H. R. 3355
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To control and prevent crime.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Violent Crime Control and
Law Enforcement Act of 1994’’.
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—PUBLIC SAFETY AND POLICING
Sec. 10001. Short title.
Sec. 10002. Purposes.
Sec. 10003. Community policing; ‘‘Cops on the Beat’’.
TITLE II—PRISONS
Subtitle A—Violent Offender Incarceration and Truth in Sentencing Incentive
Grants
Sec. 20101. Grants for correctional facilities.
Sec. 20102. Truth in sentencing incentive grants.
Sec. 20103. Violent offender incarceration grants.
Sec. 20104. Matching requirement.
Sec. 20105. Rules and regulations.
Sec. 20106. Technical assistance and training.
Sec. 20107. Evaluation.
Sec. 20108. Definitions.
Sec. 20109. Authorization of appropriations.
Subtitle B—Punishment for Young Offenders
Sec. 20201. Certain punishment for young offenders.
Subtitle C—Alien Incarceration
Sec. 20301. Incarceration of undocumented criminal aliens.
Subtitle D—Miscellaneous Provisions
Sec. 20401. Prisoner’s place of imprisonment.
Sec. 20402. Prison impact assessments.
Sec. 20403. Sentences to account for costs to the Government of imprisonment, re-
lease, and probation.
Sec. 20404. Application to prisoners to which prior law applies.
Sec. 20405. Crediting of ‘‘good time’’.
Sec. 20406. Task force on prison construction standardization and techniques.
Sec. 20407. Efficiency in law enforcement and corrections.
Sec. 20408. Amendments to the Department of Education Organization Act and the
National Literacy Act of 1991.
Sec. 20409. Appropriate remedies for prison overcrowding.
Sec. 20410. Congressional approval of any expansion at Lorton and congressional
hearings on future needs.
H. R. 3355—2
Sec. 20411. Awards of Pell Grants to prisoners prohibited.
Sec. 20412. Education requirement for early release.
Sec. 20413. Conversion of closed military installations into Federal prison facilities.
Sec. 20414. Post-conviction release drug testing—Federal offenders.
Sec. 20415. Reporting of cash received by criminal court clerks.
Sec. 20416. Civil rights of institutionalized persons.
Sec. 20417. Notification of release of prisoners.
Sec. 20418. Correctional job training and placement.
TITLE III—CRIME PREVENTION
Subtitle A—Ounce of Prevention Council
Sec. 30101. Ounce of Prevention Council.
Sec. 30102. Ounce of prevention grant program.
Sec. 30103. Definition.
Sec. 30104. Authorization of appropriations.
Subtitle B—Local Crime Prevention Block Grant Program
Sec. 30201. Payments to local governments.
Sec. 30202. Authorization of appropriations.
Sec. 30203. Qualification for payment.
Sec. 30204. Allocation and distribution of funds.
Sec. 30205. Utilization of private sector.
Sec. 30206. Public participation.
Sec. 30207. Administrative provisions.
Sec. 30208. Definitions.
Subtitle C—Model Intensive Grant Programs
Sec. 30301. Grant authorization.
Sec. 30302. Uses of funds.
Sec. 30303. Program requirements.
Sec. 30304. Applications.
Sec. 30305. Reports.
Sec. 30306. Definitions.
Sec. 30307. Authorization of appropriations.
Subtitle D—Family and Community Endeavor Schools Grant Program
Sec. 30401. Community schools youth services and supervision grant program.
Sec. 30402. Family and community endeavor schools grant program.
Sec. 30403. Authorization of appropriations.
Subtitle G—Assistance for Delinquent and At-Risk Youth
Sec. 30701. Grant authority.
Sec. 30702. Authorization of appropriations.
Subtitle H—Police Recruitment
Sec. 30801. Grant authority.
Sec. 30802. Authorization of appropriations.
Subtitle J—Local Partnership Act
Sec. 31001. Establishment of payment program.
Sec. 31002. Technical amendment.
Subtitle K—National Community Economic Partnership
Sec. 31101. Short title.
CHAPTER 1—COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS
Sec. 31111. Purpose.
Sec. 31112. Provision of assistance.
Sec. 31113. Approval of applications.
Sec. 31114. Availability of lines of credit and use.
Sec. 31115. Limitations on use of funds.
Sec. 31116. Program priority for special emphasis programs.
CHAPTER 2—EMERGING COMMUNITY DEVELOPMENT CORPORATIONS
Sec. 31121. Community development corporation improvement grants.
Sec. 31122. Emerging community development corporation revolving loan funds.
CHAPTER 3—MISCELLANEOUS PROVISIONS
Sec. 31131. Definitions.
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Sec. 31132. Authorization of appropriations.
Sec. 31133. Prohibition.
Subtitle O—Urban Recreation and At-Risk Youth
Sec. 31501. Purpose of assistance.
Sec. 31502. Definitions.
Sec. 31503. Criteria for selection.
Sec. 31504. Park and recreation action recovery programs.
Sec. 31505. Miscellaneous and technical amendments.
Subtitle Q—Community-Based Justice Grants for Prosecutors
Sec. 31701. Grant authorization.
Sec. 31702. Use of funds.
Sec. 31703. Applications.
Sec. 31704. Allocation of funds; limitations on grants.
Sec. 31705. Award of grants.
Sec. 31706. Reports.
Sec. 31707. Authorization of appropriations.
Sec. 31708. Definitions.
Subtitle S—Family Unity Demonstration Project
Sec. 31901. Short title.
Sec. 31902. Purpose.
Sec. 31903. Definitions.
Sec. 31904. Authorization of appropriations.
CHAPTER 1—GRANTS TO STATES
Sec. 31911. Authority to make grants.
Sec. 31912. Eligibility to receive grants.
Sec. 31913. Reports.
CHAPTER 2—FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS
Sec. 31921. Authority of the Attorney General.
Sec. 31922. Requirements.
Subtitle T—Substance Abuse Treatment in Federal Prisons
Sec. 32001. Substance abuse treatment in Federal prisons.
Subtitle U—Residential Substance Abuse Treatment for State Prisoners
Sec. 32101. Residential substance abuse treatment for State prisoners.
Subtitle V—Prevention, Diagnosis, and Treatment of Tuberculosis in Correctional
Institutions
Sec. 32201. Prevention, diagnosis, and treatment of tuberculosis in correctional in-
stitutions.
Subtitle X—Gang Resistance Education and Training
Sec. 32401. Gang resistance education and training projects.
TITLE IV—VIOLENCE AGAINST WOMEN
Sec. 40001. Short title.
Subtitle A—Safe Streets for Women
Sec. 40101. Short title.
CHAPTER 1—FEDERAL PENALTIES FOR SEX CRIMES
Sec. 40111. Repeat offenders.
Sec. 40112. Federal penalties.
Sec. 40113. Mandatory restitution for sex crimes.
Sec. 40114. Authorization for Federal victim’s counselors.
CHAPTER 2—LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE VIOLENT
CRIMES AGAINST WOMEN
Sec. 40121. Grants to combat violent crimes against women.
CHAPTER 3—SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC PARKS
Sec. 40131. Grants for capital improvements to prevent crime in public transpor-
tation.
H. R. 3355—4
Sec. 40132. Grants for capital improvements to prevent crime in national parks.
Sec. 40133. Grants for capital improvements to prevent crime in public parks.
CHAPTER 4—NEW EVIDENTIARY RULES
Sec. 40141. Sexual history in criminal and civil cases.
CHAPTER 5—ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT
Sec. 40151. Education and prevention grants to reduce sexual assaults against
women.
Sec. 40152. Training programs.
Sec. 40153. Confidentiality of communications between sexual assault or domestic
violence victims and their counselors.
Sec. 40154. Information programs.
Sec. 40155. Education and prevention grants to reduce sexual abuse of runaway,
homeless, and street youth.
Sec. 40156. Victims of child abuse programs.
Subtitle B—Safe Homes for Women
Sec. 40201. Short title.
CHAPTER 1—NATIONAL DOMESTIC VIOLENCE HOTLINE
Sec. 40211. Grant for a national domestic violence hotline.
CHAPTER 2—INTERSTATE ENFORCEMENT
Sec. 40221. Interstate enforcement.
CHAPTER 3—ARREST POLICIES IN DOMESTIC VIOLENCE CASES
Sec. 40231. Encouraging arrest policies.
CHAPTER 4—SHELTER GRANTS
Sec. 40241. Grants for battered women’s shelters.
CHAPTER 5—YOUTH EDUCATION
Sec. 40251. Youth education and domestic violence.
CHAPTER 6—COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE
Sec. 40261.
Establishment of community programs on domestic violence.
CHAPTER 7—FAMILY VIOLENCE PREVENTION AND SERVICES ACT AMENDMENTS
Sec. 40271. Grantee reporting.
Sec. 40272. Technical amendments.
CHAPTER 8—CONFIDENTIALITY FOR ABUSED PERSONS
Sec. 40281. Confidentiality of abused person’s address.
CHAPTER 9—DATA AND RESEARCH
Sec. 40291. Research agenda.
Sec. 40292. State databases.
Sec. 40293. Number and cost of injuries.
CHAPTER 10—RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
Sec. 40295. Rural domestic violence and child abuse enforcement assistance.
Subtitle C—Civil Rights for Women
Sec. 40301. Short title.
Sec. 40302. Civil rights.
Sec. 40303. Attorney’s fees.
Sec. 40304. Sense of the Senate concerning protection of the privacy of rape vic-
tims.
Subtitle D—Equal Justice for Women in the Courts Act
Sec. 40401. Short title.
CHAPTER 1—EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
STATE COURTS
Sec. 40411. Grants authorized.
Sec. 40412. Training provided by grants.
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Sec. 40413. Cooperation in developing programs in making grants under this title.
Sec. 40414. Authorization of appropriations.
CHAPTER 2—EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
FEDERAL COURTS
Sec. 40421. Authorizations of circuit studies; education and training grants.
Sec. 40422. Authorization of appropriations.
Subtitle E—Violence Against Women Act Improvements
Sec. 40501. Pre-trial detention in sex offense cases.
Sec. 40502. Increased penalties for sex offenses against victims below the age of 16.
Sec. 40503. Payment of cost of testing for sexually transmitted diseases.
Sec. 40504. Extension and strengthening of restitution.
Sec. 40505. Enforcement of restitution orders through suspension of Federal
benefits.
Sec. 40506. National baseline study on campus sexual assault.
Sec. 40507. Report on battered women’s syndrome.
Sec. 40508. Report on confidentiality of addresses for victims of domestic violence.
Sec. 40509. Report on recordkeeping relating to domestic violence.
Subtitle F—National Stalker and Domestic Violence Reduction
Sec. 40601. Authorizing access to Federal criminal information databases.
Sec. 40602. Grant program.
Sec. 40603. Authorization of appropriations.
Sec. 40604. Application requirements.
Sec. 40605. Disbursement.
Sec. 40606. Technical assistance, training, and evaluations.
Sec. 40607. Training programs for judges.
Sec. 40608. Recommendations on intrastate communication.
Sec. 40609. Inclusion in national incident-based reporting system.
Sec. 40610. Report to Congress.
Sec. 40611. Definitions.
Subtitle G—Protections for Battered Immigrant Women and Children
Sec. 40701. Alien petitioning rights for immediate relative or second preference sta-
tus.
Sec. 40702. Use of credible evidence in spousal waiver applications.
Sec. 40703. Suspension of deportation.
TITLE V—DRUG COURTS
Sec. 50001. Drug courts.
Sec. 50002. Study by the General Accounting Office.
TITLE VI—DEATH PENALTY
Sec. 60001. Short title.
Sec. 60002. Constitutional procedures for the imposition of the sentence of death.
Sec. 60003. Specific offenses for which death penalty is authorized.
Sec. 60004. Applicability to Uniform Code of Military Justice.
Sec. 60005. Death penalty for murder by a Federal prisoner.
Sec. 60006. Death penalty for civil rights murders.
Sec. 60007. Death penalty for the murder of Federal law enforcement officials.
Sec. 60008. New offense for the indiscriminate use of weapons to further drug con-
spiracies.
Sec. 60009. Foreign murder of United States nationals.
Sec. 60010. Death penalty for rape and child molestation murders.
Sec. 60011. Death penalty for sexual exploitation of children.
Sec. 60012. Murder by escaped prisoners.
Sec. 60013. Death penalty for gun murders during Federal crimes of violence and
drug trafficking crimes.
Sec. 60014. Homicides and attempted homicides involving firearms in Federal fa-
cilities.
Sec. 60015. Death penalty for the murder of State or local officials assisting Fed-
eral law enforcement officials and State correctional officers.
Sec. 60016. Protection of court officers and jurors.
Sec. 60017. Prohibition of retaliatory killings of witnesses, victims, and informants.
Sec. 60018. Death penalty for murder of Federal witnesses.
Sec. 60019. Offenses of violence against maritime navigation or fixed platforms.
Sec. 60020. Torture.
Sec. 60021. Violence at airports serving international civil aviation.
Sec. 60022. Terrorist Death Penalty Act.
H. R. 3355—6
Sec. 60023. Weapons of mass destruction.
Sec. 60024. Enhanced penalties for alien smuggling.
Sec. 60025. Protection of jurors and witnesses in capital cases.
Sec. 60026. Appointment of Counsel.
TITLE VII—MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED
OF CERTAIN FELONIES
Sec. 70001. Mandatory life imprisonment for persons convicted of certain felonies.
Sec. 70002. Limited grant of authority to Bureau of Prisons.
TITLE VIII—APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN
CERTAIN CASES
Sec. 80001. Limitation on applicability of mandatory minimum penalties in certain
cases.
TITLE IX—DRUG CONTROL
Subtitle A—Enhanced Penalties and General Provisions
Sec. 90101. Enhancement of penalties for drug trafficking in prisons.
Sec. 90102. Increased penalties for drug-dealing in ‘‘drug-free’’ zones.
Sec. 90103. Enhanced penalties for illegal drug use in Federal prisons and for
smuggling drugs into Federal prisons.
Sec. 90104. Clarification of narcotic or other dangerous drugs under RICO.
Sec. 90105. Conforming amendments to recidivist penalty provisions of the Con-
trolled Substances Act and the Controlled Substances Import and Ex-
port Act.
Sec. 90106. Advertising.
Sec. 90107. Violent crime and drug emergency areas.
Subtitle B—National Narcotics Leadership Act Amendments
Sec. 90201. Implementation of National Drug Control Strategy.
Sec. 90202. Report on reprogramming; office personnel restriction.
Sec. 90203. National Drug Control Strategy outcome measures.
Sec. 90204. Counter-Drug Technology Assessment Center.
Sec. 90205. Special Forfeiture Fund amendments.
Sec. 90206. Authorization of appropriations.
Sec. 90207. Adequate staffing of the Office of National Drug Control Policy.
Sec. 90208. Termination of Office of National Drug Control Policy.
TITLE X—DRUNK DRIVING PROVISIONS
Sec. 100001. Short title.
Sec. 100002. State laws applied in areas of Federal jurisdiction.
Sec. 100003. Driving while intoxicated prosecution program.
TITLE XI—FIREARMS
Subtitle A—Assault Weapons
Sec. 110101. Short title.
Sec. 110102. Restriction on manufacture, transfer, and possession of certain semi-
automatic assault weapons.
Sec. 110103. Ban of large capacity ammunition feeding devices.
Sec. 110104. Study by Attorney General.
Sec. 110105. Effective date.
Sec. 110106. Appendix A to section 922 of title 18.
Subtitle B—Youth Handgun Safety
Sec. 110201. Prohibition of the possession of a handgun or ammunition by, or the
private transfer of a handgun or ammunition to, a juvenile.
Subtitle C—Licensure
Sec. 110301. Firearms licensure and registration to require a photograph and fin-
gerprints.
Sec. 110302. Compliance with State and local law as a condition to license.
Sec. 110303. Action on firearms license application.
Sec. 110304. Inspection of firearms licensees’ inventory and records.
Sec. 110305. Reports of theft or loss of firearms.
Sec. 110306. Responses to requests for information.
Sec. 110307. Notification of names and addresses of firearms licensees.
Subtitle D—Domestic Violence
Sec. 110401. Prohibition against disposal of firearms to, or receipt of firearms by,
persons who have committed domestic abuse.
H. R. 3355—7
Subtitle E—Gun Crime Penalties
Sec. 110501. Enhanced penalty for use of a semiautomatic firearm during a crime
of violence or a drug trafficking crime.
Sec. 110502. Enhanced penalty for second offense of using an explosive to commit
a felony.
Sec. 110503. Smuggling firearms in aid of drug trafficking.
Sec. 110504. Theft of firearms and explosives.
Sec. 110505. Revocation of supervised release after imprisonment.
Sec. 110506. Revocation of probation.
Sec. 110507. Increased penalty for knowingly making false, material Statement in
connection with the acquisition of a firearm from a licensed dealer.
Sec. 110508. Possession of explosives by felons and others.
Sec. 110509. Summary destruction of explosives subject to forfeiture.
Sec. 110510. Elimination of outmoded language relating to parole.
Sec. 110511. Prohibition against transactions involving stolen firearms which have
moved in interstate or foreign commerce.
Sec. 110512. Using a firearm in the commission of counterfeiting or forgery.
Sec. 110513. Enhanced penalties for firearms possession by violent felons and seri-
ous drug offenders.
Sec. 110514. Receipt of firearms by nonresident.
Sec. 110515. Theft of firearms or explosives from licensee.
Sec. 110516. Disposing of explosives to prohibited persons.
Sec. 110517. Increased penalty for interstate gun trafficking.
Sec. 110518. Firearms and explosives conspiracy.
Sec. 110519. Definition of armor piercing ammunition.
TITLE XII—TERRORISM
Sec. 120001. Extension of the statute of limitation for certain terrorism offenses.
Sec. 120002. Jurisdiction over crimes against United States nationals on certain
foreign ships.
Sec. 120003. Counterfeiting United States currency abroad.
Sec. 120004. Sentencing guidelines increase for terrorist crimes.
Sec. 120005. Providing material support to terrorists.
TITLE XIII—CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT
Sec. 130001. Enhancement of penalties for failing to depart, or reentering, after
final order of deportation.
Sec. 130002. Criminal alien tracking center.
Sec. 130003. Alien witness cooperation and counterterrorism information.
Sec. 130004. Deportation procedures for certain criminal aliens who are not perma-
nent residents.
Sec. 130005. Expeditious deportation for denied asylum applicants.
Sec. 130006. Improving border controls.
Sec. 130007. Expanded special deportation proceedings.
Sec. 130008. Authority to accept certain assistance.
Sec. 130009. Passport and visa offenses penalties improvement.
Sec. 130010. Asylum.
TITLE XIV—YOUTH VIOLENCE
Sec. 140001. Prosecution as adults of certain juveniles for crimes of violence.
Sec. 140002. Commencement of juvenile proceeding.
Sec. 140003. Separation of juvenile from adult offenders.
Sec. 140004. Bindover system for certain violent juveniles
Sec. 140005. Amendment concerning records of crimes committed by juveniles.
Sec. 140006. Increased penalties for employing children to distribute drugs near
schools and playgrounds.
Sec. 140007. Increased penalties for Travel Act crimes involving violence and con-
spiracy to commit contract killings.
Sec. 140008. Solicitation of minor to commit crime.
TITLE XV—CRIMINAL STREET GANGS
Sec. 150001. Criminal street gangs.
Sec. 150002. Adult prosecution of serious juvenile offenders.
Sec. 150003. Addition of anti-gang Byrne grant funding objective.
Sec. 150006. Mentoring program.
Sec. 150007. Juvenile anti-drug and anti-gang grants in federally assisted low-in-
come housing.
Sec. 150008. Gang investigation coordination and information collection.
Sec. 150009. Multijurisdictional gang task forces.
TITLE XVI—CHILD PORNOGRAPHY
Sec. 160001. Penalties for international trafficking in child pornography.
H. R. 3355—8
Sec. 160002. Sense of Congress concerning State legislation regarding child pornog-
raphy.
Sec. 160003. Confirmation of intent of Congress in enacting sections 2252 and 2256
of title 18, United States Code.
TITLE XVII—CRIMES AGAINST CHILDREN
Subtitle A—Jacob Wetterling Crimes Against Children and Sexually Violent
Offender Registration Act
Sec. 170101. Establishment of program.
Subtitle B—Assaults Against Children
Sec. 170201. Assaults against children.
Subtitle C—Missing and Exploited Children
Sec. 170301. Short title.
Sec. 170302. Purpose.
Sec. 170303. Establishment of task force.
TITLE XVIII—RURAL CRIME
Subtitle A—Drug Trafficking in Rural Areas
Sec. 180101. Authorizations for rural law enforcement agencies.
Sec. 180102. Rural crime and drug enforcement task forces.
Sec. 180103. Rural drug enforcement training.
Sec. 180104. More agents for the Drug Enforcement Administration.
Subtitle B—Drug Free Truck Stops and Safety Rest Areas
Sec. 180201. Drug free truck stops and safety rest areas.
Subtitle C—Sense of Congress Regarding Funding for Rural Areas
Sec. 180301. Funding for rural areas.
TITLE XIX—FEDERAL LAW ENFORCEMENT
Sec. 190001. Federal judiciary and Federal law enforcement.
TITLE XX—POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING
AND EDUCATION
Subtitle A—Police Corps
Sec. 200101. Short title.
Sec. 200102. Purposes.
Sec. 200103. Definitions.
Sec. 200104. Establishment of office of the police corps and law enforcement edu-
cation.
Sec. 200105. Designation of lead agency and submission of State plan.
Sec. 200106. Scholarship assistance.
Sec. 200107. Selection of participants.
Sec. 200108. Police corps training.
Sec. 200109. Service obligation.
Sec. 200110. State plan requirements.
Sec. 200111. Assistance to States and localities employing police corps officers.
Sec. 200112. Authorization of appropriations.
Sec. 200113. Reports to congress.
Subtitle B—Law Enforcement Scholarship Program
Sec. 200201. Short title.
Sec. 200202. Definitions.
Sec. 200203. Allotment.
Sec. 200204. Establishment of program.
Sec. 200205. Scholarships.
Sec. 200206. Eligibility.
Sec. 200207. State application.
Sec. 200208. Local application.
Sec. 200209. Scholarship agreement.
Sec. 200210. Authorization of appropriations.
TITLE XXI—STATE AND LOCAL LAW ENFORCEMENT
Subtitle A—Byrne Program
Sec. 210101. Extension of Byrne Grant funding.
H. R. 3355—9
Subtitle B—Law Enforcement Family Support
Sec. 210201. Law enforcement family support.
Subtitle C—DNA Identification
Sec. 210301. Short title.
Sec. 210302. Funding to improve the quality and availability of DNA analyses for
law enforcement identification purposes.
Sec. 210303. Quality assurance and proficiency testing standards.
Sec. 210304. Index to facilitate law enforcement exchange of DNA identification in-
formation.
Sec. 210305. Federal Bureau of Investigation.
Sec. 210306. Authorization of appropriations.
Subtitle D—Police Pattern or Practice
Sec. 210401. Cause of action.
Sec. 210402. Data on use of excessive force.
Subtitle E—Improved Training and Technical Automation
Sec. 210501. Improved training and technical automation.
Subtitle F—Other State and Local Aid
Sec. 210601. Reauthorization of Office of Justice Programs.
Sec. 210602. Federal assistance to ease the increased burdens on State court sys-
tems resulting from enactment of this Act.
Sec. 210603. Availability of violent crime reduction trust fund to fund activities au-
thorized by the Brady Handgun Violence Prevention Act and the
National Child Protection Act of 1993.
TITLE XXII—MOTOR VEHICLE THEFT PREVENTION
Sec. 220001. Short title.
Sec. 220002. Motor vehicle theft prevention program.
Sec. 220003. Altering or removing motor vehicle identification numbers.
TITLE XXIII—VICTIMS OF CRIME
Subtitle A—Victims of Crime
Sec. 230101. Victim’s right of allocution in sentencing.
Sec. 230102. Sense of the Senate concerning the right of a victim of a violent crime
or sexual abuse to speak at an offender’s sentencing hearing and
any parole hearing.
Subtitle B—Crime Victims’ Fund
Sec. 230201. Allocation of funds for costs and grants.
Sec. 230202. Relationship of crime victim compensation to certain Federal pro-
grams.
Sec. 230203. Administrative costs for crime victim compensation.
Sec. 230204. Grants for demonstration projects.
Sec. 230205. Administrative costs for crime victim assistance.
Sec. 230206. Maintenance of effort.
Sec. 230207. Change of due date for required report.
Sec. 230208. Amendment of the Victims of Crime Act.
TITLE XXIV—PROTECTIONS FOR THE ELDERLY
Sec. 240001. Missing Alzheimer’s Disease Patient Alert Program.
Sec. 240002. Crimes against the elderly.
TITLE XXV—SENIOR CITIZENS AGAINST MARKETING SCAMS
Sec. 250001. Short title.
Sec. 250002. Enhanced penalties for telemarketing fraud.
Sec. 250003. Increased penalties for fraud against older victims.
Sec. 250004. Rewards for information leading to prosecution and conviction.
Sec. 250005. Authorization of appropriations.
Sec. 250006. Broadening application of mail fraud statute.
Sec. 250007. Fraud and related activity in connection with access devices.
Sec. 250008. Information network.
TITLE XXVI—COMMISSION MEMBERSHIP AND APPOINTMENT
Sec. 260001. Commission membership and appointment.
Sec. 260002. Conforming amendment.
H. R. 3355—10
TITLE XXVII—PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL
COMMISSION ON CRIME PREVENTION AND CONTROL
Sec. 270001. Presidential summit.
Sec. 270002. Establishment; committees and task forces; representation.
Sec. 270003. Purposes.
Sec. 270004. Responsibilities of the Commission.
Sec. 270005. Administrative matters.
Sec. 270006. Staff and support services.
Sec. 270007. Powers.
Sec. 270008. Report; termination.
Sec. 270009. Authorization of appropriations.
TITLE XXVIII—SENTENCING PROVISIONS
Sec. 280001. Imposition of sentence.
Sec. 280002. Technical amendment to mandatory conditions of probation.
Sec. 280003. Direction to United States Sentencing Commission regarding sentenc-
ing enhancements for hate crimes.
Sec. 280004. Authorization of probation for petty offenses in certain cases.
Sec. 280005. Full-time vice chairs of the United States Sentencing Commission.
Sec. 280006. Cocaine penalty study.
TITLE XXIX—COMPUTER CRIME
Sec. 290001. Computer Abuse Amendments Act of 1994.
TITLE XXX—PROTECTION OF PRIVACY OF INFORMATION IN STATE MOTOR
VEHICLE RECORDS
Sec. 300001. Short title.
Sec. 300002. Prohibition on release and use of certain personal information from
State motor vehicle records.
Sec. 300003. Effective date.
TITLE XXXI—VIOLENT CRIME REDUCTION TRUST FUND
Sec. 310001. Creation of Violent Crime Reduction Trust Fund.
Sec. 310002. Conforming reduction in discretionary spending limits.
Sec. 310003. Extension of authorizations of appropriations for fiscal years for which
the full amount authorized is not appropriated.
Sec. 310004. Flexibility in making of appropriations.
TITLE XXXII—MISCELLANEOUS
Subtitle A—Increases in Penalties
Sec. 320101. Increased penalties for assault.
Sec. 320102. Increased penalties for manslaughter.
Sec. 320103. Increased penalties for civil rights violations.
Sec. 320104. Penalties for trafficking in counterfeit goods and services.
Sec. 320105. Increased penalty for conspiracy to commit murder for hire.
Sec. 320106. Increased penalties for arson.
Sec. 320107. Increased penalties for drug trafficking near public housing.
Sec. 320108. Task force and criminal penalties relating to the introduction of
nonindigenous species.
Sec. 320109. Military medals and decorations.
Subtitle B—Extension of Protection of Civil Rights Statutes
Sec. 320201. Extension of protection of civil rights statutes.
Subtitle C—Audit and Report
Sec. 320301. Audit requirement for State and local law enforcement agencies re-
ceiving Federal asset forfeiture funds.
Sec. 320302. Report to Congress on administrative and contracting expenses.
Subtitle D—Coordination
Sec. 320401. Coordination of substance abuse treatment and prevention programs.
Subtitle E—Gambling
Sec. 320501. Clarifying amendment regarding scope of prohibition against gam-
bling on ships in international waters.
Subtitle F—White Collar Crime Amendments
Sec. 320601. Receiving the proceeds of extortion or kidnapping.
H. R. 3355—11
Sec. 320602. Receiving the proceeds of a postal robbery.
Sec. 320603. Crimes by or affecting persons engaged in the business of insurance
whose activities affect interstate commerce.
Sec. 320604. Miscellaneous amendments to title 18, United States Code.
Sec. 320605. Federal Deposit Insurance Act amendment.
Sec. 320606. Federal Credit Union Act amendments.
Sec. 320607. Addition of predicate offenses to financial institutions rewards statute.
Sec. 320608. Definition of ‘‘savings and loan association’’ for purposes of the offense
of bank robbery and related offenses.
Sec. 320609. Definition of 1-year period for purposes of the offense of obstruction
of a Federal audit.
Subtitle G—Safer Streets and Neighborhoods
Sec. 320701. Short title.
Sec. 320702. Limitation on grant distribution.
Subtitle H—Recreational Hunting Safety
Sec. 320801. Short title.
Sec. 320802. Obstruction of a lawful hunt.
Sec. 320803. Civil penalties.
Sec. 320804. Other relief.
Sec. 320805. Relationship to State and local law and civil actions.
Sec. 320806. Regulations.
Sec. 320807. Rule of construction.
Sec. 320808. Definitions.
Subtitle I—Other Provisions
Sec. 320901. Wiretaps.
Sec. 320902. Theft of major artwork.
Sec. 320903. Addition of attempted robbery, kidnapping, smuggling, and property
damage offenses to eliminate inconsistencies and gaps in coverage.
Sec. 320904. Gun-free school zones.
Sec. 320905. Interstate wagering.
Sec. 320906. Sense of Congress with respect to violence against truckers.
Sec. 320907. Sense of the Senate regarding a study on out-of-wedlock births.
Sec. 320908. Sense of the Senate regarding the role of the United Nations in inter-
national organized crime control.
Sec. 320909. Optional venue for espionage and related offenses.
Sec. 320910. Undercover operations.
Sec. 320911. Misuse of initials ‘‘DEA’’.
Sec. 320912. Definition of livestock.
Sec. 320913. Asset forfeiture.
Sec. 320914. Clarification of definition of a ‘‘court of the United States’’ to include
the district courts for Guam, the Northern Mariana Islands, and the
Virgin Islands.
Sec. 320915. Law enforcement personnel.
Sec. 320916. Authority to investigate violent crimes against travelers.
Sec. 320917. Extension of statute of limitations for arson.
Sec. 320918. Sense of Congress concerning child custody and visitation rights.
Sec. 320919. Edward Byrne Memorial Formula Grant Program.
Sec. 320920. Sense of the Senate regarding Law Day, U.S.A.
Sec. 320921. First time domestic violence offender rehabilitation program.
Sec. 320922. Display of flags at halfstaff.
Sec. 320923. Financial institution fraud.
Sec. 320924. Definition of parent for the purposes of the offense of kidnapping.
Sec. 320926. Hate Crime Statistics Act.
Sec. 320927. Exemption from Brady background check requirement of return of
handgun to owner.
Sec. 320928. Amendment of the National Child Protection Act of 1993.
Sec. 320929. Tennessee Valley Authority law enforcement personnel.
Sec. 320932. Assistant United States attorney residency.
Sec. 320933. Labels on products.
Sec. 320934. Non-dischargeability of payment of restitution order.
Sec. 320935. Admissability of evidence of similar crimes in sex offense cases.
TITLE XXXIII—TECHNICAL CORRECTIONS
Sec. 330001. Amendments relating to Federal financial assistance for law enforce-
ment.
Sec. 330002. General title 18 corrections.
Sec. 330003. Corrections of erroneous cross references and misdesignations.
Sec. 330004. Repeal of obsolete provisions in title 18.
H. R. 3355—12
Sec. 330005. Correction of drafting error in the Foreign Corrupt Practices Act.
Sec. 330006. Elimination of redundant penalty provision in 18 U.S.C. 1116.
Sec. 330007. Elimination of redundant penalty.
Sec. 330008. Corrections of misspellings and grammatical errors.
Sec. 330009. Other technical amendments.
Sec. 330010. Correction of errors found during codification.
Sec. 330011. Problems related to execution of prior amendments.
Sec. 330012. Amendment to section 1956 of title 18 to eliminate duplicate predicate
crimes.
Sec. 330013. Amendments to part V of title 18.
Sec. 330014. Update of cross reference.
Sec. 330015. Correction of error in amendatory language.
Sec. 330016. Correction of misleading and outmoded fine amounts in offenses under
title 18.
Sec. 330017. Technical corrections to title 31 crimes.
Sec. 330018. Repeal of superfluous statute of limitation and transfer of child abuse
statute of limitation.
Sec. 330019. Technical errors in section 1956.
Sec. 330020. Technical error.
Sec. 330021. Conforming spelling of variants of ‘‘kidnap’’.
Sec. 330022. Margin error.
Sec. 330023. Technical corrections relating to section 248 of title 18, United States
Code.
Sec. 330024. Technical amendments necessitated by the enactment of the Domestic
Chemical Diversion Control Act of 1993.
Sec. 330025. Victims of Crime Act.
TITLE I—PUBLIC SAFETY AND
POLICING
SEC. 10001. SHORT TITLE.
This title may be cited as the ‘‘Public Safety Partnership and
Community Policing Act of 1994’’.
SEC. 10002. PURPOSES.
The purposes of this title are to—
(1) substantially increase the number of law enforcement
officers interacting directly with members of the community
(‘‘cops on the beat’’);
(2) provide additional and more effective training to law
enforcement officers to enhance their problem solving, service,
and other skills needed in interacting with members of the
community;
(3) encourage the development and implementation of
innovative programs to permit members of the community to
assist State, Indian tribal government, and local law enforce-
ment agencies in the prevention of crime in the community;
and
(4) encourage the development of new technologies to assist
State, Indian tribal government, and local law enforcement
agencies in reorienting the emphasis of their activities from
reacting to crime to preventing crime,
by establishing a program of grants and assistance in furtherance
of these objectives, including the authorization for a period of 6
years of grants for the hiring and rehiring of additional career
law enforcement officers.
SEC. 10003. COMMUNITY POLICING; ‘‘COPS ON THE BEAT’’.
(a) IN GENERAL.—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 Q as part R;
H. R. 3355—13
(2) by redesignating section 1701 as section 1801; and
(3) by inserting after part P the following new part:
‘‘PART Q—PUBLIC SAFETY AND COMMUNITY
POLICING; ‘COPS ON THE BEAT’
‘‘SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY
POLICING GRANTS.
‘‘(a) GRANT AUTHORIZATION.—The Attorney General may make
grants to States, units of local government, Indian tribal govern-
ments, other public and private entities, and multi-jurisdictional
or regional consortia thereof to increase police presence, to expand
and improve cooperative efforts between law enforcement agencies
and members of the community to address crime and disorder
problems, and otherwise to enhance public safety.
‘‘(b) REHIRING, HIRING, AND INITIAL REDEPLOYMENT GRANT
PROJECTS.—
‘‘(1) IN GENERAL.—Grants made under subsection (a) may
be used for programs, projects, and other activities to—
‘‘(A) rehire law enforcement officers who have been
laid off as a result of State and local budget reductions
for deployment in community-oriented policing;
‘‘(B) hire and train new, additional career law enforce-
ment officers for deployment in community-oriented polic-
ing across the Nation; and
‘‘(C) procure equipment, technology, or support sys-
tems, or pay overtime, if the applicant for such a grant
demonstrates to the satisfaction of the Attorney General
that expenditures for such purposes would result in an
increase in the number of officers deployed in community-
oriented policing equal to or greater than the increase
in the number of officers that would result from a grant
for a like amount for the purposes specified in subpara-
graph (A) or (B).
‘‘(2) GRANTS FOR EQUIPMENT, TECHNOLOGY, AND SUPPORT
SYSTEMS.—Grants pursuant to paragraph (1)(C)—
‘‘(A) may not exceed—
‘‘(i) 20 percent of the funds available for grants
pursuant to this subsection in fiscal year 1995;
‘‘(ii) 20 percent of the funds available for grants
pursuant to this subsection in fiscal year 1996; or
‘‘(iii) 10 percent of the funds available for grants
pursuant to this subsection in fiscal years 1997, 1998,
1999, and 2000; and
‘‘(B) may not be awarded in fiscal years 1998, 1999,
or 2000 unless the Attorney General has certified that
grants awarded in fiscal years 1995, 1996, and 1997 pursu-
ant to subparagraph (1)(C) have resulted in an increase
in the number of officers deployed in community-oriented
policing equal to or greater than the increase in the number
of officers that have resulted from the grants in like
amounts awarded in fiscal years 1995, 1996, and 1997
pursuant to paragraph (1) (A) and (B).
‘‘(c) TROOPS-TO-COPS PROGRAMS.—
‘‘(1) IN GENERAL.—Grants made under subsection (a) may
be used to hire former members of the Armed Forces to serve
as career law enforcement officers for deployment in commu-
H. R. 3355—14
nity-oriented policing, particularly in communities that are
adversely affected by a recent military base closing.
‘‘(2) DEFINITION.—In this subsection, ‘former member of
the Armed Forces’ means a member of the Armed Forces of
the United States who is involuntarily separated from the
Armed Forces within the meaning of section 1141 of title 10,
United States Code.
‘‘(d) ADDITIONAL GRANT PROJECTS.—Grants made under sub-
section (a) may include programs, projects, and other activities
to—
‘‘(1) increase the number of law enforcement officers
involved in activities that are focused on interaction with mem-
bers of the community on proactive crime control and preven-
tion by redeploying officers to such activities;
‘‘(2) provide specialized training to law enforcement officers
to enhance their conflict resolution, mediation, problem solving,
service, and other skills needed to work in partnership with
members of the community;
‘‘(3) increase police participation in multidisciplinary early
intervention teams;
‘‘(4) develop new technologies to assist State and local
law enforcement agencies in reorienting the emphasis of their
activities from reacting to crime to preventing crime;
‘‘(5) develop and implement innovative programs to permit
members of the community to assist State and local law enforce-
ment agencies in the prevention of crime in the community,
such as a citizens’ police academy, including programs designed
to increase the level of access to the criminal justice system
enjoyed by victims, witnesses, and ordinary citizens by
establishing decentralized satellite offices (including video
facilities) of principal criminal courts buildings;
‘‘(6) establish innovative programs to reduce, and keep
to a minimum, the amount of time that law enforcement officers
must be away from the community while awaiting court appear-
ances;
‘‘(7) establish and implement innovative programs to
increase and enhance proactive crime control and prevention
programs involving law enforcement officers and young persons
in the community;
‘‘(8) develop and establish new administrative and manage-
rial systems to facilitate the adoption of community-oriented
policing as an organization-wide philosophy;
‘‘(9) establish, implement, and coordinate crime prevention
and control programs (involving law enforcement officers work-
ing with community members) with other Federal programs
that serve the community and community members to better
address the comprehensive needs of the community and its
members; and
‘‘(10) support the purchase by a law enforcement agency
of no more than 1 service weapon per officer, upon hiring
for deployment in community-oriented policing or, if necessary,
upon existing officers’ initial redeployment to community-ori-
ented policing.
‘‘(e) PREFERENTIAL CONSIDERATION OF APPLICATIONS FOR CER-
TAIN GRANTS.—In awarding grants under this part, the Attorney
General may give preferential consideration, where feasible, to
applications for hiring and rehiring additional career law enforce-
H. R. 3355—15
ment officers that involve a non-Federal contribution exceeding
the 25 percent minimum under subsection (i).
‘‘(f) TECHNICAL ASSISTANCE.—
‘‘(1) IN GENERAL.—The Attorney General may provide tech-
nical assistance to States, units of local government, Indian
tribal governments, and to other public and private entities,
in furtherance of the purposes of the Public Safety Partnership
and Community Policing Act of 1994.
‘‘(2) MODEL.—The technical assistance provided by the
Attorney General may include the development of a flexible
model that will define for State and local governments, and
other public and private entities, definitions and strategies
associated with community or problem-oriented policing and
methodologies for its implementation.
‘‘(3) TRAINING
CENTERS
AND
FACILITIES.—The technical
assistance provided by the Attorney General may include the
establishment and operation of training centers or facilities,
either directly or by contracting or cooperative arrangements.
The functions of the centers or facilities established under
this paragraph may include instruction and seminars for police
executives, managers, trainers, supervisors, and such others
as the Attorney General considers to be appropriate concerning
community or problem-oriented policing and improvements in
police-community interaction and cooperation that further the
purposes of the Public Safety Partnership and Community
Policing Act of 1994.
‘‘(g) UTILIZATION OF COMPONENTS.—The Attorney General may
utilize any component or components of the Department of Justice
in carrying out this part.
‘‘(h) MINIMUM AMOUNT.—Unless all applications submitted by
any State and grantee within the State pursuant to subsection
(a) have been funded, each qualifying State, together with grantees
within the State, shall receive in each fiscal year pursuant to
subsection (a) not less than 0.5 percent of the total amount appro-
priated in the fiscal year for grants pursuant to that subsection.
In this subsection, ‘qualifying State’ means any State which has
submitted an application for a grant, or in which an eligible entity
has submitted an application for a grant, which meets the require-
ments prescribed by the Attorney General and the conditions set
out in this part.
‘‘(i) MATCHING FUNDS.—The portion of the costs of a program,
project, or activity provided by a grant under subsection (a) may
not exceed 75 percent, unless the Attorney General waives, wholly
or in part, the requirement under this subsection of a non-Federal
contribution to the costs of a program, project, or activity. In relation
to a grant for a period exceeding 1 year for hiring or rehiring
career law enforcement officers, the Federal share shall decrease
from year to year for up to 5 years, looking toward the continuation
of the increased hiring level using State or local sources of funding
following the conclusion of Federal support, as provided in an
approved plan pursuant to section 1702(c)(8).
‘‘(j) ALLOCATION OF FUNDS.—The funds available under this
part shall be allocated as provided in section 1001(a)(11)(B).
‘‘(k) TERMINATION
OF GRANTS
FOR HIRING OFFICERS.—The
authority under subsection (a) of this section to make grants for
the hiring and rehiring of additional career law enforcement officers
shall lapse at the conclusion of 6 years from the date of enactment
H. R. 3355—16
of this part. Prior to the expiration of this grant authority, the
Attorney General shall submit a report to Congress concerning
the experience with and effects of such grants. The report may
include any recommendations the Attorney General may have for
amendments to this part and related provisions of law in light
of the termination of the authority to make grants for the hiring
and rehiring of additional career law enforcement officers.
‘‘SEC. 1702. APPLICATIONS.
‘‘(a) IN GENERAL.—No grant may be made under this part
unless an application has been submitted to, and approved by,
the Attorney General.
‘‘(b) APPLICATION.—An application for a grant under this part
shall be submitted in such form, and contain such information,
as the Attorney General may prescribe by regulation or guidelines.
‘‘(c) CONTENTS.—In accordance with the regulations or guide-
lines established by the Attorney General, each application for
a grant under this part shall—
‘‘(1) include a long-term strategy and detailed implementa-
tion plan that reflects consultation with community groups
and appropriate private and public agencies and reflects consid-
eration of the statewide strategy under section 503(a)(1);
‘‘(2) demonstrate a specific public safety need;
‘‘(3) explain the applicant’s inability to address the need
without Federal assistance;
‘‘(4) identify related governmental and community initia-
tives which complement or will be coordinated with the pro-
posal;
‘‘(5) certify that there has been appropriate coordination
with all affected agencies;
‘‘(6) outline the initial and ongoing level of community
support for implementing the proposal including financial and
in-kind contributions or other tangible commitments;
‘‘(7) specify plans for obtaining necessary support and
continuing the proposed program, project, or activity following
the conclusion of Federal support;
‘‘(8) if the application is for a grant for hiring or rehiring
additional career law enforcement officers, specify plans for
the assumption by the applicant of a progressively larger share
of the cost in the course of time, looking toward the continuation
of the increased hiring level using State or local sources of
funding following the conclusion of Federal support;
‘‘(9) assess the impact, if any, of the increase in police
resources on other components of the criminal justice system;
‘‘(10) explain how the grant will be utilized to reorient
the affected law enforcement agency’s mission toward commu-
nity-oriented policing or enhance its involvement in or commit-
ment to community-oriented policing; and
‘‘(11) provide assurances that the applicant will, to the
extent practicable, seek, recruit, and hire members of racial
and ethnic minority groups and women in order to increase
their ranks within the sworn positions in the law enforcement
agency.
‘‘(d) SPECIAL PROVISIONS.—
‘‘(1) SMALL
JURISDICTIONS.—Notwithstanding any other
provision of this part, in relation to applications under this
part of units of local government or law enforcement agencies
H. R. 3355—17
having jurisdiction over areas with populations of less than
50,000, the Attorney General may waive 1 or more of the
requirements of subsection (c) and may otherwise make special
provisions to facilitate the expedited submission, processing,
and approval of such applications.
‘‘(2) SMALL GRANT AMOUNT.—Notwithstanding any other
provision of this part, in relation to applications under section
1701(d) for grants of less than $1,000,000, the Attorney General
may waive 1 or more of the requirements of subsection (c)
and may otherwise make special provisions to facilitate the
expedited submission, processing, and approval of such applica-
tions.
‘‘SEC. 1703. RENEWAL OF GRANTS.
‘‘(a) IN GENERAL.—Except for grants made for hiring or rehiring
additional career law enforcement officers, a grant under this part
may be renewed for up to 2 additional years after the first fiscal
year during which a recipient receives its initial grant, if the Attor-
ney General determines that the funds made available to the recipi-
ent were used in a manner required under an approved application
and if the recipient can demonstrate significant progress in achiev-
ing the objectives of the initial application.
‘‘(b) GRANTS FOR HIRING.—Grants made for hiring or rehiring
additional career law enforcement officers may be renewed for up
to 5 years, subject to the requirements of subsection (a), but notwith-
standing the limitation in that subsection concerning the number
of years for which grants may be renewed.
‘‘(c) MULTIYEAR GRANTS.—A grant for a period exceeding 1
year may be renewed as provided in this section, except that the
total duration of such a grant including any renewals may not
exceed 3 years, or 5 years if it is a grant made for hiring or
rehiring additional career law enforcement officers.
‘‘SEC. 1704. LIMITATION ON USE OF FUNDS.
‘‘(a) NONSUPPLANTING REQUIREMENT.—Funds made available
under this part to States or units of local government shall not
be used to supplant State or local funds, or, in the case of Indian
tribal governments, funds supplied by the Bureau of Indian Affairs,
but shall be used to increase the amount of funds that would,
in the absence of Federal funds received under this part, be made
available from State or local sources, or in the case of Indian
tribal governments, from funds supplied by the Bureau of Indian
Affairs.
‘‘(b) NON-FEDERAL COSTS.—
‘‘(1) IN GENERAL.—States and units of local government
may use assets received through the Assets Forfeiture equitable
sharing program to provide the non-Federal share of the cost
of programs, projects, and activities funded under this part.
‘‘(2) INDIAN TRIBAL GOVERNMENTS.—Funds appropriated by
the Congress for the activities of any agency of an Indian
tribal government or the Bureau of Indian Affairs performing
law enforcement functions on any Indian lands may be used
to provide the non-Federal share of the cost of programs or
projects funded under this part.
‘‘(c) HIRING COSTS.—Funding provided under this part for hiring
or rehiring a career law enforcement officer may not exceed $75,000,
unless the Attorney General grants a waiver from this limitation.
H. R. 3355—18
‘‘SEC. 1705. PERFORMANCE EVALUATION.
‘‘(a) MONITORING COMPONENTS.—Each program, project, or
activity funded under this part shall contain a monitoring compo-
nent, developed pursuant to guidelines established by the Attorney
General. The monitoring required by this subsection shall include
systematic identification and collection of data about activities,
accomplishments, and programs throughout the life of the program,
project, or activity and presentation of such data in a usable form.
‘‘(b) EVALUATION COMPONENTS.—Selected grant recipients shall
be evaluated on the local level or as part of a national evaluation,
pursuant to guidelines established by the Attorney General. Such
evaluations may include assessments of individual program
implementations. In selected jurisdictions that are able to support
outcome evaluations, the effectiveness of funded programs, projects,
and activities may be required. Outcome measures may include
crime and victimization indicators, quality of life measures, commu-
nity perceptions, and police perceptions of their own work.
‘‘(c) PERIODIC REVIEW AND REPORTS.—The Attorney General
may require a grant recipient to submit to the Attorney General
the results of the monitoring and evaluations required under sub-
sections (a) and (b) and such other data and information as the
Attorney General deems reasonably necessary.
‘‘SEC. 1706. REVOCATION OR SUSPENSION OF FUNDING.
‘‘If the Attorney General determines, as a result of the reviews
required by section 1705, or otherwise, that a grant recipient under
this part is not in substantial compliance with the terms and
requirements of an approved grant application submitted under
section 1702, the Attorney General may revoke or suspend funding
of that grant, in whole or in part.
‘‘SEC. 1707. ACCESS TO DOCUMENTS.
‘‘(a) BY THE ATTORNEY GENERAL.—The Attorney General shall
have access for the purpose of audit and examination to any perti-
nent books, documents, papers, or records of a grant recipient
under this part and to the pertinent books, documents, papers,
or records of State and local governments, persons, businesses,
and other entities that are involved in programs, projects, or activi-
ties for which assistance is provided under this part.
‘‘(b) BY
THE COMPTROLLER GENERAL.—Subsection (a) shall
apply with respect to audits and examinations conducted by the
Comptroller General of the United States or by an authorized
representative of the Comptroller General.
‘‘SEC. 1708. GENERAL REGULATORY AUTHORITY.
‘‘The Attorney General may promulgate regulations and guide-
lines to carry out this part.
‘‘SEC. 1709. DEFINITIONS.
‘‘In this part—
‘‘ ‘career law enforcement officer’ means a person hired
on a permanent basis who is authorized by law or by a State
or local public agency to engage in or supervise the prevention,
detection, or investigation of violations of criminal laws.
‘‘ ‘citizens’ police academy’ means a program by local law
enforcement agencies or private nonprofit organizations in
which citizens, especially those who participate in neighborhood
watch programs, are trained in ways of facilitating communica-
H. R. 3355—19
tion between the community and local law enforcement in the
prevention of crime.
‘‘ ‘Indian tribe’ means a tribe, band, pueblo, nation, or other
organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that
is recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.’’.
(b) TECHNICAL AMENDMENT.—The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711, et seq.) is amended by striking the item relating
to part Q and inserting the following:
‘‘PART Q—PUBLIC SAFETY AND COMMUNITY POLICING; ‘COPS ON THE BEAT’
‘‘Sec. 1701. Authority to make public safety and community policing grants.
‘‘Sec. 1702. Applications.
‘‘Sec. 1703. Renewal of grants.
‘‘Sec. 1704. Limitation on use of funds.
‘‘Sec. 1705. Performance evaluation.
‘‘Sec. 1706. Revocation or suspension of funding.
‘‘Sec. 1707. Access to documents.
‘‘Sec. 1708. General regulatory authority.
‘‘Sec. 1709. Definitions.
‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3793) is amended—
(1) in paragraph (3) by striking ‘‘and O’’ and inserting
‘‘O, P, and Q’’; and
(2) by adding at the end the following new paragraph:
‘‘(11)(A) There are authorized to be appropriated to carry out
part Q, to remain available until expended—
‘‘(i) $1,332,000,000 for fiscal year 1995;
‘‘(ii) $1,850,000,000 for fiscal year 1996;
‘‘(iii) $1,950,000,000 for fiscal year 1997;
‘‘(iv) $1,700,000,000 for fiscal year 1998;
‘‘(v) $1,700,000,000 for fiscal year 1999; and
‘‘(vi) $268,000,000 for fiscal year 2000.
‘‘(B) Of funds available under part Q in any fiscal year, up
to 3 percent may be used for technical assistance under section
1701(f) or for evaluations or studies carried out or commissioned
by the Attorney General in furtherance of the purposes of part
Q. Of the remaining funds, 50 percent shall be allocated for grants
pursuant to applications submitted by units of local government
or law enforcement agencies having jurisdiction over areas with
populations exceeding 150,000 or by public and private entities
that serve areas with populations exceeding 150,000, and 50 percent
shall be allocated for grants pursuant to applications submitted
by units of local government or law enforcement agencies having
jurisdiction over areas with populations 150,000 or less or by public
and private entities that serve areas with populations 150,000
or less. Of the funds available in relation to grants under part
Q, at least 85 percent shall be applied to grants for the purposes
specified in section 1701(b), and no more than 15 percent may
be applied to other grants in furtherance of the purposes of part
Q. In view of the extraordinary need for law enforcement assistance
in Indian country, an appropriate amount of funds available under
H. R. 3355—20
part Q shall be made available for grants to Indian tribal govern-
ments or tribal law enforcement agencies.’’.
TITLE II—PRISONS
Subtitle A—Violent Offender Incarceration
and Truth in Sentencing Incentive Grants
SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.
(a) GRANT AUTHORIZATION.—The Attorney General may make
grants to individual States and to States organized as multi-State
compacts to construct, develop, expand, modify, operate, or improve
correctional facilities, including boot camp facilities and other alter-
native correctional facilities that can free conventional prison space
for the confinement of violent offenders, to ensure that prison
cell space is available for the confinement of violent offenders and
to implement truth in sentencing laws for sentencing violent
offenders.
(b) ELIGIBILITY.—To be eligible to receive a grant under this
subtitle, a State or States organized as multi-State compacts shall
submit an application to the Attorney General which includes—
(1) assurances that the State or States have implemented,
or will implement, correctional policies and programs, including
truth in sentencing laws that ensure that violent offenders
serve a substantial portion of the sentences imposed, that are
designed to provide sufficiently severe punishment for violent
offenders, including violent juvenile offenders, and that the
prison time served is appropriately related to the determination
that the inmate is a violent offender and for a period of time
deemed necessary to protect the public;
(2) assurances that the State or States have implemented
policies that provide for the recognition of the rights and needs
of crime victims;
(3) assurances that funds received under this section will
be used to construct, develop, expand, modify, operate, or
improve correctional facilities to ensure that prison cell space
is available for the confinement of violent offenders;
(4) assurances that the State or States have a comprehen-
sive correctional plan which represents an integrated approach
to the management and operation of correctional facilities and
programs and which includes diversion programs, particularly
drug diversion programs, community corrections programs, a
prisoner screening and security classification system, appro-
priate professional training for corrections officers in dealing
with violent offenders, prisoner rehabilitation and treatment
programs, prisoner work activities (including, to the extent
practicable, activities relating to the development, expansion,
modification, or improvement of correctional facilities) and job
skills programs, educational programs, a pre-release prisoner
assessment to provide risk reduction management, post-release
assistance, and an assessment of recidivism rates;
(5) assurances that the State or States have involved coun-
ties and other units of local government, when appropriate,
in the construction, development, expansion, modification, oper-
ation or improvement of correctional facilities designed to
H. R. 3355—21
ensure the incarceration of violent offenders, and that the State
or States will share funds received under this section with
counties and other units of local government, taking into
account the burden placed on these units of government when
they are required to confine sentenced prisoners because of
overcrowding in State prison facilities;
(6) assurances that funds received under this section will
be used to supplement, not supplant, other Federal, State,
and local funds;
(7) assurances that the State or States have implemented,
or will implement within 18 months after the date of the
enactment of this Act, policies to determine the veteran status
of inmates and to ensure that incarcerated veterans receive
the veterans benefits to which they are entitled;
(8) if applicable, documentation of the multi-State compact
agreement that specifies the construction, development, expan-
sion, modification, operation, or improvement of correctional
facilities; and
(9) if applicable, a description of the eligibility criteria
for prisoner participation in any boot camp that is to be funded.
(c) CONSIDERATION.—The Attorney General, in making such
grants, shall give consideration to the special burden placed on
States which incarcerate a substantial number of inmates who
are in the United States illegally.
SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.
(a) TRUTH IN SENTENCING GRANT PROGRAM.—Fifty percent of
the total amount of funds appropriated to carry out this subtitle
for each of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000
shall be made available for Truth in Sentencing Incentive Grants.
To be eligible to receive such a grant, a State must meet the
requirements of section 20101(b) and shall demonstrate that the
State—
(1) has in effect laws which require that persons convicted
of violent crimes serve not less than 85 percent of the sentence
imposed; or
(2) since 1993—
(A) has increased the percentage of convicted violent
offenders sentenced to prison;
(B) has increased the average prison time which will
be served in prison by convicted violent offenders sentenced
to prison;
(C) has increased the percentage of sentence which
will be served in prison by violent offenders sentenced
to prison; and
(D) has in effect at the time of application laws requir-
ing that a person who is convicted of a violent crime shall
serve not less than 85 percent of the sentence imposed
if—
(i) the person has been convicted on 1 or more
prior occasions in a court of the United States or of
a State of a violent crime or a serious drug offense;
and
(ii) each violent crime or serious drug offense was
committed after the defendant’s conviction of the
preceding violent crime or serious drug offense.
(b) ALLOCATION OF TRUTH IN SENTENCING INCENTIVE FUNDS.—
H. R. 3355—22
(1) FORMULA ALLOCATION.—The amount available to carry
out this section for any fiscal year under subsection (a) shall
be allocated to each eligible State in the ratio that the number
of part 1 violent crimes reported by such State to the Federal
Bureau of Investigation for 1993 bears to the number of part
1 violent crimes reported by all States to the Federal Bureau
of Investigation for 1993.
(2) TRANSFER
OF
UNUSED
FUNDS.—On September 30 of
each of fiscal years 1996, 1998, 1999, and 2000, the Attorney
General shall transfer to the funds to be allocated under section
20103(b)(1) any funds made available to carry out this section
that are not allocated to an eligible State under paragraph
(1).
SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.
(a) VIOLENT OFFENDER INCARCERATION GRANT PROGRAM.—Fifty
percent of the total amount of funds appropriated to carry out
this subtitle for each of fiscal years 1995, 1996, 1997, 1998, 1999,
and 2000 shall be made available for Violent Offender Incarceration
Grants. To be eligible to receive such a grant, a State or States
must meet the requirements of section 20101(b).
(b) 
ALLOCATION
OF
VIOLENT
OFFENDER
INCARCERATION
FUNDS.—
(1) FORMULA ALLOCATION.—Eighty-five percent of the sum
of the amount available for Violent Offender Incarceration
Grants for any fiscal year under subsection (a) and any amount
transferred under section 20102(b)(2) for that fiscal year shall
be allocated as follows:
(A) 0.25 percent shall be allocated to each eligible
State except that the United States Virgin Islands, Amer-
ican Samoa, Guam and the Northern Mariana Islands each
shall be allocated 0.05 percent.
(B) The amount remaining after application of subpara-
graph (A) shall be allocated to each eligible State in the
ratio that the number of part 1 violent crimes reported
by such State to the Federal Bureau of Investigation for
1993 bears to the number of part 1 violent crimes reported
by all States to the Federal Bureau of Investigation for
1993.
(2) DISCRETIONARY
ALLOCATION.—Fifteen percent of the
sum of the amount available for Violent Offender Incarceration
Grants for any fiscal year under subsection (a) and any amount
transferred under section 20103(b)(3) for that fiscal year shall
be allocated at the discretion of the Attorney General to States
that have demonstrated the greatest need for such grants and
the ability to best utilize the funds to meet the objectives
of the grant program and ensure that prison cell space is
available for the confinement of violent offenders.
(3) TRANSFER OF UNUSED FORMULA FUNDS.—On September
30 of each of fiscal years 1996, 1997, 1998, 1999, and 2000,
the Attorney General shall transfer to the discretionary pro-
gram under paragraph (2) any funds made available for alloca-
tion under paragraph (1) that are not allocated to an eligible
State under paragraph (1).
H. R. 3355—23
SEC. 20104. MATCHING REQUIREMENT.
The Federal share of a grant received under this subtitle may
not exceed 75 percent of the costs of a proposal described in an
application approved under this subtitle.
SEC. 20105. RULES AND REGULATIONS.
(a) The Attorney General shall issue rules and regulations
regarding the uses of grant funds received under this subtitle
not later than 90 days after the date of enactment of this Act.
(b) If data regarding part 1 violent crimes in any State for
1993 is unavailable or substantially inaccurate, the Attorney Gen-
eral shall utilize the best available comparable data regarding
the number of violent crimes for 1993 for that State for the purposes
of allocation of any funds under this subtitle.
SEC. 20106. TECHNICAL ASSISTANCE AND TRAINING.
The Attorney General may request that the Director of the
National Institute of Corrections and the Director of the Federal
Bureau of Prisons provide technical assistance and training to
a State or States that receive a grant under this subtitle to achieve
the purposes of this subtitle.
SEC. 20107. EVALUATION.
The Attorney General may request the Director of the National
Institute of Corrections to assist with an evaluation of programs
established with funds under this subtitle.
SEC. 20108. DEFINITIONS.
In this subtitle—
‘‘boot camp’’ means a correctional program of not more
than 6 months’ incarceration involving—
(A) assignment for participation in the program, in
conformity with State law, by prisoners other than pris-
oners who have been convicted at any time of a violent
felony;
(B) adherence by inmates to a highly regimented sched-
ule that involves strict discipline, physical training, and
work;
(C) participation by inmates in appropriate education,
job training, and substance abuse counseling or treatment;
and
(D) post-incarceration aftercare services for partici-
pants that are coordinated with the program carried out
during the period of imprisonment.
‘‘part 1 violent crimes’’ means murder and non-negligent
manslaughter, forcible rape, robbery, and aggravated assault
as reported to the Federal Bureau of Investigation for purposes
of the Uniform Crime Reports.
‘‘State’’ or ‘‘States’’ means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin
Islands, American Samoa, Guam, and the Northern Mariana
Islands.
SEC. 20109. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle—
(1) $175,000,000 for fiscal year 1995;
(2) $750,000,000 for fiscal year 1996;
H. R. 3355—24
(3) $1,000,000,000 for fiscal year 1997;
(4) $1,900,000,000 for fiscal year 1998;
(5) $2,000,000,000 for fiscal year 1999; and
(6) $2,070,000,000 for fiscal year 2000.
Subtitle B—Punishment for Young
Offenders
SEC. 20201. CERTAIN PUNISHMENT FOR YOUNG OFFENDERS.
(a) IN GENERAL.—Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended
by section 10003(a), is amended—
(1) by redesignating part R as part S;
(2) by redesignating section 1801 as section 1901; and
(3) by inserting after part Q the following new part:
‘‘PART R—CERTAIN PUNISHMENT FOR YOUNG
OFFENDERS
‘‘SEC. 1801. GRANT AUTHORIZATION.
‘‘(a) IN GENERAL.—The Attorney General may make grants
under this part to States, for the use by States and units of
local government, for the purpose of developing alternative methods
of punishment for young offenders to traditional forms of incarcer-
ation and probation.
‘‘(b) ALTERNATIVE
METHODS.—The alternative methods of
punishment referred to in subsection (a) should ensure certain
punishment for young offenders and promote reduced recidivism,
crime prevention, and assistance to victims, particularly for young
offenders who can be punished more effectively in an environment
other than a traditional correctional facility, including—
‘‘(1) alternative sanctions that create accountability and
certain punishment for young offenders;
‘‘(2) restitution programs for young offenders;
‘‘(3) innovative projects, such as projects consisting of edu-
cation and job training activities for incarcerated young offend-
ers, modeled, to the extent practicable, 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.) and projects
that provide family counseling;
‘‘(4) correctional options, such as community-based incarcer-
ation, weekend incarceration, and electronic monitoring of
offenders;
‘‘(5) community service programs that provide work service
placement for young offenders at non-profit, private organiza-
tions and community organizations;
‘‘(6) innovative methods that address the problems of young
offenders convicted of serious substance abuse (including alco-
hol abuse) and gang-related offenses; and
‘‘(7) adequate and appropriate after care programs for
young offenders, such as substance abuse treatment, education
programs, vocational training, job placement counseling, family
counseling and other support programs upon release.
H. R. 3355—25
‘‘SEC. 1802. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) SUBMISSION OF APPLICATION.—To request a grant under
this part, the chief executive of a State shall submit an applica-
tion to the Attorney General in such form and containing such
information as the Attorney General may reasonably require.
‘‘(2) ASSURANCES.—An application under paragraph (1)
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.
‘‘(b) STATE OFFICE.—The office designated under section 507—
‘‘(1) shall prepare the application as required under sub-
section (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. 1803. REVIEW OF STATE APPLICATIONS.
‘‘(a) IN GENERAL.—The Attorney General shall make a grant
under section 1801(a) to carry out the projects described in the
application submitted by such applicant under section 1802 upon
determining that—
‘‘(1) the application is consistent with the requirements
of this part; and
‘‘(2) before the approval of the application, the Attorney
General has made an affirmative finding in writing that the
proposed project has been reviewed in accordance with this
part.
‘‘(b) APPROVAL.—Each application submitted under section 1802
shall be considered approved, in whole or in part, by the Attorney
General not later than 45 days after first received unless the
Attorney General informs the applicant of specific reasons for dis-
approval.
‘‘(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 1801(b).
‘‘(d) DISAPPROVAL NOTICE AND RECONSIDERATION.—The Attor-
ney General shall not disapprove any application without first
affording the applicant reasonable notice and an opportunity for
reconsideration.
‘‘SEC. 1804. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) SUBMISSION OF APPLICATION.—To request funds under
this part from a State, the chief executive of a unit of local
government shall submit an application to the office designated
under section 1802(b).
‘‘(2) APPROVAL.—An application under paragraph (1) shall
be considered to have been 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 writ-
ing of specific reasons for disapproval.
‘‘(3) DISAPPROVAL.—The State shall not disapprove any
application submitted to the State without first affording the
H. R. 3355—26
applicant reasonable notice and an opportunity for recon-
sideration.
‘‘(4) EFFECT OF APPROVAL.—If an application under sub-
section (a) is approved, the unit of local government is eligible
to receive funds under this part.
‘‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERNMENT.—A State
that receives funds under section 1801 in a fiscal year shall make
such funds available to units of local government with an applica-
tion that has been submitted and approved by the State within
45 days after the Attorney General has approved the application
submitted by the State and has made funds available to the State.
The Attorney General may waive the 45-day requirement in this
section upon a finding that the State is unable to satisfy such
requirement under State statutes.
‘‘SEC. 1805. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) STATE DISTRIBUTION.—Of the total amount appropriated
under this part in any fiscal year—
‘‘(1) 0.4 percent shall be allocated to each of the participat-
ing States; and
‘‘(2) of the total funds remaining after the allocation under
paragraph (1), there shall be allocated to each of the participat-
ing 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) IN GENERAL.—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 specified under section 1801
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 pro-
grams in the preceding fiscal 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) UNDISTRIBUTED FUNDS.—Any funds not distributed to
units of local government under paragraph (1) shall be available
for expenditure by such State for purposes specified under
section 1801.
‘‘(3) UNUSED FUNDS.— If the Attorney General determines,
on the basis of information 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 receive funds under section 1801, the Attorney Gen-
eral shall award such funds to units of local government in
such State giving priority to the units of local government
that the Attorney General considers to have the greatest need.
‘‘(c) GENERAL REQUIREMENT.—Notwithstanding 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 Attorney
General.
‘‘(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
H. R. 3355—27
1802(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 Attorney General shall
consider as a factor whether a State has in effect throughout such
State a law or policy that requires that a juvenile who is in posses-
sion 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—
‘‘(1) be suspended from school for a reasonable period of
time; and
‘‘(2) lose driving license privileges for a reasonable period
of time.
‘‘(f) DEFINITION.—For purposes of this part, ‘juvenile’ means
a person 18 years of age or younger.
‘‘SEC. 1806. EVALUATION.
‘‘(a) IN GENERAL.—
‘‘(1) SUBMISSION TO THE DIRECTOR.—Each State and unit
of local government that receives a grant under this part shall
submit to the Attorney General an evaluation not later than
March 1 of each year in accordance with guidelines issued
by the Attorney General. Such evaluation shall include an
appraisal by representatives of the community of the programs
funded by the grant.
‘‘(2) WAIVER.—The Attorney General may waive the
requirement specified in paragraph (1) if the Attorney General
determines that such evaluation is not warranted in the case
of the State or unit of local government involved.
‘‘(b) DISTRIBUTION.—The Attorney General shall make available
to the public on a timely basis evaluations received under subsection
(a).
‘‘(c) ADMINISTRATIVE COSTS.—A State or unit of local govern-
ment may use not more than 5 percent of funds it receives under
this part to develop an evaluation program under this section.’’.
(b) TECHNICAL AMENDMENT.—The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.), as amended by section 10003(a), is amended
by striking the matter relating to part R and inserting the following:
‘‘PART R—CERTAIN PUNISHMENTS FOR YOUNG OFFENDERS
‘‘Sec. 1801. Grant authorization.
‘‘Sec. 1802. State applications.
‘‘Sec. 1803. Review of State applications.
‘‘Sec. 1804. Local applications.
‘‘Sec. 1805. Allocation and distribution of funds.
‘‘Sec. 1806. Evaluation.
‘‘PART S—TRANSITION—EFFECTIVE DATE—REPEALER
‘‘Sec. 1901. 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—
(1) by adding a semicolon at the end of paragraph (21);
(2) by striking ‘‘and’’ at the end of paragraph (22);
(3) by striking the period at the end of paragraph (23)
and inserting a semicolon; and
(4) by adding after paragraph (23) the following:
‘‘(24) the term ‘young offender’ means a non-violent first-
time offender or a non-violent offender with a minor criminal
record who is 22 years of age or younger (including juveniles).’’.
H. R. 3355—28
(d) AUTHORIZATION
OF APPROPRIATIONS.—Section 1001(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793), as amended by section 10003(c), is
amended—
(1) in paragraph (3) by striking ‘‘and Q’’ and inserting
‘‘Q, or R’’; and
(2) by adding at the end the following new paragraph:
‘‘(16) There are authorized to be appropriated to carry out
projects under part R—
‘‘(A) $20,000,000 for fiscal year 1996;
‘‘(B) $25,000,000 for fiscal year 1997;
‘‘(C) $30,000,000 for fiscal year 1998;
‘‘(D) $35,000,000 for fiscal year 1999; and
‘‘(E) $40,000,000 for fiscal year 2000.’’.
Subtitle C—Alien Incarceration
SEC. 20301. 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 new subsection:
‘‘(j) INCARCERATION.—
‘‘(1) If the chief executive officer of a State (or, if appro-
priate, a political subdivision of the State) exercising authority
with respect to the incarceration of an undocumented criminal
alien submits a written request to the Attorney General, the
Attorney General shall, as determined by the Attorney
General—
‘‘(A) enter into a contractual arrangement which pro-
vides for compensation to the State or a political subdivi-
sion of the State, as may be appropriate, with respect
to the incarceration of the undocumented criminal alien;
or
‘‘(B) take the undocumented criminal alien into the
custody of the Federal Government and incarcerate the
alien.
‘‘(2) Compensation under paragraph (1)(A) shall be the
average cost of incarceration of a prisoner in the relevant
State as determined by the Attorney General.
‘‘(3) For purposes of this subsection, the term ‘undocu-
mented criminal alien’ means an alien who—
‘‘(A) has been convicted of a felony and sentenced to
a term of imprisonment; and
‘‘(B)(i) entered the United States without inspection
or at any time or place other than as designated by the
Attorney General;
‘‘(ii) was the subject of exclusion or deportation proceed-
ings at the time he or she was taken into custody by
the State or a political subdivision of the State; or
‘‘(iii) was admitted as a nonimmigrant and at the time
he or she was taken into custody by the State or a political
subdivision of the State has failed to maintain the non-
immigrant 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.
H. R. 3355—29
‘‘(4)(A) In carrying out paragraph (1), the Attorney General
shall give priority to the Federal incarceration of undocumented
criminal aliens who have committed aggravated felonies.
‘‘(B) The Attorney General shall ensure that undocumented
criminal aliens incarcerated in Federal facilities pursuant to
this subsection are held in facilities which provide a level
of security appropriate to the crimes for which they were
convicted.
‘‘(5) There are authorized to be appropriated such sums
as may be necessary to carry out this subsection, of which
the following amounts may be appropriated from the Violent
Crime Reduction Trust Fund:
‘‘(A) $130,000,000 for fiscal year 1995;
‘‘(B) $300,000,000 for fiscal year 1996;
‘‘(C) $330,000,000 for fiscal year 1997;
‘‘(D) $350,000,000 for fiscal year 1998;
‘‘(E) $350,000,000 for fiscal year 1999; and
‘‘(F) $340,000,000 for fiscal year 2000.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect October 1, 1994.
(c) TERMINATION
OF
LIMITATION.—Notwithstanding section
242(j)(5) of the Immigration and Nationality Act, as added by sub-
section (a), the requirements of section 242(j) of the Immigration
and Nationality Act, as added by subsection (a), shall not be subject
to the availability of appropriations on and after October 1, 2004.
Subtitle D—Miscellaneous Provisions
SEC. 20401. PRISONER’S PLACE OF IMPRISONMENT.
Paragraph (b) of section 3621 of title 18, United States Code,
is amended by inserting after subsection (5) the following: ‘‘In
designating the place of imprisonment or making transfers under
this subsection, there shall be no favoritism given to prisoners
of high social or economic status.’’.
SEC. 20402. PRISON IMPACT ASSESSMENTS.
(a) IN GENERAL.—Chapter 303 of title 18, United States Code,
is amended by adding at the end the following new section:
‘‘§ 4047. Prison impact assessments
‘‘(a) Any submission of legislation by the Judicial or Executive
branch which could increase or decrease the number of persons
incarcerated in Federal penal institutions shall be accompanied
by a prison impact statement (as defined in subsection (b)).
‘‘(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 assess-
ment on pending legislation must be supplied within 21 days of
any request. A prison impact assessment shall include—
‘‘(1) projections of the impact on prison, probation, and
post prison supervision populations;
‘‘(2) an estimate of the fiscal impact of such population
changes on Federal expenditures, including those for construc-
H. R. 3355—30
tion and operation of correctional facilities for the current fiscal
year and 5 succeeding fiscal years;
‘‘(3) an analysis of any other significant factor affecting
the cost of the measure and its impact on the operations of
components of the criminal justice system; and
‘‘(4) a statement of the methodologies and assumptions
utilized in preparing the assessment.
‘‘(c) The Attorney General shall prepare and transmit to the
Congress, by March 1 of each year, a prison impact assessment
reflecting the cumulative effect of all relevant changes in the law
taking effect during the preceding calendar year.’’.
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter
303 is amended by adding at the end the following new item:
‘‘4047. Prison impact assessments.’’.
SEC. 20403. SENTENCES TO ACCOUNT FOR COSTS TO THE GOVERN-
MENT OF IMPRISONMENT, RELEASE, AND PROBATION.
(a) IMPOSITION
OF SENTENCE.—Section 3572(a) of title 18,
United States Code, is amended—
(1) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(2) by inserting after paragraph (5) the following new
paragraph:
‘‘(6) the expected costs to the government of any imprison-
ment, supervised release, or probation component of the sen-
tence;’’.
(b) DUTIES OF THE SENTENCING COMMISSION.—Section 994 of
title 28, United States Code, is amended by adding at the end
the following new subsection:
‘‘(y) The Commission, in promulgating guidelines pursuant to
subsection (a)(1), may include, as a component of a fine, the expected
costs to the Government of any imprisonment, supervised release,
or probation sentence that is ordered.’’.
SEC. 20404. APPLICATION TO PRISONERS TO WHICH PRIOR LAW
APPLIES.
In the case of a prisoner convicted of an offense committed
prior to November 1, 1987, the reference to supervised release
in section 4042(b) of title 18, United States Code, shall be deemed
to be a reference to probation or parole.
SEC. 20405. CREDITING OF ‘‘GOOD TIME’’.
Section 3624 of title 18, United States Code, is amended—
(1) by striking ‘‘he’’ each place it appears and inserting
‘‘the prisoner’’;
(2) by striking ‘‘his’’ each place it appears and inserting
‘‘the prisoner’s’’;
(3) in subsection (d) by striking ‘‘him’’ and inserting ‘‘the
prisoner’’; and
(4) in subsection (b)—
(A) in the first sentence by inserting ‘‘(other than a
prisoner serving a sentence for a crime of violence)’’ after
‘‘A prisoner’’; and
(B) by inserting after the first sentence the following:
‘‘A prisoner who is serving a term of imprisonment of
more than 1 year for a crime of violence, other than a
term of imprisonment for the duration of the prisoner’s
life, may receive credit toward the service of the prisoner’s
H. R. 3355—31
sentence, beyond the time served, of up to 54 days at
the end of each year of the prisoner’s term of imprisonment,
beginning at the end of the first year of the term, subject
to determination by the Bureau of Prisons that, during
that year, the prisoner has displayed exemplary compliance
with such institutional disciplinary regulations.’’.
SEC. 20406. TASK FORCE ON PRISON CONSTRUCTION STANDARDIZA-
TION AND TECHNIQUES.
(a) TASK FORCE.—The Director of the National Institute of
Corrections shall, subject to availability of appropriations, establish
a task force composed of Federal, State, and local officials expert
in prison construction, and of at least an equal number of engineers,
architects, and construction experts from the private sector with
expertise in prison design and construction, including the use of
cost-cutting construction standardization techniques and cost-cut-
ting new building materials and technologies.
(b) COOPERATION.—The task force shall work in close coopera-
tion and communication with other State and local officials respon-
sible for prison construction in their localities.
(c) PERFORMANCE REQUIREMENTS.—The task force shall work
to—
(1) establish and recommend standardized construction
plans and techniques for prison and prison component construc-
tion; and
(2) evaluate and recommend new construction technologies,
techniques, and materials,
to reduce prison construction costs at the Federal, State, and local
levels and make such construction more efficient.
(d) DISSEMINATION.—The task force shall disseminate informa-
tion described in subsection (c) to State and local officials involved
in prison construction, through written reports and meetings.
(e) PROMOTION AND EVALUATION.—The task force shall—
(1) work to promote the implementation of cost-saving
efforts at the Federal, State, and local levels;
(2) evaluate and advise on the results and effectiveness
of such cost-saving efforts as adopted, broadly disseminating
information on the results; and
(3) to the extent feasible, certify the effectiveness of the
cost-savings efforts.
SEC. 20407. EFFICIENCY IN LAW ENFORCEMENT AND CORRECTIONS.
(a) IN GENERAL.—In the administration of each grant program
funded by appropriations authorized by this Act or by an amend-
ment made by this Act, the Attorney General shall encourage—
(1) innovative methods for the low-cost construction of
facilities to be constructed, converted, or expanded and the
low-cost operation of such facilities and the reduction of
administrative costs and overhead expenses; and
(2) the use of surplus Federal property.
(b) 
ASSESSMENT
OF
CONSTRUCTION
COMPONENTS
AND
DESIGNS.—The Attorney General may make an assessment of the
cost efficiency and utility of using modular, prefabricated, precast,
and pre-engineered construction components and designs for hous-
ing nonviolent criminals.
H. R. 3355—32
SEC. 20408. AMENDMENTS TO THE DEPARTMENT OF EDUCATION
ORGANIZATION ACT AND THE NATIONAL LITERACY ACT
OF 1991.
(a) TECHNICAL AMENDMENT.—The matter preceding paragraph
(1) of section 214(d) of the Department of Education Organization
Act (20 U.S.C. 3423a(d)) is amended by striking ‘‘under subsection
(a)’’ and inserting ‘‘under subsection (c)’’.
(b) ESTABLISHMENT OF A PANEL AND USE OF FUNDS.—Section
601 of the National Literacy Act of 1991 (20 U.S.C. 1211–2) is
amended—
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following new
subsections:
‘‘(g) PANEL.—The Secretary is authorized to consult with and
convene a panel of experts in correctional education, including
program administrators and field-based professionals in adult
corrections, juvenile services, jails, and community corrections pro-
grams, to—
‘‘(1) develop measures for evaluating the effectiveness of
the programs funded under this section; and
‘‘(2) evaluate the effectiveness of such programs.
‘‘(h) USE OF FUNDS.—Notwithstanding any other provision of
law, the Secretary may use not more than five percent of funds
appropriated under subsection (i) in any fiscal year to carry out
grant-related activities such as monitoring, technical assistance,
and replication and dissemination.’’.
SEC. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.
(a) AMENDMENT
OF TITLE 18, UNITED STATES CODE.—Sub-
chapter C of chapter 229 of part 2 of title 18, United States Code,
is amended by adding at the end the following new section:
‘‘§ 3626. Appropriate remedies with respect to prison crowd-
ing
‘‘(a) REQUIREMENT OF SHOWING WITH RESPECT TO THE PLAIN-
TIFF 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 individual 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 condi-
tions that are causing the cruel and unusual punishment of
the plaintiff inmate.
‘‘(b) INMATE POPULATION CEILINGS.—
‘‘(1) REQUIREMENT OF SHOWING WITH RESPECT TO PARTICU-
LAR PRISONERS.—A Federal court shall not place a ceiling on
the inmate population of any Federal, State, or local detention
facility as an equitable remedial measure for conditions that
violate the eighth amendment unless crowding is inflicting
cruel and unusual punishment on particular identified pris-
oners.
‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) shall not be
construed to have any effect on Federal judicial power to issue
equitable relief other than that described in paragraph (1),
including the requirement of improved medical or health care
H. R. 3355—33
and the imposition of civil contempt fines or damages, where
such relief is appropriate.
‘‘(c) PERIODIC REOPENING.—Each Federal court order or consent
decree seeking to remedy an eighth amendment violation shall
be reopened at the behest of a defendant for recommended modifica-
tion at a minimum of 2-year intervals.’’.
(b) APPLICATION
OF AMENDMENT.—Section 3626 of title 18,
United States Code, as added by paragraph (1), shall apply to
all outstanding court orders on the date of enactment of this Act.
Any State or municipality shall be entitled to seek modification
of any outstanding eighth amendment decree pursuant to that
section.
(c) TECHNICAL AMENDMENT.—The subchapter analysis for sub-
chapter C of chapter 229 of title 18, United States Code, is amended
by adding at the end the following new item:
‘‘3626. Appropriate remedies with respect to prison crowding.’’.
(d) SUNSET PROVISION.—This section and the amendments
made by this section are repealed effective as of the date that
is 5 years after the date of enactment of this Act.
SEC. 20410. CONGRESSIONAL APPROVAL OF ANY EXPANSION AT
LORTON AND CONGRESSIONAL HEARINGS ON FUTURE
NEEDS.
(a) CONGRESSIONAL APPROVAL.—Notwithstanding any other
provision of law, the existing prison facilities and complex at the
District of Columbia Corrections Facility at Lorton, Virginia, shall
not be expanded unless such expansion has been approved by
the Congress under the authority provided to Congress in section
446 of the District of Columbia Self-Government and Governmental
Reorganization Act.
(b) SENATE HEARINGS.—The Senate directs the Subcommittee
on the District of Columbia of the Committee on Appropriations
of the Senate to conduct hearings regarding expansion of the prison
complex in Lorton, Virginia, prior to any approval granted pursuant
to subsection (a). The subcommittee shall permit interested parties,
including appropriate officials from the County of Fairfax, Virginia,
to testify at such hearings.
(c) DEFINITION.—For purposes of this section, the terms
‘‘expanded’’ and ‘‘expansion’’ mean any alteration of the physical
structure of the prison complex that is made to increase the number
of inmates incarcerated at the prison.
SEC. 20411. AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.
(a) IN GENERAL.—Section 401(b)(8) of the Higher Education
Act of 1965 (20 U.S.C. 1070a(b)(8)) is amended to read as follows:
‘‘(8) No basic grant shall be awarded under this subpart to
any individual who is incarcerated in any Federal or State penal
institution.’’.
(b) APPLICATION OF AMENDMENT.—The amendment made by
this section shall apply with respect to periods of enrollment begin-
ning on or after the date of enactment of this Act.
SEC. 20412. EDUCATION REQUIREMENT FOR EARLY RELEASE.
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 that has vested
H. R. 3355—34
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 or is making satisfactory
progress toward a high school diploma or an equivalent degree.
‘‘(3) The Attorney General shall ensure that the Bureau of
Prisons has in effect an optional General Educational Development
program for inmates who have not earned a high school diploma
or its equivalent.
‘‘(4) Exemptions to the General Educational Development
requirement may be made as deemed appropriate by the Director
of the Federal Bureau of Prisons.’’.
SEC. 20413. CONVERSION OF CLOSED MILITARY INSTALLATIONS INTO
FEDERAL PRISON FACILITIES.
(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 enactment of this Act to
be closed pursuant to a base closure law for the purpose of evaluat-
ing 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 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 the installation into a prison facility
and such other factors as the Secretary and the Attorney General
consider to be appropriate.
(c) TIME FOR STUDY.—The study required by subsection (a)
shall be completed not later than the date that is 180 days after
the date of enactment of this Act.
(d) CONSTRUCTION OF FEDERAL PRISONS.—
(1) IN GENERAL.—In determining where to locate any new
Federal prison facility, and in accordance with the Department
of Justice’s duty to review and identify a use for any portion
of an installation closed pursuant to title II of the Defense
Authorization Amendments and Base Closure and Realignment
Act (Public Law 100–526) and the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101–510), the Attorney General shall—
(A) consider whether using any portion of a military
installation closed or scheduled to be closed in the region
pursuant to a base closure law provides a cost-effective
alternative to the purchase of real property or construction
of new prison facilities;
(B) consider whether such use is consistent with a
reutilization and redevelopment plan; and
(C) give consideration to any installation located in
a rural area the closure of which will have a substantial
adverse impact on the economy of the local communities
and on the ability of the communities to sustain an eco-
nomic recovery from such closure.
H. R. 3355—35
(2) CONSENT.—With regard to paragraph (1)(B), consent
must be obtained from the local re-use authority for the military
installation, recognized and funded by the Secretary of Defense,
before the Attorney General may proceed with plans for the
design or construction of a prison at the installation.
(3) REPORT ON BASIS OF DECISION.—Before proceeding with
plans for the design or construction of a Federal prison, the
Attorney General shall submit to Congress a report explaining
the basis of the decision on where to locate the new prison
facility.
(4) REPORT ON COST-EFFECTIVENESS.—If the Attorney Gen-
eral decides not to utilize any portion of a closed military
installation or an installation scheduled to be closed for locating
a prison, the report shall include an analysis of why installa-
tions in the region, the use of which as a prison would be
consistent with a reutilization and redevelopment plan, does
not provide a cost-effective alternative to the purchase of real
property or construction of new prison facilities.
(e) DEFINITION.—In this section, ‘‘base closure law’’ means—
(1) the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687
note); and
(2) title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100–526; 10
U.S.C. 2687 note).
SEC. 20414. POST-CONVICTION RELEASE DRUG TESTING—FEDERAL
OFFENDERS.
(a) DRUG TESTING PROGRAM.—
(1) IN GENERAL.—Subchapter A of 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, subject to the availability
of appropriations, establish a program of drug testing of Federal
offenders on post-conviction release. The program shall include
such standards and guidelines as the Director may determine nec-
essary 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 conviction for a felony or other offense described
in section 3563(a)(4).’’.
(2) TECHNICAL AMENDMENT.—The subchapter analysis for
subchapter A of chapter 229 of title 18, United States Code,
is amended by adding at the end the following new item:
‘‘3608. Drug testing of Federal offenders on post-conviction release.’’.
(b) 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:
H. R. 3355—36
‘‘(4) for a felony, a misdemeanor, or an infraction, 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 ameliorated
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 results of
a drug test administered in accordance with paragraph (4)
shall be subject to confirmation only if the results are positive,
the defendant is subject to possible imprisonment for such
failure, and either the defendant denies the accuracy of such
test or there is some other reason to question the results
of the test. A defendant who tests positive may be detained
pending verification of a positive drug test result. 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 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 programs, 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 section 3565(b), when considering
any action against a defendant who fails a drug test adminis-
tered in accordance with paragraph (4).’’.
(c) 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 release, that the defendant refrain
from any unlawful use of a controlled substance and submit to
a drug test within 15 days of release on supervised release and
at least 2 periodic drug tests thereafter (as determined by the
court) for use of a controlled substance. The condition stated in
the 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 preceding 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 confirmation 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
programs, 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 section 3583(g)
when considering any action against a defendant who fails a drug
test.’’.
H. R. 3355—37
(d) CONDITIONS OF PAROLE.—Section 4209(a) of title 18, United
States Code, is amended by inserting after the first sentence the
following: ‘‘In every case, the Commission shall also impose as
a condition of parole that the parolee pass a drug test prior to
release and refrain from any unlawful use of a controlled substance
and submit to at least 2 periodic drug tests (as determined by
the Commission) for use of a controlled substance. The condition
stated in the preceding sentence may be ameliorated or suspended
by the Commission for any individual parolee if it determines
that there is good cause for doing so. The results of a drug test
administered in accordance with the provisions of the preceding
sentence shall be subject to confirmation only if the results are
positive, the defendant is subject to possible imprisonment for such
failure, and either the defendant 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 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
Commission shall consider whether the availability of appropriate
substance abuse treatment programs, 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 section 4214(f) when considering any action against
a defendant who fails a drug test.’’.
SEC. 20415. REPORTING OF CASH RECEIVED BY CRIMINAL COURT
CLERKS.
(a) IN GENERAL.—Section 6050I of the Internal Revenue Code
of 1986 (relating to returns relating to cash received in trade
or business) is amended by adding at the end the following new
subsection:
‘‘(g) CASH RECEIVED BY CRIMINAL COURT CLERKS.—
‘‘(1) IN GENERAL.—Every clerk of a Federal or State crimi-
nal court who receives more than $10,000 in cash as bail
for any individual charged with a specified criminal offense
shall make a return described in paragraph (2) (at such time
as the Secretary may by regulations prescribe) with respect
to the receipt of such bail.
‘‘(2) RETURN.—A return is described in this paragraph if
such return—
‘‘(A) is in such form as the Secretary may prescribe,
and
‘‘(B) contains—
‘‘(i) the name, address, and TIN of—
‘‘(I) the individual charged with the specified
criminal offense, and
‘‘(II) each person posting the bail (other than
a person licensed as a bail bondsman),
‘‘(ii) the amount of cash received,
‘‘(iii) the date the cash was received, and
‘‘(iv) such other information as the Secretary may
prescribe.
‘‘(3) SPECIFIED CRIMINAL OFFENSE.—For purposes of this
subsection, the term ‘specified criminal offense’ means—
H. R. 3355—38
‘‘(A) any Federal criminal offense involving a controlled
substance,
‘‘(B) racketeering (as defined in section 1951, 1952,
or 1955 of title 18, United States Code),
‘‘(C) money laundering (as defined in section 1956 or
1957 of such title), and
‘‘(D) any State criminal offense substantially similar
to an offense described in subparagraph (A), (B), or (C).
‘‘(4) INFORMATION TO FEDERAL PROSECUTORS.—Each clerk
required to include on a return under paragraph (1) the
information described in paragraph (2)(B) with respect to an
individual described in paragraph (2)(B)(i)(I) shall furnish (at
such time as the Secretary may by regulations prescribe) a
written statement showing such information to the United
States Attorney for the jurisdiction in which such individual
resides and the jurisdiction in which the specified criminal
offense occurred.
‘‘(5) INFORMATION TO PAYORS OF BAIL.—Each clerk required
to make a return under paragraph (1) shall furnish (at such
time as the Secretary may by regulations prescribe) to each
person whose name is required to be set forth in such return
by reason of paragraph (2)(B)(i)(II) a written statement show-
ing—
‘‘(A) the name and address of the clerk’s office required
to make the return, and
‘‘(B) the aggregate amount of cash described in para-
graph (1) received by such clerk.’’.
(b) CONFORMING AMENDMENTS.—
(1) Clause (iv) of section 6724(d)(1)(B) of the Internal Reve-
nue Code of 1986 is amended to read as follows:
‘‘(iv) section 6050I (a) or (g)(1) (relating to cash
received in trade or business, etc.),’’.
(2) Subparagraph (K) of section 6724(d)(2) of the Internal
Revenue Code of 1986 is amended to read as follows:
‘‘(K) section 6050I(e) or paragraph (4) or (5) of section
6050I(g) (relating to cash received in trade or business,
etc.),’’.
(3) The heading for section 6050I of the Internal Revenue
Code of 1986 is amended by striking ‘‘BUSINESS’’ and insert-
ing ‘‘BUSINESS, ETC.’’.
(4) The table of sections for subpart B of part III of sub-
chapter A of chapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by striking ‘‘business’’ and inserting
‘‘business, etc.’’ in the item relating to section 6050I.
(c) REGULATIONS.—The Secretary of the Treasury or the Sec-
retary’s delegate shall prescribe temporary regulations under the
amendments made by this section within 90 days after the date
of enactment of this Act.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the 60th day after the date on which the
temporary regulations are prescribed under subsection (c).
SEC. 20416. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS.
(a) EXHAUSTION OF ADMINISTRATIVE REMEDIES.—Section 7 of
the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e)
is amended—
(1) in subsection (a)—
H. R. 3355—39
(A) in paragraph (1), by striking ‘‘ninety days’’ and
inserting ‘‘180 days’’; and
(B) in paragraph (2), by inserting before the period
at the end the following: ‘‘or are otherwise fair and effec-
tive’’; and
(2) in subsection (c)—
(A) in paragraph (1) by inserting before the period
at the end the following: ‘‘or are otherwise fair and effec-
tive’’; and
(B) in paragraph (2) by inserting before the period
at the end the following: ‘‘or is no longer fair and effective’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on the date of enactment of this Act.
SEC. 20417. NOTIFICATION OF RELEASE OF PRISONERS.
Section 4042 of title 18, United States Code, is amended—
(1) by striking ‘‘The Bureau’’ and inserting ‘‘(a) IN GEN-
ERAL.—The Bureau’’;
(2) by striking ‘‘This section’’ and inserting ‘‘(c) APPLICATION
OF SECTION.—This section’’;
(3) in paragraph (4) of subsection (a), as designated by
paragraph (1)—
(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 subsection (a), as
designated by paragraph (1), the following new paragraph:
‘‘(5) provide notice of release of prisoners in accordance
with subsection (b).’’; and
(5) by inserting after subsection (a), as designated by para-
graph (1), the following new subsection:
‘‘(b) NOTICE OF RELEASE OF PRISONERS.—(1) 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, written notice
of the release or change of residence shall be provided to the
chief law enforcement officer of the State and of the local jurisdiction
in which the prisoner will reside. Notice prior to release shall
be provided by the Director of the Bureau of Prisons. Notice concern-
ing a change of residence following release shall be provided by
the probation officer responsible for the supervision of the released
prisoner, or in a manner specified by the Director of the Administra-
tive Office of the United States Courts. The notice requirements
under this subsection do not apply in relation to a prisoner being
protected under chapter 224.
‘‘(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 conditions to the
release of the prisoner that are imposed by law, the sentencing
court, or the Bureau of Prisons 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
H. R. 3355—40
‘‘(B) a crime of violence (as defined in section 924(c)(3)).
‘‘(4) The notice provided under this section shall be used solely
for law enforcement purposes.’’.
SEC. 20418. CORRECTIONAL JOB TRAINING AND PLACEMENT.
(a) PURPOSE.—It is the purpose of this section to encourage
and support job training programs, and job placement programs,
that provide services to incarcerated persons or ex-offenders.
(b) DEFINITIONS.—As used in this section:
(1) CORRECTIONAL
INSTITUTION.—The term ‘‘correctional
institution’’ means any prison, jail, reformatory, work farm,
detention center, or halfway house, or any other similar institu-
tion designed for the confinement or rehabilitation of criminal
offenders.
(2) CORRECTIONAL JOB TRAINING OR PLACEMENT PROGRAM.—
The term ‘‘correctional job training or placement program’’
means an activity that provides job training or job placement
services to incarcerated persons or ex-offenders, or that assists
incarcerated persons or ex-offenders in obtaining such services.
(3) EX-OFFENDER.—The term ‘‘ex-offender’’ means any
individual who has been sentenced to a term of probation
by a Federal or State court, or who has been released from
a Federal, State, or local correctional institution.
(4) INCARCERATED PERSON.—The term ‘‘incarcerated per-
son’’ means any individual incarcerated in a Federal or State
correctional institution who is charged with or convicted of
any criminal offense.
(c) ESTABLISHMENT OF OFFICE.—
(1) IN
GENERAL.—The Attorney General shall establish
within the Department of Justice an Office of Correctional
Job Training and Placement. The Office shall be headed by
a Director, who shall be appointed by the Attorney General.
(2) TIMING.—The Attorney General shall carry out this
subsection not later than 6 months after the date of enactment
of this section.
(d) FUNCTIONS
OF
OFFICE.—The Attorney General, acting
through the Director of the Office of Correctional Job Training
and Placement, in consultation with the Secretary of Labor, shall—
(1) assist in coordinating the activities of the Federal Bond-
ing Program of the Department of Labor, the activities of the
Department of Labor related to the certification of eligibility
for targeted jobs credits under section 51 of the Internal Reve-
nue Code of 1986 with respect to ex-offenders, and any other
correctional job training or placement program of the Depart-
ment of Justice or Department of Labor;
(2) provide technical assistance to State and local employ-
ment and training agencies that—
(A) receive financial assistance under this Act; or
(B) receive financial assistance through other programs
carried out by the Department of Justice or Department
of Labor, for activities related to the development of
employability;
(3) prepare and implement the use of special staff training
materials, and methods, for developing the staff competencies
needed by State and local agencies to assist incarcerated per-
sons and ex-offenders in gaining marketable occupational skills
and job placement;
H. R. 3355—41
(4) prepare and submit to Congress an annual report on
the activities of the Office of Correctional Job Training and
Placement, and the status of correctional job training or place-
ment programs in the United States;
(5) cooperate with other Federal agencies carrying out
correctional job training or placement programs to ensure
coordination of such programs throughout the United States;
(6) consult with, and provide outreach to—
(A) State job training coordinating councils, adminis-
trative entities, and private industry councils, with respect
to programs carried out under this Act; and
(B) other State and local officials, with respect to other
employment or training programs carried out by the
Department of Justice or Department of Labor;
(7) collect from States information on the training accom-
plishments and employment outcomes of a sample of incarcer-
ated persons and ex-offenders who were served by employment
or training programs carried out, or that receive financial
assistance through programs carried out, by the Department
of Justice or Department of Labor; and
(8)(A) collect from States and local governments informa-
tion on the development and implementation of correctional
job training or placement programs; and
(B) disseminate such information, as appropriate.
TITLE III—CRIME PREVENTION
Subtitle A—Ounce of Prevention Council
SEC. 30101. OUNCE OF PREVENTION COUNCIL.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established an Ounce of Preven-
tion Council (referred to in this title as the ‘‘Council’’), the
members of which—
(A) shall include the Attorney General, the Secretary
of Education, the Secretary of Health and Human Services,
the Secretary of Housing and Urban Development, the
Secretary of Labor, the Secretary of Agriculture, the Sec-
retary of the Treasury, the Secretary of the Interior, and
the Director of the Office of National Drug Control Policy;
and
(B) may include other officials of the executive branch
as directed by the President.
(2) CHAIR.—The President shall designate the Chair of
the Council from among its members (referred to in this title
as the ‘‘Chair’’).
(3) STAFF.—The Council may employ any necessary staff
to carry out its functions, and may delegate any of its functions
or powers to a member or members of the Council.
(b) PROGRAM COORDINATION.—For any program authorized
under the Violent Crime Control and Law Enforcement Act of
1994, the Ounce of Prevention Council Chair, only at the request
of the Council member with jurisdiction over that program, may
coordinate that program, in whole or in part, through the Council.
(c) ADMINISTRATIVE RESPONSIBILITIES AND POWERS.—In addi-
tion to the program coordination provided in subsection (b), the
H. R. 3355—42
Council shall be responsible for such functions as coordinated plan-
ning, development of a comprehensive crime prevention program
catalogue, provision of assistance to communities and community-
based organizations seeking information regarding crime prevention
programs and integrated program service delivery, and development
of strategies for program integration and grant simplification. The
Council shall have the authority to audit the expenditure of funds
received by grantees under programs administered by or coordi-
nated through the Council. In consultation with the Council, the
Chair may issue regulations and guidelines to carry out this subtitle
and programs administered by or coordinated through the Council.
SEC. 30102. OUNCE OF PREVENTION GRANT PROGRAM.
(a) IN GENERAL.—The Council may make grants for—
(1) summer and after-school (including weekend and holi-
day) education and recreation programs;
(2) mentoring, tutoring, and other programs involving
participation by adult role models (such as D.A.R.E. America);
(3) programs assisting and promoting employability and
job placement; and
(4) prevention and treatment programs to reduce substance
abuse, child abuse, and adolescent pregnancy, including out-
reach programs for at-risk families.
(b) APPLICANTS.—Applicants may be Indian tribal governments,
cities, counties, or other municipalities, school boards, colleges and
universities, private nonprofit entities, or consortia of eligible
applicants. Applicants must show that a planning process has
occurred that has involved organizations, institutions, and residents
of target areas, including young people, and that there has been
cooperation between neighborhood-based entities, municipality-wide
bodies, and local private-sector representatives. Applicants must
demonstrate the substantial involvement of neighborhood-based
entities in the carrying out of the proposed activities. Proposals
must demonstrate that a broad base of collaboration and coordina-
tion will occur in the implementation of the proposed activities,
involving cooperation among youth-serving organizations, schools,
health and social service providers, employers, law enforcement
professionals, local government, and residents of target areas,
including young people. Applications shall be geographically based
in particular neighborhoods or sections of municipalities or particu-
lar segments of rural areas, and applications shall demonstrate
how programs will serve substantial proportions of children and
youth resident in the target area with activities designed to have
substantial impact on their lives.
(c) PRIORITY.—In making such grants, the Council shall give
preference to coalitions consisting of a broad spectrum of commu-
nity-based and social service organizations that have a coordinated
team approach to reducing gang membership and the effects of
substance abuse, and providing alternatives to at-risk youth.
(d) FEDERAL SHARE.—
(1) IN GENERAL.—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 applications submitted under sub-
section (b) for the fiscal year for which the projects receive
assistance under this title.
(2) WAIVER.—The Council may waive the 25 percent match-
ing requirement under paragraph (1) upon making a determina-
H. R. 3355—43
tion that a waiver is equitable in view of the financial
circumstances affecting the ability of the applicant to meet
that requirement.
(3) NON-FEDERAL SHARE.—The non-Federal share of such
costs may be in cash or in kind, fairly evaluated, including
plant, equipment, and services.
(4) NONSUPPLANTING
REQUIREMENT.—Funds made avail-
able under this title to a governmental entity shall not be
used to supplant State or local funds, or in the case of Indian
tribal governments, funds supplied by the Bureau of Indian
Affairs, but shall be used to increase the amount of funds
that would, in the absence of Federal funds received under
this title, be made available from State or local sources, or
in the case of Indian tribal governments, from funds supplied
by the Bureau of Indian Affairs.
(5) EVALUATION.—The Council shall conduct a thorough
evaluation of the programs assisted under this title.
SEC. 30103. DEFINITION.
In this subtitle, ‘‘Indian tribe’’ means a tribe, band, pueblo,
nation, or other organized group or community of Indians, including
an Alaska Native village (as defined in or established under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
that is recognized as eligible for the special programs and services
provided by the United States to Indians because of their status
as Indians.
SEC. 30104. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle—
(1) $1,500,000 for fiscal year 1995;
(2) $14,700,000 for fiscal year 1996;
(3) $18,000,000 for fiscal year 1997;
(4) $18,000,000 for fiscal year 1998;
(5) $18,900,000 for fiscal year 1999; and
(6) $18,900,000 for fiscal year 2000.
Subtitle B—Local Crime Prevention Block
Grant Program
SEC. 30201. PAYMENTS TO LOCAL GOVERNMENTS.
(a) PAYMENT AND USE.—
(1) PAYMENT.—The Attorney General, shall pay to each
unit of general local government which qualifies for a payment
under this subtitle an amount equal to the sum of any amounts
allocated to the government under this subtitle for each pay-
ment period. The Attorney General shall pay such amount
from amounts appropriated under section 30202.
(2) USE.—Amounts paid to a unit of general local govern-
ment under this section shall be used by that unit for carrying
out one or more of the following purposes:
(A) Education, training, research, prevention, diver-
sion, treatment, and rehabilitation programs to prevent
juvenile violence, juvenile gangs, and the use and sale
of illegal drugs by juveniles.
H. R. 3355—44
(B) Programs to prevent crimes against the elderly
based on the concepts of the Triad model.
(C) Programs that prevent young children from becom-
ing gang involved, including the award of grants or con-
tracts to community-based service providers that have a
proven track record of providing services to children ages
5 to 18.
(D) Saturation jobs programs, offered either separately
or in conjunction with the services provided for under the
Youth Fair Chance Program, that provide employment
opportunities leading to permanent unsubsidized employ-
ment for disadvantaged young adults 16 through 25 years
of age.
(E) Midnight sports league programs that shall require
each player in the league to attend employment counseling,
job training, and other educational classes provided under
the program, which shall be held in conjunction with league
sports games at or near the site of the games.
(F) Supervised sports and recreation programs, includ-
ing Olympic Youth Development Centers established in
cooperation with the United States Olympic Committee,
that are offered—
(i) after school and on weekends and holidays,
during the school year; and
(ii) as daily (or weeklong) full-day programs (to
the extent available resources permit) or as part-day
programs, during the summer months.
(G) Prevention and enforcement programs to reduce—
(i) the formation or continuation of juvenile gangs;
and
(ii) the use and sale of illegal drugs by juveniles.
(H) Youth anticrime councils to give intermediate and
secondary school students a structured forum through
which to work with community organizations, law enforce-
ment officials, government and media representatives, and
school administrators and faculty to address issues regard-
ing youth and violence.
(I) Award of grants or contracts to the Boys and Girls
Clubs of America, a national nonprofit youth organization,
to establish Boys and Girls Clubs in public housing.
(J) Supervised visitation centers for children who have
been removed from their parents and placed outside the
home as a result of abuse or neglect or other risk of
harm to them and for children whose parents are separated
or divorced and the children are at risk because—
(i) there is documented sexual, physical, or emo-
tional abuse as determined by a court of competent
jurisdiction;
(ii) there is suspected or elevated risk of sexual,
physical, or emotional abuse, or there have been
threats of parental abduction of the child;
(iii) due to domestic violence, there is an ongoing
risk of harm to a parent or child;
(iv) a parent is impaired because of substance
abuse or mental illness;
(v) there are allegations that a child is at risk
for any of the reasons stated in clauses (i), (ii), (iii),
H. R. 3355—45
and (iv), pending an investigation of the allegations;
or
(vi) other circumstances, as determined by a court
of competent jurisdiction, point to the existence of such
a risk.
(K) Family Outreach Teams which provide a youth
worker, a parent worker, and a school-parent organizer
to provide training in outreach, mentoring, community
organizing and peer counseling and mentoring to locally
recruited volunteers in a particular area.
(L) To establish corridors of safety for senior citizens
by increasing the numbers, presence, and watchfulness
of law enforcement officers, community groups, and busi-
ness owners and employees.
(M) Teams or units involving both specially trained
law enforcement professionals and child or family services
professionals that on a 24-hour basis respond to or deal
with violent incidents in which a child is involved as a
perpetrator, witness, or victim.
(N) Dwelling units to law enforcement officers without
charge or at a substantially reduced rent for the purpose
of providing greater security for residents of high crime
areas.
(b) TIMING
OF PAYMENTS.—The Attorney General shall pay
each amount allocated under this subtitle to a unit of general
local government for a payment period by the later of 90 days
after the date the amount is available or the first day of the
payment period if the unit of general local government has provided
the Attorney General with the assurances required by section
30203(d).
(c) ADJUSTMENTS.—
(1) IN GENERAL.—Subject to paragraph (2), the Attorney
General shall adjust a payment under this subtitle to a unit
of general local government to the extent that a prior payment
to the government was more or less than the amount required
to be paid.
(2) CONSIDERATIONS.—The Attorney General may increase
or decrease under this subsection a payment to a unit of general
local government only if the Attorney General determines the
need for the increase or decrease, or the unit requests the
increase or decrease, within one year after the end of the
payment period for which the payment was made.
(d) RESERVATION
FOR ADJUSTMENTS.—The Attorney General
may reserve a percentage of not more than 2 percent of the amount
under this section for a payment period for all units of general
local government in a State if the Attorney General considers the
reserve is necessary to ensure the availability of sufficient amounts
to pay adjustments after the final allocation of amounts among
the units of general local government in the State.
(e) REPAYMENT OF UNEXPENDED AMOUNTS.—
(1) REPAYMENT REQUIRED.—A unit of general local govern-
ment shall repay to the Attorney General, by not later than
15 months after receipt from the Attorney General, any amount
that is—
(A) paid to the unit from amounts appropriated under
the authority of this section; and
H. R. 3355—46
(B) not expended by the unit within one year after
receipt from the Attorney General.
(2) PENALTY
FOR
FAILURE
TO
REPAY.—If the amount
required to be repaid is not repaid, the Attorney General shall
reduce payments in future payment periods accordingly.
(3) DEPOSIT OF AMOUNTS REPAID.—Amounts received by
the Attorney General as repayments under this subsection shall
be deposited in a designated fund for future payments to units
of general local government.
(f) NONSUPPLANTING REQUIREMENT.—Funds made available
under this subtitle to units of local government shall not be used
to supplant State or local funds, but will be used to increase
the amount of funds that would, in the absence of funds under
this subtitle, be made available from State or local sources.
SEC. 30202. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this subtitle—
(1) $75,940,000 for fiscal year 1996;
(2) $75,940,000 for fiscal year 1997;
(3) $75,940,000 for fiscal year 1998;
(4) $75,940,000 for fiscal year 1999; and
(5) $73,240,000 for fiscal year 2000.
Such sums are to remain available until expended.
(b) ADMINISTRATIVE COSTS.—Up to 2.5 percent of the amount
authorized to be appropriated under subsection (b) is authorized
to be appropriated for the period fiscal year 1995 through fiscal
year 2000 to be available for administrative costs by the Attorney
General in furtherance of the purposes of the program. Such sums
are to remain available until expended.
SEC. 30203. QUALIFICATION FOR PAYMENT.
(a) IN GENERAL.—The Attorney General shall issue regulations
establishing procedures under which eligible units of general local
government are required to provide notice to the Attorney General
of the units’ proposed use of assistance under this subtitle.
(b) GENERAL REQUIREMENTS FOR QUALIFICATION.—A unit of
general local government qualifies for a payment under this subtitle
for a payment period only after establishing to the satisfaction
of the Attorney General that—
(1) the government will establish a trust fund in which
the government will deposit all payments received under this
subtitle;
(2) the government will use amounts in the trust fund
(including interest) during a reasonable period;
(3) the government will expend the payments so received,
in accordance with the laws and procedures that are applicable
to the expenditure of revenues of the government;
(4) if at least 25 percent of the pay of individuals employed
by the government in a public employee occupation is paid
out of the trust fund, individuals in the occupation any part
of whose pay is paid out of the trust fund will receive pay
at least equal to the prevailing rate of pay for individuals
employed in similar public employee occupations by the govern-
ment;
(5) the government will use accounting, audit, and fiscal
procedures that conform to guidelines which shall be prescribed
by the Attorney General after consultation with the Comptroller
H. R. 3355—47
General of the United States. As applicable, amounts received
under this subtitle shall be audited in compliance with the
Single Audit Act of 1984;
(6) after reasonable notice to the government, the govern-
ment will make available to the Attorney General and the
Comptroller General of the United States, with the right to
inspect, records the Attorney General reasonably requires to
review compliance with this subtitle or the Comptroller General
of the United States reasonably requires to review compliance
and operations;
(7) the government will make reports the Attorney General
reasonably requires, in addition to the annual reports required
under this subtitle; and
(8) the government will spend the funds only for the pur-
poses set forth in section 30201(a)(2).
(c) REVIEW BY GOVERNORS.—A unit of general local government
shall give the chief executive officer of the State in which the
government is located an opportunity for review and comment before
establishing compliance with subsection (d).
(d) SANCTIONS FOR NONCOMPLIANCE.—
(1) IN GENERAL.—If the Attorney General decides that a
unit of general local government has not complied substantially
with subsection (b) or regulations prescribed under subsection
(b), the Attorney General shall notify the government. The
notice shall state that if the government does not take corrective
action by the 60th day after the date the government receives
the notice, the Attorney General will withhold additional pay-
ments to the government for the current payment period and
later payment periods until the Attorney General is satisfied
that the government—
(A) has taken the appropriate corrective action; and
(B) will comply with subsection (b) and regulations
prescribed under subsection (b).
(2) NOTICE.—Before giving notice under paragraph (1), the
Attorney General shall give the chief executive officer of the
unit of general local government reasonable notice and an
opportunity for comment.
(3) PAYMENT
CONDITIONS.—The Attorney General may
make a payment to a unit of general local government notified
under paragraph (1) only if the Attorney General is satisfied
that the government—
(A) has taken the appropriate corrective action; and
(B) will comply with subsection (b) and regulations
prescribed under subsection (b).
SEC. 30204. ALLOCATION AND DISTRIBUTION OF FUNDS.
(a) STATE DISTRIBUTION.—For each payment period, the Attor-
ney General shall allocate out of the amount appropriated for the
period under the authority of section 30202—
(1) 0.25 percent to each State; and
(2) of the total amount of funds remaining after allocation
under paragraph (1), an amount that is equal to the ratio
that the number of part 1 violent crimes reported by such
State to the Federal Bureau of Investigation for 1993 bears
to the number of part 1 violent crimes reported by all States
to the Federal Bureau of Investigation for 1993.
H. R. 3355—48
(b) LOCAL DISTRIBUTION.—(1) The Attorney General shall allo-
cate among the units of general local government in a State the
amount allocated to the State under paragraphs (1) and (2) of
subsection (a).
(2) The Attorney General shall allocate to each unit of general
local government an amount which bears the ratio that the number
of part 1 violent crimes reported by such unit to the Federal
Bureau of Investigation for 1993 bears to the number of part
1 violent crimes reported by all units in the State in which the
unit is located to the Federal Bureau of Investigation for 1993
multiplied by the ratio of the population living in all units in
the State in which the unit is located that reported part 1 violent
crimes to the Federal Bureau of Investigation for 1993 bears to
the population of the State; or if such data are not available for
a unit, the ratio that the population of such unit bears to the
population of all units in the State in which the unit is located
for which data are not available multiplied by the ratio of the
population living in units in the State in which the unit is located
for which data are not available bears to the population of the
State.
(3) If under paragraph (2) a unit is allotted less than $5,000
for the payment period, the amount allotted shall be transferred
to the Governor of the State who shall equitably distribute the
allocation to all such units or consortia thereof.
(4) If there is in a State a unit of general local government
that has been incorporated since the date of the collection of the
data used by the Attorney General in making allocations pursuant
to this section, the Attorney General shall allocate to this newly
incorporated local government, out of the amount allocated to the
State under this section, an amount bearing the same ratio to
the amount allocated to the State as the population of the newly
incorporated local government bears to the population of the State.
If there is in the State a unit of general local government that
has been annexed since the date of the collection of the data
used by the Attorney General in making allocations pursuant to
this section, the Attorney General shall pay the amount that would
have been allocated to this local government to the unit of general
local government that annexed it.
(c) UNAVAILABILITY OF INFORMATION.—For purposes of this sec-
tion, if data regarding part 1 violent crimes in any State for 1993
is unavailable or substantially inaccurate, the Attorney General
shall utilize the best available comparable data regarding the num-
ber of violent crimes for 1993 for such State for the purposes
of allocation of any funds under this subtitle.
SEC. 30205. UTILIZATION OF PRIVATE SECTOR.
Funds or a portion of funds allocated under this subtitle may
be utilized to contract with private, nonprofit entities or community-
based organizations to carry out the uses specified under section
30201(a)(2).
SEC. 30206. PUBLIC PARTICIPATION.
A unit of general local government expending payments under
this subtitle shall hold at least one public hearing on the proposed
use of the payment in relation to its entire budget. At the hearing,
persons shall be given an opportunity to provide written and oral
views to the governmental authority responsible for enacting the
budget and to ask questions about the entire budget and the relation
H. R. 3355—49
of the payment to the entire budget. The government shall hold
the hearing at a time and a place that allows and encourages
public attendance and participation.
SEC. 30207. ADMINISTRATIVE PROVISIONS.
The administrative provisions of part H of the Omnibus Crime
Control and Safe Streets Act of 1968, shall apply to the Attorney
General for purposes of carrying out this subtitle.
SEC. 30208. DEFINITIONS.
For purposes of this subtitle:
(1) The term ‘‘unit of general local government’’ means—
(A) a county, township, city, or political subdivision
of a county, township, or city, that is a unit of general
local government as determined by the Secretary of Com-
merce for general statistical purposes; and
(B) the District of Columbia and the recognized govern-
ing body of an Indian tribe or Alaskan Native village that
carries out substantial governmental duties and powers.
(2) The term ‘‘payment period’’ means each 1-year period
beginning on October 1 of the years 1995 through 2000.
(3) The term ‘‘State’’ means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands, except that American Samoa, Guam, and
the Northern Mariana Islands shall be considered as one State
and that, for purposes of section 30204(a), 33 per centum of
the amounts allocated shall be allocated to American Samoa,
50 per centum to Guam, and 17 per centum to the Northern
Mariana Islands.
(4) The term ‘‘children’’ means persons who are not younger
than 5 and not older than 18 years old.
(5) The term ‘‘part 1 violent crimes’’ means murder and
non-negligent manslaughter, forcible rape, robbery, and aggra-
vated assault as reported to the Federal Bureau of Investigation
for purposes of the Uniform Crime Reports.
Subtitle C—Model Intensive Grant
Programs
SEC. 30301. GRANT AUTHORIZATION.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Attorney General may award grants
to not more than 15 chronic high intensive crime areas to
develop comprehensive model crime prevention programs that—
(A) involve and utilize a broad spectrum of community
resources, including nonprofit community organizations,
law enforcement organizations, and appropriate State and
Federal agencies, including the State educational agencies;
(B) attempt to relieve conditions that encourage crime;
and
(C) provide meaningful and lasting alternatives to
involvement in crime.
(2) CONSULTATION WITH THE OUNCE OF PREVENTION COUN-
CIL.—The Attorney General may consult with the Ounce of
Prevention Council in awarding grants under paragraph (1).
H. R. 3355—50
(b) PRIORITY.—In awarding grants under subsection (a), the
Attorney General shall give priority to proposals that—
(1) are innovative in approach to the prevention of crime
in a specific area;
(2) vary in approach to ensure that comparisons of different
models may be made; and
(3) coordinate crime prevention programs funded under
this program with other existing Federal programs to address
the overall needs of communities that benefit from grants
received under this title.
SEC. 30302. USES OF FUNDS.
(a) IN GENERAL.—Funds awarded under this subtitle may be
used only for purposes described in an approved application. The
intent of grants under this subtitle is to fund intensively comprehen-
sive crime prevention programs in chronic high intensive crime
areas.
(b) GUIDELINES.—The Attorney General shall issue and publish
in the Federal Register guidelines that describe suggested purposes
for which funds under approved programs may be used.
(c) EQUITABLE DISTRIBUTION OF FUNDS.—In disbursing funds
under this subtitle, the Attorney General shall ensure the distribu-
tion of awards equitably on a geographic basis, including urban
and rural areas of varying population and geographic size.
SEC. 30303. PROGRAM REQUIREMENTS.
(a) DESCRIPTION.—An applicant shall include a description of
the distinctive factors that contribute to chronic violent crime within
the area proposed to be served by the grant. Such factors may
include lack of alternative activities and programs for youth,
deterioration or lack of public facilities, inadequate public services
such as public transportation, street lighting, community-based sub-
stance abuse treatment facilities, or employment services offices,
and inadequate police or public safety services, equipment, or
facilities.
(b) COMPREHENSIVE PLAN.—An applicant shall include a com-
prehensive, community-based plan to attack intensively the prin-
cipal factors identified in subsection (a). Such plans shall describe
the specific purposes for which funds are proposed to be used
and how each purpose will address specific factors. The plan also
shall specify how local nonprofit organizations, government agen-
cies, private businesses, citizens groups, volunteer organizations,
and interested citizens will cooperate in carrying out the purposes
of the grant.
(c) EVALUATION.—An applicant shall include an evaluation plan
by which the success of the plan will be measured, including the
articulation of specific, objective indicia of performance, how the
indicia will be evaluated, and a projected timetable for carrying
out the evaluation.
SEC. 30304. APPLICATIONS.
To request a grant under this subtitle the chief local elected
official of an area shall—
(1) prepare and submit to the Attorney General an applica-
tion in such form, at such time, and in accordance with such
procedures, as the Attorney General shall establish; and
(2) provide an assurance that funds received under this
subtitle shall be used to supplement, not supplant, non-Federal
H. R. 3355—51
funds that would otherwise be available for programs funded
under this subtitle.
SEC. 30305. REPORTS.
Not later than December 31, 1998, the Attorney General shall
prepare and submit to the Committees on the Judiciary of the
House and Senate an evaluation of the model programs developed
under this subtitle and make recommendations regarding the
implementation of a national crime prevention program.
SEC. 30306. DEFINITIONS.
In this subtitle—
‘‘chief local elected official’’ means an official designated
under regulations issued by the Attorney General. The criteria
used by the Attorney General in promulgating such regulations
shall ensure administrative efficiency and accountability in the
expenditure of funds and execution of funded projects under
this subtitle.
‘‘chronic high intensity crime area’’ means an area meeting
criteria adopted by the Attorney General by regulation that,
at a minimum, define areas with—
(A) consistently high rates of violent crime as reported
in the Federal Bureau of Investigation’s ‘‘Uniform Crime
Reports’’, and
(B) chronically high rates of poverty as determined
by the Bureau of the Census.
‘‘State’’ means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, American Samoa, Guam, and the Northern Mariana
Islands.
SEC. 30307. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle—
(1) $100,000,000 for fiscal year 1996;
(2) $125,100,000 for fiscal year 1997;
(3) $125,100,000 for fiscal year 1998;
(4) $125,100,000 for fiscal year 1999; and
(5) $150,200,000 for fiscal year 2000.
Subtitle D—Family and Community
Endeavor Schools Grant Program
SEC. 30401. COMMUNITY SCHOOLS YOUTH SERVICES AND SUPER-
VISION GRANT PROGRAM.
(a) SHORT TITLE.—This section may be cited as the ‘‘Community
Schools Youth Services and Supervision Grant Program Act of
1994’’.
(b) DEFINITIONS.—In this section—
‘‘child’’ means a person who is not younger than 5 and
not older than 18 years old.
‘‘community-based organization’’ means a private, locally
initiated, community-based organization that—
(A) is a nonprofit organization, as defined in section
103(23) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5603(23)); and
H. R. 3355—52
(B) is operated by a consortium of service providers,
consisting of representatives of 5 or more of the following
categories of persons:
(i) Residents of the community.
(ii) Business and civic leaders actively involved
in providing employment and business development
opportunities in the community.
(iii) Educators.
(iv) Religious organizations (which shall not pro-
vide any sectarian instruction or sectarian worship
in connection with an activity funded under this title).
(v) Law enforcement agencies.
(vi) Public housing agencies.
(vii) Other public agencies.
(viii) Other interested parties.
‘‘eligible community’’ means an area identified pursuant
to subsection (e).
‘‘Indian tribe’’ means a tribe, band, pueblo, nation, or other
organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that
is recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.
‘‘poverty line’’ means the income official poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to
a family of the size involved.
‘‘public school’’ means a public elementary school, as
defined in section 1201(i) of the Higher Education Act of 1965
(20 U.S.C. 1141(i)), and a public secondary school, as defined
in section 1201(d) of that Act.
‘‘Secretary’’ means the Secretary of Health and Human
Services, in consultation and coordination with the Attorney
General.
‘‘State’’ means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, American Samoa, Guam, and the
United States Virgin Islands.
(c) PROGRAM AUTHORITY.—
(1) IN GENERAL.—
(A) ALLOCATIONS FOR STATES AND INDIAN COUNTRY.—
For any fiscal year in which the sums appropriated to
carry out this section equal or exceed $20,000,000, from
the sums appropriated to carry out this subsection, the
Secretary shall allocate, for grants under subparagraph
(B) to community-based organizations in each State, an
amount bearing the same ratio to such sums as the number
of children in the State who are from families with incomes
below the poverty line bears to the number of children
in all States who are from families with incomes below
the poverty line. In view of the extraordinary need for
assistance in Indian country, an appropriate amount of
funds available under this subtitle shall be made available
for such grants in Indian country.
H. R. 3355—53
(B) GRANTS TO COMMUNITY-BASED ORGANIZATIONS FROM
ALLOCATIONS.—For such a fiscal year, the Secretary may
award grants from the appropriate State or Indian country
allocation determined under subparagraph (A) on a
competitive basis to eligible community-based organizations
to pay for the Federal share of assisting eligible commu-
nities to develop and carry out programs in accordance
with this section.
(C) REALLOCATION.—If, at the end of such a fiscal
year, the Secretary determines that funds allocated for
community-based organizations in a State or Indian coun-
try under subparagraph (B) remain unobligated, the Sec-
retary may use such funds to award grants to eligible
community-based organizations in another State or Indian
country to pay for such Federal share. In awarding such
grants, the Secretary shall consider the need to maintain
geographic diversity among the recipients of such grants.
Amounts made available through such grants shall remain
available until expended.
(2) OTHER FISCAL YEARS.—For any fiscal year in which
the sums appropriated to carry out this section are less than
$20,000,000, the Secretary may award grants on a competitive
basis to eligible community-based organizations to pay for the
Federal share of assisting eligible communities to develop and
carry out programs in accordance with this section.
(3) ADMINISTRATIVE COSTS.—The Secretary may use not
more than 3 percent of the funds appropriated to carry out
this section in any fiscal year for administrative costs.
(d) PROGRAM REQUIREMENTS.—
(1) LOCATION.—A community-based organization that
receives a grant under this section to assist in carrying out
such a program shall ensure that the program is carried out—
(A) when appropriate, in the facilities of a public school
during nonschool hours; or
(B) in another appropriate local facility in a State
or Indian country, such as a college or university, a local
or State park or recreation center, church, or military
base, that is—
(i) in a location that is easily accessible to children
in the community; and
(ii) in compliance with all applicable local
ordinances.
(2) USE OF FUNDS.—Such community-based organization—
(A) shall use funds made available through the grant
to provide, to children in the eligible community, services
and activities that—
(i) shall include supervised sports programs, and
extracurricular and academic programs, that are
offered—
(I) after school and on weekends and holidays,
during the school year; and
(II) as daily full-day programs (to the extent
available resources permit) or as part-day pro-
grams, during the summer months;
(B) in providing such extracurricular and academic
programs, shall provide programs such as curriculum-based
supervised 
educational, 
work 
force 
preparation,
H. R. 3355—54
entrepreneurship, cultural, health programs, social activi-
ties, arts and crafts programs, dance programs, tutorial
and mentoring programs, and other related activities;
(C) may use—
(i) such funds for minor renovation of facilities
that are in existence prior to the operation of the
program and that are necessary for the operation of
the program for which the organization receives the
grant, purchase of sporting and recreational equipment
and supplies, reasonable costs for the transportation
of participants in the program, hiring of staff, provision
of meals for such participants, provision of health serv-
ices consisting of an initial basic physical examination,
provision of first aid and nutrition guidance, family
counselling, parental training, and substance abuse
treatment where appropriate; and
(ii) not more than 5 percent of such funds to pay
for the administrative costs of the program; and
(D) may not use such funds to provide sectarian wor-
ship or sectarian instruction.
(e) ELIGIBLE COMMUNITY IDENTIFICATION.—
(1) IDENTIFICATION.—To be eligible to receive a grant under
this section, a community-based organization shall identify an
eligible community to be assisted under this section.
(2) CRITERIA.—Such eligible community shall be an area
that meets such criteria with respect to significant poverty
and significant juvenile delinquency, and such additional cri-
teria, as the Secretary may by regulation require.
(f) APPLICATIONS.—
(1) APPLICATION
REQUIRED.—To be eligible to receive a
grant under this section, a community-based organization shall
submit an application to the Secretary at such time, in such
manner, and accompanied by such information, as the Secretary
may reasonably require, and obtain approval of such
application.
(2) CONTENTS OF APPLICATION.—Each application submitted
pursuant to paragraph (1) shall—
(A) describe the activities and services to be provided
through the program for which the grant is sought;
(B) contain an assurance that the community-based
organization will spend grant funds received under this
section in a manner that the community-based organization
determines will best accomplish the objectives of this
section;
(C) contain a comprehensive plan for the program that
is designed to achieve identifiable goals for children in
the eligible community;
(D) set forth measurable goals and outcomes for the
program that—
(i) will—
(I) where appropriate, make a public school
the focal point of the eligible community; or
(II) make a local facility described in sub-
section (d)(1)(B) such a focal point; and
(ii) may include reducing the percentage of chil-
dren in the eligible community that enter the juvenile
justice system, increasing the graduation rates, school
H. R. 3355—55
attendance, and academic success of children in the
eligible community, and improving the skills of pro-
gram participants;
(E) provide evidence of support for accomplishing such
goals and outcomes from—
(i) community leaders;
(ii) businesses;
(iii) local educational agencies;
(iv) local officials;
(v) State officials;
(vi) Indian tribal government officials; and
(vii) other organizations that the community-based
organization determines to be appropriate;
(F) contain an assurance that the community-based
organization will use grant funds received under this sec-
tion to provide children in the eligible community with
activities and services that shall include supervised sports
programs, and extracurricular and academic programs, in
accordance with subparagraphs (A) and (B) of subsection
(d)(2);
(G) contain a list of the activities and services that
will be offered through the program for which the grant
is sought and sponsored by private nonprofit organizations,
individuals, and groups serving the eligible community,
including—
(i) extracurricular and academic programs, such
as programs described in subsection (d)(2)(B); and
(ii) activities that address specific needs in the
community;
(H) demonstrate the manner in which the community-
based organization will make use of the resources, exper-
tise, and commitment of private entities in carrying out
the program for which the grant is sought;
(I) include an estimate of the number of children in
the eligible community expected to be served pursuant
to the program;
(J) include a description of charitable private resources,
and all other resources, that will be made available to
achieve the goals of the program;
(K) contain an assurance that the community-based
organization will use competitive procedures when purchas-
ing, contracting, or otherwise providing for goods, activities,
or services to carry out programs under this section;
(L) contain an assurance that the program will main-
tain a staff-to-participant ratio (including volunteers) that
is appropriate to the activity or services provided by the
program;
(M) contain an assurance that the program will main-
tain an average attendance rate of not less than 75 percent
of the participants enrolled in the program, or will enroll
additional participants in the program;
(N) contain an assurance that the community-based
organization will comply with any evaluation under sub-
section (m), any research effort authorized under Federal
law, and any investigation by the Secretary;
(O) contain an assurance that the community-based
organization shall prepare and submit to the Secretary
H. R. 3355—56
an annual report regarding any program conducted under
this section;
(P) contain an assurance that the program for which
the grant is sought will, to the maximum extent possible,
incorporate services that are provided solely through non-
Federal private or nonprofit sources; and
(Q) contain an assurance that the community-based
organization will maintain separate accounting records for
the program.
(3) PRIORITY.—In awarding grants to carry out programs
under this section, the Secretary shall give priority to commu-
nity-based organizations who submit applications that dem-
onstrate the greatest effort in generating local support for the
programs.
(g) ELIGIBILITY OF PARTICIPANTS.—
(1) IN GENERAL.—To the extent possible, each child who
resides in an eligible community shall be eligible to participate
in a program carried out in such community that receives
assistance under this section.
(2) ELIGIBILITY.—To be eligible to participate in a program
that receives assistance under this section, a child shall provide
the express written approval of a parent or guardian, and
shall submit an official application and agree to the terms
and conditions of participation in the program.
(3) NONDISCRIMINATION.—In selecting children to partici-
pate in a program that receives assistance under this section,
a community-based organization shall not discriminate on the
basis of race, color, religion, sex, national origin, or disability.
(h) PEER REVIEW PANEL.—
(1) ESTABLISHMENT.—The Secretary may establish a peer
review panel that shall be comprised of individuals with dem-
onstrated experience in designing and implementing commu-
nity-based programs.
(2) COMPOSITION.—A peer review panel shall include at
least 1 representative from each of the following:
(A) A community-based organization.
(B) A local government.
(C) A school district.
(D) The private sector.
(E) A charitable organization.
(F) A representative of the United States Olympic
Committee, at the option of the Secretary.
(3) FUNCTIONS.—A peer review panel shall conduct the
initial review of all grant applications received by the Secretary
under subsection (f), make recommendations to the Secretary
regarding—
(A) grant funding under this section; and
(B) a design for the evaluation of programs assisted
under this section.
(i) INVESTIGATIONS AND INSPECTIONS.—The Secretary may con-
duct such investigations and inspections as may be necessary to
ensure compliance with the provisions of this section.
(j) PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE.—
(1) PAYMENTS.—The Secretary shall, subject to the avail-
ability of appropriations, pay to each community-based
organization having an application approved under subsection
H. R. 3355—57
(f) the Federal share of the costs of developing and carrying
out programs described in subsection (c).
(2) FEDERAL SHARE.—The Federal share of such costs shall
be no more than—
(A) 75 percent for each of fiscal years 1995 and 1996;
(B) 70 percent for fiscal year 1997; and
(C) 60 percent for fiscal year 1998 and thereafter.
(3) NON-FEDERAL SHARE.—
(A) IN GENERAL.—The non-Federal share of such costs
may be in cash or in kind, fairly evaluated, including
plant, equipment, and services (including the services
described in subsection (f)(2)(P)), and funds appropriated
by the Congress for the activity of any agency of an Indian
tribal government or the Bureau of Indian Affairs on any
Indian lands may be used to provide the non-Federal share
of the costs of programs or projects funded under this
subtitle.
(B) SPECIAL RULE.—At least 15 percent of the non-
Federal share of such costs shall be provided from private
or nonprofit sources.
(k) EVALUATION.—The Secretary shall conduct a thorough
evaluation of the programs assisted under this section, which shall
include an assessment of—
(1) the number of children participating in each program
assisted under this section;
(2) the academic achievement of such children;
(3) school attendance and graduation rates of such children;
and
(4) the number of such children being processed by the
juvenile justice system.
SEC. 30402. FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT
PROGRAM.
(a) SHORT TITLE.—This section may be cited as the ‘‘Family
and Community Endeavor Schools Act’’.
(b) PURPOSE.—It is the purpose of this section to improve the
overall development of at-risk children who reside in eligible
communities as defined in subsection (l)(3).
(c) PROGRAM AUTHORITY.—The Secretary may award grants
on a competitive basis to eligible local entities to pay for the
Federal share of assisting eligible communities to develop and carry
out programs in accordance with this section. No local entity shall
receive a grant of less than $250,000 in a fiscal year. Amounts
made available through such grants shall remain available until
expended.
(d) PROGRAM REQUIREMENTS.—
(1) IMPROVEMENT PROGRAMS.—A local entity that receives
funds under this section shall develop or expand programs
that are designed to improve academic and social development
by instituting a collaborative structure that trains and coordi-
nates the efforts of teachers, administrators, social workers,
guidance counselors, parents, and school volunteers to provide
concurrent social services for at-risk students at selected public
schools in eligible communities.
(2) OPTIONAL ACTIVITIES.—A local entity that receives funds
under this section may develop a variety of programs to serve
the comprehensive needs of students, including—
H. R. 3355—58
(A) homework assistance and after-school programs,
including educational, social, and athletic activities;
(B) nutrition services;
(C) mentoring programs;
(D) family counseling; and
(E) parental training programs.
(e) ELIGIBLE
COMMUNITY
IDENTIFICATION.—The Secretary
through regulation shall define the criteria necessary to qualify
as an eligible community as defined in subsection (l)(3).
(f) GRANT ELIGIBILITY.—To be eligible to receive a grant under
this section, a local entity shall—
(1) identify an eligible community to be assisted;
(2) develop a community planning process that includes—
(A) parents and family members;
(B) local school officials;
(C) teachers employed at schools within the eligible
community;
(D) public housing resident organization members,
where applicable; and
(E) public and private nonprofit organizations that pro-
vide education, child protective services, or other human
services to low-income, at-risk children and their families;
and
(3) develop a concentrated strategy for implementation of
the community planning process developed under paragraph
(2) that targets clusters of at-risk children in the eligible
community.
(g) APPLICATIONS.—
(1) APPLICATION
REQUIRED.—To be eligible to receive a
grant under this section, a local entity shall submit an applica-
tion to the Secretary at such time, in such manner, and accom-
panied by such information, as the Secretary may reasonably
require, and obtain approval of such application.
(2) CONTENTS OF APPLICATION.—Each application submitted
under paragraph (1) shall—
(A) contain a comprehensive plan for the program that
is designed to improve the academic and social development
of at-risk children in schools in the eligible community;
(B) provide evidence of support for accomplishing the
objectives of such plan from—
(i) community leaders;
(ii) a school district;
(iii) local officials; and
(iv) other organizations that the local entity deter-
mines to be appropriate;
(C) provide an assurance that the local entity will
use grant funds received under this subsection to imple-
ment the program requirements listed in subsection (d);
(D) include an estimate of the number of children
in the eligible community expected to be served under
the program;
(E) provide an assurance that the local entity will
comply with any evaluation requested under subsection
(k), any research effort authorized under Federal law, and
any investigation by the Secretary;
H. R. 3355—59
(F) provide an assurance that the local entity shall
prepare and submit to the Secretary an annual report
regarding any program conducted under this section;
(G) provide an assurance that funds made available
under this section shall be used to supplement, not sup-
plant, other Federal funds that would otherwise be avail-
able for activities funded under this section; and
(H) provide an assurance that the local entity will
maintain separate accounting records for the program.
(3) PRIORITY.—In awarding grants to carry out programs
under this section, the Secretary shall give priority to local
entities which submit applications that demonstrate the great-
est effort in generating local support for the programs.
(h) PEER REVIEW PANEL.—
(1) ESTABLISHMENT.—The Secretary shall establish a peer
review panel not to exceed 8 members that shall be comprised
of individuals with demonstrated experience in designing and
implementing programs to improve the academic and social
development of at-risk children.
(2) FUNCTIONS.—Such panel shall make recommendations
to the Secretary regarding—
(A) an illustrative model that effectively achieves the
program requirements indicated in subsection (d) and a
process whereby local entities can request such model;
and
(B) a design for the evaluation of programs assisted
under this section.
(i) INVESTIGATIONS AND INSPECTIONS.—The Secretary may con-
duct such investigations and inspections as may be necessary to
ensure compliance with the provisions of this section.
(j) FEDERAL SHARE.—
(1) PAYMENTS.—The Secretary shall, subject to the avail-
ability of appropriations, pay to each local entity having an
application approved under subsection (g) the Federal share
of the costs of developing and carrying out programs referred
to in subsection (d).
(2) FEDERAL SHARE.—The Federal share of such costs shall
be 70 percent.
(3) NON-FEDERAL SHARE.—
(A) IN GENERAL.—The non-Federal share of such costs
may be in cash or in kind, fairly evaluated, including
personnel, plant, equipment, and services.
(B) SPECIAL RULE.—Not less than 15 percent of the
non-Federal share of such costs shall be provided from
private or nonprofit sources.
(k) EVALUATION.—The Secretary shall require a thorough
evaluation of the programs assisted under this section, which shall
include an assessment of the academic and social achievement
of children assisted with funds provided under this section.
(l) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘Secretary’’ means the Secretary of the Depart-
ment of Education;
(2) the term ‘‘local entity’’ means—
(A) a local educational agency, or
(B) a community-based organization as defined in sec-
tion 1471(3) of the Elementary and Secondary Education
Act of 1965;
H. R. 3355—60
(3) the term ‘‘eligible community’’ means an area which
meets criteria with respect to significant poverty and significant
violent crime, and such additional criteria, as the Secretary
may by regulation require; and
(4) the term ‘‘public school’’ means an elementary school
(as defined in section 1471(8) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2891(8))) and a secondary
school (as defined in section 1471(21) of that Act).
SEC. 30403. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to
carry out this subtitle—
(1) $37,000,000 for fiscal year 1995;
(2) $103,500,000 for fiscal year 1996;
(3) $121,500,000 for fiscal year 1997;
(4) $153,000,000 for fiscal year 1998;
(5) $193,500,000 for fiscal year 1999; and
(6) $201,500,000 for fiscal year 2000.
(b) PROGRAMS.—Of the amounts appropriated under subsection
(a) for any fiscal year—
(1) 70 percent shall be made available to carry out section
30401; and
(2) 30 percent shall be made available to carry out section
30402.
Subtitle G—Assistance for Delinquent and
At-Risk Youth
SEC. 30701. GRANT AUTHORITY.
(a) GRANTS.—
(1) IN GENERAL.—In order to prevent the commission of
crimes or delinquent acts by juveniles, the Attorney General
may make grants to public or private nonprofit organizations
to support the development and operation of projects to provide
residential services to youth, aged 11 to 19, who—
(A) have dropped out of school;
(B) have come into contact with the juvenile justice
system; or
(C) are at risk of dropping out of school or coming
into contact with the juvenile justice system.
(2) CONSULTATION WITH THE OUNCE OF PREVENTION COUN-
CIL.—The Attorney General may consult with the Ounce of
Prevention Council in making grants under paragraph (1).
(3) SERVICES.—Such services shall include activities
designed to—
(A) increase the self-esteem of such youth;
(B) assist such youth in making healthy and respon-
sible choices;
(C) improve the academic performance of such youth
pursuant to a plan jointly developed by the applicant and
the school which each such youth attends or should attend;
and
(D) provide such youth with vocational and life skills.
(b) APPLICATIONS.—
(1) IN
GENERAL.—A public agency or private nonprofit
organization which desires a grant under this section shall
H. R. 3355—61
submit an application at such time and in such manner as
the Attorney General may prescribe.
(2) CONTENTS.—An application under paragraph (1) shall
include—
(A) a description of the program developed by the
applicant, including the activities to be offered;
(B) a detailed discussion of how such program will
prevent youth from committing crimes or delinquent acts;
(C) evidence that such program—
(i) will be carried out in facilities which meet
applicable State and local laws with regard to safety;
(ii) will include academic instruction, approved by
the State, Indian tribal government, or local edu-
cational agency, which meets or exceeds State, Indian
tribal government, and local standards and curricular
requirements; and
(iii) will include instructors and other personnel
who possess such qualifications as may be required
by applicable State or local laws; and
(D) specific, measurable outcomes for youth served by
the program.
(c) CONSIDERATION OF APPLICATIONS.—Not later than 60 days
following the submission of applications, the Attorney General
shall—
(1) approve each application and disburse the funding for
each such application; or
(2) disapprove the application and inform the applicant
of such disapproval and the reasons therefor.
(d) REPORTS.—A grantee under this section shall annually sub-
mit a report to the Attorney General that describes the activities
and accomplishments of such program, including the degree to
which the specific youth outcomes are met.
(e) DEFINITIONS.—In this subtitle—
‘‘Indian tribe’’ means a tribe, band, pueblo, nation, or other
organized group or community of Indians, including Alaska
Native village (as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that
is recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.
‘‘State’’ means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, American Samoa, Guam, and the Northern Mariana
Islands.
SEC. 30702. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under sec-
tion 30701—
(1) $5,400,000 for fiscal year 1996;
(2) $6,300,000 for fiscal year 1997;
(3) $7,200,000 for fiscal year 1998;
(4) $8,100,000 for fiscal year 1999; and
(5) $9,000,000 for fiscal year 2000.
H. R. 3355—62
Subtitle H—Police Recruitment
SEC. 30801. GRANT AUTHORITY.
(a) GRANTS.—
(1) IN GENERAL.—The Attorney General may make grants
to qualified community organizations to assist in meeting the
costs of qualified programs which are designed to recruit and
retain applicants to police departments.
(2) CONSULTATION WITH THE OUNCE OF PREVENTION COUN-
CIL.—The Attorney General may consult with the Ounce of
Prevention Council in making grants under paragraph (1).
(b) QUALIFIED COMMUNITY ORGANIZATIONS.—An organization
is a qualified community organization which is eligible to receive
a grant under subsection (a) if the organization—
(1) is a nonprofit organization; and
(2) has training and experience in—
(A) working with a police department and with teach-
ers, counselors, and similar personnel,
(B) providing services to the community in which the
organization is located,
(C) developing and managing services and techniques
to recruit individuals to become members of a police depart-
ment and to assist such individuals in meeting the member-
ship requirements of police departments,
(D) developing and managing services and techniques
to assist in the retention of applicants to police depart-
ments, and
(E) developing other programs that contribute to the
community.
(c) QUALIFIED PROGRAMS.—A program is a qualified program
for which a grant may be made under subsection (a) if the program
is designed to recruit and train individuals from underrepresented
neighborhoods and localities and if—
(1) the overall design of the program is to recruit and
retain applicants to a police department;
(2) the program provides recruiting services which include
tutorial programs to enable individuals to meet police force
academic requirements and to pass entrance examinations;
(3) the program provides counseling to applicants to police
departments who may encounter problems throughout the
application process; and
(4) the program provides retention services to assist in
retaining individuals to stay in the application process of a
police department.
(d) APPLICATIONS.—To qualify for a grant under subsection
(a), a qualified organization shall submit an application to the
Attorney General in such form as the Attorney General may pre-
scribe. Such application shall—
(1) include documentation from the applicant showing—
(A) the need for the grant;
(B) the intended use of grant funds;
(C) expected results from the use of grant funds; and
(D) demographic characteristics of the population to
be served, including age, disability, race, ethnicity, and
languages used; and
H. R. 3355—63
(2) contain assurances satisfactory to the Attorney General
that the program for which a grant is made will meet the
applicable requirements of the program guidelines prescribed
by the Attorney General under subsection (i).
(e) ACTION BY THE ATTORNEY GENERAL.—Not later than 60
days after the date that an application for a grant under subsection
(a) is received, the Attorney General shall consult with the police
department which will be involved with the applicant and shall—
(1) approve the application and disburse the grant funds
applied for; or
(2) disapprove the application and inform the applicant
that the application is not approved and provide the applicant
with the reasons for the disapproval.
(f) GRANT DISBURSEMENT.—The Attorney General shall dis-
burse funds under a grant under subsection (a) in accordance with
regulations of the Attorney General which shall ensure—
(1) priority is given to applications for areas and organiza-
tions with the greatest showing of need;
(2) that grant funds are equitably distributed on a
geographic basis; and
(3) the needs of underserved populations are recognized
and addressed.
(g) GRANT PERIOD.—A grant under subsection (a) shall be made
for a period not longer than 3 years.
(h) GRANTEE REPORTING.—(1) For each year of a grant period
for a grant under subsection (a), the recipient of the grant shall
file a performance report with the Attorney General explaining
the activities carried out with the funds received and assessing
the effectiveness of such activities in meeting the purpose of the
recipient’s qualified program.
(2) If there was more than one recipient of a grant, each
recipient shall file such report.
(3) The Attorney General shall suspend the funding of a grant,
pending compliance, if the recipient of the grant does not file
the report required by this subsection or uses the grant for a
purpose not authorized by this section.
(i) GUIDELINES.—The Attorney General shall, by regulation,
prescribe guidelines on content and results for programs receiving
a grant under subsection (a). Such guidelines shall be designed
to establish programs which will be effective in training individuals
to enter instructional programs for police departments and shall
include requirements for—
(1) individuals providing recruiting services;
(2) individuals providing tutorials and other academic
assistance programs;
(3) individuals providing retention services; and
(4) the content and duration of recruitment, retention, and
counseling programs and the means and devices used to pub-
licize such programs.
SEC. 30802. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under sec-
tion 30801—
(1) $2,000,000 for fiscal year 1996;
(2) $4,000,000 for fiscal year 1997;
(3) $5,000,000 for fiscal year 1998;
(4) $6,000,000 for fiscal year 1999; and
H. R. 3355—64
(5) $7,000,000 for fiscal year 2000.
Subtitle J—Local Partnership Act
SEC. 31001. ESTABLISHMENT OF PAYMENT PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—Title 31, United States Code,
is amended by inserting after chapter 65 the following new chapter:
‘‘CHAPTER 67—FEDERAL PAYMENTS
‘‘Sec.
‘‘6701. Payments to local governments.
‘‘6702. Local Government Fiscal Assistance Fund.
‘‘6703. Qualification for payment.
‘‘6704. State area allocations; allocations and payments to territorial governments.
‘‘6705. Local government allocations.
‘‘6706. Income gap multiplier.
‘‘6707. State variation of local government allocations.
‘‘6708. Adjustments of local government allocations.
‘‘6709. Information used in allocation formulas.
‘‘6710. Public participation.
‘‘6711. Prohibited discrimination.
‘‘6712. Discrimination proceedings.
‘‘6713. Suspension and termination of payments in discrimination proceedings.
‘‘6714. Compliance agreements.
‘‘6715. Enforcement by the Attorney General of prohibitions on discrimination.
‘‘6716. Civil action by a person adversely affected.
‘‘6717. Judicial review.
‘‘6718. Investigations and reviews.
‘‘6719. Reports.
‘‘6720. Definitions, application, and administration.
‘‘§ 6701. Payments to local governments
‘‘(a) PAYMENT AND USE.—
‘‘(1) PAYMENT.—The Secretary shall pay to each unit of
general local government which qualifies for a payment under
this chapter an amount equal to the sum of any amounts
allocated to the government under this chapter for each pay-
ment period. The Secretary shall pay such amount out of the
Local Government Fiscal Assistance Fund under section 6702.
‘‘(2) USE.—Amounts paid to a unit of general local govern-
ment under this section shall be used by that unit for carrying
out one or more programs of the unit related to—
‘‘(A) education to prevent crime;
‘‘(B) substance abuse treatment to prevent crime; or
‘‘(C) job programs to prevent crime.
‘‘(3) COORDINATION.—Programs funded under this title shall
be coordinated with other existing Federal programs to meet
the overall needs of communities that benefit from funds
received under this section.
‘‘(b) TIMING
OF PAYMENTS.—The Secretary shall pay each
amount allocated under this chapter to a unit of general local
government for a payment period by the later of 90 days after
the date the amount is available or the first day of the payment
period provided that the unit of general local government has
provided the Secretary with the assurances required by section
6703(d).
‘‘(c) ADJUSTMENTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary
shall adjust a payment under this chapter to a unit of general
local government to the extent that a prior payment to the
H. R. 3355—65
government was more or less than the amount required to
be paid.
‘‘(2) CONSIDERATIONS.—The Secretary may increase or
decrease under this subsection a payment to a unit of local
government only if the Secretary determines the need for the
increase or decrease, or the unit requests the increase or
decrease, within one year after the end of the payment period
for which the payment was made.
‘‘(d) RESERVATION
FOR
ADJUSTMENTS.—The Secretary may
reserve a percentage of not more than 2 percent of the amount
under this section for a payment period for all units of general
local government in a State if the Secretary considers the reserve
is necessary to ensure the availability of sufficient amounts to
pay adjustments after the final allocation of amounts among the
units of general local government in the State.
‘‘(e) REPAYMENT OF UNEXPENDED AMOUNTS.—
‘‘(1) REPAYMENT REQUIRED.—A unit of general local govern-
ment shall repay to the Secretary, by not later than 15 months
after receipt from the Secretary, any amount that is—
‘‘(A) paid to the unit from amounts appropriated under
the authority of this section; and
‘‘(B) not expended by the unit within one year after
receipt from the Secretary.
‘‘(2) PENALTY
FOR
FAILURE
TO
REPAY.—If the amount
required to be repaid is not repaid, the Secretary shall reduce
payments in future payment periods accordingly.
‘‘(3) DEPOSIT OF AMOUNTS REPAID.—Amounts received by
the Secretary as repayments under this subsection shall be
deposited in the Local Government Fiscal Assistance Fund
for future payments to units of general local government.
‘‘(f) EXPENDITURE
WITH
DISADVANTAGED
BUSINESS
ENTER-
PRISES.—
‘‘(1) GENERAL RULE.—Of amounts paid to a unit of general
local government under this chapter for a payment period,
not less than 10 percent of the total combined amounts obli-
gated by the unit for contracts and subcontracts shall be
expended with—
‘‘(A) small business concerns controlled by socially and
economically disadvantaged individuals and women; and
‘‘(B) historically Black colleges and universities and
colleges and universities having a student body in which
more than 20 percent of the students are Hispanic Ameri-
cans or Native Americans.
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to amounts
paid to a unit of general local government to the extent the
unit determines that the paragraph does not apply through
a process that provides for public participation.
‘‘(3) DEFINITIONS.—For purposes of this subsection—
‘‘(A) the term ‘small business concern’ has the meaning
such term has under section 3 of the Small Business Act;
and
‘‘(B) the term ‘socially and economically disadvantaged
individuals’ has the meaning such term has under section
8(d) of the Small Business Act and relevant subcontracting
regulations promulgated pursuant to that section.
‘‘(g) NONSUPPLANTING REQUIREMENT.—
H. R. 3355—66
‘‘(1) IN GENERAL.—Funds made available under this chapter
to units of local government shall not be used to supplant
State or local funds, but will be used to increase the amount
of funds that would, in the absence of funds under this chapter,
be made available from State or local sources.
‘‘(2) BASE LEVEL AMOUNT.—The total level of funding avail-
able to a unit of local government for accounts serving eligible
purposes under this chapter in the fiscal year immediately
preceding receipt of a grant under this chapter shall be des-
ignated the ‘base level account’ for the fiscal year in which
a grant is received. Grants under this chapter in a given
fiscal year shall be reduced on a dollar for dollar basis to
the extent that a unit of local government reduces its base
level account in that fiscal year.
‘‘§ 6702. Local Government Fiscal Assistance Fund
‘‘(a) ADMINISTRATION OF FUND.—The Department of the Treas-
ury has a Local Government Fiscal Assistance Fund, which consists
of amounts appropriated to the Fund.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Fund—
‘‘(1) $270,000,000 for fiscal year 1996;
‘‘(2) $283,500,000 for fiscal year 1997;
‘‘(3) $355,500,000 for fiscal year 1998;
‘‘(4) $355,500,000 for fiscal year 1999; and
‘‘(5) $355,500,000 for fiscal year 2000.
Such sums are to remain available until expended.
‘‘(c) ADMINISTRATIVE COSTS.—Up to 2.5 percent of the amount
authorized to be appropriated under subsection (b) is authorized
to be appropriated for the period fiscal year 1995 through fiscal
year 2000 to be available for administrative costs by the Secretary
in furtherance of the purposes of the program. Such sums are
to remain available until expended.
‘‘§ 6703. Qualification for payment
‘‘(a) IN
GENERAL.—The Secretary shall issue regulations
establishing procedures under which eligible units of general local
government are required to provide notice to the Secretary of the
units’ proposed use of assistance under this chapter. Subject to
subsection (c), the assistance provided shall be used, in amounts
determined by the unit, for activities under, or for activities that
are substantially similar to an activity under, 1 or more of the
following programs and the notice shall identify 1 or more of the
following programs for each such use:
‘‘(1) The Drug Abuse Resistance Education Program under
section 5122 of the Elementary and Secondary Education Act
of 1965.
‘‘(2) The National Youth Sports Program under section
682 of the Community Services Block Grant Act (Public Law
97–35) as amended by section 205, Public Law 103–252.
‘‘(3) The Gang Resistance Education and Training Program
under the Act entitled ‘An Act making appropriations for the
Treasury Department, the United States Postal Service, the
Executive Office of the President, and certain Independent
Agencies, for the fiscal year ending September 30, 1991, and
for other purposes’, approved November 5, 1990 (Public Law
101–509).
H. R. 3355—67
‘‘(4) Programs under title II or IV of the Job Training
Partnership Act (29 U.S.C. 1601 et seq.).
‘‘(5) Programs under subtitle C of title I of the National
and Community Service Act of 1990 (42 U.S.C. 12571 et seq.),
as amended.
‘‘(6) Programs under the School to Work Opportunities
Act (Public Law 103–239).
‘‘(7) Substance Abuse Treatment and Prevention programs
authorized under title V or XIX of the Public Health Services
Act (43 U.S.C. 201 et seq.).
‘‘(8) Programs under the Head Start Act (42 U.S.C. 9831
et seq.).
‘‘(9) Programs under part A or B of chapter 1 of title
I of the Elementary and Secondary Education Act of 1965.
‘‘(10) The TRIO programs under part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
‘‘(11) Programs under the National Literacy Act of 1991.
‘‘(12) Programs under the Carl Perkins Vocational Edu-
cational and Applied Technology Education Act (20 U.S.C. 2301
et seq.).
‘‘(13) The demonstration partnership programs including
the community initiative targeted to minority youth under sec-
tion 203 of the Human Services Reauthorization Act of 1994
(Public Law 103–252).
‘‘(14) The runaway and homeless youth program and the
transitional living program for homeless youth under title III
of the Juvenile Justice and Delinquency Prevention Act (Public
Law 102–586).
‘‘(15) The family support program under subtitle F of title
VII of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 1148 et seq.).
‘‘(16) After-school activities for school aged children under
the Child Care and Development Block Grant Act (42 U.S.C.
9858 et seq.).
‘‘(17) The community-based family resource programs under
section 401 of the Human Services Reauthorization Act of 1994
(Public Law 103–252).
‘‘(18) The family violence programs under the Child Abuse
Prevention and Treatment Act Amendments of 1984.
‘‘(19) Job training programs administered by the Depart-
ment of Agriculture, the Department of Defense, or the Depart-
ment of Housing and Urban Development.
‘‘(b) NOTICE TO AGENCY.—Upon receipt of notice under sub-
section (a) from an eligible unit of general local government, the
Secretary shall notify the head of the appropriate Federal agency
for each program listed in subsection (a) that is identified in the
notice as a program under which an activity will be conducted
with assistance under this chapter. The notification shall state
that the unit has elected to use some or all of its assistance
under this chapter for activities under that program. The head
of a Federal agency that receives such a notification shall ensure
that such use is in compliance with the laws and regulations
applicable to that program, except that any requirement to provide
matching funds shall not apply to that use.
‘‘(c) ALTERNATIVE USES OF FUNDS.—
‘‘(1) ALTERNATIVE USES AUTHORIZED.—In lieu of, or in addi-
tion to, use for an activity described in subsection (a) and
H. R. 3355—68
notice for that use under subsection (a), an eligible unit of
general local government may use assistance under this chap-
ter, and shall provide notice of that use to the Secretary under
subsection (a), for any other activity that is consistent with
1 or more of the purposes described in section 6701(a)(2).
‘‘(2) NOTICE DEEMED TO DESCRIBE CONSISTENT USE.—Notice
by a unit of general local government that it intends to use
assistance under this chapter for an activity other than an
activity described in subsection (a) is deemed to describe an
activity that is consistent with 1 or more of the purposes
described in section 6701(a)(2) unless the Secretary provides
to the unit, within 30 days after receipt of that notice of
intent from the unit, written notice (including an explanation)
that the use is not consistent with those purposes.
‘‘(d) GENERAL REQUIREMENTS FOR QUALIFICATION.—A unit of
general local government qualifies for a payment under this chapter
for a payment period only after establishing to the satisfaction
of the Secretary that—
‘‘(1) the government will establish a trust fund in which
the government will deposit all payments received under this
chapter;
‘‘(2) the government will use amounts in the trust fund
(including interest) during a reasonable period;
‘‘(3) the government will expend the payments so received,
in accordance with the laws and procedures that are applicable
to the expenditure of revenues of the government;
‘‘(4) if at least 25 percent of the pay of individuals employed
by the government in a public employee occupation is paid
out of the trust fund, individuals in the occupation any part
of whose pay is paid out of the trust fund will receive pay
at least equal to the prevailing rate of pay for individuals
employed in similar public employee occupations by the
government;
‘‘(5) all laborers and mechanics employed by contractors
or subcontractors in the performance of any contract and sub-
contract for the repair, renovation, alteration, or construction,
including painting and decorating, of any building or work
that is financed in whole or in part by a grant under this
title, shall be paid wages not less than those determined by
the Secretary of Labor in accordance with the Act of March
3, 1931 (commonly known as the Davis-Bacon Act); as amended
(40 U.S.C. 276a–276a–5). The Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
No. 14 of 1950 (15 FR 3176; 64 Stat. 1267) and section 2
of the Act of June 1, 1934 (commonly known as the Copeland
Anti-Kickback Act), as amended (40 U.S.C. 276c, 48 Stat. 948);
‘‘(6) the government will use accounting, audit, and fiscal
procedures that conform to guidelines which shall be prescribed
by the Secretary after consultation with the Comptroller Gen-
eral of the United States. As applicable, amounts received
under this chapter shall be audited in compliance with the
Single Audit Act of 1984;
‘‘(7) after reasonable notice to the government, the govern-
ment will make available to the Secretary and the Comptroller
General of the United States, with the right to inspect, records
the Secretary reasonably requires to review compliance with
this chapter or the Comptroller General of the United States
H. R. 3355—69
reasonably requires to review compliance and operations under
section 6718(b);
‘‘(8) the government will make reports the Secretary reason-
ably requires, in addition to the annual reports required under
section 6719(b); and
‘‘(9) the government will spend the funds only for the
purposes set forth in section 6701(a)(2).
‘‘(e) REVIEW BY GOVERNORS.—A unit of general local govern-
ment shall give the chief executive officer of the State in which
the government is located an opportunity for review and comment
before establishing compliance with subsection (d).
‘‘(f) SANCTIONS FOR NONCOMPLIANCE.—
‘‘(1) IN
GENERAL.—If the Secretary decides that a unit
of general local government has not complied substantially
with subsection (d) or regulations prescribed under subsection
(d), the Secretary shall notify the government. The notice shall
state that if the government does not take corrective action
by the 60th day after the date the government receives the
notice, the Secretary will withhold additional payments to the
government for the current payment period and later payment
periods until the Secretary is satisfied that the government—
‘‘(A) has taken the appropriate corrective action; and
‘‘(B) will comply with subsection (d) and regulations
prescribed under subsection (d).
‘‘(2) NOTICE.—Before giving notice under paragraph (1),
the Secretary shall give the chief executive officer of the unit
of general local government reasonable notice and an oppor-
tunity for comment.
‘‘(3) PAYMENT
CONDITIONS.—The Secretary may make a
payment to a unit of general local government notified under
paragraph (1) only if the Secretary is satisfied that the
government—
‘‘(A) has taken the appropriate corrective action; and
‘‘(B) will comply with subsection (d) and regulations
prescribed under subsection (d).
‘‘§ 6704. State area allocations; allocations and payments to
territorial governments
‘‘(a) FORMULA
ALLOCATION
BY
STATE.—For each payment
period, the Secretary shall allocate to each State out of the amount
appropriated for the period under the authority of section 6702(b)
(minus the amounts allocated to territorial governments under sub-
section (e) for the payment period) an amount bearing the same
ratio to the amount appropriated (minus such amounts allocated
under subsection (e)) as the amount allocated to the State under
this section bears to the total amount allocated to all States under
this section. The Secretary shall—
‘‘(1) determine the amount allocated to the State under
subsection (b) or (c) of this section and allocate the larger
amount to the State; and
‘‘(2) allocate the amount allocated to the State to units
of general local government in the State under sections 6705
and 6706.
‘‘(b) GENERAL FORMULA.—
‘‘(1) IN GENERAL.—For the payment period beginning Octo-
ber 1, 1994, the amount allocated to a State under this sub-
H. R. 3355—70
section for a payment period is the amount bearing the same
ratio to $5,300,000,000 as—
‘‘(A) the population of the State, multiplied by the
general tax effort factor of the State (determined under
paragraph (2)), multiplied by the relative income factor
of the State (determined under paragraph (3)), multiplied
by the relative rate of the labor force unemployed in the
State (determined under paragraph (4)); bears to
‘‘(B) the sum of the products determined under
subparagraph (A) of this paragraph for all States.
‘‘(2) GENERAL TAX EFFORT FACTOR.—The general tax effort
factor of a State for a payment period is—
‘‘(A) the net amount of State and local taxes of the
State collected during the year 1991 as reported by the
Bureau of the Census in the publication Government
Finances 1990–1991; divided by
‘‘(B) the total income of individuals, as determined
by the Secretary of Commerce for national accounts pur-
poses for 1992 as reported in the publication Survey of
Current Business (August 1993), attributed to the State
for the same year.
‘‘(3) RELATIVE INCOME FACTOR.—The relative income factor
of a State is a fraction in which—
‘‘(A) the numerator is the per capita income of the
United States; and
‘‘(B) the denominator is the per capita income of the
State.
‘‘(4) RELATIVE RATE OF LABOR FORCE.—The relative rate
of the labor force unemployed in a State is a fraction in which—
‘‘(A) the numerator is the percentage of the labor force
of the State that is unemployed in the calendar year preced-
ing the payment period (as determined by the Secretary
of Labor for general statistical purposes); and
‘‘(B) the denominator is the percentage of the labor
force of the United States that is unemployed in the cal-
endar year preceding the payment period (as determined
by the Secretary of Labor for general statistical purposes).
‘‘(c) ALTERNATIVE FORMULA.—For the payment period beginning
October 1, 1994, the amount allocated to a State under this sub-
section for a payment period is the total amount the State would
receive if—
‘‘(1) $1,166,666,667 were allocated among the States on
the basis of population by allocating to each State an amount
bearing the same ratio to the total amount to be allocated
under this paragraph as the population of the State bears
to the population of all States;
‘‘(2) $1,166,666,667 were allocated among the States on
the basis of population inversely weighted for per capita income,
by allocating to each State an amount bearing the same ratio
to the total amount to be allocated under this paragraph as—
‘‘(A) the population of the State, multiplied by a frac-
tion in which—
‘‘(i) the numerator is the per capita income of
all States; and
‘‘(ii) the denominator is the per capita income of
the State; bears to