I
103D CONGRESS
2D SESSION
H. R. 4033
To assist in the prevention of crime by initiating a comprehensive community
justice program.
IN THE HOUSE OF REPRESENTATIVES
MARCH 15, 1994
Mr. SCHUMER introduced the following bill; which was referred jointly to the
Committees on the Judiciary, Education and Labor, Energy and Com-
merce, Banking, Finance and Urban Affairs, and Government Operations
A BILL
To assist in the prevention of crime by initiating a
comprehensive community justice program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Crime Prevention and
Community Justice Act of 1994’’.
TITLE I—MODEL INTENSIVE
GRANT PROGRAMS
SEC. 101. GRANT AUTHORIZATION.
(a) ESTABLISHMENT.—The Attorney General, who
may consult with the Secretary of Health and Human
Services and the Secretary of Housing and Urban Devel-
opment, is authorized to award grants to not more than
15 chronic high intensive crime areas to develop com-
prehensive model crime prevention programs that—
(1) involve and utilize a broad spectrum of com-
munity resources, including nonprofit community or-
ganizations, law enforcement organizations, and ap-
propriate State and Federal agencies;
(2) attempt to relieve conditions that encourage
crime; and
(3) provide meaningful and lasting alternatives
to involvement in crime.
(b) PRIORITY.—In awarding grants described in sub-
section (a), the Attorney General shall give priority to pro-
posals that—
(1) are innovative in approach to the prevention
of crime in a specific area; and
(2) vary in approach to ensure that compari-
sons of different models may be made.
SEC. 102. USES OF FUNDS.
(a) IN GENERAL.—Funds awarded under this title
may be used only for purposes described in an approved
application. The intent of grants under this title is to fund
intensively comprehensive crime prevention programs in
chronic high intensive crime areas.
(b) GUIDELINES.—The Attorney General shall issue
and publish in the Federal Register guidelines that de-
scribe suggested purposes for which funds under approved
programs may be used.
SEC. 103. PROGRAM REQUIREMENTS.
(a) DESCRIPTION.—An applicant shall include a de-
scription of the distinctive factors that contribute to
chronic violent crime within the area proposed to be served
by the grant. Such factors may include lack of alternative
activities and programs for youth, deterioration or lack of
public facilities, inadequate public services such as public
transportation, street lighting, community-based sub-
stance abuse treatment facilities, or employment services
offices, and inadequate police or public safety services,
equipment, or facilities.
(b) COMPREHENSIVE PLAN.—An applicant shall in-
clude a comprehensive, community-based plan to attack
intensively the principal factors identified in subsection
(a). Such plans shall describe the specific purposes for
which funds are proposed to be used and how each pur-
pose will address specific factors. The plan also shall speci-
fy how local nonprofit organizations, government agencies,
private businesses, citizens groups, volunteer organiza-
tions, and interested citizens will cooperate in carrying out
the purposes of the grant.
(c) EVALUATION.—An applicant shall include an
evaluation plan by which the success of the plan will be
measured, including the articulation of specific, objective
indicia of performance, how the indicia will be evaluated,
and a projected timetable for carrying out the evaluation.
SEC. 104. APPLICATIONS.
To request a grant under this title the chief local
elected official of an area shall—
(1) prepare and submit to the Attorney General
an application in such form, at such time, and in ac-
cordance with such procedures, as the Attorney Gen-
eral shall establish; and
(2) provide an assurance that funds received
under this title shall be used to supplement, not sup-
plant, non-Federal funds that would otherwise be
available for programs funded under this title.
SEC. 105. REPORTS.
Not later than December 31, 1998, the Attorney
General shall prepare and submit to the Committees on
the Judiciary of the House and Senate an evaluation of
the model programs developed under this title and make
recommendations regarding the implementation of a na-
tional crime prevention program.
SEC. 106. DEFINITIONS.
For purposes of this title:
(1) CHRONIC HIGH INTENSITY CRIME AREA.—
The term ‘‘chronic high intensity crime area’’ is an
area that meets criteria defined under regulations is-
sued by the Attorney General. The criteria adopted
by the Attorney General shall, at a minimum, define
areas with—
(A) consistently high rates of violent crime
as reported in the Federal Bureau of Investiga-
tion’s ‘‘Uniform Crime Reports’’, and
(B) chronically high rates of poverty as de-
termined by the Bureau of the Census.
(2) CHIEF
LOCAL
ELECTED
OFFICIAL.—The
term ‘‘chief local elected official’’ means an official
designated under regulations issued the Attorney
General. The criteria used by the Attorney General
in promulgating such regulations shall ensure ad-
ministrative efficiency and accountability in the ex-
penditure of funds and execution of funded projects
under this title.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this title $300,000,000 for each the fiscal years 1995,
1996, 1997, 1998, and 1999.
TITLE II—OUNCE OF
PREVENTION GRANT PROGRAMS
Subtitle A—Ounce of Prevention
Grant Programs
SEC. 201. OUNCE OF PREVENTION COUNCIL.
(a) IN GENERAL.—(1) The Secretary of Health and
Human Services shall convene an interagency Task Force
to be known as the Ounce of Prevention Council, which
shall be chaired by the Attorney General, the Secretary
of Education, and the Secretary of Health and Human
Services, and which also shall include the Secretary of
Housing and Urban Development, the Secretary of Labor,
the Secretary of Agriculture, and the Director of the Of-
fice of National Drug Control Policy.
(2) The Council may employ any necessary staff to
carry out its functions.
(3) The Council may delegate any of its functions or
powers to a member or members of the Council.
(b) ADMINISTRATIVE RESPONSIBILITIES AND POW-
ERS.—The Council shall advise and counsel the Secretary
regarding administration of the programs established by
this title. In consultation with the Council, the Secretary
may issue regulations and guidelines to carry out this title,
including specifications concerning application require-
ments, selection criteria, duration and renewal of grants,
evaluation requirements, matching funds, limitation of ad-
ministrative expenses, submission of reports by grantees,
recordkeeping by grantees, and access to books, records,
and documents maintained by grantees or other persons
for purposes of audit or examination.
(c) TARGETING OF ASSISTANCE FOR DISTRESSED
COMMUNITIES
AND
INDIVIDUALS
WITH
PARTICULAR
NEEDS.—In consultation with the Council, the Secretary
shall adopt regulations or guidelines to ensure that fund-
ing provided under this title shall be used primarily for—
(1) assistance in communities that are dis-
tressed as indicated by such factors as high
incidences of crime, juvenile delinquency, gang in-
volvement, substance abuse, unemployment, school
dropouts, or pregnancy among adolescents; and
(2) assistance for individuals in any area who
are particularly in need of the assistance for such
reasons as involvement in juvenile delinquency,
gangs, or substance abuse, unemployability, drop-
ping out of school, or pregnancy during adolescence,
or being at risk of such conditions.
SEC. 202. OUNCE OF PREVENTION GRANT PROGRAM.
(a) IN GENERAL.—The Secretary, on behalf of the
Council, may make grants to States, local governments,
educational institutions, eligible coalitions, and other pub-
lic and private entities, for—
(1) summer and after-school (including weekend
and holiday education and recreation) programs;
(2) mentoring, tutoring, and other programs in-
volving participation by adult role models;
(3) programs assisting and promoting employ-
ability and job placement; and
(4) substance abuse treatment and prevention,
including outreach programs for at-risk families.
(b) PRIORITY.—In making such grants, the Secretary
shall give preference to eligible coalitions as defined in
subsection (c).
(c) DEFINITION.—For purposes of this section, the
term ‘‘eligible coalition’’ means an association, consisting
of at least 9 community-based and social service organiza-
tions, that have a coordinated team approach to reducing
gang membership and the effects of substance abuse, and
providing alternatives to at-risk youth.
SEC. 203. TECHNICAL ASSISTANCE, TRAINING, AND EVAL-
UATION.
(a) TECHNICAL ASSISTANCE AND TRAINING.—The
Secretary on behalf of the Council may provide technical
assistance and training in furtherance of the purposes of
this title.
(b) EVALUATIONS.—In addition to any evaluation re-
quirements that may be prescribed for grantees, the Sec-
retary may carry out or make arrangements for evalua-
tions of programs that receive support under this title, in-
cluding assessments of the effectiveness of the programs
in reducing delinquency, gang involvement, substance
abuse, school drop-out rates, and adolescent pregnancy,
and in increasing employability and employment.
(c) ADMINISTRATION.—The technical assistance,
training, and evaluations authorized by this section may
be carried out directly by the Secretary, the Council or
any of its members, or through grants, contracts, or other
cooperative arrangements with other entities.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated $150,000,000 for each of the fiscal years 1995
through 1999 to carry out the purposes of this title.
(b) ADDITIONAL AUTHORIZATIONS.—In addition to
the amounts authorized under subsection (a)—
(1) there are authorized to be appropriated
$100,000,000 for each of such fiscal years to carry
out the purposes of subtitle B; and
(2) there are authorized to be appropriated
$5,000,000 for each of such fiscal years for the ad-
ministrative costs of the Council established under
subtitle A.
Subtitle B—Family and Community
Endeavor Schools Grant Program
SEC. 211. PROGRAM AUTHORITY.
(a) IN GENERAL.—
(1) ALLOCATIONS FOR STATES.—For a fiscal
year in which the sums reserved by the Secretary
from the amounts appropriated for this title to carry
out this section equal or exceed $20,000,000, the
Secretary shall allocate to community-based organi-
zations in each State, an amount bearing the same
ratio to such sums as the number of children in the
State who are from families with incomes below the
poverty line bears to the number of children in all
States who are from families with incomes below the
poverty line.
(2) GRANTS TO COMMUNITY-BASED ORGANIZA-
TIONS FROM ALLOCATIONS.—For such a fiscal year,
the Secretary may award grants from the appro-
priate State allocation determined under paragraph
(1) on a competitive basis to eligible community-
based organizations to pay for the Federal share of
assisting eligible communities to develop and carry
out programs in accordance with this section.
(3) REALLOCATION.—If, at the end of such a
fiscal year, the Secretary determines that funds allo-
cated for community-based organizations in a State
remain unobligated, the Council may use such funds
to award grants to eligible community-based organi-
zations in another State to pay for such Federal
share. Amounts made available through such grants
shall remain available until expended.
(b) OTHER FISCAL YEARS.—For any fiscal year in
which the sums reserved by the Secretary from amounts
appropriated for this title to carry out this section are less
than $20,000,000, the Secretary may award grants on a
competitive basis to eligible community-based organiza-
tions to pay for the Federal share of assisting eligible com-
munities to develop and carry out programs in accordance
with this section.
SEC. 212. PROGRAM REQUIREMENTS.
(a) LOCATION.—A community-based organization
that receives a grant under this section to assist in carry-
ing out such a program shall ensure that the program is
carried out—
(1) where appropriate, in the facilities of a pub-
lic school; or
(2) in another appropriate local facility in a
State, such as a college or university, a local or
State park or recreation center, church, or military
base, that is—
(A) in a location that is easily accessible to
children in the community; and
(B) in compliance with all applicable local
ordinances.
(b) USE OF FUNDS.—Such community-based organi-
zation—
(1) shall use funds made available through the
grant to provide, to children in the eligible commu-
nity, services and activities that—
(A) shall include supervised sports pro-
grams, and extracurricular and academic pro-
grams, that are offered—
(i) after school and on weekends and
holidays, during the school year; and
(ii) as daily full-day programs (to the
extent available resources permit) or as
part-day programs, during the summer
months;
(2) in providing such extracurricular and aca-
demic programs, shall provide programs such as cur-
riculum-based 
supervised 
educational 
programs,
work force preparation, entrepreneurship, cultural
programs, arts and crafts, and health programs,
dance programs, tutorial and mentoring programs,
and other related activities;
(3) may use such funds—
(A) for the renovation of facilities that are
in existence prior to the operation of the pro-
gram for which the organization receives the
grant; and
(B) to develop or expand school programs
(including programs that provide a variety of
additional services to help meet the comprehen-
sive needs of students, such as homework as-
sistance and after-school programs (including
educational, social, and athletic activities), nu-
trition services, family counseling, and parental
training programs) that are designed to im-
prove academic and social development of at-
risk children by instituting a collaborative
structure that trains and coordinates the efforts
of teachers, administrators, social workers,
guidance counselors, parents, and school volun-
teers to provide concurrent social services for
at-risk students in the daily academic curricu-
lum at public schools in the eligible community;
and
(4) may not use such funds to provide sectarian
worship or instruction.
SEC. 213. ELIGIBLE COMMUNITY IDENTIFICATION.
(a) IDENTIFICATION.—To be eligible to receive a
grant under this section, a community-based organization
shall identify an eligible community to be assisted under
this section.
(b) CRITERIA.—Such eligible community shall be an
area that meets such criteria with respect to significant
poverty and significant juvenile delinquency, and such
additional criteria, as the Secretary may by regulation
require.
SEC. 214. APPLICATIONS.
(a) APPLICATION REQUIRED.—To be eligible to re-
ceive a grant under this section, a community-based orga-
nization shall submit an application to the Secretary at
such time, in such manner, and accompanied by such in-
formation, as the Secretary may reasonably require, and
obtain approval of such application.
(b) CONTENTS OF APPLICATION.—Each application
submitted pursuant to paragraph (1) shall—
(1) describe the activities and services to be
provided through the program for which the grant is
sought;
(2) contain an assurance that the community-
based organization will spend grant funds received
under this section in a manner that the community-
based organization determines will best accomplish
the objectives of this section;
(3) contain a comprehensive plan for the pro-
gram that is designed to achieve identifiable goals
for children in the eligible community;
(4) set forth measurable goals and outcomes for
the program that—
(A) will—
(i) where appropriate, make a public
school the focal point of the eligible com-
munity; or
(ii) make a local facility described in
section 212(a)(2) such a focal point; and
(B) may include reducing the percentage
of children in the eligible community that enter
the juvenile justice system, increasing the grad-
uation rates, school attendance, and academic
success of children in the eligible community,
and improving the skills of program partici-
pants;
(5) provide evidence of support for accomplish-
ing such goals and outcomes from—
(A) community leaders;
(B) businesses;
(C) a school district;
(D) local officials;
(E) State officials; and
(F) other organizations that the commu-
nity-based organization determines to be appro-
priate;
(6) contain an assurance that the community-
based organization will use grant funds received
under this section to provide children in the eligible
community with activities and services that shall in-
clude supervised sports programs, and extra-
curricular and academic programs, in accordance
with section 212(b);
(7) contain a list of the activities and services
that will be offered through the program for which
the grant is sought and sponsored by private non-
profit organizations, individuals, and groups serving
the eligible community, including—
(A) extracurricular and academic pro-
grams, such as programs described in section
212(b)(2); and
(B) activities that address specific needs in
the community;
(8) demonstrate the manner in which the com-
munity-based organization will make use of the re-
sources, expertise, and commitment of private enti-
ties in carrying out the program for which the grant
is sought;
(9) include an estimate of the number of chil-
dren in the eligible community expected to be served
pursuant to the program;
(10) include a description of charitable private
resources, and all other resources, that will be made
available to achieve the goals of the program;
(11) contain an assurance that the community-
based organization will use competitive procedures
when purchasing, contracting, or otherwise providing
for goods, activities, or services to carry out pro-
grams under this section;
(12) contain an assurance that the program will
maintain a staff-to-participant ratio that is appro-
priate to the activity or service provided by the
program;
(13) contain an assurance that the community-
based organization will comply with any evaluation
under section 219, any research effort authorized
under Federal law, and any investigation by the
Secretary;
(14) contain an assurance that the community-
based organization shall prepare and submit to the
Secretary an annual report regarding any program
conducted under this section;
(15) contain an assurance that the program for
which the grant is sought will, to the maximum ex-
tent possible, incorporate services that are—
(A) provided by program volunteers, par-
ents, adult mentors, social workers, drug and
alcohol abuse counselors, teachers, or other per-
sons providing tutoring and college or voca-
tional preparation; and
(B) provided solely through non-Federal
private and nonprofit sources; and
(16) contain an assurance that the community-
based organization will maintain separate accounting
records for the program.
(c) PRIORITY.—In awarding grants to carry out pro-
grams under this section, the Secretary shall give priority
to community-based organizations who submit applica-
tions that demonstrate the greatest effort in generating
local support for the programs.
SEC. 215. ELIGIBILITY OF PARTICIPANTS.
(a) IN GENERAL.—To the extent possible, each child
who resides in an eligible community shall be eligible to
participate in a program carried out in such community
that receives assistance under this section.
(b) EXCLUSION.—
(1) NONDISCRIMINATION.—Except as provided
in paragraph (2), in selecting children to participate
in a program that receives assistance under this sec-
tion, a community-based organization shall not dis-
criminate on the basis of race, color, religion, sex,
national origin, or disability.
(2) EXCEPTION.—In selecting children to par-
ticipate in a program that receives assistance under
this section, a community-based organization may
exclude a child from participation in such a program
if the organization determines that the child has be-
havior problems that pose an unacceptable risk of
injury or illness to other participants or has a phys-
ical or mental disability so serious that the child
would be unable to participate in the program with
reasonable accommodation.
(3) PARENTAL
APPROVAL.—To be eligible to
participate in a program that receives assistance
under this section, a child shall provide the express
written approval of a parent or guardian, and shall
submit an official application that agrees to the
terms and conditions of participation in the pro-
gram.
SEC. 216. PEER REVIEW PANEL.
(a) ESTABLISHMENT.—The Secretary shall establish
a peer review panel that shall be comprised of individuals
with demonstrated experience in designing and implement-
ing community-based programs.
(b) COMPOSITION.—Such panel shall include at least
1 representative from each of the following:
(1) A community-based organization.
(2) A local government.
(3) A school district.
(4) The private sector.
(5) A charitable organization.
(c) FUNCTIONS.—Such panel shall conduct the initial
review of all grant applications received by the Secretary
under section 214, make recommendations to the Sec-
retary regarding—
(1) grant funding under this section; and
(2) a design for the evaluation of programs as-
sisted under this section.
SEC. 217. INVESTIGATIONS AND INSPECTIONS.
The Secretary may conduct such investigations and
inspections as may be necessary to ensure compliance with
the provisions of this section.
SEC. 218. FEDERAL SHARE.
(a) PAYMENTS, FEDERAL SHARE, NON-FEDERAL
SHARE.—
(1) PAYMENTS.—The Secretary shall, subject to
the availability of appropriations, pay to each com-
munity-based organization having an application ap-
proved under section 214 the Federal share of the
costs of developing and carrying out programs re-
ferred to in section 211.
(2) FEDERAL SHARE.—The Federal share of
such costs shall be 70 percent for each of the fiscal
years 1995, 1996, 1997, and 1998.
(b) NON-FEDERAL SHARE.—
(1) IN
GENERAL.—The non-Federal share of
such costs may be in cash or in kind, fairly evalu-
ated, including plant, equipment, and services (in-
cluding the services described in section 214(b)(16).
(2) SPECIAL RULE.—At least 15 percent of the
non-Federal share of such costs shall be provided
from private or nonprofit sources.
SEC. 219. EVALUATION.
The Secretary shall conduct a thorough evaluation of
the programs assisted under this section, which shall in-
clude an assessment of—
(1) the number of children participating in each
program assisted under this section;
(2) the academic achievement of such children;
(3) school attendance and graduation rates of
such children; and
(4) the number of such children being processed
by the juvenile justice system.
SEC. 220. DEFINITIONS.
As used in this subtitle:
(1) CHILD.—The term ‘‘child’’ means an indi-
vidual who is not younger than 5 and not older than
18.
(2) COMMUNITY-BASED
ORGANIZATION.—The
term ‘‘community-based organization’’ means a pri-
vate, locally initiated community-based organization
that—
(A) is a nonprofit organization, as defined
in section 103(23) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C.
5603(23)); and
(B) is operated by a consortium of service
providers, consisting of representatives of 5 or
more of the following categories of persons:
(i) Residents of the community.
(ii) Business and civic leaders actively
involved in providing employment and busi-
ness development opportunities in the com-
munity.
(iii) Educators and organizations of
learning (such as local education agencies).
(iv) Student organizations.
(v) Law enforcement agencies.
(vi) Public housing agencies.
(vii) State government.
(viii) Other public agencies.
(ix) Other interested parties.
(3) ELIGIBLE COMMUNITY.—The term ‘‘eligible
community’’ means an area identified pursuant to
section 220.
(4) POVERTY LINE.—The term ‘‘poverty line’’
means the income official poverty line (as defined by
the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the
Community Services Block Grant Act (42 U.S.C.
9902(2)) applicable to a family of the size involved.
(5) 
PUBLIC
SCHOOL.—The 
term 
‘‘public
school’’ means a public elementary school, as defined
in section 1201(i) of the Higher Education Act of
1965 (20 U.S.C. 1141(i), and a public secondary
school, as defined in section 1201(d) of such Act.
(6) STATE.—The term ‘‘State’’ means each of
the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, and the United States Vir-
gin Islands.
TITLE III—POLICE
PARTNERSHIP FOR CHILDREN
SEC. 301. DEFINITION.
As used in this title, ‘‘partnership’’ means a coopera-
tive arrangement or association involving one or more law
enforcement agencies, and one or more public or private
agencies that provide child or family services.
SEC. 302. GRANT AUTHORITY.
(a) PARTNERSHIP GRANTS.—The Attorney General,
in consultation with the Secretary of Health and Human
Services, may make grants to partnerships for—
(1) teams or units involving participants from
both the law enforcement and child or family serv-
ices components of the partnership that respond to
or deal with violent incidents in which a child is in-
volved as a perpetrator, witness, or victim, such as
teams or units that provide a 24-hour crisis response
or consultation service in relation to such incidents;
(2) training for law enforcement officers re-
garding behavior, psychology, family systems, and
community culture and attitudes that is relevant to
dealing with children who are involved in violent in-
cidents or at risk of involvement in such incidents,
or with families of such children; and
(3) programs for children and families that are
designed jointly by the law enforcement and child or
family services components of the partnership, in-
cluding programs providing 24-hour response to cri-
sis situations affecting children and such other pro-
grams as programs that provide training in non-
violent conflict resolution, after-school activity and
neighborhood recreation programs, parent support
groups that are led jointly by child or family services
and law enforcement personnel, and mentoring
programs.
(b) GRANTS
FOR POLICE RESIDENCE
IN HIGH
CRIME AREAS.—The Attorney General, in consultation
with the Secretary of Housing and Urban Development,
may make grants to units of State or local government,
public housing authorities, owners of federally assisted
housing, and owners of housing in high crime areas in
order to provide dwelling units to law enforcement officers
without charge or at or substantially reduced rent for the
purpose of providing greater security for residents of high
crime areas.
SEC. 303. ADMINISTRATION.
(a) USE OF COMPONENTS.—The Attorney General
may utilize any component or components of the Depart-
ment of Justice in carrying out this title.
(b) REGULATORY AUTHORITY.—The Attorney Gen-
eral may issue regulations and guidelines to carry out this
title, including specifications concerning application re-
quirements, selection criteria, duration and renewal of
grants, evaluation requirements, matching funds, limita-
tion of administrative expenses, submission of reports by
grantees, recordkeeping by grantees, and access to books,
records, and documents maintained by grantees or other
persons for purposes of audit or examination.
(c) APPLICATIONS.—In addition to any other require-
ments that may be specified by the Attorney General—
(1) an application for a grant under section
301(a) of this title shall—
(A) certify that the applicant is a partner-
ship as defined in section 301, or a law enforce-
ment agency or public or private child or family
services agency that is participating in a part-
nership and seeking support on behalf of the
partnership;
(B) include a long-term strategy and de-
tailed implementation plan;
(C) certify that the Federal support pro-
vided under this title will be used to supple-
ment, and not supplant, State and local sources
of funding that would otherwise be available;
(D) identify any related governmental or
community initiatives which complement or will
be coordinated with the proposal; and
(E) specify plans for obtaining necessary
support and continuing the proposed program
following the conclusion of Federal support;
(2) an application for a grant under section
302(b) shall—
(A) certify that there has been appropriate
consultation with the employing agency of any
law enforcement officer who is to be provided
with a dwelling unit;
(B) identify any related governmental or
community initiatives which complement or will
be coordinated with the proposal;
(C) certify that the Federal support pro-
vided will be used to supplement, and not sup-
plant, State and local sources of funding that
would otherwise be available; and
(D) provide assurances that local police of-
ficers will not be required to reside in resi-
dences funded under this title.
(d) MATCHING FUNDS.—The portion of the costs of
a program provided by a grant under this title may not
exceed 75 percent, unless the Attorney General waives,
wholly or in part, the requirement under this subsection
of a non-Federal contribution to the costs of a program.
(e) FUNDING PRIORITY.—In making grants under
section 302(a), the Attorney General shall give priority to
applications by partnerships involving law enforcement
agencies that engage in community-oriented policing for
programs assisting distressed communities or populations
with a high incidence of violence affecting children.
SEC. 304. TECHNICAL ASSISTANCE, TRAINING, AND EVAL-
UATION.
(a) TECHNICAL ASSISTANCE AND TRAINING.—The
Attorney General may provide technical assistance and
training to further the purposes of this title.
(b) EVALUATIONS.—In addition to any evaluation re-
quirements that may be prescribed for grantees, the Attor-
ney General may carry out or make arrangements for eval-
uations of programs that receive support under this title.
(c) ADMINISTRATION.—The technical assistance,
training, and evaluations authorized by this section may
be carried out directly by the Attorney General, or through
grants, contracts, or other cooperative arrangements with
other entities.
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated $20,000,000 in fiscal year 1995, and such sums
as may be necessary in each of fiscal years 1996 through
1999 to carry out this title.
(b) LIMITATION.—Not more than 50 percent of the
funds made available in a fiscal year for this title may
be expended for grants under section 302(b).
TITLE IV—MIDNIGHT SPORTS
SEC. 
401. 
GRANTS 
FOR 
MIDNIGHT 
SPORTS 
LEAGUE
ANTICRIME PROGRAMS.
(a) AUTHORITY.—The Attorney General of the
United States, in consultation with the Secretary of Hous-
ing and Urban Development, shall make grants, to the ex-
tent that amounts are approved in appropriations Acts
under subsection (k) to eligible entities to assist such enti-
ties in carrying out midnight sports league programs
meeting the requirements of subsection (d).
(b) ELIGIBLE ENTITIES.—
(1) IN GENERAL.—Grants under subsection (a)
may be made only to the following eligible entities:
(A) Entities eligible under section 520(b)
of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 11903a(b)) for a grant
under section 520(a) of such Act.
(B) 
Nonprofit 
organizations 
providing
crime prevention, employment counseling, job
training, or other educational services.
(C) Nonprofit organizations providing fed-
erally-assisted low-income housing.
(2) PROHIBITION
ON
SECOND
GRANTS.—A
grant under subsection (a) may not be made to an
eligible entity if the entity previously received a
grant under such subsection.
(c) USE OF GRANT AMOUNTS.—Any eligible entity
that receives a grant under subsection (a) may use the
grant only—
(1) to establish or carry out a midnight sports
league program under subsection (d);
(2) for salaries for administrators and staff of
the program;
(3) for other administrative costs of the pro-
gram, except that not more than 5 percent of the
grant may be used for such administrative costs;
and
(4) for costs of training and assistance provided
under subsection (d)(9).
(d) PROGRAM REQUIREMENTS.—Each eligible entity
receiving a grant under subsection (a) shall establish a
midnight sports league program as follows:
(1) The program shall establish a sports league
of not less than 8 teams having 10 players each.
(2) Not less than 50 percent of the players in
the sports league shall be residents of federally as-
sisted low-income housing.
(3) The program shall be designed to serve pri-
marily youths and young adults from a neighborhood
or community whose population has not less than 2
of the following characteristics (in comparison with
national averages):
(A) A substantial problem regarding use or
sale of illegal drugs.
(B) A high incidence of crimes committed
by youths or young adults.
(C) A high incidence of persons infected
with the human immunodeficiency virus or sex-
ually transmitted diseases.
(D) A high incidence of pregnancy, or a
high birth rate, among adolescents.
(E) A high unemployment rate for youths
and young adults.
(F) A high rate of high school drop-outs.
(4) The program shall require each player in
the league to attend employment counseling, job
training, and other educational classes provided
under the program, which shall be held in conjunc-
tion with league sports games at or near the site of
the games.
(5) The program shall serve only youths and
young adults who demonstrate a need for such coun-
seling, training, and education provided by the pro-
gram, in accordance with criteria for demonstrating
need, which shall be established by the Attorney
General in consultation with the Secretary of Hous-
ing and Urban Development and the Secretary of
Labor, and with the Advisory Committee.
(6) The program shall obtain sponsors for each
team in the sports league. Sponsors shall be private
individuals or businesses in the neighborhood or
community served by the program who make finan-
cial contributions to the program and participate in
or supplement the employment, job training, and
educational services provided to the players under
the program with additional training or educational
opportunities.
(7) The program shall comply with any criteria
established by the Attorney General in consultation
with the Secretary of Housing and Urban Develop-
ment and with the Advisory Committee.
(e) GRANT AMOUNT LIMITATIONS.—
(1) PRIVATE
CONTRIBUTIONS.—The Attorney
General, in consultation with the Secretary of Hous-
ing and Urban Development, may not make a grant
under subsection (a) to an eligible entity that applies
for a grant under subsection (f) unless the applicant
entity certifies to the Attorney General and the Sec-
retary that the entity will supplement the grant
amounts with amounts of funds from non-Federal
sources, as follows:
(A) In each of the first 2 years that
amounts from the grant are disbursed (under
paragraph (5)), an amount sufficient to provide
not less than 35 percent of the cost of carrying
out the midnight sports league program.
(B) In each of the last 3 years that
amounts from the grant are disbursed, an
amount sufficient to provide not less than 50
percent of the cost of carrying out the midnight
sports league program.
(2) NON-FEDERAL
FUNDS.—For purposes of
this subsection, the term ‘‘funds from non-Federal
sources’’ includes amounts from nonprofit organiza-
tions, public housing agencies, States, units of gen-
eral local government, and Indian housing authori-
ties, private contributions, any salary paid to staff
(other than from grant amounts under subsection
(a)) to carry out the program of the eligible entity,
in-kind contributions to carry out the program (as
determined by the Attorney General, in consultation
with the Secretary of Housing and Urban Develop-
ment and with the Advisory Committee), the value
of any donated material, equipment, or building, the
value of any lease on a building, the value of any
utilities provided, and the value of any time and
services contributed by volunteers to carry out the
program of the eligible entity.
(3) 
PROHIBITION
ON
SUBSTITUTION
OF
FUNDS.—Grants made under subsection (a), and
amounts provided by States and units of general
local government to supplement the grants, may not
be used to replace other public funds previously
used, or designated for use, under this section.
(4) 
MAXIMUM
AND
MINIMUM
GRANT
AMOUNTS.—The Attorney General, in consultation
with the Secretary of Housing and Urban Develop-
ment, may not make a grant under subsection (a) to
any single eligible entity in an amount less than
$50,000 or exceeding $125,000.
(5) DISBURSEMENT.—Each grant made under
subsection (a)(1) shall be disbursed to the eligible
entity receiving the grant over the 5-year period be-
ginning on the date that the entity is selected to re-
ceive the grant, as follows:
(A) In each of the first 2 years of such 5-
year period, 23 percent of the total grant
amount shall be disbursed to the entity.
(B) In each of the last 3 years of such 5-
year period, 18 percent of the total grant
amount shall be disbursed to the entity.
(f) APPLICATIONS.—To be eligible to receive a grant
under subsection (a), an eligible entity shall submit to the
Attorney General an application in the form and manner
required by the Attorney General (after consultation with
the Secretary of Housing and Urban Development and
with the Advisory Committee), which shall include—
(1) a description of the midnight sports league
program to be carried out by the entity, including a
description of the employment counseling, job train-
ing, and other educational services to be provided;
(2) letters of agreement from service providers
to provide training and counseling services required
under subsection (d) and a description of such serv-
ice providers;
(3) letters of agreement providing for facilities
for sports games and counseling, training, and edu-
cational services required under subsection (d) and
a description of the facilities;
(4) a list of persons and businesses from the
community served by the program who have ex-
pressed interest in sponsoring, or have made com-
mitments to sponsor, a team in the midnight sports
league; and
(5) evidence that the neighborhood or commu-
nity served by the program meets the requirements
of subsection (d)(3).
(g) SELECTION.—The Attorney General, in consulta-
tion with the Secretary of Housing and Urban Develop-
ment and with the Advisory Committee, shall select eligi-
ble entities that submit applications under subsection (f)
to receive grants under subsection (a). The Attorney Gen-
eral, in consultation with the Secretary of Housing and
Urban Development and with the Advisory Committee,
shall establish criteria for selection of applicants to receive
such grants. The criteria shall include a preference for se-
lection of eligible entities carrying out midnight sports
league programs in suburban and rural areas.
(h) REPORTS.—The Attorney General, in consulta-
tion with the Secretary of Housing and Urban Develop-
ment, shall require each eligible entity receiving a grant
under subsection (a) to submit for each year in which
grant amounts are received by the entity, a report describ-
ing the activities carried out with such amounts.
(i) STUDY.—To the extent amounts are provided
under appropriation Acts pursuant to subsection (k)(2),
the Attorney General, in consultation with the Secretary
of Housing and Urban Development, shall make a grant
to one entity qualified to carry out a study under this sub-
section. The entity shall use such grant to carry out a
scientific study of the effectiveness of midnight sports
league programs under subsection (d) of eligible entities
receiving grants under subsection (a). The Attorney Gen-
eral, in consultation with the Secretary of Housing and
Urban Development, shall require such entity to submit
a report describing the study and any conclusions and rec-
ommendations resulting from the study to the Congress
and the Attorney General and the Secretary not later than
the expiration of the 2-year period beginning on the date
that the grant under this subsection is made.
(j) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘eligible entity’’ means an entity
described under subsection (b)(1); and
(2) the term ‘‘federally assisted low-income
housing’’ has the meaning given the term in section
5126 of the Public and Assisted Housing Drug
Elimination Act of 1990.
(k) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated—
(1) 
for 
grants 
under 
subsection 
(a),
$10,000,000 in each of fiscal years 1995, 1996,
1997, 1998, and 1999; and
(2) for a study grant under subsection (i),
$250,000 in fiscal year 1995.
TITLE V—DRUG COURTS
SEC. 501. GRANT AUTHORITY.
The Attorney General may make grants to units of
State and local government, and to other public and pri-
vate entities, for programs that involve continuing judicial
supervision over specified categories of persons with sub-
stance abuse problems, and that involve the integrated ad-
ministration of other sanctions and services including—
(1) testing for the use of controlled substances
or other addictive substances;
(2) substance abuse treatment;
(3) diversion, probation, or other supervised re-
lease involving the possibility of prosecution, confine-
ment, or incarceration based on noncompliance with
program requirements or failure to show satisfactory
progress; and
(4) programmatic or health related aftercare
services such as relapse prevention, education, voca-
tional training, job placement, housing placement,
and child care or other family support services.
SEC. 502. ADMINISTRATION.
(a) COLLABORATION.—The Attorney General may
consult or collaborate with the Secretary of Health and
Human Services and any other appropriate officials in car-
rying out this title.
(b) USE OF COMPONENTS.—The Attorney General
may utilize any component or components of the Depart-
ment of Justice in carrying out this title.
(c) REGULATORY AUTHORITY.—The Attorney Gen-
eral may issue regulations and guidelines to carry out this
title, including specifications concerning application re-
quirements, selection criteria, duration and renewal of
grants, evaluation requirements, matching funds, limita-
tion of administrative expenses, submission of reports by
grantees, recordkeeping by grantees, and access to books,
records, and documents maintained by grantees or other
persons for purposes of audit or examination.
(d) APPLICATIONS.—In addition to any other require-
ments that may be specified by the Attorney General, an
application for a grant under this title shall—
(1) include a long-term strategy and detailed
implementation plan;
(2) explain the applicant’s inability to fund the
program adequately without Federal assistance;
(3) certify that the Federal support provided
will be used to supplement, and not supplant, State
and local sources of funding that would otherwise be
available;
(4) identify related governmental or community
initiatives which complement or will be coordinated
with the proposal;
(5) certify that there has been appropriate con-
sultation with all affected agencies, and that there
will be appropriate coordination with all affected
agencies in the implementation of the program;
(6) specify plans for obtaining necessary sup-
port and continuing the proposed program following
the conclusion of Federal support; and
(7) describe the methodology that will be uti-
lized in evaluating the program.
SEC. 503. TECHNICAL ASSISTANCE, TRAINING, AND EVAL-
UATION.
(a) TECHNICAL ASSISTANCE AND TRAINING.—The
Attorney General may provide technical assistance and
training in furtherance of the purposes of this title.
(b) EVALUATIONS.—In addition to any evaluation re-
quirements that may be prescribed for grantees, the Attor-
ney General may carry out or make arrangements for eval-
uations of programs that receive support under this title.
(c) ADMINISTRATION.—The technical assistance,
training, and evaluations authorized by this section may
be carried out directly by the Attorney General, in collabo-
ration with the Secretary of Health and Human Services,
or through grants, contracts, or other cooperative arrange-
ments with other entities.
SEC. 504. AUTHORIZATION OF APPROPRIATIONS.
There 
are 
authorized 
to 
be 
appropriated
$280,000,000 in each of fiscal years 1995, 1996, 1997,
1998, and 1999 to carry out this title.
TITLE VI—COMMUNITY YOUTH
ACADEMIES
SEC. 601. GRANT AUTHORITY.
(a) IN GENERAL.—The Attorney General may make
grants to qualified community organizations, States, or
units of local government to assist in meeting the costs
of developing and operating qualified instructional pro-
grams for juveniles who have been incarcerated under a
State or local juvenile justice system or for juveniles who
are determined by educational or other authorities to be
at-risk of violating criminal law. Such programs are to be
designed to provide the academic, moral, and social devel-
opment of juveniles to enable them to become independent,
responsible, and productive citizens.
(b) QUALIFIED COMMUNITY ORGANIZATIONS.—An
organization is a qualified community organization which
is eligible to receive a grant under subsection (a) if the
organization—
(1) is a non-profit organization; and
(2) has training and experience in—
(A) working with teachers, counselors, and
similar personnel;
(B) providing services to the community in
which the organization is located; and
(C) developing other programs that con-
tribute to the community.
(c) INSTRUCTIONAL PROGRAM.—An instruction pro-
gram is a qualified instructional program for purposes of
a grant under subsection (a) if the program—
(1) will provide instruction for individuals of
the ages 12 to 18 who have been selected for inclu-
sion in the program by a committee which has been
selected by the organization for which such grant
will be made and which includes teachers, coun-
selors, and principals from the public school system
in the area in which the instruction will be provided,
(2) will provide, in addition to instruction, room
and board,
(3) will have as instructors teachers who have
been recruited by such community organization from
national service participants under the National and
Community Services Act of 1990 and other individ-
uals, and
(4) will have a curriculum—
(A) developed by community groups within
the area served by such community organiza-
tion,
(B) to provide an education for grades 7
through 12,
(C) which will require the students to en-
gage in all the activities required to maintain
the facility in which such program will be pro-
vided, and
(D) which will include activities such as
music, art, athletics, drama, and photography,
and other appropriate extra-curricula activities.
(d) APPLICATIONS.—To qualify for a grant under
subsection (a), a qualified community organization shall
submit an application to the Attorney General in such
form as the Attorney General may prescribe. Such an ap-
plication shall include documentation from the applicant
showing—
(1) the need for the grant,
(2) the intended use of grant funds, and
(3) expected results from the use of grant
funds.
(e) ACTION BY THE ATTORNEY GENERAL.—Not later
than 60 days after the date an application for a grant
under subsection (a) is received, the Attorney General
shall—
(1) approve the application and disburse the
grant applied for; or
(2) disapprove the application and inform the
applicant that the application is not approved and
provide the applicant with the reasons for the dis-
approval.
(f) GRANTEE REPORTING.—For each year a qualified
community organization receives a grant under subsection
(a), the community organization shall file a performance
report with the Attorney General explaining the activities
carried out with the grant funds and assessing the effec-
tiveness of such activities in meeting the purposes of the
organization’s instructional program.
SEC. 602. AUTHORIZATION OF APPROPRIATIONS.
For grants under section 601, there are authorized
to be appropriated $10,000,000 for each of the fiscal years
1995 through 1999.
TITLE VII—POLICE
RECRUITMENT
SEC. 701. GRANT AUTHORITY.
(a) IN GENERAL.—The Attorney General may make
grants to qualified community organizations to assist in
meeting the costs of qualified programs which are de-
signed to recruit and retain applicants of police depart-
ments.
(b) QUALIFIED COMMUNITY ORGANIZATIONS.—An
organization is a qualified community organization which
is eligible to receive a grant under subsection (a) if the
organization—
(1) is a non-profit organization; and
(2) has training and experience in—
(A) working with a police department and
with teachers, counselors, and similar person-
nel,
(B) providing services to the community in
which the organization is located,
(C) developing and managing services and
techniques to recruit individuals to become
members of a police department and to assist
such individuals in meeting the membership re-
quirements of police departments,
(D) developing and managing services and
techniques to assist in the retention of appli-
cants to police departments, and
(E) developing other programs that con-
tribute to the community.
(c) QUALIFIED PROGRAMS.—A program is a qualified
program for which a grant may be made under subsection
(a) if the program is designed to recruit and train individ-
uals from underepresented neighborhoods and localities
and if—
(1) the overall design of the program is to re-
cruit and retain applicants to a police department;
(2) the program provides recruiting services
which include tutorial programs to enable individuals
to meet police force academic requirements and to
pass entrance examinations;
(3) the program provides counseling to appli-
cants to police departments who may encounter
problems throughout the application process; and
(4) the program provides retention services to
assist in retaining individuals to stay in the applica-
tion process of a police department.
(d) APPLICATIONS.—To qualify for a grant under
subsection (a), a qualified organization shall submit an ap-
plication to the Attorney General in such form as the At-
torney General may prescribe. Such application shall—
(1) include documentation from the applicant
showing—
(A) the need for the grant;
(B) the intended use of grant funds;
(C) expected results from the use of grant
funds; and
(D) demographic characteristics of the
population to be served, including age, disabil-
ity, race, ethnicity, and languages used; and
(2) contain assurances satisfactory to the Attor-
ney General that the program for which a grant is
made will meet the applicable requirements of the
program guidelines prescribed by the Attorney Gen-
eral under subsection (i).
(e) ACTION BY THE ATTORNEY GENERAL.—Not later
than 60 days after the date that an application for a grant
under subsection (a) is received, the Attorney General
shall consult with the police department which will be in-
volved with the applicant and shall—
(1) approve the application and disburse the
grant funds applied for; or
(2) disapprove the application and inform the
applicant that the application is not approved and
provide the applicant with the reasons for the dis-
approval.
(f) GRANT DISBURSEMENT.—The Attorney General
shall disburse funds under a grant under subsection (a)
in accordance with regulations of the Attorney General
which shall ensure—
(1) priority is given to applications for areas
and organizations with the greatest showing of need;
(2) that grant funds are equitably distributed
on a geographic basis; and
(3) the needs of underserved populations are
recognized and addressed.
(g) GRANT PERIOD.—A grant under subsection (a)
shall be made for a period not longer than 3 years.
(h) GRANTEE REPORTING.—(1) For each year of a
grant period for a grant under subsection (a), the recipient
of the grant shall file a performance report with the Attor-
ney General explaining the activities carried out with the
funds received and assessing the effectiveness of such ac-
tivities in meeting the purpose of the recipient’s qualified
program.
(2) If there was more than one recipient of a grant,
each recipient shall file such report.
(3) The Attorney General shall suspend the funding
of a grant if the recipient of the grant does not file the
report required by this subsection or uses the grant for
a purpose not authorized by this section.
(i) GUIDELINES.—The Attorney General shall, by
regulation, prescribe guidelines on content and results for
programs receiving a grant under subsection (a). Such
guidelines shall be designed to establish programs which
will be effective in training individuals to enter instruc-
tional programs for police departments and shall include
requirements for—
(1) individuals providing recruiting services;
(2) individuals providing tutorials and other
academic assistance programs;
(3) individuals providing retention services; and
(4) the content and duration of recruitment, re-
tention, and counseling programs and the means and
devices used to publicize such programs.
SEC. 702. AUTHORIZATION OF APPROPRIATIONS.
For grants under section 801 there are authorized
to be appropriated $6,000,000 for each of the fiscal years
1995 through 1999.
TITLE VIII—NATIONAL TRIAD
PROGRAM
SEC. 801. FINDINGS.
The Congress finds that—
(1) older Americans are among the most rapidly
growing segments of our society;
(2) currently, older Americans comprise 15 per-
cent of our society, and predictions are that by the
turn of the century they will constitute 18 percent
of the Nation’s population;
(3) older Americans find themselves uniquely
situated in the society, environmentally and phys-
ically;
(4) many older Americans are experiencing in-
creased social isolation due to fragmented and dis-
tant familial relations, scattered associations, limited
access to transportation, and other insulating
factors;
(5) physical conditions such as hearing loss,
poor eyesight, lessened agility, and chronic and de-
bilitating illnesses often contribute to a senior citi-
zen’s susceptibility to criminal victimization;
(6) older Americans are too frequently the vic-
tims of abuse and neglect, violent crime, property
crime, consumer fraud, medical quackery, and con-
fidence games;
(7) studies have found that older Americans
that are victims of violent crime are more likely to
be injured and require medical attention than are
younger victims;
(8) victimization data on crimes against older
Americans are incomplete and out of date, and data
sources
are
partial,
scattered,
and
not
easily
obtained;
(9) although a few studies have attempted to
define and estimate the extent of abuse and neglect
of older Americans, both in their homes and in insti-
tutional settings, many experts believe that abuse
and neglect crimes are substantially underreported
and undetected;
(10) similarly, while some evidence suggests
that older Americans may be targeted in a range of
fraudulent schemes, neither the Uniform Crime Re-
port nor the National Crime Survey collects data on
individual- or household-level fraud;
(11) many law enforcement agencies do not
have model practices for responding to the criminal
abuse of older Americans;
(12) law enforcement officers and social service
providers come from different disciplines and fre-
quently bring different perspectives to the problem
of crimes against older Americans;
(13) the differences in approaches can inhibit a
genuinely effective response;
(14) there are a few efforts currently under way
that seek to forge partnerships to coordinate crimi-
nal justice and social service approaches to victim-
ization of older Americans;
(15) the Triad program, sponsored by the Na-
tional Sheriffs’ Association (NSA), the International
Association of Chiefs of Police (IACP), and the
American Association of Retired Persons (AARP), is
one such effort;
(16) the Assistant Secretary for Aging, as the
senior executive branch officer formulating older
Americans policy, is an appropriate leader in efforts
to reduce violent crime against older Americans; and
(17) recognizing that older Americans have the
same fundamental desire as other members of our
society to live freely, without fear or restriction due
to the criminal element, the Federal Government
should seek to expand efforts to reduce crime
against this growing and uniquely vulnerable seg-
ment of our population.
SEC. 802. PURPOSES.
The purposes of this title are—
(1) to support a coordinated effort among law
enforcement, older Americans organizations, and so-
cial service agencies to stem the tide of violence
against older Americans and support media and
nonmedia strategies aimed at increasing both public
understanding of the problem and the older Ameri-
cans’ skills in preventing crime against themselves
and their property; and
(2) to address the problem of crime against
older Americans in a systematic and effective man-
ner by promoting and expanding collaborative crime
prevention programs, such as the Triad model, that
assist law enforcement agencies and older Americans
in implementing specific strategies for crime preven-
tion, victim assistance, citizen involvement, and pub-
lic education.
SEC. 803. NATIONAL ASSESSMENT AND DISSEMINATION.
(a) IN GENERAL.—The Director of the National In-
stitute of Justice in consultation with the Assistant Sec-
retary for Aging shall conduct a qualitative and quan-
titative national assessment of—
(1) the nature and extent of crimes committed
against older Americans and the effect of such
crimes on the victims;
(2) the numbers, extent, and impact of violent
crimes and nonviolent crimes (such as frauds and
‘‘scams’’) against older Americans and the extent of
unreported crimes;
(3) the collaborative needs of law enforcement,
health, and social service organizations, focusing on
prevention of crimes against older Americans, to
identify, investigate, and provide assistance to vic-
tims of those crimes; and
(4) the development and growth of strategies to
respond effectively to the matters described in para-
graphs (1), (2), and (3).
(b) MATTERS TO BE ADDRESSED.—The national as-
sessment made pursuant to subsection (a) shall address—
(1) the analysis and synthesis of data from a
broad range of sources in order to develop accurate
information on the nature and extent of crimes
against older Americans, including identifying and
conducting such survey and other data collection ef-
forts as are needed and designing a strategy to keep
such information current over time;
(2) institutional and community responses to el-
derly victims of crime, focusing on the problems as-
sociated with fear of victimization, abuse of older
Americans, and hard-to-reach older Americans who
are in poor health, are living alone or without family
nearby, or living in high crime areas;
(3) special services and responses required by
elderly victims;
(4) whether the experience of older Americans
with some service organizations differs markedly
from that of younger populations;
(5) the kinds of programs that have proven use-
ful in reducing victimization of older Americans
through crime prevention activities and programs;
(6) the kinds of programs that contribute to
successful coordination among public sector agencies
and community organizations in reducing victimiza-
tion of older Americans; and
(7) the research agenda needed to develop a
comprehensive understanding of the problems of
crimes against older Americans, including the
changes that can be anticipated in the crimes them-
selves and appropriate responses as the society in-
creasingly ages.
(c) AVOIDANCE
OF DUPLICATION.—In conducting
the assessment under subsection (a), the Director of the
National Institute of Justice, in consultation with the As-
sistant Secretary of Aging, shall draw upon the findings
of existing studies and avoid duplication of efforts that
have previously been made.
(d) DISSEMINATION.—Based on the results of the na-
tional assessment and analysis of successful or promising
strategies in dealing with the problems described in sub-
section (b) and other problems, including coalition efforts
such as the Triad programs described in sections 801 and
802, the Director of the National Institute of Justice, in
consultation with the Assistant Secretary of Aging, shall
disseminate the results through reports, publications,
clearinghouse services, public service announcements, and
programs of evaluation, demonstration, training, and tech-
nical assistance.
SEC. 804. PILOT PROGRAMS.
(a) AWARDS.—The Director of the Bureau of Justice
Assistance, in consultation with the Assistant Secretary
of Aging, shall make grants to coalitions of local law en-
forcement agencies and older Americans to assist in the
development of programs and execute field tests of par-
ticularly promising strategies for crime prevention services
and related services based on the concepts of the Triad
model, which can then be evaluated and serve as the basis
for further demonstration and education programs.
(b) TRIAD COOPERATIVE MODEL.—(1) Subject to
paragraph (2), a pilot program funded under this section
shall consist of a cooperative model, which calls for the
participation of the sheriff, at least 1 police chief, and a
representative of at least 1 older Americans’ organization
within a county and may include participation by general
service coalitions of law enforcement, victim service, and
senior citizen advocate second service organizations. If
there exists with the applicant county an area agency on
aging as defined in section 102(17) of the Older Ameri-
cans Act of 1965, the applicant county must include the
agency as an organizational component in its program.
(2) If there is not both a sheriff and a police chief
in a county or if the sheriff or a police chief do not partici-
pate, a pilot program funded under this section shall in-
clude in the place of the sheriff or police chief another
key law enforcement official in the county such as a local
prosecutor.
(c) APPLICATION.—A coalition or Triad program that
desires to establish a pilot program under this section
shall submit to the Director of the Bureau of Justice As-
sistance an application that includes—
(1) a description of the community and its sen-
ior citizen population;
(2) assurances that Federal funds received
under this part shall be used to provide additional
and appropriate education and services to the com-
munity’s older Americans;
(3) a description of the extent of involvement of
each organizational component (chief, sheriff (or
other law enforcement official), and senior organiza-
tion representative) and focus of the Triad program;
(4) a comprehensive plan including—
(A) a description of the crime problems
facing older Americans and need for expanded
law enforcement and victim assistance services;
(B) a description of the types of projects
to be developed or expanded;
(C) a plan for an evaluation of the results
of Triad endeavors;
(D) a description of the resources (includ-
ing matching funds, in-kind services, and other
resources) available in the community to imple-
ment the Triad development or expansion;
(E) a description of the gaps that cannot
be filled with existing resources;
(F) an explanation of how the requested
grant will be used to fill those gaps; and
(G) a description of the means and meth-
ods the applicant will use to reduce criminal
victimization of older persons; and
(5) funding requirements for implementing a
comprehensive plan.
(d) DISTRIBUTION OF GRANT AWARDS.—The Direc-
tor of the Bureau of Justice Assistance, in consultation
with the Assistant Secretary for Aging, shall attempt, to
the extent practicable, to achieve an equitable geographic
distribution of grant awards for pilot programs authorized
under this title.
(e) POST-GRANT PERIOD REPORT.—A grant recipi-
ent under this section shall, not later than 6 months after
the conclusion of the grant period, submit to the Director
of the Bureau of Justice Assistance a report that—
(1) describes the composition of organizations
that participated in the pilot program;
(2) identifies problem areas encountered during
the course of the pilot program;
(3) provides data comparing the types and fre-
quency of criminal activity before and after the
grant period and the effect of such criminal activity
on older Americans in the community; and
(4) describes the grant recipient’s plans and
goals for continuance of the Triad program after the
grant period.
SEC. 805. TRAINING ASSISTANCE, EVALUATION, AND DIS-
SEMINATION AWARDS.
In conjunction with the national assessment under
section 803—
(1) the Director of the Bureau of Justice As-
sistance, in consultation with the Assistant Secretary
for Aging, shall make awards to organizations with
demonstrated ability to provide training and tech-
nical assistance in establishing crime prevention pro-
grams based on the Triad model, for purposes of
aiding in the establishment and expansion of pilot
programs under this section; and
(2) the Director of the National Institute of
Justice, in consultation with the Assistant Secretary
of Aging, shall make awards to research organiza-
tions, for the purposes of—
(A) evaluating the effectiveness of selected
pilot programs; and
(B) conducting the research and develop-
ment identified through the national assessment
as being critical; and
(3) the Director of the Bureau of Justice As-
sistance, in consultation with the Assistant Secretary
for Aging, shall make awards to public service adver-
tising coalitions, for the purposes of mounting a pro-
gram of public service advertisements to increase
public awareness and understanding of the issues
surrounding crimes against older Americans and
promoting ideas or programs to prevent them.
SEC. 806. REPORT.
The Director of the Bureau of Justice Assistance, in
consultation with the Assistant Secretary for Aging, and
the Director of the National Institute of Justice shall sub-
mit to Congress an annual report (which may be included
with the report submitted under section 102(b) of title I
of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3712(b)) describing the results of the
pilot programs conducted under section 904.
SEC. 807. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated—
(1) $2,000,000 to the Bureau of Justice Assist-
ance for the purpose of making Triad pilot program
awards in that amount under section 904;
(2) $1,000,000 to the Bureau of Justice Assist-
ance for the purpose of funding the national training
and technical assistance effort under sections 803
and 805;
(3) $1,000,000 to the Bureau of Justice Assist-
ance and $1,000,000 to the Administration on
Aging, for the purpose of developing public service
announcements under sections 803 and 805;
(4) $2,000,000 to the National Institute of Jus-
tice for the purposes of conducting the national as-
sessment, evaluating pilot programs, and carrying
out the research agenda under sections 803 and
805; and
(5) to the extent that funds are not otherwise
available for the purpose, such sums as are nec-
essary to pay the administrative costs of carrying
out this title.
TITLE IX—LOCAL PARTNERSHIP
ACT
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Local Partnership Act
of 1994’’.
SEC. 902. ESTABLISHMENT OF PAYMENT PROGRAM.
(a) ESTABLISHMENT
OF
PROGRAM.—Title 31,
United States Code, is amended by inserting after chapter
65 the following:
‘‘CHAPTER 67—FEDERAL PAYMENTS
‘‘Sec.
‘‘6701. Payments to local governments.
‘‘6702. Local Government Fiscal Assistance Fund.
‘‘6703. Qualification for payment.
‘‘6704. State area allocations; allocations and payments to territorial govern-
ments.
‘‘6705. Local government allocations.
‘‘6706. Income gap multiplier.
‘‘6707. State variation of local government allocations.
‘‘6708. Adjustments of local government allocations.
‘‘6709. Information used in allocation formulas.
‘‘6710. Public participation.
‘‘6711. Prohibited discrimination.
‘‘6712. Discrimination proceedings.
‘‘6713. Suspension and termination of payments in discrimination proceedings.
‘‘6714. Compliance agreements.
‘‘6715. Enforcement by the Attorney General of prohibitions on discrimination.
‘‘6716. Civil action by a person adversely affected.
‘‘6717. Judicial review.
‘‘6718. Audits, investigations, and reviews.
‘‘6719. Reports.
‘‘6720. Definitions and application.
‘‘§ 6701. Payments to local governments
‘‘(a) PAYMENT AND USE.—
‘‘(1) PAYMENT.—The Secretary of the Treasury
shall pay to each unit of general local government
which qualifies for a payment under this chapter an
amount equal to the sum of any amounts allocated
to the government under this chapter for each pay-
ment period. The Secretary shall pay such amount
out of the Local Government Fiscal Assistance Fund
under section 6702.
‘‘(2) USE.—Amounts paid to a unit of general
local government under this section shall be used by
that unit for carrying out one or more programs of
the unit related to—
‘‘(A) education to prevent crime; or
‘‘(B) health to prevent crime.
‘‘(b) TIMING OF PAYMENTS.—They shall pay each
amount allocated under this chapter to a unit of general
local government for a payment period by the later of 60
days after the date the amount is available or the first
day of the payment period.
‘‘(c) ADJUSTMENTS.—(1) Subject to paragraph (2),
the Secretary shall adjust a payment under this chapter
to a unit of general local government to the extent that
a prior payment to the government was more or less than
the amount required to be paid.
‘‘(2) The Secretary may increase or decrease under
this subsection a payment to a unit of local government
only if the Secretary determines the need for the increase
or decrease, or the unit requests the increase or decrease,
within one year after the end of the payment period for
which the payment was made.
‘‘(d) RESERVATION FOR ADJUSTMENTS.—The Sec-
retary may reserve a percentage of not more than 0.5 per-
cent of the amount under this section for a payment pe-
riod for all units of general local government in a State
if the Secretary considers the reserve is necessary to en-
sure the availability of sufficient amounts to pay adjust-
ments after the final allocation of amounts among the
units of general local government in the State.
‘‘(e) REPAYMENT OF UNEXPENDED AMOUNTS.—
‘‘(1) REPAYMENT REQUIRED.—A unit of gen-
eral local government shall repay to the Secretary,
by not later than November 15, 1995, any amount
that is—
‘‘(A) paid to the unit from amounts appro-
priated for fiscal year 1995 under the authority
of this section; and
‘‘(B) not expended by the unit by October
31, 1995.
‘‘(2) DEPOSIT OF AMOUNTS REPAID.—Amounts
received by the Secretary as repayments under this
subsection shall be deposited in the general fund of
the Treasury as miscellaneous receipts.
‘‘(f) EXPENDITURE WITH DISADVANTAGED BUSI-
NESS ENTERPRISES.—
‘‘(1) GENERAL RULE.—Of amounts paid to a
unit of general local government under this chapter
for a payment period, not less than 10 percent of
the total combined amounts obligated by the unit for
contracts and subcontracts shall be expended with—
‘‘(A) small business concerns controlled by
socially and economically disadvantaged individ-
uals and women; and
‘‘(B) historically Black colleges and univer-
sities and colleges and universities having a stu-
dent body in which more than 20 percent of the
students are Hispanic Americans or Native
Americans.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply to amounts paid to a unit of general local gov-
ernment to the extent the unit determines that the
paragraph does not apply through a process that
provides for public participation.
‘‘(3) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) the term ‘small business concern’ has
the meaning such term has under section 3 of
the Small Business Act; and
‘‘(B) the term ‘socially and economically
disadvantaged individuals’ has the meaning
such term has under section 8(d) of the Small
Business Act and relevant subcontracting regu-
lations promulgated pursuant to that section.
‘‘(g) NONSUPPLANTING REQUIREMENT.—(1) Funds
made available under this chapter to 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 funds under this chapter, be made
available from State or local sources.
‘‘(2) The total level of funding available to a unit of
local government for accounts serving eligible purposes
under this chapter in the fiscal year immediately preceding
receipt of a grant under this chapter shall be designated
the ‘‘base level account’’ for the fiscal year in which grant
is received. Grants under this chapter in a given fiscal year
shall be reduced on a dollar for dollar basis to the extent
that a unit of local government reduces its base level ac-
count in that fiscal year.
‘‘(3) The Secretary shall issue regulations to imple-
ment this subsection.
‘‘§ 6702. Local Government Fiscal Assistance Fund
‘‘(a) ADMINISTRATION OF FUND.—The Department
of the Treasury has a Local Government Fiscal Assistance
Fund, which consists of amounts appropriated to the
Fund.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to the Fund
$2,000,000,000 for fiscal years 1995 and 1996.
‘‘§ 6703. Qualification for payment
‘‘(a) IN GENERAL.—Under regulations issued by the
Secretary, a unit of general local government qualifies for
a payment under this chapter for a payment period only
after establishing to the satisfaction of the Secretary
that—
‘‘(1) the government will establish a trust fund
in which the government will deposit all payments
received under this chapter;
‘‘(2) the government will use amounts in the
trust fund (including interest) during a reasonable
period specified in the regulations issued by the
Secretary;
‘‘(3) the government will expend the payments
so received, in accordance with the laws and proce-
dures that are applicable to the expenditure of reve-
nues of the government;
‘‘(4) if at least 25 percent of the pay of individ-
uals employed by the government in a public em-
ployee occupation is paid out of the trust fund, indi-
viduals in the occupation any part of whose pay is
paid out of the trust fund will receive pay at least
equal to the prevailing rate of pay for individuals
employed in similar public employee occupations by
the government;
‘‘(5) if at least 25 percent of the costs of a con-
struction project are paid out of the trust fund, la-
borers and mechanics employed by contractors or
subcontractors on the project will receive pay at
least equal to the prevailing rate of pay for similar
construction in the locality as determined by the
Secretary of Labor under the Act of March 3, 1931
(46 Stat. 1494 et seq.; popularly known as the
Davis-Bacon Act), and the Secretary of Labor shall
act on labor standards under this paragraph in a
manner that is in accordance with Reorganization
Plan No. 14 of 1950 (64 Stat. 1267) and section 2
of the Act of June 13, 1934 (48 Stat. 948);
‘‘(6) the government will use accounting, audit,
and fiscal procedures that conform to guidelines
which shall be prescribed by the Secretary after con-
sultation with the Comptroller General of the United
States;
‘‘(7) after reasonable notice to the government,
the government will make available to the Secretary
and the Comptroller General of the United States,
with the right to inspect, records the Secretary rea-
sonably requires to review compliance with this
chapter or the Comptroller General of the United
States reasonably requires to review compliance and
operations under section 6718(b); and
‘‘(8) the government will make reports the Sec-
retary reasonably requires, in addition to the annual
reports required under section 6719(b).
‘‘(b) REVIEW BY GOVERNORS.—A unit of general
local government shall give the chief executive officer of
the State in which the government is located an oppor-
tunity for review and comment before establishing compli-
ance with subsection (a).
‘‘(c) SANCTIONS FOR NONCOMPLIANCE.—(1) If the
Secretary decides that a unit of general local government
has not complied substantially with subsection (a) or regu-
lations prescribed under subsection (a), the Secretary shall
notify the government. The notice shall state that if the
government does not take corrective action by the 60th
day after the date the government receives the notice, the
Secretary will withhold additional payments to the govern-
ment for the current payment period and later payment
periods until the Secretary is satisfied that the govern-
ment—
‘‘(A) has taken the appropriate corrective ac-
tion; and
‘‘(B) will comply with subsection (a) and regu-
lations prescribed under subsection (a).
‘‘(2) Before giving notice under paragraph (1), the
Secretary shall give the chief executive officer of the unit
of general local government reasonable notice and an op-
portunity for a proceeding.
‘‘(3) The Secretary may make a payment to a unit
of general local government notified under paragraph (1)
only if the Secretary is satisfied that the government—
‘‘(A) has taken the appropriate corrective ac-
tion; and
‘‘(B) will comply with subsection (a) and regu-
lations prescribed under subsection (a).
‘‘§ 6704. State area allocations; allocations and pay-
ments to territorial governments
‘‘(a) FORMULA ALLOCATION BY STATE.—For each
payment period, the Secretary shall allocate to each State
out of the amount appropriated for the period under the
authority of section 6702(b) (minus the amounts allocated
to territorial governments under subsection (e) for the
payment period) an amount bearing the same ratio to the
amount appropriated (minus such amounts allocated
under subsection (e)) as the amount allocated to the State
under this section bears to the total amount allocated to
all States under this section. The Secretary shall—
‘‘(1) determine the amount allocated to the
State under subsection (b) or (c) of this section and
allocate the larger amount to the State; and
‘‘(2) allocate the amount allocated to the State
to units of general local government in the State
under sections 6705 and 6706.
‘‘(b) GENERAL FORMULA.—(1) The amount allocated
to a State under this subsection for a payment period is
the amount bearing the same ratio to $5,300,000,000
as—
‘‘(A) the population of the State, multiplied by
the general tax effort factor of the State (deter-
mined under paragraph (2)), multiplied by the rel-
ative income factor of the State (determined under
paragraph (3)), multiplied by the relative rate of the
labor force unemployed in the State (determined
under paragraph (4)); bears to
‘‘(B) the sum of the products determined under
subclause (A) of this paragraph for all States.
‘‘(2) The general tax effort factor of a State for a
payment period is—
‘‘(A) the net amount of State and local taxes of
the State collected during the years used by the Sec-
retary of Commerce in the most recent Bureau of
the Census general determination of State and local
taxes made before the beginning of the payment pe-
riod; divided by
‘‘(B) the total income of individuals, as deter-
mined by the Secretary of Commerce for national in-
come accounts purposes, attributed to the State for
the same years.
‘‘(3) The relative income factor of a State is a frac-
tion in which—
‘‘(A) the numerator is the per capita income of
the United States; and
‘‘(B) the denominator is the per capita income
of the State.
‘‘(4) The relative rate of the labor force unemployed
in a State is a fraction in which—
‘‘(A) the numerator is the percentage of the
labor force of the State that is unemployed (as de-
termined by the Secretary of Labor for general sta-
tistical purposes); and
‘‘(B) the denominator is the percentage of the
labor force of the United States that is unemployed
(as determined by the Secretary of Labor for general
statistical purposes).
‘‘(c) ALTERNATIVE FORMULA.—The amount allo-
cated to a State under this subsection for a payment pe-
riod is the total amount the State would receive if—
‘‘(1) $1,166,666,667 were allocated among the
States on the basis of population by allocating to
each State an amount bearing the same ratio to the
total amount to be allocated under this paragraph as
the population of the State bears to the population
of all States;
‘‘(2) $1,166,666,667 were allocated among the
States on the basis of population inversely weighted
for per capita income, by allocating to each State an
amount bearing the same ratio to the total amount
to be allocated under this paragraph as—
‘‘(A) the population of the State, multi-
plied by a fraction in which—
‘‘(i) the numerator is the per capita
income of all States; and
‘‘(ii) the denominator is the per capita
income of the State; bears to
‘‘(B) the sum of the products determined
under subparagraph (A) for all States;
‘‘(3) $600,000,000 were allocated among the
States on the basis of income tax collections by allo-
cating to each State an amount bearing the same
ratio to the total amount to be allocated under this
paragraph as the income tax amount of the State
(determined under subsection (d)(1)) bears to the
sum of the income tax amounts of all States;
‘‘(4) $600,000,000 were allocated among the
States on the basis of general tax effort by allocat-
ing to each State an amount bearing the same ratio
to the total amount to be allocated under this para-
graph as the general tax effort amount of the State
(determined under subsection (d)(2)) bears to the
sum of the general tax effort amounts of all States;
‘‘(5) $600,000,000 were allocated among the
States on the basis of unemployment by allocating to
each State an amount bearing the same ratio to the
total amount to be allocated under this paragraph
as—
‘‘(A) the labor force of the State, multi-
plied by a fraction in which—
‘‘(i) the numerator is the percentage
of the labor force of the State that is un-
employed (as determined by the Secretary
of Labor for general statistical purposes);
and
‘‘(ii) the denominator is the percent-
age of the labor force of the United States
that is unemployed (as determined by the
Secretary of Labor for general statistical
purposes);
bears to
‘‘(B) the sum of the products determined
under subparagraph (A) for all States; and
‘‘(6) $1,166,666,667 were allocated among the
States on the basis of urbanized population by allo-
cating to each State an amount bearing the same
ratio to the total amount to be allocated under this
paragraph as the urbanized population of the State
bears to the urbanized population of all States. In
this paragraph, the term ‘urbanized population’
means the population of an area consisting of a
central city or cities of at least 50,000 inhabitants
and the surrounding closely settled area for the city
or cities considered as an urbanized area by the Sec-
retary of Commerce for general statistical purposes.
‘‘(d) INCOME TAX AMOUNT
AND TAX EFFORT
AMOUNT.—(1) The income tax amount of a State for a
payment period is 15 percent of the net amount collected
during the calendar year ending before the beginning of
the payment period from the tax imposed on the income
of individuals by the State and described as a State in-
come tax under section 164(a)(3) of the Internal Revenue
Code of 1986 (26 U.S.C. 164(a)(3)). The income tax
amount for a payment period shall be at least one percent
but not more than 6 percent of the United States Govern-
ment individual income tax liability attributed to the State
for the taxable year ending during the last calendar year
ending before the beginning of the payment period. The
Secretary shall determine the Government income tax li-
ability attributed to the State on the same basis as the
Secretary of the Treasury determines that liability for gen-
eral statistical purposes.
‘‘(2) The general tax effort amount of a State for
a payment period is the amount determined by multiply-
ing—
‘‘(A) the net amount of State and local taxes of
the State collected during the years used by the Sec-
retary of Commerce in the most recent Bureau of
the Census general determination of State and local
taxes made before the beginning of the payment pe-
riod; by
‘‘(B) the general tax effort factor of the State
determined under subsection (b)(2).
‘‘(e) ALLOCATION FOR PUERTO RICO, GUAM, AMER-
ICAN SAMOA, AND THE VIRGIN ISLANDS.—(1)(A) For
each payment period for which funds are available for allo-
cation under this chapter, the Secretary shall allocate to
each territorial government an amount equal to the prod-
uct of 1 percent of the amount of funds available for allo-
cation multiplied by the applicable territorial percentage.
‘‘(B) For the purposes of this paragraph, the applica-
ble territorial percentage of a territory is equal to the
quotient resulting from the division of the territorial popu-
lation of such territory by the sum of the territorial popu-
lation for all territories.
‘‘(2) The governments of the territories shall make
payments to local governments within their jurisdiction
from sums received under this subsection as they consider
appropriate.
‘‘(3) For purposes of this subsection—
‘‘(A) the term ‘territorial government’
means the government of a territory;
‘‘(B) the term ‘territory’ means Puerto
Rico, Guam, American Samoa, and the Virgin
Islands; and
‘‘(C) the term ‘territorial population’
means the most recent population for each ter-
ritory as determined by the Bureau of Census.
‘‘§ 6705. Local government allocations
‘‘(a) INDIAN TRIBES AND ALASKAN NATIVES VIL-
LAGES.—If there is in a State an Indian tribe or Alaskan
native village having a recognized governing body carrying
out substantial governmental duties and powers, the Sec-
retary shall allocate to the tribe or village, out of the
amount allocated to the State under section 6704, an
amount bearing the same ratio to the amount allocated
to the State as the population of the tribe or village bears
to the population of the State. The Secretary shall allocate
amounts under this subsection to Indian tribes and Alas-
kan native villages in a State before allocating amounts
to units of general local government in the State under
subsection (b).
‘‘(b) OTHER LOCAL GOVERNMENT ALLOCATIONS.—
(1) The Secretary shall allocate among the units of general
local government in a State (other than units receiving
allocations under subsection (a)) the amount allocated to
the State under section 6704 (as that amount is reduced
by allocations under subsection (a)). Of the amount to be
allocated, the Secretary shall allocate a portion equal to
1⁄2 of such amount in accordance with section 6706(1),
and shall allocate a portion equal to 1⁄2 of such amount
in accordance with section 6706(2). A unit of general local
government shall receive an amount equal to the sum of
amounts allocated to the unit from each portion.
‘‘(2) From each portion to be allocated to units of
local government in a State under paragraph (1), the Sec-
retary shall allocate to a unit an amount bearing the same
ratio to the funds to be allocated as—
‘‘(A) the population of the unit, multiplied by
the general tax effort factor of the unit (determined
under paragraph (3)), multiplied by the income gap
of the unit (determined under paragraph (4)), bears
to
‘‘(B) the sum of the products determined under
subparagraph (A) for all units in the State for which
the income gap for that portion under paragraph (4)
is greater than zero.
‘‘(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 Sec-
retary) 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
general local government that are imposed by a county
government in the geographic area of which is located the
unit of general local government as taxes imposed by the
unit for public purposes if—
‘‘(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 ex-
pend the revenue; and
‘‘(II) the chief executive officer of the State no-
tifies the Secretary that the taxes satisfy the re-
quirements of this clause.
‘‘(iii) The adjusted taxes of a unit of general local
government shall not exceed the maximum allowable ad-
justed 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.
‘‘(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 govern-
ment of the same type’ means all townships if the
unit of general local government is a township, all
municipalities 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 gov-
ernment 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—
‘‘(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
Secretary decides that information available for a unit of
general local government with a population below a num-
ber (of not more than 500) prescribed by the Secretary
is inadequate, 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—
‘‘(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
provide by law for the allocation of amounts among units
of general local government in the State on the basis of
population multiplied by the general tax effort factors or
income gaps of the units of general local government (de-
termined under sections 6705(a) and (b) or a combination
of those factors. A State government providing for a vari-
ation of an allocation formula provided under section
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 al-
located under section 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
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 al-
located to a unit of general local government (except an
Indian tribe or an Alaskan native village) for a payment
period would be less than $5,000 but for this subsection
or is waived by the governing authority of the unit of gen-
eral 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).
‘‘§ 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 Sec-
retary of Commerce and the Secretary of Labor before the
beginning of the payment period to determine an alloca-
tion 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 in-
formation (including information based on estimates) as
provided under regulations of the Secretary.
‘‘(b) POPULATION DATA.—(1) The Secretary shall
determine population on the same basis that the Secretary
of Commerce determines resident population for general
statistical purposes.
‘‘(2) The Secretary shall request the Secretary of
Commerce to adjust the population information provided
to the Secretary as soon as practicable to include a reason-
able estimate 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 alloca-
tions for the payment period beginning after the Secretary
receives the estimates. The Secretary shall adjust popu-
lation information to reflect adjustments made under sec-
tion 118 of the Act of October 1, 1980 (Public Law 96–
369, 94 Stat. 1357).
‘‘(c) ADDITIONAL DATA LIMITATIONS.—The Sec-
retary 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 Rob-
ert T. Stafford Disaster Relief and Emergency
Assistance 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 pay-
ment in relation to its entire budget. At the hearing, per-
sons 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 budg-
et. The government shall hold the hearing at a time and
a place that allows and encourages public attendance and
participation.
‘‘(2) A unit of general local government holding a
hearing required under this subsection or by the budget
process of the government shall try to provide senior citi-
zens and senior citizen organizations with an opportunity
to present views at the hearing before the government
makes a final decision on the use of the payment.
‘‘(b) DISCLOSURE
OF INFORMATION.—(1) By the
10th day before a hearing required under subsection
(a)(1) is held, a unit of general local government shall—
‘‘(A) make available for inspection by the public
at the principal office of the government a statement
of the proposed use of the payment and a summary
of the proposed budget of the government; and
‘‘(B) publish in at least one newspaper of gen-
eral circulation the proposed use of the payment
with the summary of the proposed budget and a no-
tice of the time and place of the hearing.
‘‘(2) By the 30th day after adoption of the budget
under State or local law, the government shall—
‘‘(A) make available for inspection by the public
at the principal office of the government a summary
of the adopted budget, including the proposed use of
the payment; and
‘‘(B) publish in at least one newspaper of gen-
eral circulation a notice that the information re-
ferred to in subparagraph (A) is available for inspec-
tion.
‘‘(c) WAIVERS OF REQUIREMENTS.—Under regula-
tions 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
subsection (a); and
‘‘(B) includes a hearing on the proposed
use of a payment received under this chapter in
relation to the entire budget of the government;
and
‘‘(2) under subsection (b)(1)(B) and (2)(B)
may be waived if the cost of publishing the informa-
tion would be unreasonably burdensome in relation
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
Secretary is satisfied that a unit of general local govern-
ment will provide adequate notice of the proposed use of
a payment received under this chapter, the 10-day period
under subsection (b)(1) may be changed to the extent nec-
essary to comply with applicable State or local law.
‘‘(e) APPLICATION
TO
GOVERNMENTS
WITHOUT
BUDGETS.—The Secretary shall prescribe regulations for
applying this section to units of general local government
that do not adopt budgets.
‘‘§ 6711. Prohibited discrimination
‘‘(a) GENERAL PROHIBITION.—No person in the
United States shall be excluded from participating in, be
denied the benefits of, or be subject to discrimination
under, a program or activity of a unit of general local gov-
ernment because of race, color, national origin, or sex if
the government receives a payment under this chapter.
‘‘(b) ADDITIONAL
PROHIBITIONS.—The following
prohibitions and exemptions also apply to a program or
activity of a unit of general local government if the govern-
ment 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.
‘‘(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 gov-
ernment shows, by clear and convincing evidence, that a
payment 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 in-
vestigate 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 sec-
tion; 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.
‘‘§ 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 Sec-
retary. Except as provided in subsection (e), the govern-
ment 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 Sec-
retary shall decide whether the unit of general local gov-
ernment 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 government 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 re-
quest for the proceeding. The proceeding shall be before
an administrative law judge appointed under section 3105
of title 5. By the 30th day after the beginning of the pro-
ceeding, the judge shall issue a preliminary decision 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—
‘‘(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
preliminary decision that the government is not likely to
prevail if the judge has issued a decision described in para-
graph (2)(A).
‘‘(e) BASIS FOR REVIEW.—In a proceeding under
subsections (b) through (d) on a program or activity of
a unit of general local government about which a holding
of discrimination has been made, the Secretary or admin-
istrative 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 con-
clusive. 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—
‘‘(A) if an administrative law judge appointed
under section 3105 of title 5 issues a preliminary de-
cision 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
government 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
TERMI-
NATIONS.—If a holding of discrimination is reversed by
an appellate court, a suspension or termination of pay-
ments in a proceeding based on the holding shall be dis-
continued.
‘‘(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—
‘‘(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