSHIPS.—Grants provided to educational
institutions under this section shall be used to provide
scholarships of not more than $5,000 annually to a partic-
ipant in Community Police Corps Programs. Scholarships
may be provided for the full duration of the institution’s
227
educational program or for any shorter period, but the ag-
gregate amount provided to any participant shall not ex-
ceed $5,000 times the number of years in the institution’s
regular program.
(d) UTILIZATION OF DEPARTMENT OF JUSTICE OF-
FICES AND SERVICES.—The Attorney General may utilize
any office or service of the Department of Justice in carry-
ing out this Chapter.
SEC. 1109. PARTNERSHIPS OF EDUCATIONAL INSTITUTIONS
AND JURISDICTIONS.
(a) FORMATION OF PARTNERSHIPS.—All Community
Police Corps Programs funded under this Chapter shall
be operated by partnerships that include an educational
institution and a jurisdiction. The partnership shall pub-
licize the availability of scholarships under the Community
Police Corps Program and shall carry out the specific re-
sponsibilities set out in subsections (b), (c), (d), and (e).
(b) RESPONSIBILITIES OF EDUCATIONAL INSTITU-
TION.—The educational institution in a partnership shall
be responsible for—
(1) determining degree requirements, or devis-
ing an educational curriculum, or both, in consulta-
tion with the jurisdiction in the partnership, for par-
ticipants in the Community Police Corps Program,
which shall include instruction that helps to prepare
228
the participants for work in community-oriented po-
licing; and
(2) evaluating the educational and academic fit-
ness of applicants for participation in the Program,
and selecting applicants for participation with the
concurrence of the jurisdiction in the partnership.
(c) RESPONSIBILITIES OF JURISDICTION.—The juris-
diction in a partnership shall be responsible for—
(1) evaluating the fitness of applicants for fu-
ture police work, and selecting applicants for partici-
pation with the concurrence of the educational insti-
tution in the partnership;
(2) providing work study and training opportu-
nities for participants during the educational period;
(3) providing any additional necessary training,
and hiring as law enforcement officers all partici-
pants who have successfully completed the edu-
cational program and any work study or training re-
quirements, and who otherwise meet minimum quali-
fication and fitness standards for available positions;
and
(4) utilizing such participants to help imple-
ment community-oriented policing for a period of at
least 4 years.
229
(d) APPLICATION AND PLAN.—A partnership may
seek support for a Community Police Corps Program by
submitting an application to the Attorney General which
contains a plan for operating such a program. The plan
shall describe the discharge of the responsibilities set out
in this section, and shall address any other matters that
the Attorney General may prescribe. An application under
this subsection may be submitted in coordination with an
application submitted under section 1702 of the Omnibus
Crime Control and Safe Streets Act of 1968.
(e) MINIMUM
ENROLLMENT
REQUIREMENT.—A
qualifying plan must specify that at least 10 participants
will be enrolled in the Program. If scholarships are pro-
vided to participants in more than 1 educational class, not
less than 10 participants shall be enrolled in each such
class.
SEC. 1110. RESPONSIBILITIES OF PARTICIPANTS.
(a) CONDITIONS OF PARTICIPATION.—A person may
apply for participation in a Community Police Corps Pro-
gram by submitting an application in the form and man-
ner prescribed by the partnership that operates the Pro-
gram. By enrolling in the Program, a participant agrees
to—
(1) complete the educational component of the
Program, and any work study or training require-
230
ments which are part of the Program, including sat-
isfaction of any performance or testing standards set
by the educational institution or the jurisdiction;
(2) accept employment by the jurisdiction as a
law enforcement officer; and
(3) remain in such employment for a period of
not less than 4 years without misconduct or deficits
in performance that warrant discharge or removal
from a position as a law enforcement officer under
the rules of the employing jurisdiction.
(b) VIOLATIONS OF CONDITIONS.—A participant who
fails to comply with the conditions set forth in subsection
(a) may be required to repay to the United States the
amount of any scholarship or scholarships provided under
this Chapter, together with interest at a fair rate specified
by the Attorney General. The Attorney General may allow
a participant to fulfill the employment requirement under
this Chapter, wholly or in part, through some other form
of public service of comparable duration, on a finding that
the participant’s inability to fulfill the employment re-
quirement is the result of disability or other good cause
for which the participant is not at fault.
231
SEC. 1111. COMMUNITY POLICING SCHOLARSHIPS FOR IN-
SERVICE OFFICERS.
(a) GRANTS.—In addition to grants provided under
section 1108 of the Violent Crime Control and Law En-
forcement Act of 1993, the Attorney General may make
grants to educational institutions participating in partner-
ships with jurisdictions under section 1109 of the Violent
Crime Control and Law Enforcement Act of 1993 for pur-
poses of supporting study at the institution or in a related
post-graduate program by law enforcement officers who
are employed by the jurisdiction.
(b) SCHOLARSHIPS.—Grants provided to educational
institutions under this section shall be used to provide
scholarships to officers who are assigned or will be as-
signed to community-oriented policing, or who exercise or
will exercise a supervisory or training role in relation to
officers assigned to community-oriented policing. Scholar-
ships under this section shall be applied to support courses
of study that are relevant to community-oriented policing
or related supervisory or training functions.
(c) LIMITATIONS.—The amount of a scholarship
under this section may not exceed $5,000 annually for any
recipient, or an aggregate amount of $10,000 for any re-
cipient. The funding provided under this section shall not
exceed 10 percent of the total funding available under this
Chapter.
232
(d) APPLICATION AND GRANT CONDITIONS.—A part-
nership that wishes to establish a scholarship program for
in-service officers under this section shall submit an appli-
cation to the Attorney General which may be combined
with an application seeking support for a Community Po-
lice Corps Program under section 1109(d) of the Violent
Crime Control and Law Enforcement Act of 1993. The
application and the conduct of programs funded under this
section shall conform to any requirements that may be
prescribed by the Attorney General.
SEC. 1112. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated not more
than $5,000,000 for each of the fiscal years 1994, 1995,
1996, 1997, and 1998 to carry out this Chapter.
SEC. 1113. REVIEW AND REPORT ON PROGRAM.
The grant authority created by this Chapter shall
lapse at the conclusion of 5 years from the date of enact-
ment of this Chapter. Prior to the expiration of the grant
authority under this Chapter, the Attorney General shall
submit a report to the Committees on the Judiciary of
the Senate and the House of Representatives concerning
the experience with and efficacy of the programs that have
received support under this Chapter.
233
CHAPTER 2—LAW ENFORCEMENT
SCHOLARSHIP PROGRAM
SEC. 1114. DEFINITIONS.
As used in this Chapter—
(1) the term ‘‘Director’’ means the Director of
the Bureau of Justice Assistance;
(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 a baccalaureate degree; or
(C) a course of graduate study following
award of a baccalaureate degree;
including the cost of tuition, fees, books, supplies,
and related expenses;
(3) the term ‘‘institution of higher education’’
has the same meaning given such term in section
1201(a) of the Higher Education Act of 1965;
(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 Com-
monwealth of Puerto Rico, the Virgin Islands of the
234
United States, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
SEC. 1115. ALLOTMENT.
From amounts appropriated pursuant to the author-
ity of section 1122 of the Violent Crime Control and Law
Enforcement Act of 1993, the Director shall allot—
(1) 80 percent of such funds 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 funds to States on the
basis of the shortage of law enforcement personnel
and the need for assistance under this Chapter in
the State compared to the shortage of law enforce-
ment personnel and the need for assistance under
this Chapter in all States.
SEC. 1116. PROGRAM ESTABLISHED.
(a) USE OF ALLOTMENT.—
(1) IN GENERAL.—Each State receiving an al-
lotment pursuant to section 1115 of the Violent
Crime Control and Law Enforcement Act of 1993
shall use such allotment to pay the Federal share of
the costs of—
235
(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 during a period not
to exceed one year.
(2) EMPLOYMENT.—The employment described
in subparagraph (B) of paragraph (1) shall be pro-
vided by State and local law enforcement agencies
for students who are juniors or seniors in high
school or are enrolled in an accredited institution of
higher education and who demonstrate an interest in
undertaking a career in law enforcement. Such em-
ployment shall not be in a law enforcement position.
Such employment shall consist of performing mean-
ingful tasks that inform such students of the nature
of the tasks performed by law enforcement agencies.
(b) PAYMENTS; FEDERAL SHARE; NON-FEDERAL
SHARE.—
(1) PAYMENTS.—The Director shall pay to each
State receiving an allotment under section 1115 of
the Violent Crime Control and Law Enforcement
236
Act of 1993 the Federal share of the cost of the ac-
tivities described in the application submitted pursu-
ant to section 1119 of the Violent Crime Control
and Law Enforcement Act of 1993.
(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 em-
ployment provided under this Chapter shall be sup-
plied from sources other than the Federal Govern-
ment.
(c) LEAD AGENCY.—Each State receiving an allot-
ment under section 1115 of the Violent Crime Control and
Law Enforcement Act of 1993 shall designate an appro-
priate State agency to serve as the lead agency to conduct
a scholarship program, a student employment program, or
both in the State in accordance with this Chapter.
(d) RESPONSIBILITIES OF DIRECTOR.—The Director
shall be responsible for the administration of the programs
conducted pursuant to this Chapter and shall, in consulta-
tion with the Assistant Secretary for Postsecondary Edu-
cation, issue rules to implement this Chapter.
(e) ADMINISTRATIVE EXPENSES.—Each State receiv-
ing an allotment under section 1115 of the Violent Crime
Control and Law Enforcement Act of 1993 may reserve
237
not more than 8 percent of such allotment for administra-
tive expenses.
(f) SPECIAL RULE.—Each State receiving an allot-
ment under section 1115 of the Violent Crime Control and
Law Enforcement Act of 1993 shall ensure that each
scholarship recipient under this Chapter be compensated
at the same rate of pay and benefits and enjoy the same
rights under applicable agreements with labor organiza-
tions and under State and local law as other law enforce-
ment personnel of the same rank and tenure in the office
of which the scholarship recipient is a member.
(g) SUPPLEMENTATION
OF FUNDING.—Funds re-
ceived under this Chapter shall only be used to supple-
ment, and not to supplant, Federal, State, or local efforts
for recruitment and education of law enforcement person-
nel.
SEC. 1117. SCHOLARSHIPS.
(a) PERIOD
OF
AWARD.—Scholarships awarded
under this Chapter shall be for a period of one academic
year.
(b) USE OF SCHOLARSHIPS.—Each individual award-
ed a scholarship under this Chapter may use such scholar-
ship for educational expenses at any accredited institution
of higher education.
238
SEC. 1118. ELIGIBILITY.
(a) SCHOLARSHIPS.—An individual shall be eligible
to receive a scholarship under this Chapter if such individ-
ual has been employed in law enforcement for the 2-year
period immediately preceding the date on which assistance
is sought.
(b) INELIGIBILITY FOR STUDENT EMPLOYMENT.—
An individual who has been employed as a law enforce-
ment officer is ineligible to participate in a student em-
ployment program carried out under this Chapter.
SEC. 1119. STATE APPLICATION.
Each State desiring an allotment under section 1115
of the Violent Crime Control and Law Enforcement Act
of 1993 shall submit an application to the Director at such
time, in such manner, and accompanied by such informa-
tion as the Director may reasonably require. Each such
application shall—
(1) describe the scholarship program and the
student employment program for which assistance
under this Chapter is sought;
(2) contain assurances that the lead agency will
work in cooperation with the local law enforcement
liaisons, representatives of police labor organizations
and police management organizations, and other ap-
propriate State and local agencies to develop and im-
239
plement interagency agreements designed to carry
out this Chapter;
(3) contain assurances that the State will ad-
vertise the scholarship assistance and student em-
ployment it will provide under this Chapter and that
the State will use such programs to enhance recruit-
ment efforts;
(4) contain assurances that the State will
screen and select law enforcement personnel for par-
ticipation in the scholarship program under this
Chapter;
(5) contain assurances that under such student
employment program the State will screen and se-
lect, for participation in such program, students who
have an interest in undertaking a career in law en-
forcement;
(6) contain assurances that under such scholar-
ship program the State will make scholarship pay-
ments to institutions of higher education on behalf
of individuals receiving scholarships under this
Chapter;
(7) with respect to such student employment
program, identify—
(A) the employment tasks students will be
assigned to perform;
240
(B) the compensation students will be paid
to perform such tasks; and
(C) the training students will receive as
part of their participation in such program;
(8) identify model curriculum and existing pro-
grams designed to meet the educational and profes-
sional needs of law enforcement personnel; and
(9) contain assurances that the State will pro-
mote cooperative agreements with educational and
law enforcement agencies to enhance law enforce-
ment personnel recruitment efforts in institutions of
higher education.
SEC. 1120. LOCAL APPLICATION.
(a) IN GENERAL.—Each individual who desires a
scholarship or employment under this Chapter shall sub-
mit an application to the State at such time, in such man-
ner, and accompanied by such information as the State
may reasonably require. Each such application shall de-
scribe the academic courses for which a scholarship is
sought, or the location and duration of employment
sought, as appropriate.
(b) PRIORITY.—In awarding scholarships and provid-
ing student employment under this Chapter, each State
shall give priority to applications from individuals who
are—
241
(1) members of racial, ethnic, or gender groups
whose representation in the law enforcement agen-
cies within the State is substantially less than in the
population eligible for employment in law enforce-
ment in the State;
(2) pursuing an undergraduate degree; and
(3) not receiving financial assistance under the
Higher Education Act of 1965.
SEC. 1121. SCHOLARSHIP AGREEMENT.
(a) IN GENERAL.—Each individual who receives a
scholarship under this Chapter shall enter into an agree-
ment with the Director.
(b) CONTENTS.—Each agreement described in sub-
section (a) shall—
(1) provide assurances that the individual will
work in a law enforcement position in the State
which awarded such individual the scholarship in ac-
cordance with the service obligation described in
subsection (c) after completion of such individual’s
academic courses leading to an associate, bachelor,
or graduate degree;
(2) provide assurances that the individual will
repay the entire scholarship awarded under this
Chapter in accordance with such terms and condi-
tions as the Director shall prescribe, in the event
242
that the requirements of such agreement are not
complied with unless the individual—
(A) dies;
(B) becomes physically or emotionally dis-
abled, as established by the sworn affidavit of
a qualified physician; or
(C) has been discharged in bankruptcy;
and
(3) set forth the terms and conditions under
which an individual receiving a scholarship under
this Chapter may seek employment in the field of
law enforcement in a State other than the State
which awarded such individual the scholarship under
this Chapter.
(c) SERVICE OBLIGATION.—
(1) IN GENERAL.— Except as provided in para-
graph (2), each individual awarded a scholarship
under this Chapter shall work in a law enforcement
position in the State which awarded such individual
the scholarship for a period of one month for each
credit hour for which funds are received under such
scholarship.
(2) SPECIAL RULE.—For purposes of satisfying
the requirement specified in paragraph (1), each in-
dividual awarded a scholarship under this Chapter
243
shall work in a law enforcement position in the State
which awarded such individual the scholarship for
not less than 6 months nor more than 2 years.
SEC. 1122. AUTHORIZATION OF APPROPRIATIONS.
(a) GENERAL
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There 
are 
authorized 
to 
be 
appropriated
$25,000,000 for each of the fiscal years 1994, 1995, 1996,
and 1997, to carry out this Chapter.
(b) USES OF FUNDS.—Of the funds appropriated
under subsection (a) for any fiscal year—
(1) 80 percent shall be available to provide
scholarships described in section 1116(a)(1)(A) of
the Violent Crime Control and Law Enforcement
Act of 1993; and
(2) 20 percent shall be available to provide em-
ployment described in sections 1116(a)(1)(B) and
1116(a)(2) of the Violent Crime Control and Law
Enforcement Act of 1993.
CHAPTER 3—REPORTS
SEC. 1123. REPORTS TO CONGRESS.
(a) ANNUAL REPORTS.—No later than April 1 of
each fiscal year, the Attorney General shall submit a re-
port to the the Committees on the Judiciary of the Senate
and the House of Representatives. Such report shall—
244
(1) state the number of current and past par-
ticipants in the Police Corps program authorized by
Chapter 1, broken down according to the levels of
educational study in which they are engaged and
years of service they have served on police forces (in-
cluding service following completion of the 4-year
service obligation);
(2) describe the geographic, racial, and gender
dispersion of participants in the Police Corps pro-
gram;
(3) state the number of present and past schol-
arship recipients under Chapter 2, categorized ac-
cording to the levels of educational study in which
such recipients are engaged and the years of service
such recipients have served in law enforcement;
(4) describe the geographic, racial, and gender
dispersion of scholarship recipients under Chapter 2;
and
(5) describe the progress of the programs au-
thorized by this subtitle and make recommendations
for changes in the programs.
(b) SPECIAL REPORT.—Not later than 6 months
after the date of enactment of this Act, the Attorney Gen-
eral shall submit a report to the Committees on the Judici-
ary of the Senate and the House of Representatives con-
245
taining a plan to expand the assistance provided under
Chapter 2 to Federal law enforcement officers. Such plan
shall contain information of the number and type of Fed-
eral law enforcement officers eligible for such assistance.
Subtitle D—Study Rights of Police
Officers
SEC. 1124. STUDY ON OFFICERS’ RIGHTS.
The Attorney General, through the National Institute
of Justice, shall conduct a study of the procedures followed
in internal, noncriminal investigations of State and local
law enforcement officers to determine if such investiga-
tions are conducted fairly and effectively. The study shall
examine the adequacy of the rights available to law en-
forcement officers and members of the public in cases in-
volving the performance of a law enforcement officer, in-
cluding—
(1) notice;
(2) conduct of questioning;
(3) counsel;
(4) hearings;
(5) appeal; and
(6) sanctions.
Not later than one year after the date of enactment of
this Act, the Attorney General shall submit to the Com-
mittees on the Judiciary of the Senate and the House of
246
Representatives a report on the results of the study, along
with findings and recommendations on strategies to guar-
antee fair and effective internal affairs investigations.
TITLE XII—GRANT PROGRAM
FOR STATE PRISONS
SEC. 1201. 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—
(1) by redesignating part W as part X;
(2) by redesignating section 2301 as section
2401; and
(3) by inserting after part V the following:
‘‘PART W—RESIDENTIAL SUBSTANCE ABUSE
TREATMENT FOR STATE PRISONERS
‘‘SEC. 2301. GRANT AUTHORIZATION.
‘‘The Director of the Bureau of Justice 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 for the purpose of develop-
ing and implementing residential substance abuse treat-
ment programs within State correctional facilities, as well
as within local correctional facilities in which inmates are
247
incarcerated for a period of time sufficient to permit sub-
stance abuse treatment.
‘‘SEC. 2302. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—(1) To request a grant under
this part the chief executive of a State shall submit an
application to the Director in such form and containing
such information as the Director may reasonably require.
‘‘(2) Such application shall include assurances that
Federal funds received under this part shall be used to
supplement, not supplant, non-Federal funds that would
otherwise be available for 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 representa-
tives of local correctional agencies and representatives of
either the State alcohol and drug abuse agency or any ap-
propriate local alcohol and drug abuse agency).
‘‘(b) DRUG TESTING REQUIREMENT.—To be eligible
to receive funds under this part, a State must agree to
implement or continue to require urinalysis or similar test-
ing of individuals in correctional residential substance
abuse treatment programs. Such testing shall include indi-
viduals released from residential substance abuse treat-
ment programs who remain in the custody of the State.
248
‘‘(c) 
ELIGIBILITY
FOR
PREFERENCE
WITH
AFTERCARE COMPONENT.—
‘‘(1) To be eligible for a preference under this
part, a State must ensure that individuals who par-
ticipate in the drug treatment program established
or implemented with assistance provided under this
part will be provided with aftercare services.
‘‘(2) State aftercare services must involve the
coordination of the prison treatment program with
other human service and rehabilitation programs,
such as educational and job training programs, pa-
role supervision programs, half-way house programs,
and participation in self-help and peer group pro-
grams, that may aid in the rehabilitation of individ-
uals in the drug treatment program.
‘‘(3) To qualify as an aftercare program, the
head of the drug treatment program, in conjunction
with State and local authorities and organizations
involved in drug treatment, shall assist in placement
of drug treatment program participants with appro-
priate community drug treatment facilities when
such individuals leave prison at the end of a sen-
tence or on parole.
249
‘‘(d) STATE OFFICE.—The office designated under
section 507 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3757)—
‘‘(1) shall prepare the application as required
under section 2302 of the Violent Crime Control and
Law Enforcement Act of 1993; and
‘‘(2) shall administer grant funds received
under this part, including, review of spending, proc-
essing, progress, financial reporting, technical assist-
ance, grant adjustments, accounting, auditing, and
fund disbursement.
‘‘SEC. 2303. REVIEW OF STATE APPLICATIONS.
‘‘(a) IN GENERAL.—The Bureau shall make a grant
under section 2301 of the Violent Crime Control and Law
Enforcement Act of 1993 to carry out the projects de-
scribed in the application submitted under section 2302
of the Violent Crime Control and Law Enforcement Act
of 1993 upon determining that—
‘‘(1) the application is consistent with the re-
quirements of this part; and
‘‘(2) before the approval of the application the
Bureau has made an affirmative finding in writing
that the proposed project has been reviewed in ac-
cordance with this part.
250
‘‘(b) APPROVAL.—Each application submitted under
section 2302 of the Violent Crime Control and Law En-
forcement Act of 1993 shall be considered approved, in
whole or in part, by the Bureau not later than 45 days
after first received unless the Bureau informs the appli-
cant 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
RECONSIDER-
ATION.—The Bureau shall not disapprove any application
without first affording the applicant reasonable notice and
an opportunity for reconsideration.
‘‘SEC. 2304. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) ALLOCATION.—Of the total amount appro-
priated 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 pris-
on population of such State bears to the total prison
population of all the participating States.
251
‘‘(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 applica-
tion submitted under section 2302 of the Violent Crime
Control and Law Enforcement Act of 1993 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
information as the Director may reasonably require.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended
by striking the matter relating to part W and inserting
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.
‘‘PART X—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 2401. Continuation of rules, authorities, and proceedings.’’.
(c) DEFINITIONS.—Section 901(a) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
252
3791(a)) is amended by adding after paragraph (25) the
following:
‘‘(26) The term ‘residential substance abuse
treatment program’ means a course of individual
and group activities, lasting between 9 and 12
months, in residential treatment facilities set apart
from the general prison population—
‘‘(A) directed at the substance abuse prob-
lems of the prisoner; and
‘‘(B) 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.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793), is amended by add-
ing after paragraph (16) the following:
‘‘(17) 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 XIII—FEDERAL PRISONS
Subtitle A—General
SEC. 1301. PRISONER’S PLACE OF IMPRISONMENT.
Paragraph (b) of section 3621 of title 18, United
States Code, is amended by inserting after subsection (5)
253
the following: ‘‘However, the bureau may not consider the
social or economic status of the prisoner in designating
the place of the prisoner’s imprisonment.’’.
SEC. 1302. PRISON IMPACT ASSESSMENTS.
(a) IN GENERAL.—Chapter 303 of title 18, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 4047. Prison impact assessments
‘‘(a) Any submission of legislation by the Judicial or
Executive branch which could increase or decrease the
number of persons incarcerated or in Federal penal insti-
tutions shall be accompanied by a prison impact state-
ment, as defined in subsection (b) of this section.
‘‘(b) The Attorney General shall, in consultation with
the Sentencing Commission and the Administrative Office
of the United States Courts, prepare and furnish prison
impact assessments under subsection (c) of this section,
and in response to requests from Congress for information
relating to a pending measure or matter that might affect
the number of defendants processed through the Federal
criminal justice system. A prison impact assessment on
pending legislation must be supplied within 14 days of any
request. A prison impact assessment shall include—
‘‘(1) projections of the impact on prison, proba-
tion, and post prison supervision populations;
254
‘‘(2) an estimate of the fiscal impact of such
population changes on Federal expenditures, includ-
ing those for construction and operation of correc-
tional facilities for the current fiscal year and 5 suc-
ceeding fiscal years;
‘‘(3) an analysis of any other significant factor
affecting the cost of the measure and its impact on
the operations of components of the criminal justice
system; and
‘‘(4) a statement of the methodologies and as-
sumptions utilized in preparing the assessment.
‘‘(c) The Attorney General shall prepare and transmit
to the Committees on the Judiciary of the Senate and the
House of Representatives, by March 1 of each year, a pris-
on impact assessment reflecting the cumulative effect of
all relevant changes in the law taking effect during the
preceding calendar year.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 303 is amended by adding at
the end the following new item:
‘‘4047. Prison impact assessments.’’.
SEC. 1303. NOTIFICATION OF RELEASE OF PRISONERS.
Section 4042 of title 18, United States Code, is
amended—
(1) by striking ‘‘The Bureau’’ and inserting
‘‘(a) IN GENERAL.—The Bureau’’;
255
(2) by striking ‘‘This section’’ and inserting
‘‘(c) Application of Section.—This section’’;
(3) in paragraph (4) of subsection (a), as des-
ignated by paragraph (1) of this subsection—
(A) by striking ‘‘Provide’’ and inserting
‘‘provide’’; and
(B) by striking the period at the end and
inserting ‘‘; and’’;
(4) by inserting after paragraph (4) of sub-
section (a), as designated by paragraph (1) of this
subsection, the following new paragraph:
‘‘(5) provide notice of release of prisoners in ac-
cordance with subsection (b).’’; and
(5) by inserting after subsection (a), as des-
ignated by paragraph (1) of this subsection, the fol-
lowing new subsection:
‘‘(b) NOTICE OF RELEASE OF PRISONERS.—(1) Ex-
cept in the case of a prisoner being protected under chap-
ter 224, the Bureau of Prisons shall, at least 5 days prior
to the date on which a prisoner described in paragraph
(3) is to be released on supervised release, or, in the case
of a prisoner on supervised release, at least 5 days prior
to the date on which the prisoner changes residence to
a new jurisdiction, cause written notice of the release or
change of residence to be made to the chief law enforce-
256
ment officer of the State and of the local jurisdiction in
which the prisoner will reside.
‘‘(2) A notice under paragraph (1) shall disclose—
‘‘(A) the prisoner’s name;
‘‘(B) the prisoner’s criminal history, including a
description of the offense of which the prisoner was
convicted; and
‘‘(C) any restrictions on conduct or other condi-
tions to the release of the prisoner that are imposed
by law, the sentencing court, or the Bureau of Pris-
ons or any other Federal agency.
‘‘(3) A prisoner is described in this paragraph if the
prisoner was convicted of—
‘‘(A) a drug trafficking crime, as that term is
defined in section 924(c)(2); or
‘‘(B) a crime of violence, as that term is defined
in section 924(c)(3).
‘‘(4) The notice provided under this section
shall be used solely for law enforcement purposes.’’.
SEC. 1304. APPLICATION TO PRISONERS TO WHICH PRIOR
LAW APPLIES.
In the case of a prisoner convicted of an offense com-
mitted prior to November 1, 1987, the reference to super-
vised release in section 4042(b) of title 18, United States
257
Code, shall be deemed to be a reference to probation or
parole.
Subtitle B—Drug Testing
SEC. 1305. POST-CONVICTION RELEASE DRUG TESTING—
FEDERAL OFFENDERS.
(b) DRUG TESTING PROGRAM.—(1) Chapter 229 of
title 18, United States Code, is amended by adding at the
end the following new section:
‘‘§ 3608. Drug testing of Federal offenders on post-
conviction release
‘‘The Director of the Administrative Office of the
United States Courts, in consultation with the Attorney
General and the Secretary of Health and Human Services,
shall establish a program of drug testing of Federal of-
fenders on post-conviction release. The program shall in-
clude such standards and guidelines as the Director may
determine necessary to ensure the reliability and accuracy
of the drug testing programs. In each judicial district the
chief probation officer shall arrange for the drug testing
of defendants on post-conviction release pursuant to a con-
viction for a felony or other offense described in section
3563(a)(4) of this title.’’.
(2) The table of sections at the beginning of chapter
229 of title 18, United States Code, is amended by adding
at the end the following:
‘‘3608. Drug testing of Federal offenders on post-conviction release.’’.
258
(c) CONDITIONS OF PROBATION.—Section 3563(a) of
title 18, United States Code, is amended—
(1) in paragraph (2) by striking ‘‘and’’ after
the semicolon;
(2) in paragraph (3) by striking the period and
inserting ‘‘; and’’;
(3) by adding at the end the following new
paragraph:
‘‘(4) for a felony, a misdemeanor, or an infrac-
tion, that the defendant refrain from any unlawful
use of a controlled substance and submit to one drug
test within 15 days of release on probation and at
least 2 periodic drug tests thereafter (as determined
by the court) for use of a controlled substance, but
the condition stated in this paragraph may be ame-
liorated or suspended by the court for any individual
defendant if the defendant’s presentence report or
other reliable sentencing information indicates a low
risk of future substance abuse by the defendant.’’;
and
(4) by adding at the end the following: ‘‘The re-
sults of a drug test administered in accordance with
paragraph (4) shall be subject to confirmation only
if the results are positive, the defendant is subject
to possible imprisonment for such failure, and either
259
the defendant denies the accuracy of such test or
there is some other reason to question the results of
the test. A defendant who tests positive may be de-
tained pending verification of a positive drug test re-
sult. A drug test confirmation shall be a urine drug
test confirmed using gas chromatography/mass spec-
trometry techniques or such test as the Director of
the Administrative Office of the United States
Courts after consultation with the Secretary of
Health and Human Services may determine to be of
equivalent accuracy. The court shall consider wheth-
er the availability of appropriate substance abuse
treatment programs, or an individual’s current or
past participation in such programs, warrants an ex-
ception in accordance with United States Sentencing
Commission guidelines from the rule of subsection
3565(b), when considering any action against a de-
fendant who fails a drug test administered in ac-
cordance with paragraph (4). ’’.
(d) CONDITIONS OF SUPERVISED RELEASE.—Section
3583(d) of title 18, United States Code, is amended by
inserting after the first sentence the following: ‘‘The court
shall also order, as an explicit condition of supervised re-
lease, that the defendant refrain from any unlawful use
of a controlled substance and submit to a drug test within
260
15 days of release on supervised release and at least 2
periodic drug tests thereafter (as determined by the court)
for use of a controlled substance. The condition stated in
the preceding sentence may be ameliorated or suspended
by the court as provided in section 3563(a)(4). The results
of a drug test administered in accordance with the preced-
ing subsection shall be subject to confirmation only if the
results are positive, the defendant is subject to possible
imprisonment for such failure, and either the defendant
denies the accuracy of such test or there is some other
reason to question the results of the test. A drug test con-
firmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such
test as the Director of the Administrative Office of the
United States Courts after consultation with the Secretary
of Health and Human Services may determine to be of
equivalent accuracy. The court shall consider whether the
availability of appropriate substance abuse treatment pro-
grams, or an individual’s current or past participation in
such programs, warrants an exception in accordance with
United States Sentencing Commission guidelines from the
rule of subsection 3565(g) when considering any action
against a defendant who fails a drug test.’’.
(e) CONDITIONS OF PAROLE.—Section 4209(a) of
title 18, United States Code, is amended by inserting after
261
the first sentence the following: ‘‘In every case, the Com-
mission shall also impose as a condition of parole that the
parolee pass a drug test prior to release and refrain from
any unlawful use of a controlled substance and submit to
at least 2 periodic drug tests (as determined by the Com-
mission) for use of a controlled substance. The condition
stated in the preceding sentence may be ameliorated or
suspended by the Commission for any individual parolee
if it determines that there is good cause for doing so. The
results of a drug test administered in accordance with the
provisions of the preceding sentence shall be subject to
confirmation only if the results are positive, the defendant
is subject to possible imprisonment for such failure, and
either the defendant denies the accuracy of such test or
there is some other reason to question the results of the
test. A drug test confirmation shall be a urine drug test
confirmed using gas chromatography/mass spectrometry
techniques or such test as the Director of the Administra-
tive Office of the United States Courts after consultation
with the Secretary of Health and Human Services may
determine to be of equivalent accuracy. The Commission
shall consider whether the availability of appropriate sub-
stance abuse treatment programs, or an individual’s cur-
rent or past participation in such programs, warrants an
exception in accordance with United States Sentencing
262
Commission guidelines from the rule of subsection
3565(b) when considering any action against a defendant
who fails a drug test.’’.
Subtitle C—Enhanced Penalties for
Drugs in Federal Prisons
SEC. 1306. ENHANCEMENT OF PENALTIES FOR DRUG TRAF-
FICKING IN FEDERAL PRISONS.
(a) SENTENCING COMMISSION DIRECTION.—Pursu-
ant to its authority under 994 of title 28, United States,
Code, the United States Sentencing Commission shall
amend its sentencing guidelines to provide an appropriate
enhancement of any controlled substances offense if the
offense was committed while the defendant was impris-
oned.
(b) TITLE 18 AMENDMENTS.—Section 1791 of title
18, United States, Code, is amended—
(1) in subsection (d)(1)(A), by inserting after
‘‘a firearm or destructive device’’ the following: ‘‘or
a controlled substance in schedule I or II, other than
marijuana or a controlled substance referred to in
subparagraph (C) of this subsection’’;
(2) in subsection (d)(1)(B), by inserting before
‘‘ammunition,’’ the following: ‘‘marijuana or a con-
trolled substance in schedule III, other than a con-
263
trolled substance referred to in subparagraph (C) of
this subsection,’’;
(3) in subsection (d)(1)(C), by inserting ‘‘meth-
amphetamine, its salts, isomers, and salts of its iso-
mers,’’ after ‘‘a narcotic drug,’’;
(4) in subsection (d)(1)(D), by inserting ‘‘(A),
(B), or’’ before ‘‘(C)’’; and
(5) in subsection (b), by striking ‘‘(c)’’ each
place it appears and inserting in lieu thereof ‘‘(d)’’.
SEC. 1307. ENHANCED PENALTIES FOR ILLEGAL DRUG USE
IN FEDERAL PRISONS.
(a) DECLARATION OF POLICY.—It is the policy of the
Federal Government that the use or distribution of illegal
drugs in the Nation’s Federal prisons will not be tolerated
and that such crimes shall be prosecuted to the fullest ex-
tent of the law.
(b) SENTENCING GUIDELINES.—Pursuant to its au-
thority under section 994 of title 28, United States Code,
the United States Sentencing Commission shall amend its
sentencing guidelines to provide for an appropriate en-
hancement of the penalty for a person convicted of an of-
fense—
‘‘(1) under section 404 of the Controlled Sub-
stances Act involving simple possession of a con-
264
trolled substance within a Federal prison or other
Federal detention facility; or
‘‘(2) under section 401(b) of the Controlled
Substances Act involving the smuggling of a con-
trolled substance into a Federal prison or other Fed-
eral detention facility or the distribution or intended
distribution of a controlled substance within a Fed-
eral prison or other Federal detention facility.
(c) NO
PROBATION
OR
SUSPENSION
OF
SEN-
TENCE.—Notwithstanding any other law, the court shall
not place on probation or suspend the sentence of a person
convicted of an offense described in subsection (b).
Subtitle D—Drug Treatment in
Federal Prisons
SEC. 1308. DRUG TREATMENT IN FEDERAL PRISONS.
(a) DEFINITIONS.—As used in this section—
(1) the term ‘‘residential substance abuse treat-
ment ’’ means a course of individual and group ac-
tivities, lasting between 9 and 12 months, in residen-
tial treatment facilities set apart from the general
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
265
skills so as to solve the prisoner’s substance
abuse and related problems; and
(2) the term ‘‘eligible prisoner’’ means a pris-
oner who is—
(A) determined by the Bureau of Prisons
to have a substance abuse problem; and
(B) willing to participate in a residential
substance abuse treatment program.
(b) 
IMPLEMENTATION
OF
SUBSTANCE
ABUSE
TREATMENT REQUIREMENT.—
(1) In order to carry out the requirement of the
last sentence of section 3621(b) of title 18, United
States Code, that every prisoner with a substance
abuse problem have the opportunity to participate in
appropriate substance abuse treatment, the Bureau
of Prisons shall provide residential substance abuse
treatment—
(A) for not less than 50 percent of eligible
prisoners by the end of fiscal year 1995;
(B) for not less than 75 percent of eligible
prisoners by the end of fiscal year 1996; and
(C) for all eligible prisoners by the end of
fiscal year 1997 and thereafter.
266
(2) Section 3621 of title 18, United States
Code, is amended by adding at the end the follow-
ing:
‘‘(d) INCENTIVE FOR PRISONERS’ SUCCESSFUL COM-
PLETION OF TREATMENT PROGRAM.—
‘‘(1) 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 sub-
section (b) of this section, shall remain in the cus-
tody of the Bureau for such time (as limited by
paragraph (2) of this subsection) and under such
conditions, as the Bureau deems appropriate. If the
conditions of confinement are different from those
the prisoner would have experienced absent the suc-
cessful completion of the treatment, the Bureau
shall periodically test the prisoner for drug abuse
and discontinue such conditions on determining that
drug abuse has recurred.
‘‘(2) PERIOD
OF CUSTODY.—The period the
prisoner remains in custody after successfully com-
pleting 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.’’.
267
(c) 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—
(1) a detailed quantitative and qualitative de-
scription of each substance abuse treatment pro-
gram, residential or not, operated by the Bureau;
(2) a full explanation of how eligibility for such
programs is determined, with complete information
on what proportion of prisoners with substance
abuse problems are eligible; and
(3) a complete statement of to what extent the
Bureau has achieved compliance with the require-
ments of this title.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated in each fiscal year such
sums as may be necessary to carry out this section.
Subtitle E—Studies
SEC. 1309. NATIONAL INSTITUTE OF JUSTICE STUDY.
(a) FEASIBILITY STUDY.—The National Institute of
Justice shall study the feasibility of establishing a clear-
inghouse to provide information to interested persons to
facilitate the transfer of prisoners in State correctional in-
stitutions to other such correctional institutions, pursuant
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to the Interstate Corrections Compact or other applicable
interstate compact, for the purpose of allowing prisoners
to serve their prison sentences at correctional institutions
in close proximity to their families.
(b) REPORT TO CONGRESS.—The National Institute
of Justice shall, not later than 1 year after the date of
the enactment of this Act, submit to the Committees on
the Judiciary of the House of Representatives and the
Senate a report containing the results of the study con-
ducted under subsection (a), together with any rec-
ommendations the Institute may have on establishing a
clearinghouse described in such subsection.
(c) DEFINITION.—For purposes of this section, the
term ‘‘State’’ includes the District of Columbia and any
territory or possession of the United States.
SEC. 1310. STUDY AND ASSESSMENT OF ALCOHOL USE AND
TREATMENT.
The Director of the National Institute of Justice
shall—
(1) conduct a study to compare the recidivism
rates of individuals under the influence of alcohol or
alcohol in combination with other drugs at the time
of their offense—
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(A) who participated in a residential treat-
ment program while in the custody of the State;
and
(B) who did not participate in a residential
treatment program while in the custody of the
State.
(2) conduct a nationwide assessment regarding
the use of alcohol and alcohol in combination with
other drugs as a factor in violent, domestic, and gen-
eral criminal activity.
TITLE XIV—RURAL CRIME
Subtitle A—Fighting Drug
Trafficking in Rural Areas
SEC. 1401. AUTHORIZATIONS FOR RURAL LAW ENFORCE-
MENT AGENCIES.
(a) AUTHORIZATION OF APPROPRIATIONS.—The sec-
ond paragraph (7) of section 1001(a) of title I of the Om-
nibus Crime Control and Safe Streets Act of 1968 is
amended—
(1) by striking ‘‘(7)’’ and inserting ‘‘(8)’’; and
(2) by striking ‘‘and such’’ and all that follows
through ‘‘part O’’ and inserting ‘‘$50,000,000 for
fiscal year 1994, and such sums as may be nec-
essary for fiscal years 1995 and 1996 to carry out
part O of this title’’.
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titudes toward authority, status of basic social units
(such as families), and traditions that contribute to
illicit drug use and abuse.
(5) PHYSIOLOGICAL AND PSYCHOLOGICAL FAC-
TORS.—The physiological and psychological factors
that contribute to the desire for illicit drugs.
(6) EFFORTS OF GOVERNMENTS.—The current
status of Federal, State, and local efforts regarding
the causes of illicit drug use and abuse, including a
review of drug strategies being promoted by Federal,
State, and local authorities to address the causes of
illicit drug use and abuse.
SEC. 1706. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—
(1) IN GENERAL.—The Commission shall con-
sist of 13 members, as follows:
(A) PRESIDENT.—Three individuals ap-
pointed by the President.
(B) SENATE.—Five individuals appointed
jointly by the majority and minority leaders of
the Senate. Not more than 3 members ap-
pointed under this paragraph may be of the
same political party. At least 1 member ap-
pointed under this paragraph shall be a recover-
ing drug user.