180
‘‘(3)(A) Except as provided in subparagraph (C), the
general tax effort factor of a unit of general local govern-
ment for a payment period is—
‘‘(i) the adjusted taxes of the unit; divided by
‘‘(ii) the total income attributed to the unit.
‘‘(B) If the amount determined under subparagraphs
(A) (i) and (ii) for a unit of general local government is
less than zero, the general tax effort factor of the unit is
deemed to be zero.
‘‘(C)(i) Except as otherwise provided in this subpara-
graph, the adjusted taxes of a unit of general local govern-
ment are the taxes imposed by the unit for public purposes
(except employee and employer assessments and contribu-
tions to finance retirement and social insurance systems
and other special assessments for capital outlay), as deter-
mined by the Secretary of Commerce for general statistical
purposes and adjusted (under regulations of the Secretary)
to exclude amounts properly allocated to education
expenses.
‘‘(ii) The Secretary shall, for purposes of clause (i),
include that part of sales taxes transferred to a unit of gen-
eral local government that are imposed by a county govern-
ment in the geographic area of which is located the unit
of general local government as taxes imposed by the unit
for public purposes if—
181
‘‘(I) the county government transfers any part of
the revenue from the taxes to the unit of general local
government without specifying the purpose for which
the unit of general local government may expend the
revenue; and
‘‘(II) the chief executive officer of the State noti-
fies the Secretary that the taxes satisfy the require-
ments of this clause.
‘‘(iii) The adjusted taxes of a unit of general local gov-
ernment shall not exceed the maximum allowable adjusted
taxes for that unit.
‘‘(iv) The maximum allowable adjusted taxes for a unit
of general local government is the allowable adjusted taxes
of the unit minus the excess adjusted taxes of the unit.
‘‘(v) The allowable adjusted taxes of a unit of general
government is the greater of—
‘‘(I) the amount equal to 2.5, multiplied by the
per capita adjusted taxes of all units of general local
government of the same type in the State, multiplied
by the population of the unit; or
‘‘(II) the amount equal to the population of the
unit, multiplied by the sum of the adjusted taxes of
all units of municipal local government in the State,
divided by the sum of the populations of all the units
of municipal local government in the State.
182
‘‘(vi) The excess adjusted taxes of a unit of general
local government is the amount equal to—
‘‘(I) the adjusted taxes of the unit, minus
‘‘(II) 1.5 multiplied by the allowable adjusted
taxes of the unit;
except that if this amount is less than zero then the excess
adjusted taxes of the unit is deemed to be zero.
‘‘(vii) For purposes of this subparagraph—
‘‘(I) the term ‘per capita adjusted taxes of all
units of general local government of the same type’
means the sum of the adjusted taxes of all units of
general local government of the same type divided by
the sum of the populations of all units of general local
government of the same type; and
‘‘(II) the term ‘units of general local government
of the same type’ means all townships if the unit of
general local government is a township, all munici-
palities if the unit of general local government is a
municipality, all counties if the unit of general local
government is a county, or all unified city/county
governments if the unit of general local government is
a unified city/county government.
‘‘(4)(A) Except as provided in subparagraph (B), the
income gap of a unit of general local government is—
183
‘‘(i) the number which applies under section
6706, multiplied by the per capita income of the
State in which the unit is located; minus
‘‘(ii) the per capita income of the geographic
area of the unit.
‘‘(B) If the amount determined under subparagraph
(A) for a unit of general local government is less than zero,
then the relative income factor of the unit is deemed to be
zero.
‘‘(c) SMALL GOVERNMENT ALLOCATIONS.—If the Sec-
retary decides that information available for a unit of gen-
eral local government with a population below a number
(of not more than 500) prescribed by the Secretary is inad-
equate, the Secretary may allocate to the unit, in lieu of
any allocation under subsection (b) for a payment period,
an amount bearing the same ratio to the total amount to
be allocated under subsection (b) for the period for all units
of general local government in the State as the population
of the unit bears to the population of all units in the State.
‘‘§ 6706. Income gap multiplier
‘‘For purposes of determining the income gap of a unit
of general local government under section 6705(b)(4)(A), the
number which applies is—
184
‘‘(1) 1.6, with respect to 1⁄2 of any amount allo-
cated under section 6704 to the State in which the
unit is located; and
‘‘(2) 1.2, with respect to the remainder of such
amount.
‘‘§ 6707. State variation of local government alloca-
tions
‘‘(a) STATE FORMULA.—A State government may pro-
vide by law for the allocation of amounts among units of
general local government in the State on the basis of popu-
lation multiplied by the general tax effort factors or income
gaps of the units of general local government determined
under sections 6705 (a) and (b) or a combination of those
factors. A State government providing for a variation of
an allocation formula provided under sections 6705 (a) and
(b) shall notify the Secretary of the variation by the 30th
day before the beginning of the first payment period in
which the variation applies. A variation shall—
‘‘(1) provide for allocating the total amount allo-
cated under sections 6705 (a) and (b);
‘‘(2) apply uniformly in the State; and
‘‘(3) apply only to payment periods beginning
before October 1, 1995.
‘‘(b) CERTIFICATION.—A variation by a State govern-
ment under this section may apply only if the Secretary
185
certifies that the variation complies with this section. The
Secretary may certify a variation only if the Secretary is
notified of the variation at least 30 days before the first
payment period in which the variation applies.
‘‘§ 6708. Adjustments of local government allocations
‘‘(a) MAXIMUM AMOUNT.—The amount allocated to a
unit of general local government for a payment period may
not exceed the adjusted taxes imposed by the unit of general
local government as determined under section 6705(b)(3).
Amounts in excess of adjusted taxes shall be paid to the
Governor of the State in which the unit of local government
is located.
‘‘(b) DE MINIMIS ALLOCATIONS.—If the amount allo-
cated to a unit of general local government (except an In-
dian tribe or an Alaskan native village) for a payment pe-
riod would be less than $5,000 but for this subsection or
is waived by the governing authority of the unit of general
local government, the Secretary shall pay the amount to the
Governor of the State in which the unit is located.
‘‘(c) USE OF PAYMENTS TO STATES.—The Governor
of a State shall use all amounts paid to the Governor under
subsections (a) and (b) for programs described in section
6701(a)(2) in areas of the State where are located the units
of general local government with respect to which amounts
are paid under subsection (b).
186
‘‘§ 6709. Information used in allocation formulas
‘‘(a) USE OF MOST RECENT INFORMATION.—Except
as provided in this section, the Secretary shall use the most
recent available information provided by the Secretary of
Commerce and the Secretary of Labor before the beginning
of the payment period to determine an allocation under this
chapter. If the Secretary decides that the information is not
current or complete enough to provide for a fair allocation,
the Secretary may use additional information (including
information based on estimates) as provided under regula-
tions of the Secretary.
‘‘(b) POPULATION DATA.—(1) The Secretary shall de-
termine population on the same basis that the Secretary
of Commerce determines resident population for general sta-
tistical purposes.
‘‘(2) The Secretary shall request the Secretary of Com-
merce to adjust the population information provided to the
Secretary as soon as practicable to include a reasonable es-
timate of the number of resident individuals not counted
in the 1990 census or revisions of the census. The Secretary
shall use the estimates in determining allocations for the
payment period beginning after the Secretary receives the
estimates. The Secretary shall adjust population informa-
tion to reflect adjustments made under section 118 of the
Act of October 1, 1980 (Public Law 96–369, 94 Stat. 1357).
187
‘‘(c) ADDITIONAL DATA LIMITATIONS.—The Secretary
may not—
‘‘(1) in determining an allocation for a payment
period, use information on tax collections for years
more recent than the years used by the Secretary of
Commerce in the most recent Bureau of the Census
general determination of State and local taxes made
before the beginning of that period; or
‘‘(2) consider a change in information used to
determine an allocation for a period of 60 months if
the change—
‘‘(A) results from a major disaster declared
by the President under section 401 of The Robert
T. Stafford Disaster Relief and Emergency As-
sistance Act; and
‘‘(B) reduces the amount of an allocation.
‘‘§ 6710. Public participation
‘‘(a) HEARINGS.—(1) A unit of general local govern-
ment expending payments under this chapter 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 of the payment to the entire budget. The govern-
189
‘‘(B) publish in at least one newspaper of gen-
eral circulation a notice that the information referred
to in subparagraph (A) is available for inspection.
‘‘(c) WAIVERS OF REQUIREMENTS.—Under regulations
of the Secretary, a requirement—
‘‘(1) under subsection (a)(1) may be waived if
the budget process required under the applicable State
or local law or charter provisions—
‘‘(A) ensures the opportunity for public at-
tendance and participation contemplated by sub-
section (a); and
‘‘(B) includes a hearing on the proposed use
of a payment received under this chapter in rela-
tion to the entire budget of the government; and
‘‘(2) under subsection (b)(1)(B) and paragraph
(2)(B) may be waived if the cost of publishing the in-
formation would be unreasonably burdensome in rela-
tion to the amount allocated to the government from
amounts available for payment under this chapter, or
if publication is otherwise impracticable.
‘‘(d) EXCEPTION TO 10-DAY LIMITATION.—If the Sec-
retary is satisfied that a unit of general local government
will provide adequate notice of the proposed use of a pay-
ment received under this chapter, the 10-day period under
190
subsection (b)(1) may be changed to the extent necessary
to comply with applicable State or local law.
‘‘(e) APPLICATION TO GOVERNMENTS WITHOUT BUDG-
ETS.—The Secretary shall prescribe regulations for apply-
ing this section to units of general local government that
do not adopt budgets.
‘‘§ 6711. Prohibited discrimination
‘‘(a) GENERAL PROHIBITION.—No person in the Unit-
ed States shall be excluded from participating in, be denied
the benefits of, or be subject to discrimination under, a pro-
gram or activity of a unit of general local government be-
cause of race, color, national origin, or sex if the govern-
ment receives a payment under this chapter.
‘‘(b) ADDITIONAL PROHIBITIONS.—The following pro-
hibitions and exemptions also apply to a program or activ-
ity of a unit of general local government if the government
receives a payment under this chapter:
‘‘(1) A prohibition against discrimination be-
cause of age under the Age Discrimination Act of
1975.
‘‘(2) 
A 
prohibition 
against 
discrimination
against an otherwise qualified handicapped individ-
ual under section 504 of the Rehabilitation Act of
1973.
191
‘‘(3) A prohibition against discrimination be-
cause of religion, or an exemption from that prohibi-
tion, under the Civil Rights Act of 1964 or title VIII
of the Act of April 11, 1968 (popularly known as the
Civil Rights Act of 1968).
‘‘(c) LIMITATIONS
ON APPLICABILITY
OF PROHIBI-
TIONS.—Subsections (a) and (b) do not apply if the govern-
ment shows, by clear and convincing evidence, that a pay-
ment received under this chapter is not used to pay for any
part of the program or activity with respect to which the
allegation of discrimination is made.
‘‘(d) INVESTIGATION AGREEMENTS.—The Secretary
shall try to make agreements with heads of agencies of the
United States Government and State agencies to investigate
noncompliance with this section. An agreement shall—
‘‘(1) describe the cooperative efforts to be taken
(including sharing civil rights enforcement personnel
and resources) to obtain compliance with this section;
and
‘‘(2) provide for notifying immediately the Sec-
retary of actions brought by the United States Gov-
ernment or State agencies against a unit of general
local government alleging a violation of a civil rights
law or a regulation prescribed under a civil rights
law.
192
‘‘§ 6712. Discrimination proceedings
‘‘(a) NOTICE OF NONCOMPLIANCE.—By the 10th day
after the Secretary makes a finding of discrimination or
receives a holding of discrimination about a unit of general
local government, the Secretary shall submit a notice of
noncompliance to the government. The notice shall state the
basis of the finding or holding.
‘‘(b) INFORMAL PRESENTATION
OF EVIDENCE.—A
unit of general local government may present evidence in-
formally to the Secretary within 30 days after the govern-
ment receives a notice of noncompliance from the Secretary.
Except as provided in subsection (e), the government may
present evidence on whether—
‘‘(1) a person in the United States has been ex-
cluded or denied benefits of, or discriminated against
under, the program or activity of the government, in
violation of section 6711(a);
‘‘(2) the program or activity of the government
violated a prohibition described in section 6711(b);
and
‘‘(3) any part of that program or activity has
been paid for with a payment received under this
chapter.
‘‘(c) TEMPORARY SUSPENSION OF PAYMENTS.—By the
end of the 30-day period under subsection (b), the Secretary
shall decide whether the unit of general local government
193
has not complied with section 6711 (a) or (b), unless the
government has entered into a compliance agreement under
section 6714. If the Secretary decides that the government
has not complied, the Secretary shall notify the government
of the decision and shall suspend payments to the govern-
ment under this chapter unless, within 10 days after the
government receives notice of the decision, the government—
‘‘(1) enters into a compliance agreement under
section 6714; or
‘‘(2) requests a proceeding under subsection
(d)(1).
‘‘(d) ADMINISTRATIVE REVIEW OF SUSPENSIONS.—(1)
A proceeding requested under subsection (c)(2) shall begin
by the 30th day after the Secretary receives a request for
the proceeding. The proceeding shall be before an adminis-
trative law judge appointed under section 3105 of title 5,
United States Code. By the 30th day after the beginning
of the proceeding, the judge shall issue a preliminary deci-
sion based on the record at the time on whether the unit
of general local government is likely to prevail in showing
compliance with section 6711 (a) or (b).
‘‘(2) If the administrative law judge decides at the end
of a proceeding under paragraph (1) that the unit of general
local government has—
194
‘‘(A) not complied with section 6711 (a) or (b),
the judge may order payments to the government
under this chapter terminated; or
‘‘(B) complied with section 6711 (a) or (b), a
suspension under section 6713(a)(1)(A) shall be dis-
continued promptly.
‘‘(3) An administrative law judge may not issue a pre-
liminary decision that the government is not likely to pre-
vail if the judge has issued a decision described in para-
graph (2)(A).
‘‘(e) BASIS FOR REVIEW.—In a proceeding under sub-
sections (b) through (d) on a program or activity of a unit
of general local government about which a holding of dis-
crimination has been made, the Secretary or administrative
law judge may consider only whether a payment under this
chapter was used to pay for any part of the program or
activity. The holding of discrimination is conclusive. If the
holding is reversed by an appellate court, the Secretary or
judge shall end the proceeding.
‘‘§ 6713. Suspension and termination of payments in
discrimination proceedings
‘‘(a) IMPOSITION
AND CONTINUATION
OF SUSPEN-
SIONS.—(1) The Secretary shall suspend payment under
this chapter to a unit of general local government—
195
‘‘(A) if an administrative law judge appointed
under section 3105 of title 5, United States Code, is-
sues a preliminary decision in a proceeding under
section 6712(d)(1) that the government is not likely to
prevail in showing compliance with section 6711 (a)
and (b);
‘‘(B) if the administrative law judge decides at
the end of the proceeding that the government has not
complied with section 6711 (a) or (b), unless the gov-
ernment makes a compliance agreement under section
6714 by the 30th day after the decision; or
‘‘(C) if required under section 6712(c).
‘‘(2) A suspension already ordered under paragraph
(1)(A) continues in effect if the administrative law judge
makes a decision under paragraph (1)(B).
‘‘(b) LIFTING OF SUSPENSIONS AND TERMINATIONS.—
If a holding of discrimination is reversed by an appellate
court, a suspension or termination of payments in a pro-
ceeding based on the holding shall be discontinued.
‘‘(c) RESUMPTION
OF PAYMENTS UPON ATTAINING
COMPLIANCE.—The Secretary may resume payment to a
unit of general local government of payments suspended by
the Secretary only—
‘‘(1) as of the time of, and under the conditions
stated in—
196
‘‘(A) the approval by the Secretary of a
compliance agreement under section 6714(a)(1);
or
‘‘(B) a compliance agreement entered into
by the Secretary under section 6714(a)(2);
‘‘(2) if the government complies completely with
an order of a United States court, a State court, or
administrative law judge that covers all matters
raised in a notice of noncompliance submitted by the
Secretary under section 6712(a);
‘‘(3) if a United States court, a State court, or
an administrative law judge decides (including a
judge in a proceeding under section 6712(d)(1)), that
the government has complied with sections 6711 (a)
and (b); or
‘‘(4) if a suspension is discontinued under sub-
section (b).
‘‘(d) PAYMENT OF DAMAGES AS COMPLIANCE.—For
purposes of subsection (c)(2), compliance by a government
may consist of the payment of restitution to a person in-
jured because the government did not comply with section
6711 (a) or (b).
‘‘(e) RESUMPTION OF PAYMENTS UPON REVERSAL BY
COURT.—The Secretary may resume payment to a unit of
general local government of payments terminated under sec-
197
tion 6712(d)(2)(A) only if the decision resulting in the ter-
mination is reversed by an appellate court.
‘‘§ 6714. Compliance agreements
‘‘(a) TYPES OF COMPLIANCE AGREEMENTS.—A com-
pliance agreement is an agreement—
‘‘(1) approved by the Secretary, between the gov-
ernmental authority responsible for prosecuting a
claim or complaint that is the basis of a holding of
discrimination and the chief executive officer of the
unit of general local government that has not com-
plied with section 6711 (a) or (b); or
‘‘(2) between the Secretary and the chief execu-
tive officer.
‘‘(b) CONTENTS
OF
AGREEMENTS.—A compliance
agreement—
‘‘(1) shall state the conditions the unit of general
local government has agreed to comply with that
would satisfy the obligations of the government under
sections 6711 (a) and (b);
‘‘(2) shall cover each matter that has been found
not to comply, or would not comply, with section
6711 (a) or (b); and
‘‘(3) may be a series of agreements that dispose
of those matters.
198
‘‘(c) AVAILABILITY OF AGREEMENTS TO PARTIES.—
The Secretary shall submit a copy of a compliance agree-
ment to each person who filed a complaint referred to in
section 6716(b), or, if an agreement under subsection (a)(1),
each person who filed a complaint with a governmental au-
thority, about a failure to comply with section 6711 (a)
or (b). The Secretary shall submit the copy by the 15th day
after an agreement is made. However, if the Secretary ap-
proves an agreement under subsection (a)(1) after the agree-
ment is made, the Secretary may submit the copy by the
15th day after approval of the agreement.
‘‘§ 6715. Enforcement by the Attorney General of prohi-
bitions on discrimination
‘‘The Attorney General may bring a civil action in an
appropriate district court of the United States against a
unit of general local government that the Attorney General
has reason to believe has engaged or is engaging in a pat-
tern or practice in violation of section 6711 (a) or (b). The
court may grant—
‘‘(1) a temporary restraining order;
‘‘(2) an injunction; or
‘‘(3) an appropriate order to ensure enjoyment of
rights under section 6711 (a) or (b), including an
order suspending, terminating, or requiring repay-
ment of, payments under this chapter or placing ad-
199
ditional payments under this chapter in escrow pend-
ing the outcome of the action.
‘‘§ 6716. Civil action by a person adversely affected
‘‘(a) AUTHORITY FOR PRIVATE SUITS IN FEDERAL OR
STATE COURT.—If a unit of general local government, or
an officer or employee of a unit of general local government
acting in an official capacity, engages in a practice prohib-
ited by this chapter, a person adversely affected by the prac-
tice may bring a civil action in an appropriate district
court of the United States or a State court of general juris-
diction. Before bringing an action under this section, the
person must exhaust administrative remedies under sub-
section (b).
‘‘(b) ADMINISTRATIVE REMEDIES REQUIRED TO BE
EXHAUSTED.—A person adversely affected shall file an ad-
ministrative complaint with the Secretary or the head of
another agency of the United States Government or the
State agency with which the Secretary has an agreement
under section 6711(d). Administrative remedies are deemed
to be exhausted by the person after the 90th day after the
complaint was filed if the Secretary, the head of the Govern-
ment agency, or the State agency—
‘‘(1) issues a decision that the government has
not failed to comply with this chapter; or
‘‘(2) does not issue a decision on the complaint.
200
‘‘(c) AUTHORITY OF COURT.—In an action under this
section, the court—
‘‘(1) may grant—
‘‘(A) a temporary restraining order;
‘‘(B) an injunction; or
‘‘(C) another order, including suspension,
termination, or repayment of, payments under
this chapter or placement of additional pay-
ments under this chapter in escrow pending the
outcome of the action; and
‘‘(2) to enforce compliance with section 6711 (a)
or (b), may allow a prevailing party (except the
United States Government) a reasonable attorney’s
fee.
‘‘(d) INTERVENTION BY ATTORNEY GENERAL.—In an
action under this section to enforce compliance with section
6711 (a) or (b), the Attorney General may intervene in the
action if the Attorney General certifies that the action is
of general public importance. The United States Govern-
ment is entitled to the same relief as if the Government had
brought the action and is liable for the same fees and costs
as a private person.
‘‘§ 6717. Judicial review
‘‘(a) APPEALS IN FEDERAL COURT OF APPEALS.—A
unit of general local government which receives notice from
201
the Secretary about withholding payments under section
6703(c), suspending payments under section 6713(a)(1)(B),
or terminating payments under section 6712(d)(2)(A), may
apply for review of the action of the Secretary by filing
a petition for review with the court of appeals of the United
States for the circuit in which the government is located.
The petition shall be filed by the 60th day after the date
the notice is received. The clerk of the court shall imme-
diately send a copy of the petition to the Secretary.
‘‘(b) FILING OF RECORD OF ADMINISTRATIVE PRO-
CEEDING.—The Secretary shall file with the court a record
of the proceeding on which the Secretary based the action.
The court may consider only objections to the action of the
Secretary that were presented before the Secretary.
‘‘(c) COURT ACTION.—The court may affirm, change,
or set aside any part of the action of the Secretary. The
findings of fact by the Secretary are conclusive if supported
by substantial evidence in the record. If a finding is not
supported by substantial evidence in the record, the court
may remand the case to the Secretary to take additional
evidence. Upon such a remand, the Secretary may make
new or modified findings and shall certify additional pro-
ceedings to the court.
‘‘(d) REVIEW ONLY BY SUPREME COURT.—A judgment
of a court under this section may be reviewed only by the
202
Supreme Court under section 1254 of title 28, United States
Code.
‘‘§ 6718. Audits, investigations, and reviews
‘‘(a) INDEPENDENT AUDIT.—(1) Except as provided in
this section, a unit of general local government that receives
a payment under this chapter shall have an independent
audit made of the financial statements of the government
at least as often as is required by paragraph (2) to deter-
mine compliance with this chapter. The audit shall be car-
ried out under generally accepted government auditing
standards issued by the Comptroller General of the United
States.
‘‘(2) Paragraph (1) does not apply to a unit of general
local government for a fiscal year in which the government
receives less than $25,000 under this chapter. A unit of gen-
eral local government which receives at least $25,000 but
not more than $100,000 under this chapter for a fiscal year
shall have an audit made in accordance with paragraph
(1) at least once every 3 years. A government which receives
more than $100,000 under this chapter for a fiscal year
shall have an audit made in accordance with paragraph
(1) for such fiscal year, except that, if the government oper-
ates on a biennial fiscal period, such audit may be made
biennially but shall cover the financial statement or state-
203
ments for, and compliance with the requirements of the
chapter during, both years within such period.
‘‘(3) An audit of financial statements of a unit of gen-
eral local government carried out under another law of the
United States for a fiscal year is deemed to be in compli-
ance with paragraph (1) for that year if the audit substan-
tially complies with the requirements of paragraph (1).
‘‘(b) WAIVER BY LOCAL GOVERNMENT.—A unit of gen-
eral local government may waive application of subsection
(a)(1) if—
‘‘(1) the financial statements of the government
are audited by independent auditors under State or
local law at least as often as would be required by
subsection (a)(2);
‘‘(2) the government certifies that the audit is
carried out under generally accepted auditing stand-
ards issued by the Comptroller General of the United
States;
‘‘(3) the auditing provisions of the State or local
law are applicable to the payment period to which the
waiver applies; and
‘‘(4) the government submits to the Secretary a
brief description of the auditing standards used under
the relevant State or local law and specification of the
payment period to which the waiver applies.
204
‘‘(c) WAIVER BY SECRETARY.—Under regulations of
the Secretary, the Secretary may waive any requirement
under subsection (a)(1) or (b) for a unit of general local
government for a fiscal year if the Secretary decides that
the financial statements of the government for the year—
‘‘(1) cannot be audited, and the government
shows substantial progress in making the statements
auditable; or
‘‘(2) have been audited by a State agency that
does not follow generally accepted auditing standards
issued by the Comptroller General of the United
States or that is not independent, and the State agen-
cy shows progress in meeting those auditing stand-
ards or in becoming independent.
‘‘(d) SERIES OF AUDITS.—A series of audits carried
out over a period of not more than 3 years covering the
total amount in the financial accounts of a unit of general
local government is deemed to be a single audit under sub-
sections (a)(1) and (b) of this section.
‘‘(e) AUDIT OPINION.—An opinion of an audit carried
out under this section shall be provided to the Secretary
in the form and at times required by the Secretary. No later
than 30 days following the completion of the audit, the unit
of general local government shall make the audit report
available for public inspection.
205
‘‘(f) INVESTIGATIONS BY SECRETARY.—(1) The Sec-
retary shall maintain regulations providing reasonable and
specific time limits for the Secretary to—
‘‘(A) carry out an investigation and make a
finding after receiving a complaint referred to in sec-
tion 6716(b), a determination by a State or local ad-
ministrative agency, or other information about a
possible violation of this chapter;
‘‘(B) carry out audits and reviews (including in-
vestigations of allegations) about possible violations of
this chapter; and
‘‘(C) advise a complainant of the status of an
audit, investigation, or review of an allegation by the
complainant of a violation of section 6711 (a) or (b)
or other provision of this chapter.
‘‘(2) The maximum time limit under paragraph
(1)(A) is 90 days.
‘‘(g) REVIEWS
BY
COMPTROLLER
GENERAL.—The
Comptroller General of the United States shall carry out
reviews of the activities of the Secretary, State governments,
and units of general local government necessary for the Con-
gress to evaluate compliance and operations under this
chapter.
206
‘‘§ 6719. Reports
‘‘(a) REPORTS BY SECRETARY OF TREASURY TO CON-
GRESS.—Before June 2 of each year, the Secretary person-
ally shall report to the Congress on—
‘‘(1) the status and operation of the Local Gov-
ernment Fiscal Assistance Fund during the prior fis-
cal year; and
‘‘(2) the administration of this chapter, includ-
ing a complete and detailed analysis of—
‘‘(A) actions taken to comply with sections
6711 through 6715, including a description of
the kind and extent of noncompliance and the
status of pending complaints;
‘‘(B) the extent to which units of general
local government receiving payments under this
chapter have complied with sections 6702 and
6718 (a), (b), and (d), including a description of
the kind and extent of noncompliance and ac-
tions taken to ensure the independence of audits
conducted under subsections (a), (b), and (d) of
section 6718;
‘‘(C) the way in which payments under this
chapter have been distributed in the jurisdictions
receiving payments; and
207
‘‘(D) significant problems in carrying out
this chapter and recommendations for legislation
to remedy the problems.
‘‘(b) REPORTS BY UNITS OF GENERAL LOCAL GOVERN-
MENT TO SECRETARY OF TREASURY.—(1) At the end of
each fiscal year, each unit of general local government
which received a payment under this chapter for the fiscal
year shall submit a report to the Secretary. The report shall
be submitted in the form and at a time prescribed by the
Secretary and shall be available to the public for inspection.
The report shall state—
‘‘(A) the amounts and purposes for which the
payment has been appropriated, expended, or obli-
gated in the fiscal year;
‘‘(B) the relationship of the payment to the rel-
evant functional items in the budget of the govern-
ment; and
‘‘(C) the differences between the actual and pro-
posed use of the payment.
‘‘(2) The Secretary shall provide a copy of a report
submitted under paragraph (1) by a unit of general local
government to the chief executive officer of the State in
which the government is located. The Secretary shall pro-
vide the report in the manner and form prescribed by the
Secretary.
208
‘‘(c) REGULATIONS.—The Secretary shall prescribe
regulations for applying this section to units of general
local government that do not adopt budgets.
‘‘§ 6720. Definitions and application
‘‘(a) DEFINITIONS.—In this chapter—
‘‘(1) ‘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 deter-
mined by the Secretary of Commerce for general
statistical purposes; and
‘‘(B) the District of Columbia and the rec-
ognized governing body of an Indian tribe or
Alaskan Native village that carries out substan-
tial governmental duties and powers;
‘‘(2) ‘payment period’ means each 1-year period
beginning on October 1 of 1994 and 1995;
‘‘(3) ‘State and local taxes’ means taxes imposed
by a State government or unit of general local govern-
ment or other political subdivision of a State govern-
ment for public purposes (except employee and em-
ployer assessments and contributions to finance re-
tirement and social insurance systems and other spe-
cial assessments for capital outlay) as determined by
209
the Secretary of Commerce for general statistical pur-
poses;
‘‘(4) ‘State’ means any of the several States and
the District of Columbia;
‘‘(5) ‘income’ means the total money income re-
ceived from all sources as determined by the Secretary
of Commerce for general statistical purposes;
‘‘(6) ‘per capita income’ means—
‘‘(A) in the case of the United States, the
income of the United States divided by the popu-
lation of the United States;
‘‘(B) in the case of a State, the income of
that State, divided by the population of that
State; and
‘‘(C) in the case of a unit of general local
government, the income of that unit of general
local government divided by the population of
the unit of general local government;
‘‘(7) ‘finding of discrimination’ means a decision
by the Secretary about a complaint described in sec-
tion 6716(b), a decision by a State or local adminis-
trative agency, or other information (under regula-
tions prescribed by the Secretary) that it is more like-
ly than not that a unit of general local government
has not complied with section 6711 (a) or (b);
210
‘‘(8) ‘holding of discrimination’ means a holding
by a United States court, a State court, or an admin-
istrative law judge appointed under section 3105 of
title 5, United States Code, that a unit of general
local government expending amounts received under
this chapter has—
‘‘(A) excluded a person in the United States
from participating in, denied the person the ben-
efits of, or subjected the person to discrimination
under, a program or activity because of race,
color, national origin, or sex; or
‘‘(B) violated a prohibition against dis-
crimination described in section 6711(b); and
‘‘(9) ‘Secretary’ means the Secretary of the
Treasury.
‘‘(b) TREATMENT OF SUBSUMED AREAS.—If the entire
geographic area of a unit of general local government is
located in a larger entity, the unit of general local govern-
ment is deemed to be located in the larger entity. If only
part of the geographic area of a unit is located in a larger
entity, each part is deemed to be located in the larger entity
and to be a separate unit of general local government in
determining allocations under this chapter. Except as pro-
vided in regulations prescribed by the Secretary, the Sec-
retary shall make all data computations based on the ratio
211
of the estimated population of the part to the population
of the entire unit of general local government.
‘‘(c) BOUNDARY AND OTHER CHANGES.—If a bound-
ary line change, a State statutory or constitutional change,
annexation, a governmental reorganization, or other cir-
cumstance results in the application of sections 6704
through 6708 in a way that does not carry out the purposes
of sections 6701 through 6708, the Secretary shall apply
sections 6701 through 6708 under regulations of the Sec-
retary in a way that is consistent with those purposes.’’.
(b) DEFICIT NEUTRALITY.—Any appropriation to
carry out the amendment made by this subtitle to title 31,
United States Code, for fiscal year 1995 or 1996 shall be
offset by cuts elsewhere in appropriations for that fiscal
year.
SEC. 1076. CLERICAL AMENDMENT.
The table of chapters at the beginning of subtitle V of
title 31, United States Code, is amended by adding after
the item relating to chapter 65 the following:
‘‘67. FEDERAL PAYMENTS .......................................................................... 6701’’.
Subtitle J—Youth Employment and
Skills Crime Prevention
SEC. 1081. STATEMENT OF PURPOSE.
(a) PURPOSE.—The purpose of this subtitle is to re-
duce crime in neighborhoods with high incidences of crime
and poverty through intensive programs that provide em-
212
ployment opportunities for young adults in those neighbor-
hoods.
(b) DEFINITION.—As used in this subtitle, ‘‘high crime
area’’ means an area with severe crime problems, including
a high incidence of violent crime or drug trafficking.
SEC. 1082. PROGRAM AUTHORIZED.
The Secretary of Labor in conjunction with the Attor-
ney General and the Secretary of Housing and Urban De-
velopment, and in consultation with appropriate other Fed-
eral officials, may make grants to local governments to fund
targeted youth employment and skills development projects
to help reduce crime in target areas as defined in section
1083.
SEC. 1083. PROGRAM TARGET AREA.
The target area or areas of each grant shall be neigh-
borhoods which are high crime areas with high unemploy-
ment among young adults and other serious economic and
social problems.
SEC. 1084. PARTICIPANTS.
(a) ELIGIBLE POPULATION.—Young adults residing or
attending school in the target area shall be eligible to par-
ticipate in programs funded under this subtitle if they are
between 16 and 25 years of age. In certain circumstances,
as determined by the Attorney General and the Secretaries
of Labor and Housing and Urban Development (referred
213
to in this subtitle as the ‘‘Secretaries’’), young adults up
to age 30 and youths of age 14 or 15 may also be eligible
to participate.
(b) RESPONSIBLE BEHAVIOR BY PARTICIPANTS.—Con-
tinued participation in a program under this subtitle shall
be conditioned, during participation in the program, on the
following:
(1) Avoiding crime, including illegal drug use.
(2) Regular attendance and satisfactory perform-
ance at work.
(3) Paying child support when paternity has
been established and the participant has an income.
(4) In-school young adults in high school re-
maining in school until graduation.
(5) Requiring young adults ages 16–17 who have
dropped out of high school and who have not obtained
a General Equivalency Diploma (GED) to return to
school or an alternative education program.
SEC. 1085. ALLOWABLE ACTIVITIES.
(a) EXPENDITURE OF FUNDS.—Funds awarded under
this subtitle shall be expended only for crime prevention re-
lated activities undertaken to carry out an approved appli-
cation, such as—
(1) apprenticeship programs linking work and
learning;
214
(2) on-the-job training in the private sector;
(3) youth conservation and service corps;
(4) programs emphasizing neighborhood infra-
structure, such as YouthBuild and employment of
public housing residents;
(5) work experience in private nonprofit organi-
zations and public agencies;
(6) entrepreneurial and microenterprise develop-
ment;
(7) crime prevention and security measures for
profit and not-for-profit businesses employing sub-
stantial numbers of youth from high crime areas;
(8) transportation links to jobs in the labor mar-
ket area;
(9) initiatives to increase the educational attain-
ment, occupational skills, and career aspirations of
target area young adults, including work-based learn-
ing; and
(10) job placement and related case management,
followup, and other supportive services.
(b) WORK EXPERIENCE PROGRAMS.—Work experience
programs funded under this subtitle shall—
(1) pay wages in accordance with the Fair
Labor Standards Act and relevant State law;
215
(2) include adequate supervision, equipment, and
materials and supplies to accomplish useful work
projects;
(3) include a private sector job development com-
ponent to facilitate the transition of participants to
private sector jobs, which shall include developing
portfolios of skill attainment, mentorship opportuni-
ties, and other efforts to increase job networks for par-
ticipants; and
(4) include an extensive job placement compo-
nent.
(c) 2-YEAR LIMITATION.—The combination of all sub-
sidized employment for a participant shall not exceed 2
years.
SEC. 1086. APPLICATION FOR GRANTS.
(a) APPLICATION PLAN.—To be eligible to receive a
grant under this subtitle, a chief local elected official, with
the timely review and comment of the Governor, shall apply
to the Secretary of Labor for a Youth Employment and
Skills Crime Prevention grant by submitting an applica-
tion that contains a plan for reducing crime by substan-
tially increasing the employment levels of young adults in
the target area. Such a plan shall—
(1) describe the measurable outcomes that will be
used to evaluate the local success of the program, in-
216
cluding reduced crime and substance abuse, increased
private sector employment, reduced school dropout
rates, and increased educational attainment;
(2) specify the organization that will administer
the program;
(3) describe the specific employment programs
that will be offered by the program;
(4) describe the public/private partnership that
will promote collaboration between the State and local
governments, private sector, public housing authori-
ties, local residents, community-based organizations,
and nonprofit organizations, including linkage with
community policing, gang prevention activities, and
juvenile justice or delinquency prevention initiatives;
(5) specify how the public and private sectors
will work together to assist youths and young adults
to 
make 
the 
transition 
from 
subsidized 
to
unsubsidized jobs;
(6) describe how links to jobs throughout the
labor market area will be provided;
(7) specify the manner in which the job network
for youths and young adults will be expanded by
mentors and other programs; and
(8) such other information as the Secretary of
Labor in conjunction with the Attorney General and
217
Secretary of Housing and Urban Development may
require.
(b) COORDINATION WITH OTHER FEDERAL PRO-
GRAMS.—The application must demonstrate that the pro-
posed Youth Employment and Skills Crime Prevention pro-
gram will build upon and be coordinated with other Federal
initiatives relating to such matters as crime control and
prevention, youth employment, education, economic devel-
opment, community service, or social services.
(c) LEVERAGING AND LINKAGES.—As a condition of
a grant award, local areas shall establish linkages with the
local private sector, local employment and job training pro-
grams, and other appropriate entities to enhance the provi-
sion of services under this subtitle. Such activities may in-
clude leveraging by and linkages with—
(1) the local private sector to—
(A) develop a mentoring program to im-
prove the job network for young adults in the
target area;
(B) develop a specified number of career-
track jobs for young adults graduating from high
school and college in the target area;
(C) develop part-time jobs to support young
adults while they are receiving job training, or
secondary or post-secondary education; and
218
(D) develop apprenticeship programs with
unions that provide matching funds to create
training and employment opportunities;
(2) the local service delivery area under the Job
Training Partnership Act to identify funds—
(A) for on-the-job training and work-based
training programs, based on successful program
models, for residents of the target area;
(B) to develop a summer jobs program for
in-school young adults residing in the target
area;
(C) for new youth initiatives in the target
area; and
(D) for child care and supportive services;
(3) local programs to provide employment serv-
ices and supportive services, such as transportation
service to link target area residents to jobs in the
labor market area; and
(4) the local educational agency to provide ac-
tivities that will support the program and assist in
achieving the goals specified in the application.
SEC. 1087. AWARD PRIORITIES.
In evaluating the applications submitted under this
subtitle, the Secretaries and the Attorney General shall give
priority to applications that—
219
(1) demonstrate extensive community support
and linkages to crime prevention programs and em-
ployment related programs;
(2) target areas that include public and assisted
housing projects;
(3) demonstrate evidence of severe social and eco-
nomic problems;
(4) demonstrate the highest quality program de-
sign, implementation plan, and goals to be achieved;
and
(5) include other Federal and non-Federal fund-
ing, including State, local, or private resources.
SEC. 1088. GRANT DURATION AND NUMBER.
(a) DURATION OF GRANTS.—Grants shall be for 1
year, and renewable for each of the 4 succeeding years.
(b) NUMBER OF GRANTS.—There shall be no more than
10 grants awarded under this subtitle.
SEC. 1089. FEDERAL RESPONSIBILITIES.
(a) IN GENERAL.—The Secretary of Labor in conjunc-
tion with the Attorney General and the Secretary of Hous-
ing and Urban Development shall establish a system of per-
formance measures for assessing programs established pur-
suant to this subtitle.
(b) EVALUATION.—The Secretary of Labor in conjunc-
tion with the Attorney General and the Secretary of Hous-
220
ing and Urban Development shall conduct a rigorous na-
tional evaluation of Youth Employment and Skills Crime
Prevention programs funded under this subtitle that will
track and assess the effectiveness of those programs, and in-
clude an evaluation of the extent to which such programs
reduce crime and substance abuse, enhance the employment
and earnings of participants, promote entrepreneurship, re-
duce dropout rates, and increase educational attainment.
The evaluation may include cost-benefit analyses and shall
utilize sound statistical methods and techniques.
(c) TECHNICAL ASSISTANCE.—The Secretary of Labor
in conjunction with the Attorney General and the Secretary
of Housing and Urban Development may provide appro-
priate technical assistance to carry out Youth Employment
and Skills Crime Prevention programs under this subtitle.
(d) ADMINISTRATION.—The technical assistance and
evaluations authorized by this section may be carried out
directly by the Secretary of Labor or through grants, con-
tracts, or other cooperative arrangements with the Attorney
General, the Secretary of Housing and Urban Development,
or other entities or agencies.
SEC. 1090. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION.—There are authorized to be ap-
propriated to the Secretary of Labor $75,000,000 for fiscal
year 1995, $100,000,000 for fiscal year 1996, $110,000,000
221
for fiscal year 1997, $115,000,000 for fiscal year 1998, and
$125,000,000 for fiscal year 1999 to carry out this subtitle.
(b) AVAILABILITY OF FUNDS.—Funds appropriated
pursuant to this section are authorized to remain available
for obligation until expended.
(c) EVALUATIONS AND TECHNICAL ASSISTANCE.—Of
the amounts appropriated under subsection (a) for a fiscal
year, the Secretary of Labor in conjunction with the Attor-
ney General and the Secretary of Housing and Urban De-
velopment may reserve not more than 5 percent of such
amounts for each fiscal year to carry out evaluations and
technical assistance.
SEC. 1091. SANCTIONS.
The Secretary of Labor may terminate or suspend fi-
nancial assistance, in whole or in part, to a recipient or
refuse to extend a grant for a recipient, if the Secretary
of Labor in conjunction with the Attorney General and the
Secretary of Housing and Urban Development determines
that the recipient has failed to meet the requirements of this
subtitle, or any regulations or guidelines under this subtitle,
or any approved application submitted pursuant to this
subtitle.
222
SEC. 1092. LABOR STANDARDS.
Labor standards under the Job Training Partnership
Act (29 U.S.C. 1553) shall apply to programs under this
subtitle.
SEC. 1093. REGULATIONS OR GUIDELINES.
The Secretary of Labor in conjunction with the Attor-
ney General and the Secretary of Housing and Urban De-
velopment shall issue such regulations or guidelines as may
be necessary to carry out the purposes of this subtitle.
SEC. 1094. WAIVERS.
The Secretary of Labor in conjunction with the Attor-
ney General and the Secretary of Housing and Urban De-
velopment may prescribe regulations or guidelines that es-
tablish criteria for waiver of application requirements of
programs to the extent that they duplicate or conflict with
the requirements specified in similar laws.
SEC. 1095. PROHIBITION ON PRIVATE RIGHTS OF ACTION.
Nothing in this subtitle shall be construed to establish
a right for any person to bring an action to obtain services
under this subtitle.
SEC. 1096. ACCEPTANCE OF GIFTS, AND OTHER MATTERS.
The Secretaries and Attorney General are authorized,
in carrying out this subtitle, to accept, purchase, or lease
in the name of the Department of Justice or the Department
of Labor or the Department of Housing and Urban Develop-
ment, and employ or dispose of in furtherance of the pur-
223
poses of this subtitle, any money or property, real, personal,
or mixed, tangible or intangible, received by gift, devise,
bequest, or otherwise, and to accept voluntary and uncom-
pensated services notwithstanding the provisions of section
1342 of title 31, United States Code.
Subtitle K—Miscellaneous
SEC. 1098. MULTIJURISDICTIONAL GANG TASK FORCES.
Section 504(f) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is amended by inserting ‘‘vic-
tims assistance programs, or multijurisdictional gang task
forces’’ after ‘‘drug task forces’’.
SEC. 1098A. EXTENSION OF BYRNE GRANT FUNDING.
There are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 1995, 1996,
1997, 1998, and 1999, to carry out the programs under
parts D and E of title I of the Omnibus Crime Control
and Safe Streets Act of 1968.
SEC. 1098B. BENEFITS FOR CHAPLAINS.
(a) IN GENERAL.—Section 1204 of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended—
(1) by redesignating paragraphs (2) through (7)
as (3) through (8), respectively;
(2) by inserting after paragraph (1) the follow-
ing:
224
‘‘(2) chaplain means any individual serving as
an officially recognized or designated member of a le-
gally organized volunteer fire department or legally
organized police department, or an officially recog-
nized public employee of a legally organized fire or
police department who was responding to a fire, res-
cue, or police emergency.’’; and
(3) in paragraph (8), as redesignated by para-
graph (1) of this Act, by striking ‘‘or rescue squad or
ambulance crew’’ and inserting ‘‘rescue squad or am-
bulance crew, or chaplain’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of enactment of this
Act and shall apply to injuries or deaths that occur in the
line of duty on or after such date.
Subtitle L—Hope in Youth Program
SEC. 1099A. FINDINGS.
The Congress finds the following:
(1) Larger cities around the country, particu-
larly those involved in empowerment zones, are at-
tempting to empower low-income and ethnic minority
communities.
(2) Programs that involve local government and
local community leaders and which include signifi-
cant participation by service providers, service par-
225
ticipants, and service funders, as equal partners in
the design and direction of a myriad of social service
support programs have been among the most effective
demonstration models.
(3) 
Programs 
that 
attempt 
to 
link
disenfranchised and disconnected citizens through an
umbrella organization that provides guidance to pub-
lic and private service providers have proven to be an
effective strategy for empowering local low-income
communities.
(4) Families in low-income communities have
not attained their full potential as productive citi-
zens, and Federal efforts thus far, have been insuffi-
cient to assist them in fully realizing that potential.
SEC. 1099B. PROGRAM AUTHORITY.
The Secretary of Health and Human Services (in this
subtitle referred to as the ‘‘Secretary’’) may make grants
to eligible may make grants to eligible service providers in
one or more political subdivisions of a State containing an
area designated as an empowerment zone, as authorized
under the Omnibus Budget Reconciliation Act of 1993
(Public Law 103–66), that have submitted an approved
plan to establish advisory organizations in low-income com-
munities within the political subdivision containing an
empowerment zone which will serve as umbrella agencies
226
for strategic planning and evaluation of service programs
serving the low-income communities in which the advisory
organization operates.
SEC. 1099C. PROGRAM REQUIREMENTS.
Each advisory organization established as described in
section 1099B shall—
(1) provide a permanent multi-issue forum for
public policy discussion which will serve as part of
a stable infrastructure of community outreach and
support,
(2) develop a mechanism by which local support
service providers may be evaluated and assessed in
the level of service they provide to the community,
and which establishes a method for advisory organiza-
tion participants to review and participate in efforts
to maintain or increase the quality of services pro-
vided by such providers,
(3) create an Family Outreach Team approach
which provides a youth worker, a parent worker, and
a school-parent organizer to provide training in out-
reach, mentoring, community organizing and peer
counseling and mentoring to locally recruited volun-
teers in a particular area. The Family Outreach
Team assists such volunteers in outreach, development
227
and coordination of service delivery from among the
service providers in the area, including the schools,
(4) establish processes by which local public
agencies can effectively involve the private sector in
the provision of services that meet the needs of local
communities,
(5) establish processes of coalition building in
which diverse groups within low-income communities
attempt to work cooperatively to meet the collective
needs of low-income communities, and
(6) create a training program to foster commu-
nity-based leadership in low-income communities.
SEC. 1099D. ELIGIBLE PROVIDERS.
Consortia of public and private nonprofit local social
service organizations that have a proven ability to involve
disparate populations of low-income citizens and competing
service providers are eligible to receive grants under section
1099B.
SEC. 1099E. APPLICATIONS.
Applications may be submitted, for approval by the
Secretary, by eligible service providers at such time and in
such manner as the Secretary may reasonably require. Such
applications shall contain—
228
(1) assurances that selection of participants, or-
ganizations, and citizens will not be on the basis of
religious preference or affiliation,
(2) assurances that participating organizations
and citizens will not offer services based on any reli-
gious preference or affiliation, and
(3) assurances that such service provides will, to
the extent practicable, involve participation by citi-
zens not traditionally involved in such activities, in-
cluding homeless individuals, alcohol- and drug-ad-
dicted individuals, and gang involved or violent
youth.
SEC. 1099F. EVALUATION.
The Secretary shall commence a program to evaluate
the success and effectiveness of this program 2 years after
the program has received an appropriation, and such eval-
uation shall be completed no later than 1 year after the
second program year has been completed. A report thereon
shall be submitted to the Congress within 60 days of the
completion of the evaluation.
SEC. 1099G. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000
for fiscal year 1995, and such sums as are necessary for
each of fiscal years 1996, 1997, and 1998 to carry out this
subtitle.
229
Subtitle M—Gang Prevention
Services for Boys and Girls
SEC. 1099H. FINDINGS.
The Congress finds that—
(1) services provided through existing federally
supported gang prevention programs do not ade-
quately address the needs of boys and girls on commu-
nities with high levels of gang activity and other bar-
riers to service (such as large concentrations of mi-
nority populations that have limited English speak-
ing proficiency, geographically isolated populations,
and communities in which social service providers are
limited or nonexistent);
(2) children that are exposed to gang activity at
an early age are more likely to become gang-involved
than children who are exposed to such activity later
in life, or children that are never exposed to such
activity;
(3) gangs are increasingly targeting younger
children for recruitment, especially children at middle
schools and elementary schools;
(4) Federal studies indicate that violent crime
has increased more significantly in the gang popu-
lation compared to the adult population; and
230
(5) small community-based service agencies with
strong ties to the educational and law enforcement
systems offer the best chance to prevent young chil-
dren from becoming involved in gangs.
SEC. 1099I. PROGRAM AUTHORITY.
The Administrator of the Office of Juvenile Justice and
Delinquency Prevention (hereafter referred to as the ‘‘Ad-
ministrator’’), in consultation with the Department of Edu-
cation and the Department of Health and Human Re-
sources, may make grants to eligible service providers to
carry out programs that prevent young children from be-
coming gang involved. In making such grants, the Adminis-
trator shall give a priority to eligible service providers that
have a proven track record of serving young children and
have an overall budget of not more than $750,000 a fiscal
year, prior to receiving a grant under this section.
SEC. 1099J. PROGRAM REQUIREMENTS.
The eligible service providers receiving a grant under
section 1099I shall—
(1) provide a comprehensive array of support
services to assist the participants to reach their full
potential as a contributing law-abiding citizen (such
support services may include, but not be limited to:
education and health services; career development
training; music/art/drama activities; physical fitness
231
training; life skills training; mental health counsel-
ing; and job placement counseling);
(2) to the extent practical, involve the parents
and other family members of participating children,
and the members of local organizations that support
the educational and law enforcement institutions of
the community, as is appropriate, in the administra-
tion and operation of the gang prevention program;
(3) utilize community resources and related sup-
port services as needed in the operation of the pro-
gram;
(4) accept referrals from public institutions, as
is appropriate, such as law enforcement, mental
health, local school systems, and other entities of local
government; and
(5) utilize volunteer staff, including participants
in programs funded under the National and Commu-
nity Service Program, Public Law 103–62, to the
maximum extent practicable in the operation of the
program.
SEC. 1099K. ELIGIBLE PROVIDERS.
Community-based service providers, as defined in the
Juvenile Justice and Delinquency Prevention Act of 1974,
that have a proven track record of providing services to chil-
dren ages 5 to 18 shall be eligible to apply for funds under
232
this subtitle. A priority shall be given to those service pro-
viders that have a history of providing services uniquely
designed to meet the needs of young children such as the
Boys and Girls Clubs of America or service providers that
display the potential for providing such targeted services.
SEC. 1099L. ELIGIBLE PARTICIPANTS.
Children that have the potential, because of community
composition and other factors, to come into contact with
gangs, or who have a family member that has come into
contact with a gang, and are not more than 18 years old
at the time of entry into the program, shall be eligible to
receive services provided by programs receiving assistance
under this subtitle.
SEC. 1099M. APPLICATIONS PROCESS.
Eligible service providers may submit to the Adminis-
trator, for approval, an application in such form at such
time as the Administrator deems appropriate.
SEC. 1099N. EVALUATION.
The Administrator shall conduct an evaluation of the
effectiveness of the program model grants authorized under
this subtitle, and the extent to which it can be replicated
by other local communities. The Administrator shall report
to the Congress no later than January 1, 1999, on the de-
tails of such evalutions.
233
SEC. 1099O. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000
for fiscal year 1995, and such sums as may be necessary
for fiscal years 1996, 1997, and 1998 to carry out this sub-
title.
Subtitle N—Anticrime Youth
Councils
SEC. 1099P. PURPOSE.
The purpose of this subtitle is to provide for the estab-
lishment of 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. The purpose of such councils is to
empower local youth and ensure that their recommenda-
tions for preventing youth involvement in crime and vio-
lence will be heard and possibly incorporated into commu-
nity anticrime strategies.
SEC. 1099Q. AUTHORITY TO MAKE GRANTS.
The Administrator of the Office of Juvenile Justice and
Delinquency Prevention (in this subtitle referred to as the
‘‘Administrator’’) may make grants to public and nonprofit
community-based organizations to establish regional
anticrime youth councils each of which is composed of inter-
234
mediate and secondary school students who represent all the
schools in a separate congressional district.
SEC. 1099R. APPLICATIONS FOR GRANTS.
To request a grant under section 1099Q, a public and
nonprofit community-based organizations shall submit to
the Administrator an application in such form and con-
taining such information as the Administrator may require
by rule, including assurances that—
(1) the anticrime youth council with respect to
which such grant is requested will be—
(A) selected by a teacher or administrator of
an intermediate or secondary school in the con-
gressional district involved, in consultation with
teachers and administrators of other intermedi-
ate and secondary schools in such district,
(B) composed of not more than 5 students
from each of the intermediate and secondary
schools in such district, selected as described in
paragraph (1) from among individuals who have
first-hand knowledge of issues and problems
relating to students who attend schools in such
district,
(C) supervised by an individual who—
(i) is familiar with issues regarding
youth violence,
235
(ii) has strong ties to the communities
in such district and to the organizations
with which such council will interact, and
(iii) will be responsible for coordinat-
ing the dissemination of information to
such council, supervising council meetings,
and acting as a liaison between such coun-
cil and communities in such district, and
(D) meet not less frequently than monthly—
(i) to discuss issues of concern, includ-
ing youth crime, school violence, job cre-
ation, and recreation, and
(ii) to develop creative solutions for as-
sisting community organizations, law en-
forcement officials, school officials, govern-
ment officials, and others to address such is-
sues, and
(2) the applicant will submit to the Adminis-
trator a report, not later than 180 days after the first
year for which such applicant receives a grant under
section 1099Q, that—
(A) specifies the number of students and
schools involved and represented on such council,
236
(B) specifies the number of organizations
and individuals that council and its subcommit-
tees met with,
(C) specifies the number of grants, policies,
and programs submitted to the youth council for
review and recommendation,
(D) contains evidence that—
(i) the community has consulted such
council and adopted its recommendations,
and
(ii) a grant review process has been es-
tablished within a school system or police
department that includes an evaluation by
the youth council,
(E) describes the effect that participation on
such council has had on the student representa-
tives, (such as improved school attendance and
academic performance, and decreased criminal
involvement),
(F) describes the effect that participation on
such council has had on the participating schools
(such as decrease in incidence of school violence),
(G) describes the extent to which other stu-
dents attended council and subcommittee meet-
237
ings, and participated as members of the audi-
ence in such council’s activities,
(H) describes the extent to which family
service, youth service, and the education, police,
health, and judicial departments within such
district coordinate anticrime efforts as a result of
the recommendations and programs of such
council, and
(I) describes the extent to which such coun-
cil raises public awareness and knowledge, via
the media, about youth violence and such coun-
cil’s efforts to help prevent it.
SEC. 1099S. SELECTION OF GRANT RECIPIENTS.
For the purpose of selecting eligible applicants to re-
ceive grants under section 1099Q, the Administrator shall
take into consideration—
(1) the extent to which all schools in a congres-
sional district are represented on the proposed youth
anticrime council,
(2) the extent to which youth crime and violence
are an issue of concern in such district,
(3) the extent to which the community is com-
mitted to coordinating and meeting with the youth
councils, and
238
(4) the extent to which the students selected to
serve on such council are representative of the geo-
graphical area and knowledgeable about the issues
that such council will consider.
SEC. 1099T. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000 for
fiscal year 1995, and such sums as may be necessary for
fiscal years 1996, 1997, and 1998, to carry out this subtitle.
Subtitle O—Urban Recreation and
At-Risk Youth
SEC. 1099U. FINDINGS.
Section 1002 of the Urban Park and Recreation Recov-
ery Act of 1978 is amended by striking ‘‘and’’ at the end
of subsection (d), by striking the period at the end of sub-
section (e) and inserting ‘‘; and’’ and by adding the follow-
ing at the end thereof:
‘‘(f) the quality of life in urban areas has suffered be-
cause of decline in the availability of park and recreation
systems, including land, facilities, and services;
‘‘(g) the deterioration of urban park and recreation fa-
cilities is due in part to the underfunding of Federal grant
programs intended to assist in the revitalization of urban
recreation facilities and allow us to take back our parks
from crime, vandalism, and dilapidation;
239
‘‘(h) the urban neighborhoods eligible for assistance
under this title have deteriorated, in part, due to the rapid
increase in violent crime among youth;
‘‘(i) accessible, well-maintained recreational facilities
and services have been shown to significantly decrease the
incidence of violent crime among youth and can be an effec-
tive tool in efforts to prevent crime, increase public safety
and improve the quality of life of urban residents; and
‘‘(j) urban sport and recreation programs teach impor-
tant values and life skills including teamwork, individual
responsibility, respect, leadership, and self-esteem which
help prevent young people from engaging in criminal be-
havior.’’.
SEC. 1099V. PURPOSE OF ASSISTANCE.
Section 1003 of the Urban Park and Recreation Recov-
ery Act of 1978 is amended by adding the following at the
end thereof: ‘‘It is further the purpose of this title to improve
recreation facilities and expand recreation services in
urban areas with a high incidence of crime and to help
deter crime through the expansion of recreation opportuni-
ties for at-risk youth. It is the further purpose of this section
to increase the security of urban parks and to promote col-
laboration between local agencies involved in parks and
recreation, law enforcement, youth social services, and juve-
nile justice system.’’.
240
SEC. 1099W. DEFINITIONS.
Section 1004 of the Urban Park and Recreation Recov-
ery Act of 1978 is amended by inserting the following new
subsection after subsection (c) and by redesignating sub-
sections (d) through (j) as (e) through (k) respectively:
‘‘(d) ‘at-risk youth recreation grants’ means—
‘‘(1) rehabilitation grants,
‘‘(2) innovation grants, or
‘‘(3) matching grants for continuing program
support for programs of demonstrated value or success
in providing constructive alternatives to youth at risk
for engaging in criminal behavior, including grants
for operating, or coordinating recreation programs
and services;
in neighborhoods and communities with a high prevalence
of crime, particularly violent crime or crime committed by
youthful offenders; in addition to the purposes specified in
subsection (b), rehabilitation grants referred to in para-
graph (1) of this subsection may be used for the provision
of lighting, emergency phones or other capital improve-
ments which will improve the security of urban parks;’’.
SEC. 1099X. CRITERIA FOR SELECTION.
Section 1005 of the Urban Park and Recreation Recov-
ery Act of 1978 is amended by striking ‘‘and’’ at the end
of paragraph (6), by striking the period at the end of para-
241
graph (7) and inserting ‘‘; and’’ and by adding the follow-
ing at the end thereof:
‘‘(8) in the case of at-risk youth recreation
grants, the Secretary shall give a priority to each of
the following criteria:
‘‘(A) Programs which are targeted to youth
who are at the greatest risk of becoming involved
in violence and crime.
‘‘(B) Programs which teach important val-
ues and life skills, including teamwork, respect,
leadership, and self-esteem.
‘‘(C) Programs which offer tutoring, reme-
dial education, mentoring, and counseling in ad-
dition to recreation opportunities.
‘‘(D) Programs which offer services during
late night or other nonschool hours.
‘‘(E) Programs which demonstrate collabo-
ration between local park and recreation, juve-
nile justice, law enforcement, and youth social
service agencies and nongovernmental entities,
including the private sector and community and
nonprofit organizations.
‘‘(F) Programs which leverage public or pri-
vate recreation investments in the form of serv-
ices, materials, or cash.
242
‘‘(G) Programs which show the greatest po-
tential of being continued with non-Federal
funds or which can serve as models for other
communities.’’.
SEC. 1099Y. PARK AND RECREATION ACTION RECOVERY
PROGRAMS.
Section 1007(b) of the Urban Park and Recreation Re-
covery Act of 1978 is amended by adding the following at
the end thereof: ‘‘In order to be eligible to receive ‘at-risk
youth recreation grants’ a local government shall amend its
5-year action program to incorporate the goal of reducing
crime and juvenile delinquency and to provide a description
of the implementation strategies to achieve this goal. The
plan shall also address how the local government is coordi-
nating its recreation programs with crime prevention ef-
forts of law enforcement, juvenile corrections, and youth so-
cial service agencies.’’.
SEC. 1099Z. MISCELLANEOUS AND TECHNICAL AMEND-
MENTS.
(a) PROGRAM SUPPORT.—Section 1013 of the Urban
Park and Recreation Recovery Act of 1978 is amended by
inserting ‘‘(a) IN GENERAL.—’’ after ‘‘1013’’ and by adding
the following new subsection at the end thereof:
243
‘‘(b) PROGRAM SUPPORT.—Not more than 25 percent
of the amounts made available under this title to any local
government may be used for program support.’’.
(b) EXTENSION.—Section 1003 of the Urban Park and
Recreation Recovery Act of 1978 is amended by striking
‘‘for a period of five years’’ and by striking ‘short-term’’.
Subtitle P—Boys and Girls Clubs in
Public Housing
SEC. 1099AA. ESTABLISHMENT.
The Secretary for Housing and Urban Development,
in consultation with the Attorney General, shall enter into
contracts with the Boys and Girls Clubs of America, a na-
tional nonprofit youth organization to establish Boys and
Girls Clubs in public housing.
SEC. 1099BB. REPORT.
By May 1 of each fiscal year for which funds for this
section are provided, the Secretary of Housing and Urban
Development shall submit a report to the Committee on
Banking, Housing, and Urban Affairs of the Senate and
the Committee on Banking, Finance and Urban Affairs of
the House of Representatives that details the progress of es-
tablishing boys and girls clubs in public housing and the
effectiveness of the programs in reducing drug abuse and
gang violence.
244
SEC. 1099CC. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated the following
sums to carry out this subtitle—
(1) $12,000,000 for fiscal year 1995;
(2) $12,000,000 for fiscal year 1996; and
(3) $12,000,000 for fiscal year 1997,
Subtitle Q—Community-Based Jus-
tice Grants for Local Prosecu-
tors
SEC. 1099DD. GRANT AUTHORIZATION.
The Attorney General may make grants to local pros-
ecutors for the purpose of supporting the creation or expan-
sion of community-based justice programs.
SEC. 1099EE. USE OF FUNDS.
Grants made by the Attorney General under this sec-
tion shall be used—
(1) to fund programs that require the coopera-
tion and coordination of prosecutors, school officials,
police, probation officers, youth and social service
professionals, and community members in the effort
to reduce the incidence of, and increase the successful
identification and speed of prosecution of, young vio-
lent offenders;
(2) to fund programs in which prosecutors focus
on the offender, not simply the specific offense, and
impose individualized sanctions, designed to deter
245
that offender from further antisocial conduct, and im-
pose increasingly serious sanctions on a young of-
fender who continues to commit offenses; and
(3) to fund programs that coordinate criminal
justice resources with educational, social service, and
community resources to develop and deliver violence
prevention programs, including mediation and other
conflict resolution methods, treatment, counselling,
educational, and recreational programs that create al-
ternatives to criminal activity.
SEC. 1099FF. APPLICATIONS.
(a) ELIGIBILITY.—In order to be eligible to receive a
grant under this part for any fiscal year, a local prosecutor,
in conjunction with the mayor from the jurisdiction in
which the program will be placed, shall submit an applica-
tion to the Attorney General in such form and containing
such information as the Attorney General may reasonably
require.
(b) REQUIREMENTS.—Each applicant shall include—
(1) a request for funds for the purposes described
in section 1099EE;
(2) a description of the communities to be served
by the grant, including the nature of the youth crime
and violence problems within such communities;
246
(3) 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 section; and
(4) statistical information in such form and con-
taining such information that the Attorney General
may require.
(c) COMPREHENSIVE PLAN.—Each applicant shall in-
clude a comprehensive plan that shall contain—
(1) a description of the youth violent crime prob-
lem;
(2) an action plan outlining how the applicant
will achieve the purposes as described in section 1;
(3) a description of the resources available in the
community to implement the plan together with a de-
scription of the gaps in the plan that cannot be filled
with existing resources; and
(4) a description of how the requested grant will
be used to fill gaps.
SEC. 1099GG. ALLOCATION OF FUNDS; LIMITATIONS ON
GRANTS.
(a) ADMINISTRATIVE COST LIMITATION.—The Attor-
ney General shall use not more than 5 percent of the funds
available under this program for the purposes of adminis-
tration and technical assistance.
247
(b) RENEWAL OF GRANTS.—A grant under this part
may be renewed for up to 2 additional years after the first
fiscal year during which the recipient receives its initial
grant under this part, subject to the availability of funds,
if—
(1) the Attorney General determines that the
funds made available to the recipient during the pre-
vious years were used in a manner required under the
approved application; and
(2) the Attorney General determines that an ad-
ditional grant is necessary to implement the commu-
nity prosecution program described in the comprehen-
sive plan required by section 2.
SEC. 1099HH. AWARD OF GRANTS.
The Attorney General shall consider the following facts
in awarding grants:
(1) Demonstrated need and evidence of the abil-
ity to provide the services described in the plan re-
quired under section 1099FF.
(2) The Attorney General shall attempt, to the
extent practicable, to achieve an equitable geographic
distribution of grant awards.
SEC. 1099II. REPORTS.
(a) REPORT TO ATTORNEY GENERAL.—Local prosecu-
tors that receive funds under this subtitle shall submit to
248
the Attorney General a report not later than March 1 of
each year that describes progress achieved in carrying out
the plan described under section 2(c).
(b) REPORT TO CONGRESS.—The Attorney General
shall submit to the Congress a report by October 1 of each
year in which grants are made available under this subtitle
which shall contain a detailed statement regarding grant
awards, activities of grant recipients, a compilation of sta-
tistical information submitted by applicants, and an eval-
uation of programs established under this subtitle.
SEC. 1099JJ. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000
for each of the fiscal years 1995 through 1999 to carry out
the purposes of this subtitle.
SEC. 1099KK. DEFINITIONS.
The term ‘‘young violent offender’’ means individuals,
ages 7–22, who have committed crimes of violence, weapons
offenses, drug distribution, hate crimes and civil rights vio-
lations, and offenses against personal property of another.
TITLE XI—YOUTH VIOLENCE
SEC. 1101. PROSECUTION AS ADULTS OF CERTAIN JUVE-
NILES FOR CRIMES OF VIOLENCE.
(a) PROSECUTION AS ADULTS.—The 4th undesignated
paragraph of section 5032 of title 18, United States Code,
is amended by striking ‘‘; however’’ and inserting ‘‘. In the
249
application of the preceding sentence, if the crime of vio-
lence is an offense under section 113(a), 113(b), 113(c),
1111, 1113, or, if the juvenile possessed a firearm during
the offense, section 2111, 2113, 2241(a), or 2241(c) of this
title, ‘thirteen’ shall be substituted for ‘fifteen’ and ‘thir-
teenth’ shall be substituted for ‘fifteenth’. Notwithstanding
sections 1152 and 1153 of this title, no person subject to
the criminal jurisdiction of an Indian tribal government
shall be subject to the preceding sentence for any offense the
Federal jurisdiction for which is predicated solely on In-
dian country as defined in section 1151 of this title, and
which has occurred within the boundaries of such Indian
country, unless the governing body of the tribe has elected
that the preceding sentence have effect over land and persons
subject to its criminal jurisdiction. However’’.
(b) FEDERAL PRIORITY IN DEALING WITH CERTAIN
CRIMES.—The first undesignated paragraph of section 5032
of title 18, United States Code, is amended by inserting
‘‘ or an offense that is a crime of violence under section
113(a), 113(b), 113(c), 1111, 1113, or if the juvenile pos-
sessed a firearm during the offense, section 2111, 2113,
2241(a), or 2241(c) of this title’’ after ‘‘not exceed six
months’’.
250
SEC. 1102. COMMENCEMENT OF JUVENILE PROCEEDING.
Section 5032 of title 18, United States Code, is amend-
ed by striking ‘‘Any proceedings against a juvenile under
this chapter or as an adult shall not be commenced until’’
and inserting ‘‘A juvenile shall not be transferred to adult
prosecution nor shall a hearing be held under section 5037
(disposition after a finding of juvenile delinquency) until’’.
SEC. 1103. SEPARATION OF JUVENILE FROM ADULT OF-
FENDERS.
Section 5039 of title 18, United States Code, is amend-
ed by inserting ‘‘, whether pursuant to an adjudication of
delinquency or conviction for an offense,’’ after ‘‘commit-
ted’’ the first place it appears.
TITLE XII—CHILD SEXUAL
ABUSE PREVENTION ACT OF 1994
SEC. 1201. PENALTIES FOR INTERNATIONAL TRAFFICKING
IN CHILD PORNOGRAPHY.
(a) IMPORT RELATED OFFENSE.—Chapter 110 of title
18, United States Code, is amended by adding at the end
the following new section:
‘‘§ 2259. Production of sexually explicit depictions of a
minor for importation into the United
States
‘‘(a) USE
OF MINOR.—A person who, outside the
United States, employs, uses, persuades, induces, entices, or
coerces any minor to engage in, or who has a minor assist
251
any other person to engage in, or who transports any minor
with the intent that the minor engage in any sexually ex-
plicit conduct for the purpose of producing any visual de-
piction of such conduct, intending that the visual depiction
will be imported into the United States or into waters with-
in 12 miles of the coast of the United States, shall be pun-
ished as provided in subsection (c).
‘‘(b) USE OF VISUAL DEPICTION.—A person who, out-
side the United States, knowingly receives, transports,
ships, distributes, sells, or possesses with intent to transport,
ship, sell, or distribute any visual depiction of a minor en-
gaging in sexually explicit conduct (if the production of the
visual depiction involved the use of a minor engaging in
sexually explicit conduct), intending that the visual depic-
tion will be imported into the United States or into waters
within a distance of 12 miles of the coast of the United
States, shall be punished as provided in subsection (c).
‘‘(c) PENALTIES.—A person who violates subsection (a)
or (b), or conspires or attempts to do so—
‘‘(1) shall be fined under this title, imprisoned
not more than 10 years, or both; and
‘‘(2) if the person has a prior conviction under
this chapter or chapter 109A, shall be fined under this
title, imprisoned not more than 20 years, or both.’’.
(b) TECHNICAL AMENDMENT.—
252
(1) CHAPTER ANALYSIS.—The table of sections at
the beginning of chapter 110 of title 18, United States
Code, is amended by adding at the end the following
new item:
‘‘2259. Production of sexually explicit depictions of a minor for importation into
the United States.’’.
(2) FINE PROVISIONS.—Section 2251(d) of title
18, United States Code, is amended—
(A) by striking ‘‘not more than $100,000,
or’’ and inserting ‘‘under this title,’’;
(B) by striking ‘‘not more than $200,000,
or’’ and inserting ‘‘under this title,’’; and
(C) by striking ‘‘not more than $250,000’’
and inserting ‘‘under this title’’.
(c) SECTION 2251 PENALTY ENHANCEMENT.—Section
2251(d) of title 18, United States Code, is amended by strik-
ing ‘‘this section’’ the second place it appears and inserting
‘‘this chapter or chapter 109A’’.
(d) SECTION 2252 PENALTY ENHANCEMENT.—Section
2252(b)(1) of title 18, United States Code, is amended by
striking ‘‘this section’’ and inserting ‘‘this chapter or chap-
ter 109A’’.
(e) CONSPIRACY AND ATTEMPT.—Sections 2251(d) and
2252(b) of title 18, United States Code, are each amended
by inserting ‘‘, or attempts or conspires to violate,’’ after
‘‘violates’’ each place it appears.
253
(f) RICO AMENDMENT.—Section 1961(1) of title 18,
United States Code, is amended by striking ‘‘2251–2252’’
and inserting ‘‘2251, 2252, and 2259’’.
(g) TRANSPORTATION OF MINORS.—Chapter 117 of
title 18, United States Code, is amended—
(1) by adding at the end the following new
section:
‘‘§ 2425. Travel with intent to engage in a sexual act
with a juvenile
‘‘A person who travels in interstate commerce, or con-
spires to do so, or a United States citizen or an alien admit-
ted for permanent residence in the United States who trav-
els in foreign commerce, or conspires to do so, for the pur-
pose of engaging in any sexual act (as defined in section
2245) with a person under 18 years of age that would be
in violation of chapter 109A if the sexual act occurred in
the special maritime and territorial jurisdiction of the
United States shall be fined under this title, imprisoned not
more than 10 years, or both.’’; and
(2) in the table of sections at the beginning, by
adding at the end the following new item:
‘‘2425. Travel with intent to engage in a sexual act with a juvenile.’’.
SEC. 1202. SENSE OF CONGRESS CONCERNING STATE LEG-
ISLATION REGARDING CHILD PORNOGRAPHY.
It is the sense of the Congress that each State that has
not yet done so should enact legislation prohibiting the pro-
254
duction, distribution, receipt, or simple possession of mate-
rials depicting a person under 18 years of age engaging
in sexually explicit conduct (as defined in section 2256 of
title 18, United States Code) and providing for a maximum
imprisonment of at least 1 year and for the forfeiture of
assets used in the commission or support of, or gained from,
such offenses.
TITLE XIII—JACOB WETTERLING
CRIMES AGAINST CHILDREN
REGISTRATION ACT
SEC. 1301. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—
(1) STATE GUIDELINES.—The Attorney General
shall establish guidelines for State programs requiring
any person who is convicted of a criminal offense
against a victim who is a minor to register a current
address with a designated State law enforcement
agency for 10 years after release from prison, or being
placed on parole, supervised release, or probation.
(2) DEFINITION.—For purposes of this sub-
section, the term ‘‘criminal offense against a victim
who is a minor’’ means any criminal offense that
consists of—
(A) kidnapping of a minor, except by a
parent;
255
(B) false imprisonment of a minor, except
by a parent;
(C) criminal sexual conduct toward a
minor;
(D) solicitation of a minor to engage in sex-
ual conduct;
(E) use of a minor in a sexual performance;
(F) solicitation of a minor to practice pros-
titution;
(G) any conduct that by its nature is a sex-
ual offense against a minor; or
(H) an attempt to commit an offense de-
scribed in any of subparagraphs (A) through (G)
of this paragraph, if the State—
(i) makes such an attempt a criminal
offense; and
(ii) chooses to include such an offense
in those which are criminal offenses against
a victim who is a minor for the purposes of
this section.
(b) REGISTRATION REQUIREMENT UPON RELEASE,
PAROLE, SUPERVISED RELEASE, OR PROBATION.—An ap-
proved State registration program established under this
section shall contain the following requirements:
256
(1) DUTY
OF
STATE
PRISON
OFFICIAL
OR
COURT.—If a person who is required to register under
this section is released from prison, or placed on pa-
role, supervised release, or probation, a State prison
officer, or in the case of probation, the court, shall—
(A) inform the person of the duty to register
and obtain the information required for such
registration;
(B) inform the person that if the person
changes residence address, the person shall give
the new address to a designated State law en-
forcement agency in writing within 10 days;
(C) inform the person that if the person
changes residence to another State, the person
shall register the new address with the law en-
forcement agency with whom the person last reg-
istered, and the person is also required to reg-
ister with a designated law enforcement agency
in the new State not later than 10 days after es-
tablishing residence in the new State, if the new
State has a registration requirement;
(D) obtain fingerprints and a photograph of
the person if these have not already been ob-
tained in connection with the offense that trig-
gers registration; and
257
(E) require the person to read and sign a
form stating that the duty of the person to reg-
ister under this section has been explained.
(2) TRANSFER OF INFORMATION TO STATE AND
THE F.B.I.—The officer, or in the case of a person
placed on probation, the court, shall, within 3 days
after receipt of information described in paragraph
(1), forward it to a designated State law enforcement
agency. The State law enforcement agency shall im-
mediately enter the information into the appropriate
State law enforcement record system and notify the
appropriate law enforcement agency having jurisdic-
tion where the person expects to reside. The State law
enforcement agency shall also immediately transmit
the conviction data and fingerprints to the Federal
Bureau of Investigation.
(3) ANNUAL VERIFICATION.—On each anniver-
sary of a person’s initial registration date during the
period in which the person is required to register
under this section, the designated State law enforce-
ment agency shall mail a nonforwardable verification
form to the last reported address of the person. The
person shall mail the verification form to the des-
ignated State law enforcement agency within 10 days
after receipt of the form. The verification form shall
258
be signed by the person, and state that the person still
resides at the address last reported to the designated
State law enforcement agency. If the person fails to
mail the verification form to the designated State law
enforcement agency within 10 days after receipt of the
form, the person shall be in violation of this section
unless the person proves that the person has not
changed his or her residence address.
(4) NOTIFICATION OF LOCAL LAW ENFORCEMENT
AGENCIES OF CHANGES IN ADDRESS.—Any change of
address by a person required to register under this
section reported to the designated State law enforce-
ment agency shall immediately be reported to the ap-
propriate law enforcement agency having jurisdiction
where the person is residing. The designated law en-
forcement agency shall, if the person changes residence
to another State, notify the person of the law enforce-
ment agency with which the person must register in
the new State, if the new State has a registration re-
quirement.
(5) PRIVACY
OF
DATA.—The information col-
lected under a State registration program shall be
treated as private data on individuals and may be
disclosed only to law enforcement agencies for inves-
tigative purposes or to government agencies conduct-
259
ing confidential background checks with fingerprints
on applicants for child care positions or other posi-
tions involving contact with children.
(c) REGISTRATION FOR CHANGE OF ADDRESS TO AN-
OTHER STATE.—A person who has been convicted of an of-
fense which triggered registration in a State shall register
the new address with a designated law enforcement agency
in another State to which the person moves not later than
10 days after such person establishes residence in the new
State, if the new State has a registration requirement.
(d) REGISTRATION FOR 10 YEARS.—A person required
to register under this section shall continue to comply with
this section until 10 years have elapsed since the person
was released from prison, or placed on parole, supervised
release, or probation.
(e) PENALTY.—A person required to register under a
State program established pursuant to this section who
knowingly fails to so register and keep such registration
current shall be subject to criminal penalties in any State
in which the person has so failed.
(f) COMPLIANCE.—
(1) COMPLIANCE DATE.—Each State shall have 3
years from the date of the enactment of this Act in
which to implement this section.
260
(2) INELIGIBILITY FOR FUNDS.—The allocation
of funds under section 506 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3756) received by a State not complying with
the guidelines issued under this section 3 years after
the date of enactment of this Act may be reduced by
10 percent and the unallocated funds shall be reallo-
cated to the States in compliance with this
section.
TITLE XIV—COMMUNITY
POLICING
SEC. 1401. COMMUNITY POLICING; ‘‘COPS ON THE BEAT’’.
(a) IN GENERAL.—Title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)
is amended by inserting after part W (as added by section
2301(a)) the following new part:
‘‘PART X—PUBLIC SAFETY AND COMMUNITY
POLICING; ‘COPS ON THE BEAT’
‘‘SEC. 2401. AUTHORITY TO MAKE PUBLIC SAFETY AND COM-
MUNITY POLICING GRANTS.
‘‘(a) GRANT AUTHORIZATION.—The Attorney General
is authorized to make grants to States and units of local
government, and to other public and private entities, to in-
crease police presence, to expand and improve cooperative
efforts between law enforcement agencies and members of
261
the community to address crime and disorder problems, and
otherwise to enhance public safety.
‘‘(b) REHIRING
AND HIRING GRANT PROJECTS.—
Grants made under the authority of subsection (a) of this
section may be used for programs, projects, and other
activities to—
‘‘(1) rehire law enforcement officers who have
been laid off as a result of State and local budget re-
ductions for deployment in community-oriented polic-
ing; and
‘‘(2) hire and train new, additional career law
enforcement officers (including cadets and trainees)
for deployment in community-oriented policing across
the Nation.
‘‘(c) ADDITIONAL GRANT PROJECTS.—Grants made
under the authority of subsection (a) of this section also
may include programs, projects, and other activities to—
‘‘(1) increase the number of law enforcement offi-
cers involved in activities that are focused on inter-
action with members of the community on proactive
crime control and prevention by redeploying officers
to such activities;
‘‘(2) provide specialized training to law enforce-
ment officers to enhance their conflict resolution, me-
diation, problem solving, service, and other skills
262
needed to work in partnership with members of the
community;
‘‘(3) increase police participation in multidisci-
plinary early intervention teams;
‘‘(4) develop new technologies to assist State and
local law enforcement agencies in reorienting the em-
phasis 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 enforcement agencies in the prevention
of crime in the community;
‘‘(6) establish innovative programs to reduce,
and keep to a minimum, the amount of time that law
enforcement officers must be away from the commu-
nity while awaiting court appearances;
‘‘(7) establish and implement innovative pro-
grams to increase and enhance proactive crime con-
trol and prevention programs involving law enforce-
ment officers and young persons in the community;
‘‘(8) develop and establish new administrative
and managerial systems to facilitate the adoption of
community-oriented policing as an organization-wide
philosophy; and
263
‘‘(9) establish, implement, and coordinate crime
prevention and control programs (involving law en-
forcement officers working with community members)
with other existing Federal programs that serve the
community and community members to better address
the comprehensive needs of such community and its
members.
‘‘(d) PREFERENTIAL CONSIDERATION
OF APPLICA-
TIONS FOR CERTAIN GRANTS.—In awarding grants under
this part, the Attorney General may give preferential con-
sideration to grants for hiring and rehiring additional ca-
reer law enforcement officers that involve a non-Federal
contribution exceeding the 25 percent minimum under sub-
section (h) of this section.
‘‘(e) TECHNICAL ASSISTANCE.—(1) The Attorney Gen-
eral may provide technical assistance to States and units
of local government, and to other public and private enti-
ties, in furtherance of the purposes of this part.
‘‘(2) The technical assistance provided by the Attorney
General may include the development of a flexible model
that will define for States and units of local government,
and other public and private entities, definitions and strat-
egies associated with community or problem-oriented polic-
ing and methodologies for its implementation.
264
‘‘(3) The technical assistance provided by the Attorney
General may include the establishment and operation of
training centers or facilities, either directly or by contract-
ing or cooperative arrangements. The functions of the cen-
ters or facilities established under this paragraph may in-
clude instruction and seminars for police executives, man-
agers, trainers, and supervisors concerning community or
problem-oriented policing and improvements in police-com-
munity interaction and cooperation that further the pur-
poses of this part.
‘‘(f) UTILIZATION OF DEPARTMENT OF JUSTICE OF-
FICES AND SERVICES.—The Attorney General may utilize
any office or service of the Department of Justice in carry-
ing out this part.
‘‘(g) MINIMUM AMOUNT.—Each qualifying State, to-
gether with grantees within the State, shall receive in each
fiscal year pursuant to subsection (a) of this section not
less than 0.25 percent of the total amount appropriated in
the fiscal year for grants pursuant to such subsection. As
used 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 requirements prescribed by the Attorney
General and the conditions set out in this part.
265
‘‘(h) MATCHING FUNDS.—The portion of the costs of
a program, project, or activity provided by a grant under
subsection (a) of this section may not exceed 75 percent,
unless the Attorney General waives, wholly or in part, the
requirement under this subsection of a non-Federal con-
tribution to the costs of a program, project, or activity. In
relation to a grant for a period exceeding one year for hir-
ing or re-hiring career law enforcement officers, the Federal
share shall decrease from year to year, looking towards 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 sec-
tion 2402(c)(8) of this part.
‘‘(i) ALLOCATION
OF FUNDS.—The funds available
under this part shall be allocated as provided in section
1001(a)(19)(B) of this title.
‘‘(j) TERMINATION
OF GRANTS
FOR HIRING OFFI-
CERS.—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 six years from the date of enactment of this part. Prior
to the expiration of this grant authority, the Attorney Gen-
eral shall submit a report to Congress concerning the experi-
ence with and effects of such grants. The report may include
any recommendations the Attorney General may have for
266
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 enforce-
ment officers.
‘‘SEC. 2402. APPLICATIONS.
‘‘(a) IN GENERAL.—No grant may be made under this
part unless an application has been submitted to, and ap-
proved by, the Attorney General.
‘‘(b) FORM AND CONTENT OF APPLICATION.—An ap-
plication 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) COMPLIANCE WITH REGULATIONS
OR GUIDE-
LINES.—In accordance with the regulations or guidelines
established by the Attorney General, each application for
a grant under this part shall—
‘‘(1) include a long-term strategy and detailed
implementation plan that reflects consultation with
community groups and appropriate private and pub-
lic agencies and reflects consideration of the statewide
strategy under section 503(a)(1) of this part;
‘‘(2) demonstrate a specific public safety need;
‘‘(3) explain the locality’s inability to address
the need without Federal assistance;
267
‘‘(4) identify related governmental and commu-
nity initiatives which complement or will be coordi-
nated with the proposal;
‘‘(5) certify that there has been appropriate co-
ordination with all affected agencies;
‘‘(6) outline the initial and ongoing level of com-
munity support for implementing the proposal in-
cluding financial and in-kind contributions or other
tangible commitments;
‘‘(7) specify plans for obtaining necessary sup-
port and continuing the proposed program, project, or
activity following the conclusion of Federal support;
and
‘‘(8) if the application is for a grant for hiring
or rehiring additional career law enforcement offi-
cers—
‘‘(A) specify plans for the assumption by
the grantee of a progressively larger share of the
cost in the course of time, looking towards the
continuation of the increased hiring level using
State or local sources of funding following the
conclusion of Federal support;
‘‘(B) assess the impact, if any, of the in-
crease in police resources on other components of
the criminal justice system;
268
‘‘(C) explain how the grant will be utilized
to re-orient the affected law enforcement agency’s
mission towards community-oriented policing or
enhance its involvement in or commitment to
community-oriented policing; and
‘‘(D) ensure that, to the extent practicable,
grantees seek and recruit members of racial, eth-
nic, and gender minority groups whose represen-
tation in the law enforcement agency for which
funds are sought is less than in the general pop-
ulation qualified for such employment in such
jurisdiction.
‘‘SEC. 2403. REVIEW OF APPLICATIONS BY STATE OFFICE.
‘‘(a) IN GENERAL.—Except as provided in subsection
(c) or (d), an applicant for a grant under this part shall
submit an application to the State office designated under
section 507 of this title in the State in which the applicant
is located for initial review.
‘‘(b) INITIAL REVIEW OF APPLICATION.—The State of-
fice referred to in subsection (a) of this section shall review
applications for grants under this part submitted to it,
based upon criteria specified by the Attorney General by
regulation or guidelines, and rank such applications based
upon the criteria specified by the Attorney General. The
State office referred to in subsection (a) of this section shall
269
submit the list along with all grant applications and
supporting 
materials 
received 
to 
the 
Attorney
General.
‘‘(c) DIRECT APPLICATION TO THE ATTORNEY GEN-
ERAL BY CERTAIN MUNICIPALITIES.—Notwithstanding sub-
section (a) of this section, municipalities whose population
exceeds 100,000 may submit an application for a grant
under this part directly to the Attorney General. For pur-
poses of this subsection, ‘municipalities whose population
exceeds 100,000’ means units of local government or law
enforcement agencies having jurisdiction over areas with
populations exceeding 100,000, and consortia or associa-
tions that include one or more such units of local govern-
ment or law enforcement agencies.
‘‘(d) DIRECT APPLICATION TO THE ATTORNEY GEN-
ERAL BY OTHER APPLICANTS.—Notwithstanding subsection
(a) of this section, if a State chooses not to carry out the
functions described in subsection (b) of this section, an
applicant in the State may submit an application for a
grant 
under 
this 
part 
directly 
to 
the 
Attorney
General.
‘‘SEC. 2404. 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 two addi-
270
tional years after the first fiscal year during which a recipi-
ent receives its initial grant if the Attorney General deter-
mines that the funds made available to the recipient were
used in a manner required under an approved application
and if the recipient can demonstrate significant progress
in achieving 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 five years, subject to the requirements
of subsection (a) of this section, but notwithstanding the
limitation in that subsection concerning the number of
years for which grants may be renewed.
‘‘(c) MULTI-YEAR GRANTS.—A grant for a period ex-
ceeding one year may be renewed as provided in this sec-
tion, except that the total duration of such a grant includ-
ing any renewals may not exceed three years, or six years
if it is a grant made for hiring or rehiring additional ca-
reer law enforcement officers.
‘‘SEC. 2405. LIMITATION ON USE OF FUNDS.
‘‘(a) NON-SUPPLANTING REQUIREMENT.—Funds made
available under this part to States or units of local govern-
ment 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 Federal funds, be made available from
State or local sources.
271
‘‘(b) ADMINISTRATIVE COSTS.—No more than 5 per-
cent of the funds available under this part may be used
for the costs of States in carrying out the functions de-
scribed in section 2403(b) or other administrative costs.
‘‘(c) NON-FEDERAL COSTS.—States and units of local
government may use assets received through the assets for-
feiture equitable sharing program to cover the non-Federal
portion 
of 
programs, 
projects, 
and 
activities
funded under this part.
‘‘(d) 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.
‘‘SEC. 2406. PERFORMANCE EVALUATION.
‘‘(a) EVALUATION COMPONENTS.—
‘‘(1) Each program, project, or activity funded
under this part shall contain an evaluation compo-
nent, developed pursuant to guidelines established by
the Attorney General.
‘‘(2) The evaluations required by paragraph (1)
shall include outcome measures that can be used to
determine the effectiveness of the funded programs,
projects, activities and a description of the geographic
dispersion, and racial, ethnic, and gender diversity of
rehired and new employees. Outcome measures may
272
include crime and victimization indicators, quality of
life measures, community perceptions, and police per-
ceptions of their own work.
‘‘(b) PERIODIC REVIEW AND REPORTS.—The Attorney
General shall review the performance of each grant recipient
under this part. The Attorney General may require a grant
recipient to submit to the Attorney General the results of
the evaluations required under subsection (a) and such
other data and information as the Attorney General deems
reasonably necessary to carry out the responsibilities under
this subsection.
‘‘SEC. 2407. REVOCATION OR SUSPENSION OF FUNDING.
‘‘If the Attorney General determines, as a result of the
reviews required by section 2406 of this part, 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 2402 of this
part, the Attorney General may revoke or suspend funding
of that grant, in whole or in part.
‘‘SEC. 2408. ACCESS TO DOCUMENTS.
‘‘(a) BY
THE ATTORNEY GENERAL.—The Attorney
General shall have access for the purpose of audit and exam-
ination to any pertinent books, documents, papers, or
records of a grant recipient under this part, as well as the
pertinent books, documents, papers, or records of States and
273
units of local government, persons, businesses, and other en-
tities that are involved in programs, projects, or activities
for which assistance is provided under this part.
‘‘(b) BY THE COMPTROLLER GENERAL.—The provi-
sions of subsection (a) of this section shall also apply with
respect to audits and examinations conducted by the Comp-
troller General of the United States or by an authorized
representative of the Comptroller General.
‘‘SEC. 2409. GENERAL REGULATORY AUTHORITY.
‘‘The Attorney General is authorized to promulgate
regulations and guidelines to carry out this part.
‘‘SEC. 2410. DEFINITION.
‘‘For the purposes of this part, the term ‘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.’’.
(b) TECHNICAL AMENDMENT.—The table of contents of
title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711, et seq.) is amended by inserting
after the matter relating to part W (as added by section
2301(b)) the following:
‘‘PART X—PUBLIC SAFETY AND COMMUNITY POLICING; ‘COPS ON THE BEAT’
‘‘Sec. 2401. Authority to make public safety and community policing grants.
‘‘Sec. 2402. Applications.
‘‘Sec. 2403. Review of applications by State office.
‘‘Sec. 2404. Renewal of grants.
‘‘Sec. 2405. Limitation on use of funds.
‘‘Sec. 2406. Performance evaluation.
274
‘‘Sec. 2407. Revocation or suspension of funding.
‘‘Sec. 2408. Access to documents.
‘‘Sec. 2409. General regulatory authority.
‘‘Sec. 2410. Definition.’’.
SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION.—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, Q, R, S, T, U, V, W, and X.’’; and
(2) by adding after paragraph (18) (as added by
section 2302) the following:
‘‘(19)(A) There are authorized to be appropriated to
carry out part X, to remain available until expended,
$200,000,000 for fiscal year 1994 and $650,000,000 for each
of the fiscal years 1995, 1996, 1997, 1998, and 1999.
‘‘(B) Of funds available under part X in any fiscal
year, up to 5 percent may be used for technical assistance
under section 2401(e) or for evaluations or studies carried
out or commissioned by the Attorney General in furtherance
of the purposes of part X, and up to 5 percent may be used
for the costs of States in carrying out the functions de-
scribed in section 2403(b) or other administrative costs. Of
the remaining funds, 50 percent shall be allocated for grants
pursuant to applications submitted as provided in section
2403(a) or (d), and 50 percent shall be allocated for grants
pursuant to applications submitted as provided in section
275
2403(c). Of the funds available in relation to grants pursu-
ant to applications submitted as provided in section
2403(a) or (d), at least 85 percent shall be applied to grants
for the purposes specified in section 2401(b), and no more
than 15 percent may be applied to other grants in further-
ance of the purposes of part X. Of the funds available in
relation to grants pursuant to applications submitted as
provided in section 2403(c), at least 85 percent shall be ap-
plied to grants for the purposes specified in section 2401(b),
and no more than 15 percent may be applied to other grants
in furtherance of the purposes of part X.
‘‘(C) Notwithstanding the provisions of section 2403,
no funds allocated for grants pursuant to applications sub-
mitted as provided under subsections (a) or (d) of section
2403 shall be allocated for grants to a municipality (as de-
fined in section 2403(c)).’’.
TITLE XV—DNA IDENTIFICATION
SEC. 1501. SHORT TITLE.
This title may be cited at the ‘‘DNA Identification Act
of 1994’’.
SEC. 1502. FUNDING TO IMPROVE THE QUALITY AND AVAIL-
ABILITY OF DNA ANALYSES FOR LAW EN-
FORCEMENT IDENTIFICATION PURPOSES.
(a) DRUG
CONTROL
AND
SYSTEM
IMPROVEMENT
GRANT PROGRAM.—Section 501(b) of title I of the Omnibus
276
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3751(b)) is amended—
(1) in paragraph (20) by striking ‘‘and’’ at the
end,
(2) in paragraph (21) by striking the period at
the end and inserting a semicolon, and
(3) by adding at the end the following:
‘‘(22) developing or improving in a forensic lab-
oratory a capability to analyze deoxyribonucleic acid
(hereinafter in this title referred to as ‘DNA’) for
identification purposes; and’’.
(b) STATE APPLICATIONS.—Section 503(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3753(a)) is amended by adding at the end there-
of the following new paragraph:
‘‘(12) If any part of a grant made under this
part is to be used to develop or improve a DNA anal-
ysis capability in a forensic laboratory, a certifi-
cation that—
‘‘(A) DNA analyses performed at such lab-
oratory will satisfy or exceed then current stand-
ards for a quality assurance program for DNA
analysis, issued by the Director of the Federal
Bureau of Investigation under section 3 of the
DNA Identification Act of 1994;
277
‘‘(B) DNA samples obtained by, and DNA
analyses performed at, such laboratory will be
accessible only—
‘‘(i) to criminal justice agencies for
law enforcement identification purposes;
‘‘(ii) for criminal defense purposes, to
a defendant, who shall have access to sam-
ples and analyses performed in connection
with the case in which such defendant is
charged; or
‘‘(iii) if personally identifiable infor-
mation is removed, for a population statis-
tics database, for identification research
and protocol development purposes, or for
quality control purposes; and
‘‘(C) such laboratory, and each analyst per-
forming DNA analyses at such laboratory, will
undergo, at regular intervals of not to exceed 180
days, external proficiency testing by a DNA pro-
ficiency testing program meeting the standards
issued under section 3 of the DNA Identification
Act of 1994.’’.
(c) AUTHORIZATION
OF APPROPRIATIONS.—Section
1001(a) of the Omnibus Crime Control and Safe Streets Act
278
of 1968 (42 U.S.C. 3793(a)) is amended by adding at the
end the following:
‘‘(11) There are authorized to be appropriated for each
of the fiscal years 1994 through 1998 $10,000,000 for grants
to the States for DNA analysis.’’.
SEC. 1503. QUALITY ASSURANCE AND PROFICIENCY TEST-
ING STANDARDS.
(a) PUBLICATION OF QUALITY ASSURANCE AND PRO-
FICIENCY TESTING STANDARDS.—(1) Not later than 180
days after the date of the enactment of this Act, the Director
of the Federal Bureau of Investigation shall appoint an ad-
visory board on DNA quality assurance methods. The Di-
rector shall appoint members of the board from among
nominations proposed by the head of the National Academy
of Sciences and professional societies of crime laboratory
officials. The advisory board shall include as members sci-
entists from State and local forensic laboratories, molecular
geneticists and population geneticists not affiliated with a
forensic laboratory, and a representative from the National
Institute of Standards and Technology. The advisory board
shall develop, and if appropriate, periodically revise, rec-
ommended standards for quality assurance, including
standards for testing the proficiency of forensic laboratories,
and forensic analysts, in conducting analyses of DNA.
279
(2) The Director of the Federal Bureau of Investiga-
tion, after taking into consideration such recommended
standards, shall issue (and revise from time to time) stand-
ards for quality assurance, including standards for testing
the proficiency of forensic laboratories, and forensic ana-
lysts, in conducting analyses of DNA.
(3) The standards described in paragraphs (1) and (2)
shall specify criteria for quality assurance and proficiency
tests to be applied to the various types of DNA analyses
used by forensic laboratories. The standards shall also in-
clude a system for grading proficiency testing performance
to determine whether a laboratory is performing acceptably.
(4) Until such time as the advisory board has made
recommendations to the Director of the Federal Bureau of
Investigation and the Director has acted upon those rec-
ommendations, the quality assurance guidelines adopted by
the technical working group on DNA analysis methods shall
be deemed the Director’s standards for purposes of this
section.
(b) ADMINISTRATION OF THE ADVISORY BOARD.—For
administrative purposes, the advisory board appointed
under subsection (a) shall be considered an advisory board
to the Director of the Federal Bureau of Investigation. Sec-
tion 14 of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply with respect to the advisory board
280
appointed under subsection (a). The board shall cease to
exist on the date 5 years after the initial appointments are
made to the board, unless the existence of the board is ex-
tended by the Director of the Federal Bureau of Investiga-
tion.
SEC. 1504. INDEX TO FACILITATE LAW ENFORCEMENT EX-
CHANGE OF DNA IDENTIFICATION INFORMA-
TION.
(a) IN GENERAL.—The Director of the Federal Bureau
of Investigation may establish an index of—
(1) DNA identification records of persons con-
victed of crimes;
(2) analyses of DNA samples recovered from
crime scenes; and
(3) analyses of DNA samples recovered from un-
identified human remains.
(b) CONTENT OF INDEX.—Such index may include
only information on DNA identification records and DNA
analyses that are—
(1) based on analyses performed in accordance
with publicly available standards that satisfy or ex-
ceed the guidelines for a quality assurance program
for DNA analysis, issued by the Director of the Fed-
eral Bureau of Investigation under section 3 of the
DNA Identification Act of 1994;
281
(2) prepared by laboratories, and DNA analysts,
that undergo, at regular intervals of not to exceed 180
days, external proficiency testing by a DNA pro-
ficiency testing program meeting the standards issued
under section 3 of the DNA Identification Act of
1994; and
(3) maintained by Federal, State, and local
criminal justice agencies pursuant to rules that allow
disclosure of stored DNA samples and DNA analyses
only—
(A) to criminal justice agencies for law en-
forcement identification purposes;
(B) for criminal defense purposes, to a de-
fendant, who shall have access to samples and
analyses performed in connection with the case
in which such defendant is charged; or
(C) if personally identifiable information is
removed, for a population statistics database, for
identification research and protocol development
purposes, or for quality control purposes.
(c) EXCHANGE SUBJECT TO CANCELLATION.—The ex-
change of records authorized by this section is subject to
cancellation if the quality control and privacy requirements
described in subsection (b) of this section are not met.
282
SEC. 1505. FEDERAL BUREAU OF INVESTIGATION.
(a) PROFICIENCY TESTING REQUIREMENTS.—
(1) GENERALLY.—Personnel at the Federal Bu-
reau of Investigation who perform DNA analyses
shall undergo, at regular intervals of not to exceed
180 days, external proficiency testing by a DNA pro-
ficiency testing program meeting the standards issued
under section 3(a). Within one year of the date of en-
actment of this Act, the Director of the Federal Bu-
reau of Investigation shall arrange for periodic blind
external tests to determine the proficiency of DNA
analysis performed at the Federal Bureau of Inves-
tigation laboratory. As used in this paragraph, the
term ‘‘blind external test’’ means a test that is pre-
sented to the laboratory through a second agency and
appears to the analysts to involve routine evidence.
(2) REPORT.—For five years after the date of en-
actment of this Act, the Director of the Federal Bu-
reau of Investigation shall submit to the Committees
on the Judiciary of the House and Senate an annual
report on the results of each of the tests referred to in
paragraph (1).
(b) PRIVACY PROTECTION STANDARDS.—
(1) GENERALLY.—Except as provided in para-
graph (2), the results of DNA tests performed for a
283
Federal law enforcement agency for law enforcement
purposes may be disclosed only—
(A) to criminal justice agencies for law en-
forcement identification purposes; or
(B) for criminal defense purposes, to a de-
fendant, who shall have access to samples and
analyses performed in connection with the case
in which such defendant is charged.
(2) EXCEPTION.—If personally identifiable infor-
mation is removed, test results may be disclosed for
a population statistics database, for identification re-
search and protocol development purposes, or for
quality control purposes.
(c) CRIMINAL PENALTY.—(1) Whoever—
(A) by virtue of employment or official position,
has possession of, or access to, individually identifi-
able DNA information indexed in a database created
or maintained by any Federal law enforcement agen-
cy; and
(B) willfully discloses such information in any
manner to any person or agency not entitled to
receive it;
shall be fined not more than $100,000.
(2) Whoever, without authorization, willfully obtains
DNA samples or individually identifiable DNA information
284
indexed in a database created or maintained by any Fed-
eral law enforcement agency shall be fined not more than
$100,000.
SEC. 1506. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Federal
Bureau of Investigation $4,500,000 for each of fiscal years
1994 through 1998 to carry out sections 1503, 1504, and
1505 of this Act.
TITLE XVI—VIOLENCE AGAINST
WOMEN
SEC. 1600. SHORT TITLE.
This title may be cited as the ‘‘Violence Against
Women Act of 1994’’.
Subtitle A—Safe Streets for Women
SEC. 1601. SHORT TITLE.
This subtitle may be cited as the ‘‘Safe Streets for
Women Act of 1994’’.
SEC. 1602. GRANTS TO COMBAT VIOLENT CRIMES AGAINST
WOMEN.
(a) IN GENERAL.—Title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)
is amended by—
(1) redesignating part Q as part R;
(2) redesignating section 1701 as section 1801;
and
285
(3) adding after part P the following new part:
‘‘PART Q—GRANTS TO COMBAT VIOLENT CRIMES
AGAINST WOMEN
‘‘SEC. 1701. PURPOSE OF THE PROGRAM AND GRANTS.
‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of
this part is to assist States, Indian tribes, and other eligible
entities to develop effective law enforcement and prosecution
strategies to combat violent crimes against women.
‘‘(b) PURPOSES
FOR
WHICH
GRANTS
MAY
BE
USED.—Grants under this part shall provide funds for per-
sonnel, training, technical assistance, data collection and
other equipment for the more widespread apprehension,
prosecution, and adjudication of persons committing vio-
lent crimes against women to reduce the rate of violent
crime against women and specifically, for the purposes of—
‘‘(1) training law enforcement officers and pros-
ecutors to identify and respond more effectively to
violent crimes against women, including crimes of
sexual assault and domestic violence;
‘‘(2) developing, training, or expanding units of
law enforcement officers and prosecutors that specifi-
cally target violent crimes against women, including
the crimes of sexual assault and domestic violence;
‘‘(3) developing and implementing more effective
police and prosecution policies, protocols, orders, or
286
services specifically devoted to the prevention of, iden-
tification of, and response to violent crimes against
women, including the crimes of sexual assault and do-
mestic violence;
‘‘(4) developing, installing, or expanding data
collection systems, including computerized systems,
linking police, prosecutors, and courts or identifying
and tracking arrests, protection orders, prosecutions,
and convictions for the crimes of sexual assault and
domestic violence;
‘‘(5) developing, enlarging, or strengthening vic-
tim services programs, including sexual assault and
domestic violence programs, developing or improving
delivery of victim services to racial, cultural, ethnic,
and language minorities, providing specialized do-
mestic violence court advocates in courts where a sig-
nificant number of protective orders are granted, and
increasing reporting and reducing attrition rates for
cases involving violent crimes against women, includ-
ing crimes of sexual assault and domestic violence;
and
‘‘(6) aiding Indian tribe grantees, exclusively, in
financing the Violence Against Women Act of 1994.
287
‘‘SEC. 1702. STATE GRANTS.
‘‘(a) GENERAL GRANTS.—The Director of the Bureau
of Justice Assistance (hereinafter in this part referred to
as the ‘Director’) is authorized to make grants to States,
Indian tribes, units of local government, tribal organiza-
tions, and nonprofit nongovernmental victim services pro-
grams in the States or Indian country.
‘‘(b) 
APPLICATION
REQUIREMENTS.—Applications
shall include—
‘‘(1) documentation from prosecution, law en-
forcement, and victim services programs to be assisted
that demonstrates—
‘‘(A) the need for grant funds;
‘‘(B) the intended use of grant funds; and
‘‘(C) the expected results;
‘‘(2) proof of compliance with the requirements
for the payment of forensic medical exams provided
pursuant to section 1603 of the Violence Against
Women Act of 1994, except that Indian tribes are ex-
empt from such requirement; and
‘‘(3) proof of compliance with the requirements
for paying filing and service fees for domestic violence
cases pursuant to section 1604 of the Violence Against
Women Act of 1994.
288
‘‘(c) QUALIFICATION.—Upon satisfying the terms of
subsection (b), an eligible entity shall be eligible for funds
provided under this part by—
‘‘(1) certifying that funds received under this
part shall be used for the purposes outlined in section
1701(b);
‘‘(2) certifying that grantees shall develop a
plan, implement such plan, and otherwise consult and
coordinate with nonprofit nongovernmental domestic
violence and sexual assault victim services programs,
law enforcement officials, victim advocates, prosecu-
tors, and defense attorneys;
‘‘(3) providing documentation from the individ-
uals and groups listed under paragraph (2) regarding
their participation in development of a plan and in-
volvement in the application process, as well as how
such individuals and groups will be involved in im-
plementation of the plan;
‘‘(4) providing assurances that the plan devel-
oped under paragraph (2) shall meet the needs of ra-
cial, cultural, ethnic, and language minority popu-
lations;
‘‘(5) providing assurances that prosecution, law
enforcement, and nonprofit nongovernmental victim
services programs in the community to be served by
289
such plan each receive an equitable percentage of any
funds allocated under this part; and
‘‘(6) providing assurances that any Federal
funds received under this part shall be used to supple-
ment, not supplant, non-Federal funds that would
otherwise be available for activities funded under this
part.
‘‘(d) DISBURSEMENT OF FUNDS.—
‘‘(1) IN GENERAL.—Not later than 60 days after
the receipt of an application under this part, the Di-
rector shall either disburse the appropriate sums pro-
vided for under this part or shall inform the appli-
cant regarding why the application does not conform
to the requirements of this section.
‘‘(2) RESPONSIBILITY
OF
DIRECTOR.—In dis-
bursing funds under this part, the Director shall issue
regulations—
‘‘(A) to distribute funds equitably on a geo-
graphic basis, including nonurban and rural
areas of varying geographic size; and
‘‘(B) give priority to areas of varying geo-
graphic size with the greatest showing of need
based on the availability of existing domestic vi-
olence and sexual assault programs in the popu-
lation and geographic area to be served in rela-
290
tion to the availability of such programs in other
such populations and geographic areas.
‘‘(e) GRANTEE REPORTING.—(1) Not later than March
31 of each year during which funds are received under this
part, the grantee shall file a performance report with the
Director explaining the activities carried out together with
an assessment of the effectiveness of such activities in
achieving the purposes of this part.
‘‘(2) The grantee shall arrange for assessments of the
grantee’s program from all organizations and government
entities that were involved in the design of the grant plan.
‘‘(3) Such assessments must be sent directly to the Di-
rector by the assessing entity.
‘‘(f) SUSPENSION OF FUNDING.—The Director shall
suspend funding for an approved application if—
‘‘(1) an applicant fails to submit an annual per-
formance report;
‘‘(2) funds provided under this part are ex-
pended for purposes other than those set forth under
this part; or
‘‘(3) grant reports or accompanying assessments
demonstrate to the Director that the program is inef-
fective or financially unsound.
‘‘SEC. 1703. GENERAL DEFINITIONS.
‘‘For purposes of this part—
291
‘‘(1) the term ‘domestic violence’ means crimes of
violence committed against a victim by a current or
former spouse of the victim, an individual with whom
the victim shares a child in common, an individual
who is cohabiting with or has cohabited with the vic-
tim as a spouse, an individual similarly situated to
a spouse, or any other individual who is protected
under domestic or family violence laws of the jurisdic-
tion that receives a grant under this part;
‘‘(2) the term ‘eligible entity’ means a State,
unit of local government, Indian tribe, and a non-
profit, nongovernmental victims services program;
‘‘(3) the term ‘Indian tribe’ means any Indian
tribe, band, nation, or other organized group or com-
munity, including any Alaska Native village or re-
gional or village corporation (as defined in, or estab-
lished pursuant to, the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601, et seq.)), which is recog-
nized as eligible for the special services provided by
the United States to Indians because of their status
as Indians;
‘‘(4) the term ‘Indian country’ has the meaning
given to such term by section 1151 of title 18, United
States Code;
292
‘‘(5) the term ‘sexual assault’ means any conduct
proscribed by chapter 109A of title 18, United States
Code, whether or not the conduct occurs in the special
maritime and territorial jurisdiction of the United
States or in a Federal prison and includes both as-
saults committed by offenders who are strangers to the
victim and assaults committed by offenders who are
known or related by blood or marriage to the victim;
and
‘‘(6) the term ‘victim services program’ means a
nongovernmental nonprofit program that assists do-
mestic violence or sexual assault victims, including
nongovernmental nonprofit organizations such as
rape crisis centers, battered women’s shelters, and
other sexual assault and domestic violence programs,
including nonprofit nongovernmental organizations
assisting domestic violence and sexual assault victims
through the legal process.
‘‘SEC. 1704. GENERAL TERMS AND CONDITIONS.
‘‘(a) NONMONETARY ASSISTANCE.—In addition to the
assistance provided under section 1702, the Attorney Gen-
eral may request any Federal agency, with or without reim-
bursement, to use its authorities and the resources granted
to it under Federal law (including personnel, equipment,
supplies, facilities, and managerial, technical, and advisory
293
services) to support State, tribal, and local assistance efforts
under this part.
‘‘(b) BUREAU REPORTING.—Not later than 180 days
after the end of each fiscal year for which grants are made
under this part, the Director shall submit to the Congress
a report that includes, for each State and Indian tribe—
‘‘(1) the amount of grants made under this part;
‘‘(2) a summary of the purposes for which grants
were provided and an evaluation of progress; and
‘‘(3) an evaluation of the effectiveness of pro-
grams established with funds under this part.’’.
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793), is amended by adding
at the end the following:
‘‘(12) There are authorized to be appropriated for each
of the fiscal years 1994 and 1995, $200,000,000 to carry
out the purposes of part Q, with not less than 8 percent
of such appropriation allotted specifically for Indian
tribes.’’.
(c) ADMINISTRATIVE PROVISIONS.—(1) Section 801(b)
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 is amended by striking ‘‘and O’’ and inserting
‘‘O, Q,’’.
294
(2) Section 802(b) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 is amended by striking
‘‘or O’’ and inserting ‘‘O, Q,’’.
(d) CONFORMING AMENDMENT.—The table of contents
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.) is amended by striking
the matter relating to part Q and inserting the following:
‘‘PART Q—GRANT TO COMBAT VIOLENT CRIMES AGAINST WOMEN
‘‘Sec. 1701. Purpose of the program and grants.
‘‘Sec. 1702. State grants.
‘‘Sec. 1703. General definitions.
‘‘Sec. 1704. General terms and conditions.
‘‘PART R—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.
SEC. 1603. RAPE EXAM PAYMENTS.
(a) RESTRICTION OF FUNDS.—No State is entitled to
funds under this title unless the State incurs the full out
of pocket cost of forensic medical exams described in sub-
section (b) for victims of sexual assault.
(b) MEDICAL COSTS.—A State shall be deemed to
incur the full out of pocket cost of forensic medical exams
for victims of sexual assault if such State—
(1) provides such exams to victims free of charge
to the victim;
(2) arranges for victims to obtain such exams
free of charge to the victims; or
(3) reimburses victims for the cost of such exams,
if—
295
(A) the reimbursement covers the full cost of
such exams, without any deductible requirement
or limit on the amount of a reimbursement;
(B) the State permits victims to apply to
the State for reimbursement for not less than one
year from the date of the exam;
(C) the State provides reimbursement not
later than 90 days after written notification of
the victim’s expense; and
(D) the State provides information at the
time of the exam to all victims, including vic-
tims with limited or no English proficiency, re-
garding how to obtain reimbursement.
SEC. 1604. FILING COSTS FOR CRIMINAL CHARGES.
No State is entitled to funds under this title unless
the State certifies that their laws, policies, and practices
do not require, in connection with the prosecution of any
misdemeanor or felony domestic violence offense, that the
abused bear the costs associated with the filing of criminal
charges against the domestic violence offender, or that the
abused bear the costs associated with the issuance or service
of a warrant, protection order, or witness subpoena.
SEC. 1605. EQUITABLE TREATMENT OF RAPE CASES.
No State is entitled to funds under this title unless
the State can certify that its laws and policies treat sex
296
offenses committed by offenders who are known to, cohabi-
tants of, social companions of, or related by blood or mar-
riage to, the victim no less severely than sex offenses com-
mitted by offenders who are strangers to the victim.
SEC. 1606. EDUCATION AND PREVENTION GRANTS TO RE-
DUCE SEXUAL ASSAULTS AGAINST WOMEN.
(a) IN GENERAL.—Title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),
as amended by section 1602, is further amended by—
(1) redesignating part R as part S;
(2) redesignating section 1801 as section 1901;
and
(3) adding after part Q the following new part:
‘‘PART R—RAPE PREVENTION PROGRAMS
‘‘SEC. 1801. GRANT AUTHORIZATION.
‘‘The Director of the Bureau of Justice Assistance (re-
ferred to in this part as the ‘Director’) is authorized to make
grants—
‘‘(1) to provide educational seminars, particu-
larly developed with emphasis on seminars for ele-
mentary and secondary school age children, designed
to develop an awareness of what acts meet the legal
definition of rape;
297
‘‘(2) to provide programs for elementary and sec-
ondary school age children that teach nonviolent con-
flict resolution, self defense, or other relevant skills;
‘‘(3) to operate telephone hotlines for callers with
questions regarding sexual assault and rape;
‘‘(4) to design and disseminate training pro-
grams for professionals, including the development
and dissemination of protocols for the routine identi-
fication, treatment, and appropriate referral of vic-
tims of sexual assault by hospital emergency person-
nel and other professionals;
‘‘(5) to develop treatment programs for convicted
sex offenders and make such programs available to the
local community and to Federal and State prisons;
‘‘(6) to prepare and disseminate informational
materials designed to educate the community regard-
ing sexual assault and prevention; and
‘‘(7) to develop other projects to increase aware-
ness and prevention of sexual assault, including ef-
forts to increase awareness of sexual assault preven-
tion among racial, ethnic, cultural and language
minorities.
‘‘SEC. 1802. APPLICATIONS.
‘‘(a) IN GENERAL.—To be eligible to receive a grant
under this part, a duly authorized representative of an eli-
298
gible entity shall submit an application to the Director in
such form and containing such information as the Director
may reasonably require.
‘‘(b) ASSURANCES.—Each application must contain
an assurance 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.
‘‘(c) REQUIRED PLAN.—Each application shall in-
clude a plan that contains—
‘‘(1) a description of the projects to be developed;
‘‘(2) a description of how funds would be spent;
‘‘(3) a statement of staff qualifications and dem-
onstrated expertise in the field of rape prevention and
education; and
‘‘(4) a statement regarding the ability to serve
community needs and language minority populations
in providing ethnically and culturally and linguis-
tically appropriate programs where necessary.
‘‘SEC. 1803. REPORTS.
‘‘(a) GRANTEE REPORTING.—Upon completion of the
grant period under this subpart, each grantee shall file a
performance report with the Director explaining the activi-
ties carried out together with an assessment of the effective-
ness of such activities in achieving the purposes of this sub-
299
part. The Director shall suspend funding for an approved
application if an applicant fails to submit an annual per-
formance report.
‘‘(b) BUREAU REPORTING.—Not later than 180 days
after the end of each fiscal year for which grants are made
under this subpart, the Director shall submit to the Con-
gress a report that includes, for each grantee—
‘‘(1) the amount of grants made under this sub-
part;
‘‘(2) a summary of the purposes for which grants
were provided and an evaluation of progress; and
‘‘(3) an evaluation of the effectiveness of pro-
grams established with funds under this part.
‘‘SEC. 1804. DEFINITIONS.
‘‘For purposes of this part—
‘‘(1) the term ‘eligible entity’ means a nonprofit,
nongovernmental organization that directly serves or
provides advocacy on behalf of victims of rape or sex-
ual assault; and
‘‘(2) the term ‘sexual assault prevention and edu-
cation’ means education and prevention efforts di-
rected at reducing the number of sexual assaults.’’.
(b) AUTHORIZATION
OF
APPROPRIATION.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
300
Streets Act of 1968 (42 U.S.C. 3793), is amended by adding
at the end the following:
‘‘(13) There are authorized to be appropriated to carry
out the purposes of part R, $60,000,000 for fiscal year 1994,
$75,000,000 for fiscal year 1995, and $100,000,000 for fis-
cal year 1996.’’.
(c) ADMINISTRATIVE PROVISIONS.—(1) Section 801(b)
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968, as amended by section 1602 of this Act, is
amended by striking ‘‘O, and Q’’ and inserting ‘‘O, Q, and
R’’.
(2) Section 802(b) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968, as amended by section
1602 of this Act, is amended by striking ‘‘O, or Q’’ and
inserting ‘‘O, Q, or R’’.
(d) CONFORMING AMENDMENT.—The table of contents
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
1602, is amended by striking the matter relating to part
R and inserting the following:
‘‘PART R—RAPE PREVENTION PROGRAMS
‘‘Sec. 1801. Grant authorization.
‘‘Sec. 1802. Applications.
‘‘Sec. 1803. Reports.
‘‘Sec. 1804. Definitions.
‘‘PART S—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 1901. Continuation of rules, authorities, and proceedings.’’.
301
SEC. 1607. NATIONAL INSTITUTE OF JUSTICE TRAINING
PROGRAMS.
(a) IN GENERAL.—The National Institute of Justice,
after consultation with victim advocates and individuals
who have expertise in treating sex offenders, shall establish
criteria and develop training programs to assist probation
and parole officers and other personnel who work with re-
leased sex offenders in the areas of—
(1) case management;
(2) supervision; and
(3) relapse prevention.
(b) TRAINING PROGRAMS.—The Director of the Na-
tional Institute of Justice shall attempt, to the extent prac-
ticable, to make training programs developed under sub-
section (a) available in geographically diverse locations
throughout the country.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $1,000,000 for each of the
fiscal years 1994 and 1995 to carry out the provisions of
this section.
SEC. 1608. INFORMATION PROGRAMS.
The Attorney General shall compile information re-
garding sex offender treatment programs and ensure that
information regarding community treatment programs in
the community into which a convicted sex offender is re-
leased is made available to each person serving a sentence
302
of imprisonment in a Federal penal or correctional institu-
tion for a commission of an offense under chapter 109A of
title 18 of the United States Code or for the commission
of a similar offense, including halfway houses and psy-
chiatric institutions.
SEC. 1609. VICTIM COMPENSATION.
(a) IN GENERAL.—Chapter 109A of title 18, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 2247. Mandatory restitution for sex offenses
‘‘(a) IN GENERAL.—Notwithstanding section 3663 of
this title, and in addition to any other civil or criminal
penalty authorized by law, the court shall order restitution
for any offense under this chapter.
‘‘(b) SCOPE AND NATURE OF ORDER.—
‘‘(1) IN
GENERAL.—The order of restitution
under this section shall direct that—
‘‘(A) the defendant pay to the victim the
full amount of the victim’s losses as determined
by the court, pursuant to paragraph (3) of this
subsection; and
‘‘(B) the United States Attorney enforce the
restitution order by all available and reasonable
means.
303
‘‘(2) DEFINITIONS.—As used in this subsection,
the term ‘full amount of the victim’s losses’ includes
any costs incurred by the victim for—
‘‘(A) medical services relating to physical,
psychiatric, or psychological care;
‘‘(B) physical and occupational therapy or
rehabilitation;
‘‘(C) lost income;
‘‘(D) attorneys’ fees, plus any costs incurred
in obtaining a civil protection order;
‘‘(E) temporary housing;
‘‘(F) transportation;
‘‘(G) necessary child care;
‘‘(H) language translation services; and
‘‘(I) any other losses suffered by the victim
as a proximate result of the offense.
‘‘(3) MANDATORY NATURE OF ORDER.—(A) Res-
titution orders under this section are mandatory. A
court may not decline to issue an order under this
section because of—
‘‘(i) the economic circumstances of the de-
fendant; or
‘‘(ii) the fact that a victim has, or is enti-
tled to, receive compensation for his or her inju-
304
ries from the proceeds of insurance or any other
source.
‘‘(B) Subparagraph (A) of this paragraph does
not apply if—
‘‘(i) the court finds on the record that the
economic circumstances of the defendant do not
allow for the payment of any amount of a res-
titution order, and do not allow for the payment
of any amount of a restitution order in the fore-
seeable future (under any reasonable schedule of
payments); and
‘‘(ii) the court enters in its order the
amount of the victim’s losses, and provides a
nominal restitution award.
‘‘(4) 
CONSIDERATION
OF
ECONOMIC
CIR-
CUMSTANCES.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (3) of this subsection, the court may take
into account the economic circumstances of the
defendant in determining the manner in which
and the schedule according to which the restitu-
tion is to be paid, including—
‘‘(i) the financial resources and other
assets of the defendant;
305
‘‘(ii) projected earnings, earning ca-
pacity, and other income of the defendant;
and
‘‘(iii) any financial obligations of the
defendant, including obligations to depend-
ents.
‘‘(B) LUMP-SUM OR PARTIAL PAYMENT.—
An order under this section may direct the de-
fendant to make a single lump-sum payment or
partial payments at specified intervals. The
order shall also provide that the defendant’s
restitutionary obligation takes priority over any
criminal fine ordered.
‘‘(5) SETOFF.—Any amount paid to a victim
under this section shall be set off against any amount
later recovered as compensatory damages by the vic-
tim from the defendant in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the ex-
tent provided by the law of the State.
‘‘(c) PROOF OF CLAIM.—
‘‘(1) IN GENERAL.—Within 60 days after convic-
tion and, in any event, no later than 10 days prior
to sentencing, the United States Attorney (or dele-
gate), after consulting with the victim, shall prepare
306
and file an affidavit with the court listing the
amounts subject to restitution under this section. The
affidavit shall be signed by the United States Attor-
ney (or delegate) and the victim. Should the victim
object to any of the information included in the affi-
davit, the United States Attorney (or delegate) shall
advise the victim that the victim may file a separate
affidavit.
‘‘(2) OBJECTIONS.—If, after notifying the de-
fendant of the affidavit, no objection is raised by the
defendant, the amounts attested to in the affidavit
filed pursuant to paragraph (1) of this subsection
shall be entered in the court’s restitution order. If ob-
jection is raised, the court may require the victim or
the United States Attorney (or such Attorney’s dele-
gate) to submit further affidavits or other supporting
documents, demonstrating the victim’s losses.
‘‘(3) ADDITIONAL DOCUMENTATION AND TESTI-
MONY.—If the court concludes, after reviewing the
supporting documentation and considering the de-
fendant’s objections, that there is a substantial reason
for doubting the authenticity or veracity of the
records submitted, the court may require additional
documentation or hear testimony on those questions.
The privacy of any records filed, or testimony heard,
307
pursuant to this section, shall be maintained to the
greatest extent possible.
‘‘(4) FINAL DETERMINATION OF LOSSES.—In the
event that the victim’s losses are not ascertainable 10
days prior to sentencing as provided in subsection
(c)(1) of this section, the United States Attorney (or
delegate) shall so inform the court, and the court shall
set a date for the final determination of the victim’s
losses, not to exceed 90 days after sentencing. If the
victim subsequently discovers further losses, the victim
shall have 60 days after discovery of those losses in
which to petition the court for an amended restitution
order. Such order may be granted only upon a show-
ing of good cause for the failure to include such losses
in the initial claim for restitutionary relief.’’.
(b) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 109A of title 18, United States Code,
is amended by adding at the end the following:
‘‘2247. Mandatory restitution for sex offenses.’’.
SEC. 1610. CAMPUS SEXUAL ASSAULT STUDY.
(a) STUDY.—The Attorney General shall provide for
a national baseline study to examine the scope of the prob-
lem of campus sexual assaults and the effectiveness of insti-
tutional and legal policies in addressing such crimes and
protecting victims. The Attorney General may utilize the
Bureau of Justice Statistics, the National Institute of Jus-
308
tice, and the Office for Victims of Crime in carrying out
this section.
(b) REPORT.—Based on the study required by sub-
section (a), the Attorney General shall prepare a report in-
cluding an analysis of—
(1) the number of reported allegations and esti-
mated number of unreported allegations of campus
sexual assaults, and to whom the allegations are re-
ported (including authorities of the educational insti-
tution, sexual assault victim service entities, and local
criminal authorities);
(2) the number of campus sexual assault allega-
tions reported to authorities of educational institu-
tions which are reported to criminal authorities;
(3) the number of campus sexual assault allega-
tions that result in criminal prosecution in compari-
son with the number of noncampus sexual assault al-
legations that result in criminal prosecution;
(4) Federal and State laws or regulations per-
taining specifically to campus sexual assaults;
(5) the adequacy of policies and practices of edu-
cational institutions in addressing campus sexual as-
saults and protecting victims, including consideration
of—
309
(A) the security measures in effect at edu-
cational institutions, such as utilization of cam-
pus police and security guards, control over ac-
cess to grounds and buildings, supervision of stu-
dent activities and student living arrangements,
control over the consumption of alcohol by stu-
dents, lighting, and the availability of escort
services;
(B) the articulation and communication to
students of the institution’s policies concerning
sexual assaults;
(C) policies and practices that may prevent
or discourage the reporting of campus sexual as-
saults to local criminal authorities, or that may
otherwise obstruct justice or interfere with the
prosecution of perpetrators of campus sexual as-
saults;
(D) the nature and availability of victim
services for victims of campus sexual assaults;
(E) the ability of educational institutions’
disciplinary processes to address allegations of
sexual assault adequately and fairly;
(F) measures that are taken to ensure that
victims are free of unwanted contact with alleged
assailants, and disciplinary sanctions that are
310
imposed when a sexual assault is determined to
have occurred; and
(G) the grounds on which educational insti-
tutions are subject to lawsuits based on campus
sexual assaults, the resolution of these cases, and
measures that can be taken to avoid the likeli-
hood of lawsuits;
(6) an assessment of the policies and practices of
educational institutions that are most effective in ad-
dressing campus sexual assaults and protecting vic-
tims, including policies and practices relating to the
particular issues described in paragraph (5); and
(7) any recommendations the Attorney General
may have for reforms to address campus sexual as-
saults and protect victims more effectively, and any
other matters that the Attorney General deems rel-
evant to the subject of the study and report required
by this section.
(c) SUBMISSION OF REPORT.—The report required by
subsection (b) shall be submitted to the Committees on Edu-
cation and Labor and the Judiciary of the House of Rep-
resentatives and the Committees on Labor and Human Re-
sources and the Judiciary of the Senate not later than Sep-
tember 1, 1995.
311
(d) DEFINITION.—For purposes of this subtitle, ‘‘cam-
pus sexual assaults’’ means sexual assaults committed
against or by students or employees of institutions of post-
secondary education and occurring at such institutions or
during activities connected with such institutions.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $200,000 to carry out the
study required by this section.
Subtitle B—Safe Homes for Women
SEC. 1621. SHORT TITLE.
This subtitle may be cited as the ‘‘Safe Homes for
Women Act’’.
SEC. 1622. INTERSTATE ENFORCEMENT.
(a) IN GENERAL.—Part I of title 18, United States
Code, is amended by inserting after chapter 110 the follow-
ing new chapter:
‘‘CHAPTER 110A—DOMESTIC VIOLENCE
‘‘Sec. 2261. Interstate domestic violence.
‘‘Sec. 2262. Violation of protection order.
‘‘Sec. 2263. Pretrial release of defendant.
‘‘Sec. 2264. Restitution.
‘‘Sec. 2265. Full faith and credit given to protection orders.
‘‘Sec. 2266. Definitions for chapter.
‘‘§ 2261. Interstate domestic violence
‘‘(a) Whoever travels across a State line or enters or
leaves Indian country with the intent to contact that per-
son’s spouse or intimate partner, and in the course of that
contact intentionally commits a crime of violence and there-
312
by causes bodily injury to such spouse or intimate partner,
shall be punished as provided in subsection (b) of this sec-
tion.
‘‘(b) The punishment for a violation of subsection (a)
of this section is a fine under this title, or imprisonment—
‘‘(1) for life or any term of years, if the offender
murders the victim;
‘‘(2) for not more than 20 years, if the offender
causes serious bodily injury to the victim;
‘‘(3) for not more than 10 years, if the offender
uses a dangerous weapon during the offense;
‘‘(4) as provided for the applicable conduct
under chapter 109A, if the offense constitutes sexual
abuse, as described under chapter 109A (without re-
gard to whether the offense was committed in the spe-
cial maritime and territorial jurisdiction of the Unit-
ed States or in a Federal prison); and
‘‘(5) for not more than 5 years, in any other
case;
or both such fine and imprisonment.
‘‘§ 2262. Violation of protection order
‘‘(a) Whoever travels across a State line or enters or
leaves Indian country with the intent to engage in conduct
that—
313
‘‘(1)(A) violates a protection order, any portion
of which involves protection against credible threats of
violence, repeated harassment, or bodily injury, to the
person or persons for whom the protection order was
issued, and—
‘‘(B) violates that portion of such protection
order; or
‘‘(2) would violate paragraph (1) of this sub-
section if the conduct occurred in the jurisdiction in
which such order was issued;
and does engage in such conduct shall be punished as pro-
vided in subsection (b) of this section.
‘‘(b) The punishment for a violation of subsection (a)
of this section is a fine under this title, or imprisonment—
‘‘(1) for life or any term of years, if the offender
murders the victim;
‘‘(2) for not more than 20 years, if the offender
causes serious bodily injury to the victim;
‘‘(3) for not more than 10 years, if the offender
uses a dangerous weapon during the offense;
‘‘(4) as provided for the applicable conduct
under chapter 109A, if the offense constitutes sexual
abuse, as described under chapter 109A (without re-
gard to whether the offense was committed in the spe-
314
cial maritime and territorial jurisdiction of the Unit-
ed States or in a Federal prison); and
‘‘(5) for not more than 5 years, in any other
case;
or both such fine and imprisonment.
‘‘§ 2263. Pretrial release of defendant
‘‘In any proceeding pursuant to section 3142 of this
title for the purpose of determining whether a defendant
charged under this chapter shall be released pending trial,
or for the purpose of determining conditions of such release,
the alleged victim shall be given an opportunity to be heard
regarding the danger posed by the defendant.
‘‘§ 2264. Restitution
‘‘(a) IN GENERAL.—In addition to any fine or term
of imprisonment provided under this chapter, and notwith-
standing the terms of section 3663 of this title, the court
shall order restitution to the victim of an offense under this
chapter.
‘‘(b) SCOPE AND NATURE OF ORDER.—
‘‘(1) IN
GENERAL.—The order of restitution
under this section shall direct that—
‘‘(A) the defendant pay to the victim the
full amount of the victim’s losses as determined
by the court, pursuant to paragraph (3) of this
subsection; and
315
‘‘(B) the United States Attorney enforce the
restitution order by all available and reasonable
means.
‘‘(2) DEFINITION.—As used in this subsection,
the term ‘full amount of the victim’s losses’ includes
any costs incurred by the victim for—
‘‘(A) medical services relating to physical,
psychiatric, or psychological care;
‘‘(B) physical and occupational therapy or
rehabilitation;
‘‘(C) lost income;
‘‘(D) attorneys’ fees, plus any costs incurred
in obtaining a civil protection order;
‘‘(E) temporary housing;
‘‘(F) transportation;
‘‘(G) necessary child care;
‘‘(H) language translation services; and
‘‘(I) any other losses suffered by the victim
as a proximate result of the offense.
‘‘(3) MANDATORY NATURE OF ORDER.—(A) Res-
titution orders under this section are mandatory. A
court may not decline to issue an order under this
section because of—
‘‘(i) the economic circumstances of the de-
fendant; or
316
‘‘(ii) the fact that a victim has, or is enti-
tled to, receive compensation for his or her inju-
ries from the proceeds of insurance or any other
source.
‘‘(B) Subparagraph (A) of this paragraph does
not apply if—
‘‘(i) the court finds on the record that the
economic circumstances of the defendant do not
allow for the payment of any amount of a res-
titution order, and do not allow for the payment
of any amount of a restitution order in the fore-
seeable future (under any reasonable schedule of
payments); and
‘‘(ii) the court enters in its order the
amount of the victim’s losses, and provides a
nominal restitution award.
‘‘(4) 
CONSIDERATION
OF
ECONOMIC
CIR-
CUMSTANCES.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (3) of this subsection, the court may take
into account the economic circumstances of the
defendant in determining the manner in which
and the schedule according to which the restitu-
tion is to be paid, including—
317
‘‘(i) the financial resources and other
assets of the defendant;
‘‘(ii) projected earnings, earning ca-
pacity, and other income of the defendant;
and
‘‘(iii) any financial obligations of the
offender, including obligations to depend-
ents.
‘‘(B) LUMP-SUM OR PARTIAL PAYMENT.—
An order under this section may direct the de-
fendant to make a single lump-sum payment, or
partial payments at specified intervals. The
order 
shall 
provide 
that 
the 
defendant’s
restitutionary obligation takes priority over any
criminal fine ordered.
‘‘(5) SETOFF.—Any amount paid to a victim
under this section shall be setoff against any amount
later recovered as compensatory damages by the vic-
tim from the defendant in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the ex-
tent provided by the law of the State.
‘‘(c) PROOF OF CLAIM.—
‘‘(1) IN GENERAL.—Within 60 days after convic-
tion and, in any event, no later than 10 days before
318
sentencing, the United States Attorney (or such Attor-
ney’s delegate), after consulting with the victim, shall
prepare and file an affidavit with the court listing
the amounts subject to restitution under this section.
The affidavit shall be signed by the United States At-
torney (or the delegate) and the victim. Should the
victim object to any of the information included in
the affidavit, the United States Attorney (or the dele-
gate) shall advise the victim that the victim may file
a separate affidavit and assist the victim in the prep-
aration of that affidavit.
‘‘(2) OBJECTIONS.—If, after notifying the de-
fendant of the affidavit, no objection is raised by the
defendant, the amounts attested to in the affidavit
filed pursuant to paragraph (1) of this subsection
shall be entered in the court’s restitution order. If ob-
jection is raised, the court may require the victim or
the United States Attorney (or such Attorney’s dele-
gate) to submit further affidavits or other supporting
documents, demonstrating the victim’s losses.
‘‘(3) ADDITIONAL
DOCUMENTATION
OR
TESTI-
MONY.—If the court concludes, after reviewing the
supporting documentation and considering the de-
fendant’s objections, that there is a substantial reason
for doubting the authenticity or veracity of the
319
records submitted, the court may require additional
documentation or hear testimony on those questions.
The privacy of any records filed, or testimony heard,
pursuant to this section, shall be maintained to the
greatest extent possible.
‘‘(4) FINAL DETERMINATION OF LOSSES.—In the
event that the victim’s losses are not ascertainable 10
days before sentencing as provided in paragraph (1)
of this subsection, the United States Attorney (or such
Attorney’s delegate) shall so inform the court, and the
court shall set a date for the final determination of
the victim’s losses, not to exceed 90 days after sentenc-
ing. If the victim subsequently discovers further losses,
the victim shall have 90 days after discovery of those
losses in which to petition the court for an amended
restitution order. Such order may be granted only
upon a showing of good cause for the failure to in-
clude 
such 
losses 
in 
the 
initial 
claim 
for
restitutionary relief.
‘‘(d) RESTITUTION AND CRIMINAL PENALTIES.—An
award of restitution to the victim of an offense under this
chapter is not a substitute for imposition of punishment
under this chapter.
320
‘‘§ 2265. Full faith and credit given to protection or-
ders
‘‘(a) FULL FAITH AND CREDIT.—Any protection order
issued that is consistent with subsection (b) of this section
by the court of one State or Indian tribe (the issuing State
or Indian tribe) shall be accorded full faith and credit by
the court of another State or Indian tribe (the enforcing
State or Indian tribe) and enforced as if it were the order
of the enforcing State or tribe.
‘‘(b) PROTECTION ORDER.—A protection order issued
by a State or tribal court is consistent with this subsection
if—
‘‘(1) such court has jurisdiction over the parties
and matter under the law of such State or Indian
tribe; and
‘‘(2) reasonable notice and opportunity to be
heard is given to the person against whom the order
is sought sufficient to protect that person’s right to
due process. In the case of ex parte orders, notice and
opportunity to be heard must be provided within the
time required by State or tribal law, and in any
event within a reasonable time after the order is
issued, sufficient to protect the respondent’s due
process rights.
‘‘(c) CROSS
OR COUNTER PETITION.—A protection
order issued by a State or tribal court against one who has
321
petitioned, filed a complaint, or otherwise filed a written
pleading for protection against abuse by a spouse or inti-
mate partner is not entitled to full faith and credit if—
‘‘(1) no cross or counter petition, complaint, or
other written pleading was filed seeking such a pro-
tection order; or
‘‘(2) a cross or counter petition has been filed
and the court did not make specific findings that each
party was entitled to such an order.
‘‘§ 2266. Definitions for chapter
‘‘As used in this chapter—
‘‘(1) the term ‘spouse or intimate partner’ in-
cludes—
‘‘(A) a spouse, a former spouse, a person
who shares a child in common with the abuser,
a person who cohabits or has cohabited with the
abuser as a spouse, and any other person simi-
larly situated to a spouse; and
‘‘(B) any other person, other than a minor
child, who is protected by the domestic or family
violence laws of the State in which the injury oc-
curred or where the victim resides;
‘‘(2) the term ‘protection order’ includes any in-
junction or other order issued for the purpose of pre-
venting violent or threatening acts by one spouse
322
against his or her spouse, former spouse, or intimate
partner, including temporary and final orders issued
by civil and criminal courts (other than support or
child custody orders) whether obtained by filing an
independent action or as a pendente lite order in an-
other proceeding so long as any civil order was issued
in response to a complaint, petition or motion filed
by or on behalf of an abused spouse or intimate part-
ner;
‘‘(3) the term ‘State’ includes a State of the
United States, the District of Columbia, a common-
wealth, territory, or possession of the United States;
‘‘(4) the term ‘travel across State lines’ does not
include travel across State lines by an individual who
is a member of an Indian tribe when such individual
remains at all times in the territory of the Indian
tribe of which the individual is a member;
‘‘(5) the term ‘bodily harm’ means any act, ex-
cept one done in self-defense, that results in physical
injury or sexual abuse; and
‘‘(6) the term ‘Indian country’ has the meaning
given to such term by section 1151 of this title.’’.
(b) TABLE OF CHAPTERS.—The table of chapters at
the beginning of part I of title 18, United States Code, is
323
amended by inserting after the item for chapter 110 the fol-
lowing new item:
‘‘110A. Domestic violence ...................................................................... 2261.’’.
SEC. 1623. ENCOURAGING ARREST POLICIES.
(a) IN GENERAL.—Title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),
as amended by section 1606, is further amended by—
(1) redesignating part S as part T;
(2) redesignating section 1901 as section 2001;
and
(3) adding after part R the following new part:
‘‘PART S—GRANTS TO ENCOURAGE ARREST
POLICIES
‘‘SEC. 1901. ARREST POLICIES.
‘‘(a) GENERAL PROGRAM PURPOSE.—The purpose of
this part is to encourage States, Indian tribes, and units
of local government to treat domestic violence as a serious
violation of criminal law. The Director of the Bureau of
Justice Assistance may make grants to eligible States, In-
dian tribes, or units of local government for the following:
‘‘(1) 
To 
implement 
mandatory 
arrest 
or
proarrest programs, including mandatory arrest pro-
grams for protective order violations.
‘‘(2) To develop policies, and training in police
departments to improve tracking of cases involving
domestic violence.
324
‘‘(3) To centralize and coordinate police enforce-
ment, prosecution, or judicial responsibility for do-
mestic violence cases in groups or units of police offi-
cers, prosecutors, or judges.
‘‘(4) To strengthen legal advocacy service pro-
grams for victims of domestic violence.
‘‘(5) To educate judges in criminal and other
courts about domestic violence and to improve judi-
cial handling of such cases.
‘‘(b) ELIGIBILITY.—Eligible grantees are States, In-
dian tribes, or units of local government that—
‘‘(1) certify that their laws or official policies—
‘‘(A)(i) encourage or mandate arrest of do-
mestic violence offenders based on probable cause
that violence has been committed; or
‘‘(ii) certify that all their law enforcement
personnel have received domestic violence train-
ing conducted by a State Domestic Violence Coa-
lition as defined in section 10410(b) of title 42,
United States Code; and
‘‘(B) mandate arrest of domestic violence of-
fenders who violate the terms of a valid and out-
standing protection order;
325
‘‘(2) demonstrate that their laws, policies, or
practices, and training programs discourage dual ar-
rests of offender and victim;
‘‘(3) certify that their laws, policies, and prac-
tices prohibit issuance of mutual restraining orders of
protection except in cases where both spouses file a
claim and the court makes detailed finding of fact in-
dicating that both spouses acted primarily as aggres-
sors and that neither spouse acted primarily in self-
defense;
‘‘(4) certify that their laws, policies, and prac-
tices do not require, in connection with the prosecu-
tion of any misdemeanor or felony domestic violence
offense, that the abused bear the costs associated with
the filing of criminal charges or the service of such
charges on an abuser, or that the abused bear the costs
associated with the issuance or service of a warrant,
protection order, or witness subpoena; and
‘‘(5) certify that their laws and policies treat sex
offenses committed by offenders who are known to, co-
habitants of, or social companions of or related by
blood or marriage to, the victim no less severely than
sex offenses committed by offenders who are strangers
to the victim.
326
‘‘SEC. 1902. APPLICATIONS.
‘‘(a) APPLICATION.—An eligible grantee shall submit
an application to the Director that shall—
‘‘(1) describe plans to implement policies de-
scribed in subsection (b);
‘‘(2) identify the agency or office or groups of
agencies or offices responsible for carrying out the
program; and
‘‘(3) include documentation from nonprofit, pri-
vate sexual assault and domestic violence programs
demonstrating their participation in developing the
application, and identifying such programs in which
such groups will be consulted for development and im-
plementation.
‘‘(b) PRIORITY.—In awarding grants under this part,
the Director shall give priority to an applicant that—
‘‘(1) does not currently provide for centralized
handling of cases involving domestic violence by pol-
icy, prosecutors, and courts; and
‘‘(2) demonstrates a commitment to strong en-
forcement of laws, and prosecution of cases, involving
domestic violence.
‘‘SEC. 1903. REPORTS.
‘‘Each grantee receiving funds under this part shall
submit a report to the Director evaluating the effectiveness
of projects developed with funds provided under this part
327
and containing such additional information as the
Director may prescribe.
‘‘SEC. 1904. DEFINITIONS.
‘‘For purposes of this part—
‘‘(1) the term ‘domestic violence’ means a crime
of violence against a victim committed by a current
or former spouse of the victim, an individual with
whom the victim shares a child in common, an indi-
vidual who cohabits with or has cohabited with the
victim as a spouse, or any other individual similarly
situated to a spouse, or any other person who is pro-
tected under the domestic or family violence laws of
the eligible State, Indian tribe, municipality, or local
government entity; and
‘‘(2) the term ‘protection order’ includes any in-
junction issued for the purpose of preventing violent
or threatening acts of domestic violence including
temporary and final orders issued by civil and crimi-
nal courts (other than support or child custody provi-
sions) whether obtained by filing an independent ac-
tion or as a pendente lite order in another proceed-
ing.’’.
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
328
Streets Act of 1968 (42 U.S.C. 3793), is amended by adding
at the end the following:
‘‘(14) There are authorized to be appropriated
$25,000,000 for each of the fiscal years 1994, 1995, and
1996 to carry out the purposes of part S.’’.
(c) ADMINISTRATIVE PROVISIONS.—(1) Section 801(b)
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968, as amended by section 1606 of this Act, is
amended by striking ‘‘O, Q, and R’’ and inserting ‘‘O, Q,
R, and S’’.
(2) Section 802(b) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968, as amended by section
1606 of this Act, is amended by striking ‘‘O, Q, or R’’ and
inserting ‘‘O, Q, R, or S’’.
(d) EFFECTIVE DATE.—The eligibility requirements
provided in this section shall take effect 1 year after the
date of enactment of this subtitle.
(e) CONFORMING AMENDMENT.—The table of contents
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
1606, is further amended by striking the matter relating
to part S and inserting the following:
‘‘PART S—GRANTS TO ENCOURAGE ARREST POLICIES
‘‘Sec. 1901. Arrest policies.
‘‘Sec. 1902. Applications.
‘‘Sec. 1903. Reports.
‘‘Sec. 1904. Definitions.
329
‘‘PART T—TRANSITION; EFFECTIVE DATE; REPEALER
‘‘Sec. 2001. Continuation of rules, authorities, and proceedings.’’.
Subtitle C—Domestic Violence
SEC. 1624. FINDINGS.
The Congress finds that—
(1) domestic violence is the leading cause of in-
jury to women in the United States between the ages
of 15 and 44;
(2) firearms are used by the abuser in 7 percent
of domestic violence incidents and produces an ad-
verse effect on interstate commerce; and
(3) individuals with a history of domestic abuse
should not have easy access to firearms.
SEC. 1625. PROHIBITION AGAINST DISPOSAL OF FIREARMS
TO, OR RECEIPT OF FIREARMS BY, PERSONS
WHO HAVE COMMITTED DOMESTIC ABUSE.
(a) INTIMATE PARTNER DEFINED.—Section 921(a) of
title 18, United States Code, is amended by inserting at
the end the following:
‘‘(30) The term ‘intimate partner’ means, with respect
to a person, the spouse of the person, a former spouse of
the person, an individual who is a parent of a child of the
person, and an individual who cohabitates or has cohabited
with the person.’’.
(b) PROHIBITION AGAINST DISPOSAL OF FIREARMS.—
Section 922(d) of such title is amended—
330
(1) by striking ‘‘or’’ at the end of paragraph (6);
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘; or’’; and
(3) by inserting after paragraph (7) the follow-
ing:
‘‘(8) is subject to a court order that restrains
such person from harassing, stalking, or threatening
an intimate partner of such person, or engaging in
other conduct that would place an intimate partner
in reasonable fear of bodily injury, except that this
paragraph shall only apply to a court order that (A)
was issued after a hearing of which such person re-
ceived actual notice, and at which such person had
the opportunity to participate, and (B) includes a
finding that such person represents a credible threat
to the physical safety of such intimate partner.’’.
(c) PROHIBITION AGAINST RECEIPT OF FIREARMS.—
Section 922(g) of such title is amended—
(1) by striking ‘‘or’’ at the end of paragraph (6);
(2) by inserting ‘‘or’’ at the end of paragraph
(7); and
(3) by inserting after paragraph (7) the follow-
ing:
‘‘(8) who is subject to a court order that—
331
‘‘(A) was issued after a hearing of which
such person received actual or constructive no-
tice, and at which such person had an oppor-
tunity to participate;
‘‘(B) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person, or engaging in other conduct that
would place an intimate partner in reasonable
fear of bodily injury; and
‘‘(C) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner;’’.
(d) STORAGE OF FIREARMS.—Section 926(a) of such
title is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(1);
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (2) the follow-
ing:
‘‘(3) regulations providing for effective receipt
and secure storage of firearms relinquished by or
seized from persons described in subsection (d)(8) or
(g)(8) of section 922.’’.
332
(e) RETURN OF FIREARMS.—Section 924(d)(1) of such
title is amended by striking ‘‘the seized’’ and inserting ‘‘or
lapse of or court termination of the restraining order to
which he is subject, the seized or relinquished’’.
SEC. 1626. ALIEN SPOUSE PETITIONING RIGHTS FOR IMME-
DIATE RELATIVE OR SECOND PREFERENCE
STATUS.
(a) IN GENERAL.—Section 204(a)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1154(a)(1)) is amend-
ed—
(1) in subparagraph (A)—
(A) by inserting ‘‘(i)’’ after ‘‘(A)’’,
(B) by redesignating the second sentence as
clause (ii), and
(C) by adding at the end the following new
clause:
‘‘(iii) An alien who is the spouse of a citizen of the
United States, who is eligible to be classified as an imme-
diate relative under section 201(b)(2)(A)(i), and who has
resided in the United States with the alien’s spouse may
file a petition with the Attorney General under this sub-
paragraph for classification of the alien (and children of
the alien) under such section if the alien demonstrates to
the Attorney General that—
333
‘‘(I) the alien is residing in the United States,
the marriage between the alien and the spouse was
entered into in good faith by the alien, and during
the marriage the alien or a child of the alien has been
battered by or has been the subject of extreme cruelty
perpetrated by the alien’s spouse, or
‘‘(II) the alien is residing in the United States
with the alien’s spouse, the alien has been married to
and residing with the spouse for a period of not less
than 3 years, and the alien’s spouse has failed to file
a petition under clause (i) on behalf of the alien.’’;
and
(2) in subparagraph (B)—
(A) by inserting ‘‘(i)’’ after ‘‘(B)’’, and
(B) by adding at the end the following new
clause:
‘‘(ii) An alien who is the spouse of an alien lawfully
admitted for permanent residence, who is eligible for classi-
fication under section 203(a)(2)(A), and who has resided
in the United States with the alien’s legal permanent resi-
dent spouse may file a petition with the Attorney General
under this subparagraph for classification of the alien (and
children of the alien) under such section if the alien dem-
onstrates to the Attorney General that the conditions de-
334
scribed in subclause (I) or (II) of subparagraph (A)(iii) are
met with respect to the alien.’’.
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
204(a)(2) of such Act (8 U.S.C. 1154(a)(2)) is amended—
(A) in subparagraph (A), by striking ‘‘filed by
an alien who,’’ and inserting ‘‘for the classification of
the spouse of an alien if the alien,’’, and
(B) in subparagraph (B), by striking ‘‘by an
alien whose prior marriage’’ and inserting ‘‘for the
classification of the spouse of an alien if the prior
marriage of the alien’’.
(2) Section 201(b)(2)(A)(i) of such Act (8 U.S.C.
1151(b)(2)(A)(i)) is amended by striking ‘‘204(a)(1)(A)’’
and inserting ‘‘204(a)(1)(A)(ii)’’.
(c) SURVIVAL RIGHTS TO PETITION.— Section 204 of
the Immigration and Nationality Act (8 U.S.C. 1154) is
amended by adding at the end the following new subsection:
‘‘(h) The legal termination of a marriage may not be
the basis for revocation under section 205 of a petition filed
under subsection (a)(1)(A)(iii)(I) or a petition filed under
subsection (a)(1)(B)(ii) pursuant to conditions described in
subsection (a)(1)(A)(iii)(I).’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall take effect January 1, 1994.
335
SEC. 1627. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIV-
ER APPLICATIONS.
(a) IN GENERAL.—Section 216(c)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1186a(c)(4)) is amend-
ed by inserting after the second sentence the following: ‘‘In
acting on applications under this paragraph, the Attorney
General shall consider any credible evidence submitted in
support of the application (whether or not the evidence is
supported by an evaluation of a licensed mental health pro-
fessional). The determination of what evidence is credible
and the weight to be given that evidence shall be within
the sole discretion of the Attorney General.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment
of this Act and shall apply to applications made before,
on, or after such date.
SEC. 1628. SUSPENSION OF DEPORTATION.
Section 244(a) of the Immigration and Nationality
Act (8 U.S.C. 1254(a)) is amended—
(1) at the end of paragraph (1) by striking ‘‘or’’;
(2) at the end of paragraph (2) by striking the
period and inserting ‘‘; or’’; and
(3) by inserting after paragraph (2) the follow-
ing:
‘‘(3) is deportable under any law of the United
States except section 241(a)(1)(G) and the provisions
336
specified in paragraph (2); is physically present in
the United States; has been battered or subjected to
extreme cruelty in the United States by a spouse or
parent who is a United States citizen or lawful per-
manent resident; and proves that during all of such
time in the United States the alien was and is a per-
son of good moral character; and is a person whose
deportation would, in the opinion of the Attorney
General, result in extreme hardship to the alien or the
alien’s parent or child.’’.
Subtitle D—Miscellaneous
Provisions
SEC. 1641. REPORT ON CONFIDENTIALITY OF ADDRESSES
FOR VICTIMS OF DOMESTIC VIOLENCE.
(a) REPORT.—The Attorney General shall conduct a
study of the means by which abusive spouses may obtain
information concerning the addresses or locations of es-
tranged or former spouses, notwithstanding the desire of the
victims to have such information withheld to avoid further
exposure to abuse. Based on the study, the Attorney General
shall transmit a report to Congress including—
(1) the findings of the study concerning the
means by which information concerning the addresses
or locations of abused spouses may be obtained by
abusers; and
337
(2) analysis of the feasibility of creating effective
means of protecting the confidentiality of information
concerning the addresses and locations of abused
spouses to protect such persons from exposure to fur-
ther abuse while preserving access to such information
for legitimate purposes.
(b) USE
OF COMPONENTS.—The Attorney General
may use the National Institute of Justice and the Office
for Victims of Crime in carrying out this section.
SEC. 1642. REPORT ON RECORDKEEPING RELATING TO DO-
MESTIC VIOLENCE.
Not later than 1 year after the date of enactment of
this Act, the Attorney General shall complete a study of,
and shall submit to Congress a report and recommendations
on, problems of recordkeeping of criminal complaints in-
volving domestic violence. The study and report shall exam-
ine—
(1) the efforts that have been made by the De-
partment of Justice, including the Federal Bureau of
Investigation, to collect statistics on domestic violence;
and
(2) the feasibility of requiring that the relation-
ship between an offender and victim be reported in
Federal records of crimes of aggravated assault, rape,
and other violent crimes.
338
SEC. 1643. ESTABLISHMENT OF TASK FORCE.
Not later than 30 days after the date of enactment of
this Act, the Attorney General shall establish a task force
to be known as the Attorney General’s Task Force on Vio-
lence Against Women (referred to in this subtitle as the
‘‘Task Force’’).
SEC. 1644. GENERAL PURPOSES OF TASK FORCE.
(a) GENERAL PURPOSE OF THE TASK FORCE.—The
Task Force shall review Federal, State, and local strategies
for preventing and punishing violent crimes against
women, including the enhancement and protection of the
rights of the victims of such crimes, and make recommenda-
tions to improve the response to such crimes.
(b) FUNCTIONS.—The Task Force shall perform such
functions as the Attorney General deems appropriate to
carry out the purposes of the Task Force, including—
(1) evaluating the adequacy of, and making rec-
ommendations regarding, current law enforcement ef-
forts at the Federal and State levels to reduce the rate
of violent crimes against women;
(2) evaluating the adequacy of, and making rec-
ommendations regarding, the responsiveness of State
prosecutors and State courts to violent crimes against
women;
(3) evaluating the adequacy of State and Federal
rules of evidence, practice, and procedure to ensure
339
the effective prosecution and conviction of violent of-
fenders against women and to protect victims from
abuse in legal proceedings, making recommendations,
where necessary, to improve those rules;
(4) evaluating the adequacy of pretrial release,
sentencing, incarceration, and post-conviction release
for crimes that predominantly affect women, such as
rape and domestic violence;
(5) evaluating the adequacy of, and making rec-
ommendations regarding, the adequacy of State and
Federal laws on sexual assault and the need for a
more uniform statutory response to sex offenses, in-
cluding sexual assaults and other sex offenses commit-
ted by offenders who are known or related by blood
or marriage to the victim;
(6) evaluating the adequacy of, and making rec-
ommendations regarding, the adequacy of State and
Federal laws on domestic violence and the need for a
more 
uniform 
statutory 
response 
to 
domestic
violence;
(7) evaluating the adequacy of, and making rec-
ommendations regarding, the adequacy of current
education, prevention, and protection services for
women victims of violent crimes;
340
(8) assessing the issuance, formulation, and en-
forcement of protective orders, whether or not related
to a criminal proceeding, and making recommenda-
tions for their more effective use in domestic violence
and stalking cases;
(9) assessing the problem of stalking and persist-
ent menacing and recommending an effective Federal
response to the problem;
(10) evaluating the adequacy of, and making rec-
ommendations regarding, the national public aware-
ness and the public dissemination of information es-
sential to the prevention of violent crimes against
women;
(11) evaluating the treatment of women as vic-
tims of violent crime in the State and Federal crimi-
nal justice system, and making recommendations to
improve such treatment; and
(12) assessing the problem of sexual exploitation
of women and youths through prostitution and in the
production of pornography, and recommending effec-
tive means of response to the problem.
SEC. 1645. MEMBERSHIP.
(a) CHAIR; NUMBER AND APPOINTMENT.—The Task
Force shall be chaired by the Attorney General (or designee).
Not later than 60 days after the date of the enactment of
341
this Act, after consultation with the Secretary of Health and
Human Services, the Secretary of Education, and the Sec-
retary of Housing and Urban Development, the Attorney
General shall select up to 14 other members to serve on the
Task Force.
(b) PARTICIPATION.—The Attorney General (or des-
ignee) shall select, without regard to political affiliation,
members who are specially qualified to serve on the Task
Force based on their involvement in efforts to combat vio-
lence against women, assistance or service to victims of such
violence, or other pertinent experience or expertise. The At-
torney General shall ensure that the Task Force includes
a broad base of participation by including members with
backgrounds in such areas as law enforcement, victim serv-
ices and advocacy, legal defense and prosecution, judicial
administration, medical services, and counseling.
(c) VACANCIES.—The Attorney General may fill any
vacancy that occurs on the Task Force.
SEC. 1646. TASK FORCE OPERATIONS.
(a) MEETINGS.—The Task Force shall hold its first
meeting on a date specified by the Attorney General (or des-
ignee), but shall not be later than 60 days after the date
of the enactment of this Act. After the initial meeting, the
Task Force shall meet at the call of the Attorney General
(or designee), but shall meet at least 6 times.
342
(b) PAY.—Members of the Task Force who are officers
or employees or elected officials of a government entity shall
receive no additional compensation by reason of their serv-
ice on the Task Force.
(c) PER DIEM.—Except as provided in subsection (b),
members of the Task Force shall be allowed travel and other
expenses including per diem in lieu of subsistence, at rates
authorized for employees of agencies under sections 5702
and 5703 of title 5, United States Code.
SEC. 1647. REPORTS.
(a) IN GENERAL.—Not later than 1 year after the date
on which the Task Force is fully constituted under section
1645, the Task Force shall prepare and submit a final re-
port to the President and to congressional committees that
have jurisdiction over legislation addressing violent crimes
against 
women, 
including 
the 
crimes 
of
domestic and sexual assault.
(b) CONTENTS.—The final report submitted under
paragraph (1) shall contain a detailed statement of the ac-
tivities of the Task Force and of the findings and conclu-
sions of the Task Force, including such recommendations
for legislation and administrative action as the Task Force
considers appropriate.
SEC. 1648. EXECUTIVE DIRECTOR AND STAFF.
(a) EXECUTIVE DIRECTOR.—
343
(1) APPOINTMENT.—The Task Force shall have
an Executive Director who shall be appointed by the
Attorney General (or designee), with the approval of
the Task Force.
(2) COMPENSATION.—The Executive Director
shall be compensated at a rate not to exceed the maxi-
mum rate of the basic pay payable for a position
above GS–15 of the General Schedule contained in
title 5, United States Code.
(b) STAFF.—With the approval of the Task Force, the
Executive Director may appoint and fix the compensation
of such additional personnel as the Executive Director con-
siders necessary to carry out the duties of the Task Force.
(c) APPLICABILITY OF CIVIL SERVICE LAWS.—The Ex-
ecutive Director and the additional personnel of the Task
Force appointed under subsection (b) may be appointed
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service,
and may be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of such title relating
to classification and General Schedule pay rates.
(d) CONSULTANTS.—Subject to such rules as may be
prescribed by the Task Force, the Executive Director may
procure temporary or intermittent services under section
344
3109(b) of title 5, United States Code, at rates for individ-
uals not to exceed $200 per day.
SEC. 1649. POWERS OF TASK FORCE.
(a) HEARINGS.—For the purposes of carrying out this
subtitle, the Task Force may conduct such hearings, sit and
act at such times and places, take such testimony, and re-
ceive such evidence, as the Task Force considers appro-
priate. The Task Force may administer oaths for testimony
before the Task Force.
(b) DELEGATION.—Any member or employee of the
Task Force may, if authorized by the Task Force, take any
action that the Task Force is authorized to take under this
subtitle.
(c) ACCESS TO INFORMATION.—The Task Force may
request directly from any executive department or agency
such information as may be necessary to enable the Task
Force to carry out this subtitle, on the request of the
Attorney General (or designee).
(d) MAILS.—The Task Force may use the United
States mails in the same manner and under the same condi-
tions as other departments and agencies of the United
States.
SEC. 1650. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out
this subtitle $500,000 for fiscal year 1994.
345
SEC. 1651. TERMINATION.
The Task Force shall cease to exist 30 days after the
date on which its final report is submitted under section
1647.
SEC. 1652. PAYMENT OF COST OF STD TESTING FOR VIC-
TIMS IN SEX OFFENSE CASES.
Section 503(c)(7) of the Victims’ Rights and Restitu-
tion Act of 1990 (42 U.S.C. 10607(c)(7)) is amended by
adding at the end the following: ‘‘The Attorney General
shall authorize the Director of the Office of Victims of Crime
to provide for the payment of the cost of up to two tests
of the victim for sexually transmitted diseases, including,
but not limited to gonorrhea, herpes, chlamydia, syphilis,
and HIV, during the 12 months following sexual assaults
that pose a risk of transmission, and the cost of a counseling
session by a medically trained professional on the accuracy
of such tests and the risk of transmission of sexually trans-
mitted diseases to the victim as the result of the assault.’’.
SEC. 
1653. 
NATIONAL 
DOMESTIC 
VIOLENCE 
HOTLINE
GRANT.
(a) FINDINGS.—Congress finds that—
(1) 4,000,000 women are battered by their part-
ners each year, of which 4,000 die as a result of such
abuse;
346
(2) victims of domestic violence need access to re-
sources which will refer such victims and their chil-
dren to safe homes and shelters; and
(3) there is a need for a national domestic vio-
lence hotline to provide information and assistance to
victims of domestic violence because a privately fund-
ed national domestic violence hotline which handled
more than 65,000 crisis calls annually no longer
exists.
(b) IN GENERAL.—The Attorney General, through the
Bureau of Justice Assistance, shall provide a grant to a
nonprofit private organization to establish and operate a
national, toll-free telephone hotline to provide information
and assistance to victims of domestic violence. A grant pro-
vided under this subsection may extend over a period of
not more than 3 fiscal years and the provision of payments
under such grant shall be subject to annual approval by
the Attorney General and subject to the availability of
appropriations for the fiscal year involved to make the
payments.
(c) APPLICATION.—
(1) IN GENERAL.—The Attorney General may
not provide a grant under subsection (b) unless an
application that meets the requirements of paragraph
347
(2) 
has 
been 
approved 
by 
the 
Attorney
General.
(2) REQUIREMENTS.—An application meets the
requirements of this paragraph if the application—
(A) contains such agreements, assurances,
and information, and is in such form and sub-
mitted in such manner as the Attorney General
shall prescribe through notice in the Federal
Register;
(B) demonstrates that the applicant has na-
tionally recognized expertise in the area of do-
mestic violence and a record of high quality serv-
ice to victims of domestic violence, including
support from advocacy groups, particularly
State coalitions and recognized national domes-
tic violence groups;
(C) demonstrates that the applicant has a
commitment to diversity, including the hiring of
and provision of services to ethnic, racial, cul-
tural, and non-English speaking minorities, in
addition to older individuals and individuals
with disabilities;
(D) demonstrates that the applicant has the
ability to integrate the hotline into existing serv-
348
ices provided by the applicant to victims of do-
mestic violence;
(E) includes a complete description of the
applicant’s plan for the establishment and oper-
ation of the hotline, including a description of—
(i) the hiring criteria and training
program for hotline personnel;
(ii) the methods for the creation, main-
tenance, and updating of a resource
database for the hotline;
(iii) a plan for providing service on a
24-hour-a-day basis to non-English speak-
ing callers, including hotline personnel who
speak Spanish;
(iv) a plan for access to the hotline by
individuals with hearing impairments; and
(v) a plan for publicizing the avail-
ability of the hotline; and
(F) contains such other information as the
Attorney General may require.
(d) SELECTION.—The Attorney General shall select a
nonprofit private organization to receive a grant under sub-
section (b) which has been in existence for at least 5 years
from the date of submission of the application by the orga-
nization.
349
(e) USES.—A grant made under subsection (b) shall
be used to establish and operate a national, toll-free tele-
phone hotline to provide information and assistance to vic-
tims of domestic violence. In establishing and operating the
hotline, a nonprofit private organization shall—
(1) contract with a carrier for the use of a toll-
free telephone line;
(2) employ, train, and supervise personnel to an-
swer incoming calls and provide counseling and refer-
ral services to callers on a 24-hour-a-day basis;
(3) establish, maintain, and update a database
of information relating to services for victims of do-
mestic violence, including information on the avail-
ability of shelters that serve battered women; and
(4) publicize the hotline to potential users
throughout the United States.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section $1,000,000 for
each of the fiscal years 1994 through 1996.
(2) AVAILABILITY.—Funds authorized to be ap-
propriated under paragraph (1) shall remain avail-
able until expended.
350
SEC. 1654. GRANTS FOR COMMUNITY PROGRAMS ON DO-
MESTIC VIOLENCE.
(a) IN GENERAL.—Title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),
as 
amended 
by 
section 
1623 
of 
this 
Act, 
is
amended by—
(1) redesignating part T as part U;
(2) redesignating section 2001 as section 2101;
and
(3) adding after part S the following new part:
‘‘PART T—GRANTS FOR COMMUNITY PROGRAMS
ON DOMESTIC VIOLENCE.
‘‘SEC. 2001. GRANT AUTHORITY.
‘‘The Director shall provide grants to establish projects
in local communities involving many sectors of each com-
munity to coordinate intervention and prevention of domes-
tic violence.
‘‘SEC. 2002. APPLICATIONS.
‘‘(a) IN GENERAL.—An organization that desires to re-
ceive a grant under this section shall submit to the Director
an application, in such form and in such manner as the
Director may reasonably require that—
‘‘(1) demonstrates that the applicant will serve a
community leadership function, bringing together
opinion leaders from each sector of the community to
351
develop a coordinated community consensus opposing
domestic violence;
‘‘(2) demonstrates a community action compo-
nent to improve and expand current intervention and
prevention strategies through increased communica-
tion and coordination among all affected sectors;
‘‘(3) includes a complete description of the appli-
cant’s plan for the establishment and operation of the
community project, including a description of—
‘‘(A) the method for identification and selec-
tion of an administrative committee made up of
persons knowledgeable in domestic violence to
oversee the project, hire staff, assure compliance
with the project outline, and secure annual eval-
uation of the project;
‘‘(B) the method for identification and selec-
tion of project staff and a project evaluator;
‘‘(C) the method for identification and selec-
tion of a project council consisting of representa-
tives of the community sectors listed in sub-
section (b)(2);
‘‘(D) the method for identification and se-
lection of a steering committee consisting of rep-
resentatives of the various community sectors
352
who will chair subcommittees of the project coun-
cil focusing on each of the sectors; and
‘‘(E) a plan for developing outreach and
public education campaigns regarding domestic
violence; and
‘‘(4) contains such other information, agree-
ments, and assurances as the Director may require.
‘‘(b) ELIGIBILITY.—To be eligible for a grant under
this section, such application shall include—
‘‘(1) an assurance that the applicant is a non-
profit private organization organized for the purpose
of coordinating community projects for the interven-
tion in and prevention of domestic violence; and
‘‘(2) an assurance that such nonprofit organiza-
tion includes representation from pertinent sectors of
the local community, including—
‘‘(A) health care providers;
‘‘(B) the education community;
‘‘(C) the religious community;
‘‘(D) the justice system;
‘‘(E) domestic violence program advocates;
‘‘(F) human service entities such as State
child services divisions; and
‘‘(G) business and civic leaders.