Violent Crime Control and Law Enforcement Act of 1994
PL 103-322 (H.R.3355), enacted 09/13/1994

108 STAT. 1796 
PUBLIC LAW 103-322—SEPT. 13, 1994 
Public Law 103-322 
103d Congress 
An Act 
Sept. 13, 1994 
[H.R. 3355] 
Violent Crime 
Control and Law 
Enforcement 
Act of 1994. 
Inter-
governmental 
relations. 
42 u s e 13701 
note. 
To control and prevent crime. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Violent Crime Control and 
Law Enforcement Act of 1994". 
SEC. 2. TABLE OF CONTENTS. 
The following is the table of contents for this Act: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—PUBLIC SAFETY AND POLICING 
Sec. 10001. Short title. 
Sec. 10002. Purposes. 
Sec. 10003. Community policing; "Cops on the Beat". 
TITLE II—PRISONS 
Subtitle A—Violent Offender Incarceration and Truth in Sentencing Incentive 
Grants 
Sec. 20101. Grants for correctional facilities. 
Sec. 20102. Truth in sentencing incentive grants. 
Sec. 20103. Violent offender incarceration grants. 
Sec. 20104. Matching requirement. 
Sec. 20105. Rules and regulations. 
Sec. 20106. Technical assistance and training. 
Sec. 20107. Evaluation. 
Sec. 20108. Definitions. 
Sec. 20109. Authorization of appropriations. 
Subtitle B—Punishment for Young Offenders 
Sec. 20201. Certain punishment for young offenders. 
Subtitle C—^Alien Incarceration 
Sec. 20301. Incarceration of undocumented criminal aliens. 
Subtitle D—Miscellaneous Provisions 
Sec. 20401. Prisoner's place of imprisonment. 
Sec. 20402. Prison impact assessments. 
Sec. 20403. Sentences to account for costs to the Government of imprisonment, re-
lease, and probation. 
Sec. 20404. Application to prisoners to which prior law applies. 
Sec. 20405. Crediting of "good time". 
Sec. 20406. Task force on prison construction standardization and techniques. 
Sec. 20407. Efficiency in law enforcement and corrections. 
Sec. 20408. Amendments to the Department of Education Organization Act and the 
National Literacy Act of 1991. 
Sec. 20409. Appropriate rememes for prison overcrowding. 
Sec. 20410. Congressional approval of any expansion at Lorton and congressional 
hearings on future needs. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1797 
Sec. 20411. Awards of Pell Grants to prisoners prohibited. 
Sec. 20412. Education requirement for early release. 
Sec. 20413. Conversion of closed military installations into Federal prison facilities. 
Sec. 20414. Post-conviction release drug testing—Federal offenders. 
Sec. 20415. Rei>orting of cash received by criminal court clerks. 
Sec. 20416. Civil rights of institutionalized persons. 
Sec. 20417. Notification of release of prisoners. 
Sec. 20418. Correctional job training and placement. 
TITLE III—CRIME PREVENTION 
Subtitle A—Ounce of Prevention Council 
Sec. 30101. Ounce of Prevention Council. 
Sec. 30102. Ounce of prevention grant program. 
Sec. 30103. Definition. 
Sec. 30104. Authorization of appropriations. 
Subtitle B—Local Crime Prevention Block Grant Program 
Sec. 30201. Payments to local governments. 
Sec. 30202. Authorization of appropriations. 
Sec. 30203. Quedification for payment. 
Sec. 30204. Allocation and distribution of fimds. 
Sec. 30205. Utilization of private sector. 
Sec. 30206. PubUc participation. 
Sec. 30207. Admimstrative provisions. 
Sec. 30208. Definitions. 
Subtitle C—^Model Intensive Grant Programs 
Sec. 30301. Grant authorization. 
Sec. 30302. Uses of funds. 
Sec. 30303. Program requirements. 
Sec. 30304. Applications. 
Sec. 30305. Reports. 
Sec. 30306. Definitions. 
Sec. 30307. Authorization of appropriations. 
Subtitle D—^Family and Community Endeavor Schools Grant Program 
Sec. 30401. Community schools youth services and supervision grant program. 
Sec. 30402. Family and community endeavor schools grant program. 
Sec. 30403. Authorization of appropriations. 
Subtitle G—^Assistance for Delinquent and At-Risk Youth 
Sec. 30701. Grant authority. 
Sec. 30702. Authorization of appropriations. 
Subtitle H—^Police Recruitment 
Sec. 30801. Grant authority. 
Sec. 30802. Authorization of appropriations. 
Subtitle J—Local Partnership Act 
Sec. 31001. Establishment of pajrment program. 
Sec. 31002. Technical amendment. 
Subtitle K—^National Community Economic Partnership 
Sec. 31101. Short title. 
CHAPTER 1—COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS 
Sec. 31111. Purpose. 
Sec. 31112. Provision of assistance. 
Sec. 31113. Approval of applications. 
Sec. 31114. AvailabiUty of lines of credit and use. 
Sec. 31115. Limitations on use of funds. 
Sec. 31116. Program priority for special emphasis programs. 
CHAPTER 2—EMERGING COMMUNITY DEVELOPMENT CORPORATIONS 
Sec. 31121. Community development corporation improvement grants. 
Sec. 31122. Emerging commumty development corporation revolving loan funds. 
CHAPTER 3—^MISCELLANEOUS PROVISIONS 
Sec. 31131. Definitions. 
108 STAT. 1798 
PUBLIC LAW 103-322—SEPT. 13, 1994 
Sec. 31132. Authorization of appropriations. 
Sec. 31133. Prohibition. 
Subtitle O—^Urban Recreation and At-Risk Youth 
Sec. 31501. Purpose of assistance. 
Sec. 31502. Definitions. 
Sec. 31503. Criteria for selection. 
Sec. 31504. Park and recreation action recovery programs. 
Sec. 31505. Miscellaneous and techniced amendmente. 
Subtitlf Q—Community-Based Justice Grants for Prosecutors 
Sec. 31701. Grant authorization. 
Sec. 31702. Use of funds. 
Sec. 31703. Applications. 
Sec. 31704. Allocation of funds; limitations on grants. 
Sec. 31705. Award of grants. 
Sec. 31706. Reports. 
Sec. 31707. Authorization of appropriations. 
Sec. 31708. Definitions. 
Subtitle S—^Family Unity Demonstration Project 
Sec. 31901. Short title. 
Sec. 31902. Purpose. 
Sec. 31903. Definitions. 
Sec. 31904. Authorization of appropriations. 
CHAPTER 1—GRANTS TO STATES 
Sec. 31911. Authority to make grants. 
Sec. 31912. Eligibility to receive grants. 
Sec. 31913. Reports. 
CHAPTER 2—FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS 
Sec. 31921. Authority of the Attorney General. 
Sec. 31922. Requirements. 
Subtitle T—Substance Abuse Treatment in Federal Prisons 
Sec. 32001. Substance abuse treatment in Federal prisons. 
Subtitle U—^Residential Substance Abuse Treatment for State Prisoners 
Sec. 32101. Residentied substance abuse treatment for State prisoners. 
Subtitle V—Prevention, Diagnosis, and Treatment of Tuberculosis in Correctional 
Institutions 
Sec. 32201. Prevention, diagnosis, and treatment of tubercidosis in correctional in-
stitutions. 
Subtitle X—Gang Resistance Education and Training 
Sec. 32401. Gang resistance education and training projects. 
TITLE IV—VIOLENCE AGAINST WOMEN 
Sec. 40001. Short title. 
Subtitle A—Safe Streets for Women 
Sec. 40101. Short title. 
CHAPTER 1—-FEDERAL PENALTIES FOR SEX CRIMES 
Sec. 40111. Repeat offenders. 
Sec. 40112. Federal penalties. 
Sec. 40113. Mandatory restitution for sex crimes. 
Sec. 40114. Authorization for Federal victim's counselors. 
CHAPTER 2—LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE VIOLENT 
CRIMES AGAINST WOMEN 
Sec. 40121. Grants to combat violent crimes against women. 
CHAPTER 3—SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC PARKS 
Sec. 40131. Grants for capital improvements to prevent crime in public transpor-
tation. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1799 
Sec. 40132. Grants for capital improvements to prevent crime in national parks. 
Sec. 40133. Grants for capital improvements to prevent crime in public parks. 
CHAPTER 4—^NEW EVIDENTIARY RULES 
Sec. 40141. Sexual history in criminal and civil cases. 
CHAPTER 5—^ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT 
Sec. 40151. Education and prevention grants to reduce sexual assaults against 
women. 
Sec. 40152. Training programs. 
Sec. 40153. Confidentiality of communications between sexual assault or domestic 
violence victims and their counselors. 
Sec. 40154. Information programs. 
Sec. 40155. Education and prevention grants to reduce sexual abuse of runaway, 
homeless, and street youth. 
Sec. 40156. Victims of child abuse programs. 
Subtitie B—Safe Homes for Women 
Sec. 40201. Short titie. 
CHAPTER 1—^NATIONAL DOMESTIC VIOLENCE HOTLINE 
Sec. 40211. Grant for a national domestic violence hotline. 
CHAPTER 2—^INTERSTATE ENFORCEMENT 
Sec. 40221. Interstate enforcement. 
CHAPTER 3—^ARREST POLICIES IN DOMESTIC VIOLENCE CASES 
Sec. 40231. Encouraging arrest policies. 
CHAPTER 4—SHELTER GRANTS 
Sec. 40241. Grants for battered women's shelters. 
CHAPTER 5—YOUTH EDUCATION 
Sec. 40251. Youth education and domestic violence. 
CHAPTER 6—COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE 
Sec. 40261. EstabUshment of community programs on domestic violence. 
CHAPTER 7—FAMILY VIOLENCE PREVENTION AND SERVICES ACT AMENDMENTS 
Sec. 40271. Grantee reporting. 
Sec. 40272. Technical amendments. 
CHAPTER 8—CONFIDENTIALITY F
O
R ABUSED PERSONS 
Sec. 40281. Confidentiality of abused person's address. 
CHAPTER 9—DATA AND RESEARCH 
Sec. 40291. Research agenda. 
Sec. 40292. State databases. 
Sec. 40293. Number and cost of ii^uries. 
CHAPTER 10—RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT 
Sec. 40295. Riiral domestic violence and child abuse enforcement assistance. 
Subtitie C—Civil Rights for Women 
Sec. 40301. Short titie. 
Sec. 40302. Civil rights. 
Sec. 40303. Attorney's fees. 
Sec. 40304. Sense of the Senate concerning protection of the privacy of rape vic-
tims. 
Subtitie D—Equal Justice for Women in the Coiuts Act 
Sec. 40401. Short titie. 
CHAPTER 1—EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN 
STATE COURTS 
Sec. 40411. Grants authorized. 
Sec. 40412. Training provided by grants. 
108 STAT. 1800 
PUBLIC LAW 103-322—SEPT. 13, 1994 
Sec. 40413. Cooperation in developing programs in making grants under this title. 
Sec. 40414. Autnorization of appropriations. 
CHAPTER 2—EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN 
FEDERAL COURTS 
Sec. 40421. Authorizations of circuit studies; education and training grants. 
Sec. 40422. Authorization of appropriations. 
Subtitle E—^Violence Against Women Act Improvements 
Sec. 40501. Pre-trial detention in sex offense cases. 
Sec. 40502. Increased penalties for sex offenses against victims below the age of 16. 
Sec. 40503. Payment of cost of testing for sexually transmitted diseases. 
Sec. 40504. E^dension and strengtliening of restitution. 
Sec. 40505. Enforcement of restitution orders through suspension of Federal 
benefits. 
Sec. 40506. National baseline study on campus sexual assault. 
/ 
Sec. 40507. Report on battered women's syndrome. 
Sec. 40508. Report on confidentiality of addresses for victims of domestic violence. 
Sec. 40509. Report on recordkeeping relating to domestic violence. 
Subtitle F—^National Stalker and Domestic Violence Reduction 
Sec. 40601. Authorizing access to Federal criminal information databases. 
Sec. 40602. Grant pro-am. 
Sec. 40603. Authorization of appropriations. 
Sec. 40604. Application requirements. 
Sec. 40605. Disbursement. 
Sec. 40606. Techniced assistance, training, and evaluations. 
Sec. 40607. Training programs for judges. 
Sec. 40608. Recommendations on intrastate communication. 
Sec. 40609. Inclusion in national incident-based reporting system. 
Sec. 40610. Report to Congress. 
Sec. 40611. Definitions. 
Subtitie G—^Protections for Battered Immigrant Women and Children 
Sec. 40701. Alien petitioning rights for immediate relative or second preference sta-
tus. 
Sec. 40702. Use of credible evidence in spousfd waiver applications. 
Sec. 40703. Suspension of deportation. 
TITLE V—DRUG COURTS 
Sec. 50001. Drugcovuls. 
Sec. 50002. Study by the General Accounting Office. 
TITLE VI—DEATH PENALTY 
Sec. 60001. Short titie. 
Sec. 60002. Constitutional procedures for the imposition of the sentence of death. 
Sec. 60003. Specific offenses for which death penalty is authorized. 
Sec. 60004. Applicabilitv to Uniform Code of Military Justice. 
Sec. 60005. Death penalty for murder by a Federal prisoner. 
Sec. 60006. Death penalty for civil rights murders. 
Sec. 60007. Death penalty for the murder of Federal law enforcement officials. 
Sec. 60008. New onense for the indiscriminate use of weapons to further drug con-
spiracies. 
Sec. 60009. Foreign murder of United States nationals. 
Sec. 60010. Death penalty for rape and child molestation murders. 
Sec. 60011. Death penalty for sexual exploitation of children. 
Sec. 60012. Murder by escaped prisoners. 
Sec. 60013. Death penalty for gun murders during Federal crimes of violence and 
drug trafficking crimes. 
Sec. 60014. Homicides and attempted homicides involving firearms in Federal fa-
cilities. 
Sec. 60015. Death penaltv for the murder of State or local officials assisting Fed-
eral law enforcement officials and State correctional officers. 
Sec. 60016. Protection of court officers and jurors. 
Sec. 60017. Prohibition of retaliatory killings of witnesses, victims, and informants. 
Sec. 60018. Death penalty for murder of Federal witnesses. 
Sec. 60019. Offenses of violence against maritime navigation or fixed platforms. 
Sec. 60020. Torture. 
Sec. 60021. Violence at airports serving international civil aviation. 
Sec. 60022. Terrorist Death Penalty Act. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1801 
Sec. 60023. Weapons of mass destruction. 
Sec. 60024. Enhanced penalties for alien smuggling. 
Sec. 60025. Protection of jurors and witnesses in capital cases. 
Sec. 60026. Appointment of Counsel. 
TITLE VII—MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED 
OF CERTAIN FELONIES 
Sec. 70001. Mandatory life imprisonment for persons convicted of certain felonies. 
Sec. 70002. Limited grant of authority to Bureau of Prisons. 
TITLE VIII—APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN 
CERTAIN CASES 
Sec. 80001. Limitation on applicability of mandatory minimiun penalties in certain 
cases. 
TITLE K—DRUG CONTROL 
Subtitle A—Enhanced Penalties and Greneral Provisions 
Sec. 90101. Enhancement of penalties for drug trafficking in prisons. 
Sec. 90102. Increased penalties for drug-dealing in "drug-free zones. 
Sec. 90103. Enhanced penalties for illegal dnig use in Federal prisons and for 
smuggling drugs into Federal prisons. 
Sec. 90104. Clarification of narcotic or other dangerous drugs under RICO. 
Sec. 90105. Conforming amendments to recidivist penalty provisions of the Con-
trolled Substances Act and the Controlled Substances Import and Ex-
port Act. 
Sec. 90106. Advertising. 
Sec. 90107. Violent crime and drug emergency areas. 
. 
Subtitle B—^National Narcotics Leadership Act Amendments 
Sec. 90201. Implementation of National Drug Control Strategy. 
Sec. 90202. Report on reprogramming; office personnel restriction. 
Sec. 90203. National Drug Control S&ategy outcome measures. 
Sec. 90204. Counter-Drug Technology Assessment Center. 
Sec. 90205. Special Forfeiture Fundamendments. 
Sec. 90206. Authorization of appropriations. 
Sec. 90207. Adequate staffing of the Office of National Drug Control Policy. 
Sec. 90208. Termination of Office of National Drug Control Policy. 
TITLE X—DRUNK DRIVING PROVISIONS 
Sec. 100001. Short title. 
Sec. 100002. State laws applied in areas of Federal jurisdiction. 
Sec. 100003. Driving while intoxicated prosecution program. 
TITLE XI—FIREARMS 
Subtitle A—Assault Weapons 
Sec. 110101. Short title. 
Sec. 110102. Restriction on manufacture, transfer, and possession of certain semi-
automatic assault weapons. 
Sec. 110103. Ban of large capaci^ ammunition feeding devices. 
Sec. 110104. Study by Attorney General. 
Sec. 110105. Effective date. 
Sec. 110106. Appendix A to section 922 of title 18. 
Subtitle B—^Youth Handgun Safety 
Sec. 110201. Prohibition of the possession of a handgun or ammunition by, or the 
private transfer of a handgun or ammunition to, a juvenile. 
Subtitle C—Licensure 
Sec. 110301. Firearms licensure and registration to require a photograph and fin-
gerprints. 
Sec. 110302. Compliance with State and local law as a condition to license. 
Sec. 110303. Action on firearms Ucense application. 
Sec. 110304. Inspection of firearms licensees'inventory and records. 
Sec. 110305. Reports of theft or loss of firearms. 
Sec. 110306. Responses to requests for information. 
Sec. 110307. Notification of names and addresses of firearms licensees. 
Subtitle D—Domestic Violence 
Sec. 110401. Prohibition against disposal of firearms to, or receipt of firearms by, 
persons who have committed domestic abuse. 
108 STAT. 1802 
PUBLIC LAW 103-322—SEPT. 13, 1994 
Subtitle E—Gun Crime Penalties 
Sec. 110501. Enhanced penalty for use of a semiautomatic firearm during a crime 
of violence or a drug trafficking crime. 
Sec. 110502. Enhanced penalty for second offense of using an explosive to commit 
a felony. 
Sec. 110503. Smuggling firearms in aid of drug trafficking. 
Sec. 110504. Theft of fu-earms and explosives. 
Sec. 110505. Revocation of supervised release after imprisonment. 
Sec. 110506. Revocation of probation. 
Sec. 110507. Increased penalty for knowingly making false, material Statement in 
connection with the acquisition of a firearm from a licensed dealer. 
Sec. 110508. Possession of explosives by felons and others. 
Sec. 110509. Siunmary destruction of explosives subject to forfeiture. 
Sec. 110510. Elimination of outmoded language relating to parole. 
Sec. 110511. Prohibition against transactions involving stolen firearms which have 
moved in interstate or foreign commerce. 
Sec. 110512. Using a firearm in the commission of counterfeiting or forgery. 
Sec. 110513. Enhanced penalties for firearms possession by violent felons and seri-
ous drug offenders. 
Sec. 110514. Receipt of firearms by nonresident. 
Sec. 110515. Theft of firearms or explosives from licensee. 
Sec. 110516. Disposing of explosives to prohibited persons. 
Sec. 110517. Increased penalty for interstate gun trafficking. 
Sec. 110518. Firearms and explosives conspiracy. 
Sec. 110519. Definition of armor piercing ammunition. 
TITLE XII—TERRORISM 
Sec. 120001. Extension of the statute of limitation for certain terrorism offenses. 
Sec. 120002. Jurisdiction over crimes against United States nationals on certain 
foreign ships. 
Sec. 120003. Counterfeiting United States currency abroad. 
Sec. 120004. Sentencing guidelines increase for terrorist crimes. 
Sec. 120005. Providing material support to terrorists. 
TITLE XIII—CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT 
Sec. 130001. Enhancement of penalties for failing to depart, or reentering, aft«r 
final order of deportation. 
Sec. 130002. Criminal aUen tracking center. 
Sec. 130003. Alien witness cooperation and counterterrorism information. 
Sec. 130004. Deportation procedures for certain criminal aliens who are not perma-
nent residents. 
Sec. 130005. Expeditious deportation for denied asylum applicants. 
Sec. 130006. Improving border controls. 
Sec. 130007. Expanded special deportation proceedings. 
Sec. 130008. Authority to accept certain assistance. 
Sec. 130009. Passport and visa offenses penalties improvement. 
Sec. 130010. Asylum. 
TITLE XIV—YOUTH VIOLENCE 
Sec. 140001. Prosecution as adults of certain juveniles for crimes of violence. 
Sec. 140002. Commencement of 
juvenile proceeding. 
Sec. 140003. Separation of juvenile from adult offenders. 
Sec. 140004. Bindover system for certain violent juveniles 
Sec. 140005. Amendment concerning records of crimes committed by juveniles. 
Sec. 140006. Increased penalties for employing children to distribute drugs near 
schools and playgrounds. 
Sec. 140007. Increased penalties for Travel Act crimes involving violence and con-
spiracy to commit contract killings. 
Sec. 140008. Sohcitation of minor to commit crime. 
TITLE XV—CRIMINAL STREET GANGS 
Sec. 150001. Criminal street gangs. 
Sec. 150002. Adult prosecution of serious juvenile offenders. 
Sec. 150003. Addition of anti-gang Byrne grant fiinding objective. 
Sec. 150006. Mentoring program. 
Sec. 150007. Juvenile anti-drug and anti-gang grants in federally assisted low-in-
come housing. 
Sec. 150008. Gang investigation coordination and information collection. 
Sec. 150009. Multijurisdictional gang task forces. 
TITLE XVI—CHILD PORNOGRAPHY 
Sec. 160001. Penalties for international trafficking in child pornography. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1803 
Sec. 160002. Sense of Congress concerning State legislation regarding child pornog-
raphy. 
Sec. 160003. Connrmation of intent of Congress in enacting sections 2252 and 2256 
of title 18, United States Code. 
TITLE XVII—CRIMES AGAINST CHILDREN 
Subtitle A—Jacob Wetterling Crimes Against Children and Sexually Violent 
Offender Registration Act 
Sec. 170101. Establishment of program. 
Subtitle B—Assaults Against Children 
Sec. 170201. Assaults against children. 
Subtitle C—Missing and Exploited Children 
Sec. 170301. Short title. 
Sec. 170302. Purpose. 
Sec. 170303. Establishment of task force. 
TITLE XVIII—RURAL CRIME 
Subtitle A—Drug Trafficking in Rural Areas 
Sec. 180101. Authorizations for rural law enforcement agencies. 
Sec. 180102. Rural crime and drug enforcement task forces. 
Sec. 180103. Rural drug enforcement training. 
Sec. 180104. More agents for the Drug Enforcement Administration. 
Subtitle B—^Drug Free Truck Stops and Safety Rest Areas 
Sec. 180201. Drug free truck stops and safety rest areas. 
Subtitle C—Sense of Congress Regarding Funding for Rural Areas 
Sec. 180301. Funding for rural areas. 
TITLE XIX—FEDERAL LAW ENFORCEMENT 
Sec. 190001. Federal judiciary and Federal law enforcement. 
TITLE XX—POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING 
AND EDUCATION 
Subtitle A—^Police Corps 
Sec. 200101. Short title. 
Sec. 200102. Purposes. 
Sec. 200103. Definitions. 
Sec. 200104. Establishment of office of the police corps and law enforcement edu-
cation. 
Sec. 200105. Designation of lead agency and submission of State plan. 
Sec. 200106. Scholarship assistance. 
Sec. 200107. Selection of participants. 
Sec. 200108. Police corps training. 
Sec. 200109. Service obligation. 
Sec. 200110. State plan reouirements. 
Sec. 200111. Assistance to States and localities employing poUce corps officers. 
Sec. 200112. Authorization of appropriations. 
Sec. 200113. Reports to congress. 
Subtitle B—Law Enforcement Scholarship Program 
Sec. 200201. Short title. 
Sec. 200202. Definitions. 
Sec. 200203. Allotment. 
Sec. 200204. Establishment of program. 
Sec. 200205. Scholarships. 
Sec. 200206. Eligibility. 
Sec. 200207. State application. 
Sec. 200208. Local application. 
Sec. 200209. Scholarship agreement. 
Sec. 200210. Authorization of appropriations. 
TITLE 
XXI—STATE 
AND 
LOCAL 
LAW 
ENFORCEMENT 
Subtitle A—Byrne Program 
Sec. 210101. Extension of Byrne Grant funding. 
108 STAT. 1804 
PUBLIC LAW 103-322—SEPT. 13, 1994 
Subtitle B—Law Enforcement Family Support 
Sec. 210201. Law enforcement family support. 
Subtitle C—DNA Identification 
Sec. 210301. Short title. 
Sec. 210302. Funding to improve the quality and availability of DNA analyses for 
law enforcement identification purposes. 
Sec. 210303. Quality assiu*ance and proficiency testing standards. 
Sec. 210304. Index to facilitate law enforcement exchange of DNA identification in-
formation. 
Sec. 210305. Federal Bxireau of Investigation. 
Sec. 210306. Authorization of appropriations. 
Subtitle D—^Police Pattern or Practice 
Sec. 210401. Cause of action. 
Sec. 210402. Data on use of excessive force. 
Subtitle E—Improved Training and Technical Automation 
Sec. 210501. Improved training and technical automation. 
Subtitle F—Other State and Local Aid 
Sec. 210601. Reauthorization of Ofiice of Justice Programs. 
Sec. 210602. Federal assistance to ease the increased biirdens on State coiut sys-
tems resiilting fi^m enactment of this Act. 
Sec. 210603. Avadlability of violent crime reduction trust fund to fund activities au-
thorized by the Brady Handgun Violence Prevention Act and the 
National Child Protection Act of 1993. 
TITLE XXII—MOTOR VEHICLE THEFT PREVENTION 
Sec. 220001. Short title. 
Sec. 220002. Motor vehicle theft prevention program. 
Sec. 220003. Altering or removing motor vehicle identification numbers. 
TITLE XXIII—VICTIMS OF CRIME 
Subtitle A—^Victims of Crime 
Sec. 230101. Victim's right of allocution in sentencing. 
Sec. 230102. Sense of the Senate concerning the right of a victim of a violent crime 
or sexual abuse to speak at an offender's sentencing hearing and 
any parole hearing. 
Subtitle B—Crime Victims' Fund 
Sec. 230201. Allocation of funds for costs and grants. 
Sec. 230202. Relationship of crime victim compensation to ceitain Federal pro-
grams. 
Sec. 230203. Aobninistrative costs for crime victim compensation. 
Sec. 230204. Grants for demonstration projects. 
Sec. 230205. Administrative costs for crime victim assistance. 
Sec. 230206. Maintenance of effort. 
Sec. 230207. Change of due date for required report. 
Sec. 230208. Amendment of the Victims of Crime Act. 
TITLE XXIV—PROTECTIONS FOR THE ELDERLY 
Sec. 240001. Missing Alzheimer's Disease Patient Alert Program. 
Sec. 240002. Crimes against the elderly. 
TITLE XXV—SENIOR CITIZENS AGAINST MARKETING SCAMS 
Sec. 250001. Short titie. 
Sec. 250002. Enhanced penalties for telemarketing fraud. 
Sec. 250003. Increased penalties for fraud against older victims. 
Sec. 250004. Rewards for information leading to prosecution and conviction. 
Sec. 250005. Authorization of appropriations. 
Sec. 250006. Broadening application of mail fraud statute. 
Sec. 250007. Fraud ^ d related activity in connection with access devices. 
Sec. 250008. Information network. 
TITLE XXVI—COMMISSION MEMBERSHIP AND APPOINTMENT 
Sec. 260001. Commission membership and appointment. 
Sec. 260002. Conforming amendment. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1805 
TITLE XXVII—PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL 
COMMISSION ON CRIME PREVENTION AND CONTROL 
Sec. 270001. Presidential siunmit. 
Sec. 270002. Establishment; committees and task forces; representation. 
Sec. 270003. Purposes. 
Sec. 270004. Responsibilities of the Conrniission. 
Sec. 270005. Administrative matters. 
Sec. 270006. Staff and support services. 
Sec. 270007. Powers. 
Sec. 270008. Report; termination. 
Sec. 270009. Authorization of appropriations. 
TITLE XXVIII—SENTENCING PROVISIONS 
Sec. 280001. Imposition of sentence. 
Sec. 280002. Technical amendment to mandatory conditions of probation. 
Sec. 280003. Direction to United States Sentencing Commission regarding sentenc-
ing enhancements for hate crimes. 
Sec. 280004. Authorization of probation for petty offenses in certain cases. 
Sec. 280005. Full-time vice chairs of the Umted States Sentencing Commission. 
Sec. 280006. Cocaine penalty study. 
TITLE XXIX—COMPUTER CRIME 
Sec. 290001. Computer Abuse Amendments Act of 1994. 
TITLE XXX—PROTECTION OF PRIVACY OF INFORMATION IN STATE MOTOR 
VEHICLE RECORDS 
Sec. 300001. Short title. 
Sec. 300002. Prohibition on release and use of certain personal information from 
State motor vehicle records. 
Sec. 300003. Effective date. 
TITLE XXXI—VIOLENT CRIME REDUCTION TRUST FUND 
Sec. 310001. Creation of Violent Crime Reduction Trust Fund. 
Sec. 310002. Conforming reduction in discretionary spending limits. 
Sec. 310003. Extension of authorizations of appropriations ror fiscal years for which 
the full amount authorized is not appropriated. 
Sec. 310004. Flexibility in making of appropriations. 
TITLE XXXII—MISCELLANEOUS 
Subtitle A—Increases in Penalties 
Sec. 320101. Increased penalties for assault. 
Sec. 320102. Increased penalties for manslaughter. 
Sec. 320103. Increased penalties for civil rights violations. 
Sec. 320104. Penalties for trafficking in counterfeit goods and services. 
Sec. 320105. Increased penalty for conspiracy to commit murder for hire. 
Sec. 320106. Increased penalties for arson. 
Sec. 320107. Increased penalties for drug traSicking near public housing. 
Sec. 320108. Task force and criminal penalties relating to the introduction of 
nonindigenous species. 
Sec. 320109. Military medals and decorations. 
Subtitle B—Extension of Protection of Civil Rights Statutes 
Sec. 320201. Extension of protection of civil rights statutes. 
Subtitle C—^Audit and Report 
Sec. 320301. Audit requirement for State and local law enforcement agencies re-
ceiving Federal asset forfeiture funds. 
Sec. 320302. Report to Congress on administrative and contracting expenses. 
Subtitle D—Coordination 
Sec. 320401. Coordination of substance abuse treatment and prevention programs. 
Subtitle E—Gambling 
Sec. 320501. Clarifying amendment regarding scope of prohibition against gam-
bling on ships in international waters. 
Subtitle F—White Collar Crime Amendments 
Sec. 320601. Receiving the proceeds of extortion or kidnapping. 
108 STAT. 1806 
PUBLIC LAW 103-322—SEPT. 13, 1994 
Sec. 320602. Receiving the proceeds of a postal robbery. 
Sec. 320603. Crimes by or affecting persons engaged in the business of insurance 
whose activities affect interstate commerce. 
Sec. 320604. Miscellaneous amendments to title 18, United States Code. 
Sec. 320605. Federal Deposit Insurance Act amendment. 
Sec. 320606. Federal Credit Union Act amendments. 
Sec. 320607. Addition of predicate offenses to financial institutions rewards statute. 
Sec. 320608. Definition of "savings and loan association" for piirposes of the offense 
of bank robbery and related offenses. 
Sec. 320609. Definition of 1-year period for purposes of the offense of obstruction 
of a Federal audit. 
Subtitle G—Safer Streets and Neighborhoods 
Sec. 320701. Short title. 
Sec. 320702. Limitation on grant distribution. 
Subtitle H—Recreational Hunting Safety 
Sec. 320801. Short title. 
Sec. 320802. Obstruction of a lawfiil hunt. 
Sec. 320803. Civil penalties. 
Sec. 320804. Other relief 
Sec. 320805. Relationship to State and local law and civil actions. 
Sec. 320806. Regulations. 
Sec. 320807. Rule of construction. 
Sec. 320808. Definitions. 
Subtitle I—Other Provisions 
Sec. 320901. Wiretaps. 
Sec. 320902. Theft of major artwork. 
Sec. 320903. Addition of attempted robbery, kidnapping, smuggling, and property 
damage offenses to eliminate inconsistencies and gaps in coverage. 
Sec. 320904. Gun-free school zones. 
Sec. 320905. Interstate wagering. 
Sec. 320906. Sense of Congress with respect to violence against truckers. 
Sec. 320907. Sense of the Senate regarding a study on out-of-wedlock births. 
Sec. 320908. Sense of the Senate regarding the role of the United Nations in inter-
national organized cnme control. 
Sec. 320909. Optional venue for espionage and related offenses. 
Sec. 320910. Undercover operations. 
Sec. 320911. Misuse of initials "DEA". 
Sec. 320912. Definition of livestock. 
Sec. 320913. Asset forfeiture. 
Sec. 320914. Clarification of definition of a "court of the United States" to include 
the district coiirts for Guam, the Northern Mariana Islands, and the 
Virgin Islands. 
Sec. 320915. Law enforcement personnel. 
Sec. 320916. Authority to investigate violent crimes against travelers. 
Sec. 320917. Extension of statute of limitations for arson. 
Sec. 320918. Sense of Congress concerning child custody and visitation rights. 
Sec. 320919. Edwtird Byrne Memorial Formula Grant Program. 
Sec. 320920. Sense of tne Senate regarding Law Day, U.S.A. 
Sec. 320921. First time domestic violence offender rehabiUtation program. 
Sec. 320922. Display of flags at halfstaff 
Sec. 320923. Financial institution firaud. 
Sec. 320924. Definition ofparent for the purposes of the offense of kidnapping. 
Sec. 320926. Hate Crime Statistics Act. 
Sec. 320927. Exemption fix)m Brady background check requirement of return of 
handgun to owner. 
Sec. 320928. Amendment of the National Child Protection Act of 1993. 
Sec. 320929. Tennessee VaUey Authority law enforcement personnel. 
Sec. 320932. Assistant United States attorney residency. 
Sec. 320933. Labels on products. 
Sec. 320934. Non-dischargeability of payment of restitution order. 
Sec. 320935. Admissability of evidence of similar crimes in sex offense cases. 
TITLE XXXIII—TECHNICAL CORRECTIONS 
Sec. 330001. Amendments relating to Federal financial assistance for law enforce-
ment. 
Sec. 330002. General titie 18 corrections. 
Sec. 330003. Corrections of erroneous cross references and misdesignations. 
Sec. 330004. Repeal of obsolete provisions in titie 18. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1807 
Sec. 330005. Correction of drafting error in the Foreign Corrupt Practices Act. 
Sec. 330006. Elimination of redundant penalty provision in 18 U.S.C. 1116. 
Sec. 330007. Elimination of redundant penalty. 
Sec. 330008. Corrections of misspellings and grammatical errors. 
Sec. 330009. Other technical amendments. 
Sec. 330010. Correction of errors found during codification. 
Sec. 330011. Problems related to execution of prior amendments. 
Sec. 330012. Amendment to section 1956 of title 18 to eliminate duplicate predicate 
crimes. 
Sec. 330013. Amendments to part V of title 18. 
Sec. 330014. Update of cross reference. 
Sec. 330015. Correction of error in amendatory language. 
Sec. 330016. Correction of misleading and outmoded fine amounts in offenses under 
title 18. 
Sec. 330017. Technical corrections to title 31 crimes. 
Sec. 330018. Repeal of superfluous statute of limitation and transfer of child abuse 
statute of umitation. 
Sec. 330019. Technical errors in section 1956. 
Sec. 330020. Technical error. 
Sec. 330021. Conforming spelling of variants of "kidnap". 
Sec. 330022. Margin error. 
Sec. 330023. Technical corrections relating to section 248 of title 18, United States 
Code. 
Sec. 330024. Technical amendments necessitated by the enactment of the Domestic 
Chemical Diversion Control Act of 1993. 
Sec. 330025. Victims of Crime Act. 
TITLE I—PUBLIC SAFETY AND 
POLICING 
SEC. 10001. SHORT TITLE. 
This title may be cited as the "Public Safety Partnership and 
Community Policing Act of 1994". 
SEC. 10002. PURPOSES. 
The purposes of this title are to— 
(1) substantially increase the number of law enforcement 
officers interacting directly with members of the community 
("cops on the beat"); 
(2) provide additional and more effective training to law 
enforcement officers to enhance their problem solving, service, 
and other skills needed in interacting with members of the 
community; 
(3) encourage the development and implementation of 
innovative programs to permit members of the community to 
assist State, Indian tribal government, and local law enforce-
ment agencies in the prevention of crime in the community; 
and 
(4) encourage the development of new technologies to assist 
State, Indian tribal government, and local law enforcement 
agencies in reorienting the emphasis of their activities from 
reacting to crime to preventing crime, 
by establishing a program of grants and assistance in furtherance 
of these objectives, including the authorization for a period of 6 
years of grants for the hiring and rehiring of additional career 
law enforcement officers. 
SEC. 10003. COMMUNITY POUCING; "COPS ON THE BEAT". 
(a) IN GENERAL.—Title I of the Onmibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended— 
(l)by redesignating part Q as part R; 
-
Public Siafety 
Partnership and 
Community 
Policing Act of 
1994. 
42 u s e 3711 
note. 
42 u s e 3796dd 
note. 
108 STAT. 1808 
PUBLIC LAW 103-322—SEPT. 13, 1994 
42 use 3797. 
(2) by redesignating section 1701 as section 1801; and 
(3) by inserting after part P the following new part: 
"PART Q—PUBLIC SAFETY AND COMMUNITY 
POLICING; *COPS ON THE BEAT* 
42 use 3796dd. 
"SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY 
POUCING GRANTS. 
"(a) GRANT AUTHORIZATION.—The Attorney General may make 
grants to States, units of local government, Indian tribal govern-
ments, other public and private entities, and multi-jurisdictional 
or regional consortia thereof to increase police presence, to expand 
and improve cooperative efforts between law enforcement agencies 
and members of the community to address crime and disorder 
problems, and otherwise to enhance public safety. 
"(b) 
REHIRING, HIRING, AND INITIAL REDEPLOYMENT GRANT 
PROJECTS.— 
"(1) IN GENERAL.—Grants made under subsection (a) may 
be used for programs, projects, and other activities to— 
"(A) rehire law enforcement officers who have been 
laid off as a result of State and local budget reductions 
for deployment in community-oriented policing; 
"(B) hire and train new, additional career law enforce-
ment officers for deployment in community-oriented polic-
, 
ing across the Nation; and 
"(C) procure equipment, technology, or support sys-
tems, or pay overtime, if the applicant for such a grant 
demonstrates to the satisfaction of the Attorney (General 
that expenditures for such purposes would result in an 
increase in the number of officers deployed in community-
oriented policing equal to or greater than the increase 
in the number of onicers that would result from a grant 
for a like amount for the purposes specified in subpara-
graph (A) or (B). 
"(2) GRANTS FOR EQUIPMENT, TECHNOLOGY, AND SUPPORT 
SYSTEMS.—Grants pursuant to paragraph (1)(C)--
"(A) may not exceed— 
"(i) 20 percent of the funds available for grants 
pursuant to this subsection in fiscal year 1995; 
"(ii) 20 percent of the funds available for grants 
pursuant to this subsection in fiscal year 1996; or 
"(iii) 10 percent of the funds available for grants 
pursuant to this subsection in fiscal years 1997, 1998, 
1999, and 2000; and 
"(B) may not be awarded in fiscal years 1998, 1999, 
or 2000 unless the Attorney General has certified that 
grants awarded in fiscal years 1995, 1996, and 1997 pursu-
ant to subparagraph (1)(C) have resulted in an increase 
in the number of officers deployed in community-oriented 
policing equal to or greater than the increase in the number 
of officers that have resulted from the grants in like 
amounts awarded in fiscal years 1995, 1996, and 1997 
pursuant to paragraph (1) (A) and (B). 
"(c) TROOPS-TO-COPS PROGRAMS.— 
"(1) IN GENERAL.—Grants made under subsection (a) may 
be used to hire former members of the Armed Forces to serve 
as career law enforcement officers for deployment in commu-
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1809 
nity-oriented policing, particularly in communities that are 
adversely affected by a recent military base closing. 
"(2) DEFINITION.—In this subsection, 'former member of 
the Armed Forces' means a member of the Armed Forces of 
the United States who is involuntarily separated from the 
Armed Forces within the meaning of section 1141 of title 10, 
United States Code. 
"(d) ADDITIONAL GRANT PROJECTS.—Grants made under sub-
section (a) may include programs, projects, and other activities 
to— 
"(1) increase the number of law enforcement 
officers 
involved in activities that are focused on interaction with mem-
bers of the community on proactive crime control and preven-
tion by redeploying officers to such activities; 
"(2) provide specialized training to law enforcement officers 
to enhance their conflict resolution, mediation, problem solving, 
service, and other skills needed to work in partnership with 
members of the community; 
"(3) increase police participation in multidisciplinary early 
intervention teams; 
"(4) develop new technologies to assist State and local 
law enforcement agencies in reorienting the emphasis of their 
activities from reacting to crime to preventing crime; 
"(5) develop and implement innovative programs to permit 
members of the community to assist State and local law enfofce-
ment agencies in the prevention of crime in the community, 
such as a citizens' police academy, including programs designed 
to increase the level of access to the criminal justice system 
enjoyed by victims, witnesses, and ordinary citizens by 
establishing decentralized satellite offices (including video 
facilities) of principal criminal courts buildings; 
"(6) establish innovative programs to reduce, and keep 
to a minimum, the amount of time that law enforcement officers 
must be away from the community while awaiting court appear-
ances; 
"(7) establish and implement innovative programs to 
increase and enhance proactive crime control and prevention 
programs involving law enforcement officers and young persons 
in the community; 
"(8) develop and establish new administrative and manage-
rial systems to facilitate the adoption of community-oriented 
policing as an organization-wide plulosophy; 
"(9) establish, implement, and coordinate crime prevention 
£ind control programs (involving law enforcement officers work-
ing with community members) with other Federal programs 
that serve the community and community members to better 
address the comprehensive needs of the community and its 
members; and 
"(10) support the purchase by a law enforcement agency 
of no more than 1 service weapon per officer, upon hiring 
for deplo3rment in community-oriented policing or, if necessary, 
upon existing officers' initial redeployment to community-ori-
ented policing. 
"(e) PREFERENTIAL CONSIDERATION OF APPLICATIONS FOR CER-
TAIN GRANTS.—In awarding grants under this part, the Attorney 
General may give preferential consideration, where feasible, to 
applications for hiring and rehiring additional career law enforce-
108 STAT. 1810 
PUBLIC LAW 103-322—SEPT. 13, 1994 
ment officers that involve a non-Federal contribution exceeding 
the 25 percent minimum under subsection (i). 
"(f) TECHNICAL ASSISTANCE.— 
"(1) IN GENERAL.—The Attorney General may provide tech-
nical assistance to States, units of local government, Indian 
tribal governments, and to other public and private entities, 
in furtherance of the purposes of the Public Safety Partnership 
and Community Policing Act of 1994. 
"(2) MODEL.—^The technical 
ssistance provided by the 
Attorney General may include the development of a flexible 
model that will define for State and local governments, and 
other public and private entities, definitions and strategies 
associated with community or problem-oriented policing and 
methodologies for its implementation. 
"(3) TRAINING CENTERS AND FACiLiTiES.^The technical 
assistance provided by the Attorney General may include the 
establishment and operation of training centers or facilities, 
either directly or by contracting or cooperative arrangements. 
The functions of the centers or facilities established under 
this paragraph may include instruction and seminars for police 
executives, managers, trainers, supervisors, and such others 
as the Attorney Greneral considers to be appropriate concerning 
community or problem-oriented policing and improvements in 
police-community interaction and cooperation that further the 
purposes of the Public Safety Partnership and Community 
Policing Act of 1994. 
"(g) UTILIZATION OF COMPONENTS.—The Attorney General may 
utilize any component or components of the Department of Justice 
in carrying out this part. 
"(h) MINIMUM AMOUNT.—Unless all applications submitted by 
any State and grantee within the State pursuant to subsection 
(a) have been funded, each qualifying State, together with grantees 
within the State, shedl receive in each fiscal year pursuant to 
subsection (a) not less than 0.5 percent of the total amount appro-
priated in the fiscal year for grants pursuant to that subsection. 
In this subsection, 'qualifying State' means any State which has 
submitted an application for a grant, or in which an eligible entity 
has submitted an application for a grant, which meets the require-
ments prescribed by the Attorney General and the conditions set 
out in this part. 
"(i) MATCHING FUNDS.—^The portion of the costs of a program, 
project, or activity provided by a grant under subsection (a) may 
not exceed 75 percent, unless the Attorney General waives, wholly 
or in part, the requirement under this subsection of a non-Federal 
contribution to the costs of a program, project, or activity. In relation 
to a grant for a period exceeding 1 year for hiring or rehiring 
career law enforcement officers, the Federal share shall decrease 
from year to year for up to 5 years, looking toward the continuation 
of the increased hiring level using State or locsd sources of funding 
following the conclusion of Federal support, as provided in an 
approved plan pursuant to section 1702(c)(8). 
"(j) ALLOCATION OF FUNDS.—The funds available under this 
part shall be allocated as provided in section 1001(a)(ll)(B). 
"(k) TERMINATION OF GRANTS FOR HIRING OFFICERS.—^The 
authority under subsection (a) of this section to make grants for 
the hiring and rehiring of additional career law enforcement officers 
shall lapse at the conclusion of 6 years from the date of enactment 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1811 
of this part. Prior to the expiration of this grant authority, the Repoirts. 
Attorney (leneral shall submit a report to Congress concerning 
the experience with and effects of such grants. The report may 
include any recommendations the Attorney Greneral may have for 
amendments to this part and related provisions of law in light 
of the termination of the authority to make grants for the hiring 
and rehiring of additional career law enforcement officers. 
•^EC. 1702. APPUCATIONS. 
"(a) IN GENERAL.—^No grant may be made under this part 
42 use 
3796dld-l. 
unless an application has been submitted to, and approved by, 
the Attorney General. 
"(b) APPLICATION.—^An application for a grant under this part 
shall be submitted in such mrm, and contain such information, 
as the Attorney Greneral may prescribe by regulation or guidelines. 
"(c) CONTENTS.—^In accordance with the regulations or guide-
lines established by the Attorney Greneral, each application for 
a grant under this part shall— 
"(1) include a long-term strategy and detailed implementa-
tion plan that reflects consultation with community groups 
and appropriate private and public agencies and reflects consid-
eration of the statewide strategy under section 503(a)(1); 
"(2) demonstrate a specific public safety need; 
"(3) explain the applicants inability to address the need 
without Federal assistance; 
"(4) identify related governmental and community initia-
tives which complement or will be coordinated with the pro-
posal; 
"(5) certify that there has been appropriate coordination 
with all affected agencies; 
"(6) outline the initial and ongoing level of community 
support for implementing the proposal including financial and 
in-land contributions or other tangible commitments; 
"(7) specify plans for obtaining necessary support and 
continuing the proposed program, project, or activity following 
the conclusion of Federal support; 
"(8) if the application is for a grant for hiring or rehiring 
additional career law enforcement officers, specify plans for 
the assumption by the applicant of a progressively larger share 
of the cost in the course of time, looking toward the continuation 
of the increased hiring level using State or local sources of 
funding following the conclusion of Federal support; 
"(9) assess the impact, if any, of the increase in police 
resources on other components of the criminal justice system; 
"(10) explain how the grant will be utilized to reorient 
the affected law enforcement agenc^s mission toward commu-
nity-oriented policing or enhance its involvement in or commit-
ment to community-oriented policing; and 
"(11) provide assurances that the applicant will, to the Minorities. 
extent practicable, seek, recruit, and hire members of racial 
and ethnic minority groups and women in order to increase 
their ranks within the sworn positions in the law enforcement 
agency. 
"(d) SPECIAL PROVISIONS.— 
"(1) 
SMALL JURISDICTIONS.—Notwithstanding any 
other 
provision of this part, in relation to applications under this 
part of units of local government or law enforcement agencies 
108 STAT. 1812 
PUBLIC LAW 103-322—SEPT. 13, 1994 
42 use 
3796dd-2. 
42 use 
3796dd-3. 
having jurisdiction over areas with populations of less than 
50,000, the Attorney General may waive 1 or more of the 
requirements of subsection (c) and may otherwise make special 
provisions to facilitate the expedited submission, processing, 
and approval of such applications. 
"(2) SMALL GRANT AMOUNT.—^Notwithstanding any other 
provision of this part, in relation to applications under section 
1701(d) for grants of less than $1,000,000, the Attorney General 
may waive 1 or more of the requirements of subsection (c) 
and may otherwise make special provisions to facilitate the 
expedited submission, processing, and approval of such applica-
tions. 
''SEC. 1703. RENEWAL OF GRANTS. 
"(a) IN GENERAL.—^Except for grants made for hiring or rehiring 
additional career law enforcement officers, a grant under this part 
may be renewed for up to 2 additional years after the first fiscal 
year during which a recipient receives its initial grant, if the Attor-
ney General determines that the funds made available to the recipi-
ent were used in a manner required under an approved application 
and if the recipient can demonstrate significant progress in achiev-
ing the objectives of the initial application. 
"(b) GRANTS FOR HIRING.—Grants made for hiring or rehiring 
additional career law enforcement officers may be renewed for up 
to 5 years, subject to the requirements of subsection (a), but notwith-
standing the limitation in that subsection concerning the number 
of years for which grants may be renewed. 
"(c) MULTIYEAR GRANTS.—^A grant for a period exceeding 1 
year may be renewed as provided in this section, except that the 
total duration of such a grant including any renewals may not 
exceed 3 years, or 5 years if it is a grant made for hiring or 
rehiring additional career law enforcement officers. 
"SEC. 1704. LIMITATION ON USE OF FUNDS. 
"(a) NONSUPPLANTING REQUIREMENT.—Funds made available 
under this part to States or units of local government shall not 
be used to supplant State or local funds, or, in the case of Indian 
tribal governments, funds supplied by the Bureau of Indian Affairs, 
but shall be used to increase the amount of funds that would, 
in the absence of Federal funds received under this part, be made 
available from State or local sources, or in the case of Indian 
tribal governments, from funds supplied by the Bureau of Indian 
Affairs. 
"(b) NON-FEDERAL COSTS.— 
"(1) IN GENERAL.—States and units of local government 
may use assets received through the Assets Forfeiture equitable 
sharing program to provide the non-Federal share of the cost 
of programs, projects, and activities funded under this part. 
"(2) INDIAN TRIBAL GOVERNMENTS.—Funds appropriated by 
the Congress for the activities of any agen^ of an Indian 
tribal government or the Bureau of Indian Affairs performing 
law enforcement functions on any Indian lands may be used 
to provide the non-Federal share of the cost of programs or 
projects funded under this part. 
(c) HIRING COSTS.—^Funding provided under this part for hiring 
or rehiring a career law enforcement officer may not exceed $75,000, 
unless the Attorney General grants a waiver from this limitation. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1813 
"SEC. 1705. PERFORMANCE EVALUATION. 
"(a) MONITORING COMPONENTS.—^Each program, project, or 
activity funded under this part shall contain a monitoring compo-
nent, developed pursuant to guidelines established by the Attorney 
General. The monitoring required by this subsection shall include 
systematic identification and collection of data about activities, 
accomplishments, and programs throughout the life of the program, 
project, or activity and presentation of such data in a usable form. 
"(b) EVALUATION COMPONENTS.—Selected grant recipients shall 
be evaluated on the local level or as part of a national evaluation, 
pursuant to guidelines established by the Attorney General. Such 
eveduations may include assessments of individual 
program 
implementations. In selected jurisdictions that are able to support 
outcome evaluations, the effectiveness of funded programs, projects, 
and activities may be required. Outcome measures may include 
crime and victimization indicators, quality of life measures, commu-
nity perceptions, and police perceptions of their own work. 
"(c) PERIODIC REVIEW AND REPORTS.—^The Attorney General 
may require a grant recipient to submit to the Attorney General 
the results of the monitoring and evaluations required under sub-
sections (a) and (b) and such other data and information as the 
Attorney General deems reasonably necessary. 
"SEC. 1706. REVOCATION OR SUSPENSION OF FUNDING. 
"If the Attorney Greneral determines, as a result of the reviews 
required by section 1705, or otherwise, that a grant recipient under 
this part is not in substantial compliance with the terms and 
requirements of an approved grant application submitted under 
section 1702, the Attorney General may revoke or suspend funding 
of that gTEint, in whole or in part. 
"SEC. 1707. ACCESS TO DOCUMENTS. 
"(a) BY THE ATTORNEY GENERAL.—The Attorney General shall 
have access for the purpose of audit and examination to any perti-
nent books, documents, papers, or records of a grant recipient 
under this part and to the pertinent books, documents, papers, 
or records of State and local governments, persons, businesses, 
and other entities that are involved in programs, projects, or activi-
ties for which assistance is provided under this part. 
"(b) BY THE COMPTROLLER GENERAL.—Subsection (a) shah 
apply with respect to audits and examinations conducted by the 
Comptroller General of the United States or by an authorized 
representative of the Comptroller General. 
"SEC. 
1
7
0
8
. 
GENERAL 
REGULATORY 
AUTHORITY. 
'The Attorney Greneral may promulgate regulations and guide-
lines to carry out this part. 
"SEC. 1709. DEFINITIONS. 
"In this part— 
"'career law enforcement officer' means a person hired 
on a permanent basis who is authorized by law or by a State 
or local public agency to engage in or supervise the prevention, 
detection, or investigation of violations of criminal laws. 
"'citizens' police academy* means a program by local law 
enforcement agencies or private nonprofit organizations in 
which citizens, especially those who participate in neighborhood 
watch programs, are trained in ways of facilitating communica-
42 use 
3796dd-4. 
42 use 
3796dd-5. 
42 use 
3796dd-6. 
42 use 
3796dd-7. 
42 use 
3796dd-8. 
108 STAT. 1814 
PUBLIC LAW 103-322—SEPT. 13, 1994 
tion between the community and local law enforcement in the 
prevention of crime. 
" 'Indian tribe' means a tribe, band, pueblo, nation, or other 
organized group or community of Indians, including an Alaska 
Native village (as defined in or established under the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that 
is recognized as eligible for the special programs and services 
provided by the United States to Indians because of their 
status as Indians.". 
(b) TECHNICAL AMENDMENT.—The table of contents of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3711, et seq.) is amended by striking the item relating 
to part Q and inserting the following: 
"PART Q—PUBLIC SAFETY AND COMMUNITY POLICING; 'COPS ON THE BEAT" 
"Sec. 1701. Authority to make public safety and community policing grants. 
"Sec. 1702. Applications. 
"Sec. 1703. Renewal of grants. 
"Sec. 1704. Limitation on use of funds. 
"Sec. 1705. Performance evaluation. 
"Sec. 1706. Revocation or suspension of funding. 
"Sec. 1707. Access to documents. 
"Sec. 1708. General regulatory authority. 
"Sec. 1709. Definitions. 
"PART R—TRANSITION; EFFECTIVE DATE; REPEALER 
"Sec. 1801. Continuation of rules, authorities, and proceedings.". 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3793) is amended— 
(1) in paragraph (3) by striking "and O" and inserting 
"O, P, and Q"; and 
(2) by adding at the end the following new paragraph: 
"(11)(A) There are authorized to be appropriated to carry out 
part Q, to remain available until expended— 
"(i) $1,332,000,000 for fiscal year 1995; 
"(ii) $1,850,000,000 for fiscal year 1996; 
"(iii) $1,950,000,000 for fiscal year 1997; 
"(iv) $1,700,000,000 for fiscal year 1998; 
"(v) $1,700,000,000 for fiscal year 1999; and 
"(vi) $268,000,000 for fiscal year 2000. 
"(B) Of funds available under part Q in any fiscal year, up 
to 3 percent may be used for technical assistance under section 
1701(f) or for evaluations or studies carried out or commissioned 
by the Attorney General in furtherance of the purposes of part 
Q. Of the remaining funds, 50 percent shall be allocated for grants 
pursuant to applications submitted by units of local government 
or law enforcement agencies having jurisdiction over areas with 
populations exceeding 150,000 or by public and private entities 
that serve areas with populations exceeding 150,000, and 50 percent 
shall be allocated for grants pursuant to applications submitted 
by units of local government or law enforcement agencies having 
jurisdiction over areas with populations 150,000 or less or by public 
and private entities that serve areas with populations 150,000 
or less. Of the funds available in relation to grants under part 
Q, at least 85 percent shall be applied to grants for the purposes 
specified in section 1701(b), and no more than 15 percent may 
be applied to other grants in furtherance of the purposes of part 
^ 
Q. In view of the extraordinary need for law enforcement assistance 
in Indian country, an appropriate amount of funds available under 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1815 
part Q shall be made available for grants to Indian tribal govern-
ments or tribal law enforcement agencies.". 
TITLE II—PRISONS 
Subtitle A—^Violent Offender Incarceration 
and Truth in Sentencing Incentive Grants 
SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES. 
42 USC 13701. 
(a) GRANT AUTHORIZATION.—^The Attorney General may make 
grants to individual States and to States organized as multi-State 
compacts to construct, develop, expand, modify, operate, or improve 
correctional facilities, including boot camp facilities and other alter-
native correctional facilities that can free conventioned prison space 
for the confinement of violent offenders, to ensure that prison 
cell space is available for the confinement of violent offenders and 
to implement truth in sentencing laws for sentencing violent 
offenders. 
(b) ELIGIBILITY.—^To be eligible to receive a grant under this 
subtitle, a State or States organized as multi-State compacts shall 
submit an application to the Attorney General which includes— 
(1) assurances that the State or States have implemented, 
or will implement, correctional policies and programs, including 
truth in sentencing laws that ensure that violent offenders 
serve a substantial portion of the sentences imposed, that are 
designed to provide sufficiently severe punishment for violent 
offenders, including violent juvenile offenders, and that the 
prison time served is appropriately related to the determination 
that the inmate is a violent offender and for a period of time 
deemed necessary to protect the public; 
(2) assurances that the State or States have implemented 
policies that provide for the recognition of the rights and needs 
of crime victims; 
(3) assurances that funds received under this section will 
be used to construct, develop, expand, modify, operate, or 
improve correctional facilities to ensure that prison cell space 
is available for the confinement of violent offenders; 
(4) assurances that the State or States have a comprehen-
sive correctional pl£m which represents an integrated approach 
to the management and operation of correctional facilities and 
programs and which includes diversion programs, particularly 
drug diversion programs, community corrections programs, a 
prisoner screening and security classification system, appro-
priate professional training for corrections officers in dealing 
with violent offenders, prisoner rehabilitation and treatment 
programs, prisoner work activities (including, to the extent 
practicable, activities relating to the development, expansion, 
modification, or improvement of correctional facilities) and job 
skills programs, educational programs, a pre-release prisoner 
assessment to provide risk reduction management, post-release 
assistance, and an assessment of recidivism rates; 
(5) assurances that the State or States have involved coun-
ties and other units of local government, when appropriate, 
in the construction, development, expansion, modification, oper-
ation or improvement of correctional facilities designed to 
108 STAT. 1816 
PUBLIC LAW 103-322—SEPT. 13, 1994 
ensure the incarceration of violent offenders, and that the State 
or States will share funds received under this section with 
counties and other units of local government, taking into 
account the burden placed on these units of government when 
they are required to confine sentenced prisoners because of 
overcrowding in State prison facilities; 
(6) assurances that funds received under this section will 
be used to supplement, not supplant, other Federal, State, 
and local funds; 
(7) assurances that the State or States have implemented, 
or will implement within 18 months after the date of the 
enactment of this Act, policies to determine the veteran status 
of inmates and to ensure that incarcerated veterans receive 
the veterans benefits to which they are entitled; 
(8) if applicable, documentation of the multi-State compact 
agreement that specifies the construction, development, expan-
sion, modification, operation, or improvement of correctional 
facilities; and 
(9) if applicable, a description of the eligibility criteria 
for prisoner participation in any boot camp that is to be funded. 
(c) CONSIDERATION.—^The Attorney General, in making such 
grants, shall give consideration to the special burden placed on 
States which incarcerate a substantial number of inmates who 
are in the United States illegally. 
42 use 13702. 
SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS. 
(a) TRUTH IN SENTENCING GRANT PROGRAM.—Fifty percent of 
the total amount of funds appropriated to carry out this subtitle 
for each of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 
shall be made available for Truth in Sentencing Incentive Grants. 
To be eligible to receive such a grant, a State must meet the 
requirements of section 20101(b) and shall demonstrate that the 
S t a t e -
CD has in effect laws which require that persons convicted 
of violent crimes serve not less than 85 percent of the sentence 
imposed; or 
(2) since 1993— 
(A) has increased the percentage of convicted violent 
offenders sentenced to prison; 
(B) has increased the average prison time which will 
be served in prison by convicted violent offenders sentenced 
to prison; 
(C) has increased the percentage of sentence which 
will be served in prison by violent offenders sentenced 
to prison; and 
(D) has in effect at the time of application laws requir-
ing that a person who is convicted of a violent crime shall 
serve not less than 85 percent of the sentence imposed 
if— 
(i) the person has been convicted on 1 or more 
prior occasions in a court of the United States or of 
a State of a violent crime or a serious drug offense; 
and 
(ii) each violent crime or serious drug offense was 
committed after the defendant's conviction of the 
preceding violent crime or serious drug offense. 
(b) ALLOCATION OF TRUTH IN SENTENCING INCENTIVE FUNDS.— 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1817 
(1) FORMULA ALLOCATION.—^The amount available to carry 
out this section for any fiscal year under subsection (a) shall 
be allocated to each eligible State in the ratio that the number 
of part 1 violent crimes reported by such State to the Federal 
Bureau of Investigation for 1993 bears to the number of part 
1 violent crimes reported by all States to the Federal Bureau 
of Investigation for 1993. 
(2) TRANSFER OF UNUSED FUNDS.—On September 30 of 
each of fiscal years 1996, 1998, 1999, and 2000, the Attorney 
Greneral shsill transfer to the funds to be allocated under section 
20103(b)(1) any funds made available to carry out this section 
that are not allocated to an eligible State under paragraph 
(1). 
SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS. 
42 USC 13703. 
(a) VIOLENT OFFENDER INCARCERATION GRANT PROGRAM.—^Fifty 
percent of the total amount of funds appropriated to carry out 
this subtitle for each of fiscal years 1995, 1996, 1997, 1998, 1999, 
and 2000 shall be made available for Violent Offender Incarceration 
Grants. To be eligible to receive such a grant, a State or States 
must meet the requirements of section 20101(b). 
(b) 
ALLOCATION 
OF VIOLENT 
OFFENDER 
INCARCERATION 
FUNDS.— 
(1) FORMULA ALLOCATION.—^Eighty-five percent of the sum 
of the amount available for Violent Offender Incarceration 
Grants for any fiscal year under subsection (a) and any amount 
transferred under section 20102(b)(2) for that fiscal year shall 
be allocated as follows: 
(A) 0.25 percent shall be allocated to each eligible 
State except that the United States Virgin Islands, Amer-
ican Samoa, Guam and the Northern Mariana Islands each 
shall be allocated 0.05 percent. 
(B) The amount remaining after application of subpara-
graph (A) shall be allocated to each eligible State in the 
ratio that the number of part 1 violent crimes reported 
by such State to the Federal Bureau of Investigation for 
1993 bears to the number of part 1 violent crimes reported 
by all States to the Federal Bureau of Investigation for 
1993. 
(2) DISCRETIONARY ALLOCATION.—Fifteen percent of the 
sum of the amount available for Violent Offender Incarceration 
Grants for any fiscal year under subsection (a) and any amount 
transferred under section 20103(b)(3) for that fiscal year shall 
be allocated at the discretion of the Attorney General to States 
that have demonstrated the greatest need for such grants and 
the ability to best utilize the funds to meet the objectives 
of the grant program and ensure that prison cell space is 
available for the confinement of violent offenders. 
(3) TRANSFER OF UNUSED FORMULA FUNDS.—On September 
30 of each of fiscal years 1996, 1997, 1998, 1999, and 2000, 
the Attorney Greneral shall transfer to the discretionary pro-
gram under paragraph (2) any funds made available for alloca-
tion under paragraph (1) that are not allocated to an eligible 
State under paragraph (1). 
79-:94 O—95—3 : QL 3 Part 3 
108 STAT. 1818 
PUBLIC LAW 103-322—SEPT. 13, 1994 
42 u s e 13704. 
SEC. 20104. MATCHING REQUIREMENT. 
The Federal share of a grant received under this subtitle may 
not exceed 75 percent of the costs of a proposal described in an 
application approved under this subtitle. 
42 use 13705. 
SEC. 20105. RULES AND REGULATIONS. 
(a) The Attorney (Jeneral shall issue rules £ind regulations 
regarding the uses of grant funds received under this subtitle 
not later than 90 days after the date of enactment of this Act. 
(b) If data regarding part 1 violent crimes in any State for 
1993 is unavailable or substantially inaccurate, the Attorney Gen-
eral shall utilize the best available comparable data regarding 
the number of violent crimes for 1993 for that State for the purposes 
of allocation of any funds under this subtitle. 
42 u s e 13706. 
SEC. 20106. TECHNICAL ASSISTANCE AND TRAINING. 
The Attorney General may request that the Director of the 
Nationsd Institute of Corrections and the Director of the Federgd 
Bureau of Prisons provide technical assistance and training to 
a State or States that receive a grant under this subtitle to achieve 
the purposes of this subtitle. 
42 u s e 13707. 
SEC. 20107. EVALUATION. 
The Attorney General may request the Director of the National 
Institute of Corrections to assist with an evaluation of programs 
established with funds under this subtitle. 
42 u s e 13708. 
SEC. 20108. DEFmiTIONS. 
In this subtitle— 
"boot camp" means a correctional program of not more 
than 6 months' incsirceration involving— 
(A) assignment for participation in the program, in 
conformity with State law, by prisoners other than pris-
oners who have been convicted at any time of a violent 
felony; 
(B) adherence by inmates to a highly regimented sched-
ule that involves strict discipline, physical training, and 
work; 
(C) participation by inmates in appropriate education, 
job training, and substance abuse counseling or treatment; 
and 
(D) post-incarceration aftercare services for partici-
pants that are coordinated with the program carried out 
during the period of imprisonment. 
"part 1 violent crimes means murder and non-negligent 
manslaughter, forcible rape, robbery, and aggravated assault 
as reported to the Federal Bureau of Investigation for purposes 
of the Uniform Crime Reports. 
"State" or "States" means a State, the District of Columbia, 
the Commonwealth of Puerto Rico, the United States Virgin 
Islands, American Samoa, Guam, and the Northern Mariana 
Islands. 
42 u s e 13709. 
SEC. 20109. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out this 
subtitle— 
(1) $175,000,000 for fiscal year 1995; 
(2) $750,000,000 for fiscal year 1996; 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1819 
(3) $1,000,000,000 for fiscal year 1997; 
(4) $1,900,000,000 for fiscal year 1998; 
(5) $2,000,000,000 for fiscal year 1999; and 
(6) $2,070,000,000 for fiscal year 2000. 
Subtitle B—Punishment for Young 
Offenders 
SEC. 20201. CERTAIN PUNISHMENT FOR YOUNG OFFENDERS. 
(a) IN GENERAL.—Title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended 
by section 10003(a), is amended— 
(1) by redesignating part R as part S; 
(2) by redesignating section 1801 as section 1901; and 
42 use 3797. 
(3) by inserting after part Q the following new part: 
"PART R^CERTAm PUNISHMENT FOR YOUNG 
OFFENDERS 
"SEC. 1801. GRANT AUTHORIZATION. 
42 USC 13796ee. 
"(a) IN GENERAL.—^The Attorney General may make grants 
under this part to States, for the use by States and units of 
local government, for the purpose of developing alternative methods 
of punishment for young offenders to traditional forms of incarcer-
ation and probation. 
"(b) ALTERNATIVE METHODS.—The alternative methods of 
punishment referred to in subsection (a) should ensure certain 
punishment for young offenders and promote reduced recidivism, 
crime prevention, and assistance to victims, particularly for young 
offenders who can be punished more effectively in an environment 
other than a traditional correctional facility, including— 
"(1) alternative sanctions that create accountability and 
certain punishment for young offenders; 
"(2) restitution programs for young offenders; 
"(3) innovative projects, such as projects consisting of edu-
cation and job training activities for incarcerated young offend-
ers, modeled, to the extent practicable, after activities carried 
out under part B of title IV of the Job Training Partnership 
Act (relating to Job Corps) (29 U.S.C. 1691 et seq.) and projects 
that provide family counseling; 
"(4) correctional options, such as community-based incarcer-
ation, weekend incarceration, and electronic monitoring of 
offenders; 
"(5) community service programs that provide work service 
placement for young offenders at non-profit, private organiza-
tions and community organizations; 
"(6) innovative methods that address the problems of young 
offenders convicted of serious substance abuse (including alco-
hol abuse) and gang-related offenses; and 
"(7) adequate and appropriate after care programs for 
young offenders, such as substance abuse treatment, education 
programs, vocational training, job placement counseling, family 
counseling and other support programs upon release. 
108 STAT. 1820 
PUBLIC LAW 103-322—SEPT. 13, 1994 
42 use 
3796ee-l. 
42 use 
3796ee-2. 
42 use 
3796ee-3. 
"SEC. 1802. STATE APPUCATIONS. 
"(a) IN GENERAL.— 
"(1) SUBMISSION OF APPLICATION.—TO request a grant under 
this part, the chief executive of a State shall submit an applica-
tion to the Attorney Greneral in such form and containing such 
information as the Attorney General may reasonably require. 
"(2) ASSURANCES.—^An application under paragraph (1) 
shall include assurances that Federal funds received under 
this pgirt shall be used to supplement, not supplant, non-Federal 
funds that would otherwise be available for activities funded 
under this part. 
"(b) STATE OFFICE.—^The office designated under section 507— 
"(1) shall prepare the application as required under sub-
section (a); and 
"(2) shall administer grant funds received under this part, 
including review of spending, processing, progress, financial 
reporting, technical assistsmce, grant adjustments, accounting, 
auditing, and fund disbursement. 
"SEC. 1803. REVIEW OF STATE APPUCATIONS. 
"(a) IN GENERAL.—^The Attorney Greneral shall make a grant 
under section 1801(a) to carry out the projects described in the 
application submitted by such applicant under section 1802 upon 
determining that— 
"(1) the application is consistent with the requirements 
of this part; and 
"(2) before the approval of the application, the Attorney 
General has made an affirmative finding in writing that the 
proposed project has been reviewed in accordance with this 
part. 
(b) APPROVAL.—Each application submitted under section 1802 
shall be considered approved, in whole or in part, by the Attorney 
General not later than 45 days after first received unless the 
Attorney General informs the applicant of specific reasons for dis-
approval. 
"(c) RESTRICTION.—Grant funds received under this part shall 
not be used for land acquisition or construction projects, other 
than Edtemative facilities described in section 1801(b). 
"(d) DISAPPROVAL NOTICE AND RECONSIDERATION.—^The Attor-
ney General shall not disapprove any application without first 
affording the applicant reasonable notice and an opportunity for 
reconsideration. 
"SEC. 1804. LOCAL APPUCATIONS. 
"(a) IN GENERAL.— 
"(1) SUBMISSION OF APPLICATION.—^To request funds under 
this part from a State, the chief executive of a unit of local 
government shall submit an application to the office designated 
under section 1802(b). 
"(2) APPROVAL.—^An application under paragraph (1) shall 
be considered to have been approved, in whole or in part, 
by the State not later than 45 days after such application 
is first received unless the State informs the applicant in writ-
ing of specific reasons for disapproval. 
"(3) DISAPPROVAL.—The State shall not disapprove any 
application submitted to the State without first affording the 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1821 
applicant reasonable notice and an opportunity for recon-
sideration. 
"(4) EFFECT OF APPROVAL.—If an application under sub-
section (a) is approved, the unit of local government is eligible 
to receive funds under this part. 
"(b) DISTRIBUTION TO UNITS OF LOCAL GOVERNMENT.—A State 
that receives funds under section 1801 in a fiscal year shall make 
such funds available to units of local government with an applica-
tion that has been submitted and approved by the State within 
45 days after the Attorney (Jeneral has approved the application 
submitted by the State and has made funds available to the State. 
^ 
The Attorney Greneral may waive the 45-day requirement in this 
section upon a finding that the State is unable to satisfy such 
requirement under State statutes. 
"SEC. 1805. ALLOCATION AND DISTRIBUTION OF FUNDS. 
42 USC: 
"(a) STATE DISTRIBUTION,—Of the total amount appropriated 
^ " ' 
under this part in any fiscal year— 
"(1) 0.4 percent shall be allocated to each of the participat-
ing States; and 
"(2) of the total funds remaining after the allocation under 
paragraph (1), there shall be allocated to each of the participat-
ing States an amount which bears the same ratio to the amount 
of remaining funds described in this paragraph as the number 
of young offenders of such State bears to the number of young 
offenders in all the participating States. 
"(b) LOCAL DISTRIBUTION.— 
"(1) IN GENERAL.—^A State that receives funds under this 
part in a fiscal year shall distribute to units of local government 
in such State for the purposes specified under section 1801 
that portion of such funds which bears the same ratio to the 
aggregate amount of such funds as the amount of funds 
expended by all units of local government for correctional pro-
grams in the preceding fiscal year bears to the aggregate 
amount of funds expended by the State and all units of local 
government in such State for correctioned programs in such 
preceding fiscal year. 
"(2) UNDISTRIBUTED FUNDS.—Any funds not distributed to 
units of local government under paragraph (1) shall be available 
for expenditure by such State for purposes specified under 
section 1801. 
"(3) UNUSED FUNDS.— If the Attorney General determines, 
on the basis of information available during any fiscal year, 
that a portion of the funds allocated to a State for such fiscal 
year will not be used by such State or that a State is not 
eligible to receive funds under section 1801, the Attorney Gen-
eral shall award such funds to units of local government in 
such State giving priority to the units of local government 
that the Attorney Greneral considers to have the greatest need. 
"(c) GENERAL REQUIREMENT.—Notwithstanding subsections (a) 
and (b), not less than two-thirds of funds received by a State 
under this part shall be distributed to units of locsd government 
unless the State applies for and receives a waiver from the Attorney 
General. 
"(d) FEDERAL SHARE.—The Federal share of a grant made under 
this part may not exceed 75 percent of the total costs of the 
projects described in the application submitted under section 
108 STAT. 1822 
PUBLIC LAW 103-322—SEPT. 13, 1994 
1802(a) for the fiscal year for which the projects receive assistance 
under this part. 
"(e) CONSIDERATION.—Notwithstanding subsections (a) and (b), 
in awarding grants under this part, the Attorney Greneral shall 
consider as a factor whether a State has in effect throughout such 
State a law or policy that requires that a juvenile who is in posses-
sion of a firearm or other weapon on school property or convicted 
of a crime involving the use of a firearm or weapon on school 
property— 
"(1) be suspended from school for a reasonable period of 
time; and 
"(2) lose driving license privileges for a reasonable period 
of time. 
"(f) DEFINITION.—^For purposes of this part, 'juvenile' means 
a person 18 years of age or younger. 
42 use 
"SEC. 1806. EVALUATION. 
3796ee-5. 
„, , , 
^ 
(a) IN GENERAL.— 
"(1) SUBMISSION TO THE DIRECTOR.—Each State and unit 
of local government that receives a grant under this part shall 
submit to the Attorney General an evaluation not later than 
March 1 of each year in accordance with guidelines issued 
by the Attorney General. Such evaluation shall include an 
appraisal bv representatives of the community of the programs 
funded by the grant. 
"(2) WAIVER.—^The Attorney General may waive the 
requirement specified in paragraph (1) if the Attorney General 
determines that such evaluation is not warranted in the case 
of the State or unit of local government involved. 
"(b) DISTRIBUTION.—^The Attorney General shall make available 
to the public on a timely basis evaluations received under subsection 
(a). 
"(c) ADMINISTRATIVE COSTS.—A State or unit of local govern-
ment may use not more than 5 percent of funds it receives under 
this part to develop an evaluation program under this section.". 
(b) TECHNICAL AMENDMENT.—The table of contents of title I 
of the Omnibus Crime Control £ind Safe Streets Act of 1968 (42 
U.S.C. 3711 et seq.), as amended by section 10003(a), is amended 
by striking the matter relating to part R and inserting the following: 
"PART R—CERTAIN PUNISHMENTS FOR YOUNG OFFENDERS 
"Sec. 1801. Grant authorization. 
"Sec. 1802. State applications. 
"Sec. 1803. Review of State applications. 
"Sec. 1804. Local applications. 
"Sec. 1805. Allocation and distribution of funds. 
"Sec. 1806. Evaluation. 
"PART S—TRANSITION—EFFECTIVE DATE>—REPEALER 
"Sec. 1901. Continuation of rules, authorities, and proceedings.". 
(c) DEFINITION.—Section 901(a) of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3791(a)), is amended— 
(1) by adding a semicolon at the end of paragraph (21); 
(2) by striking "and" at the end of paragraph (22); 
(3) by striking the period at the end of paragraph (23) 
and inserting a semicolon; and 
(4) by adding after paragraph (23) the following: 
"(24) the term 'young offender' means a non-violent first-
time offender or a non-violent offender with a minor criminal 
record who is 22 years of age or younger (including juveniles).". 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1823 
(d) AUTHORIZATION OF APPROPRIATIONS,—Section 1001(a) of 
title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3793), as amended by section 10003(c), is 
amended— 
(1) in paragraph (3) by striking "and Q" and inserting 
"Q, or R"; and 
(2) by adding at the end the following new paragraph: 
"(16) There are authorized to be appropriated to carry out 
projects under part R— 
"(A) $20,000,000 for fiscal year 1996; 
"(B) $25,000,000 for fiscal year 1997; 
"(C) $30,000,000 for fiscal year 1998; 
"(D) $35,000,000 for fiscal year 1999; and 
"(E) $40,000,000 for fiscal year 2000.". 
Subtitle C—^Alien Incarceration 
SEC. 20301. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS. 
(a) INCARCERATION.—Section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252) is amended by adding at the end 
the following new subsection: 
"(j) INCARCERATION,— 
"(1) If the chief executive officer of a State (or, if appro-
priate, a political subdivision of the State) exercising authority 
with respect to the incarceration of an undocumented criminal 
alien submits a written request to the Attorney General, the 
Attorney (General shall, as determined by the Attorney 
Greneral— 
"(A) enter into a contractual arrangement which pro-
vides for compensation to the State or a political subdivi-
sion of the State, as may be appropriate, with respect 
to the incarceration of the undocumented criminal alien; 
or 
"(B) take the undocumented criminal alien into the 
custody of the Federal Government and incarcerate the 
alien. 
"(2) Compensation under paragraph (1)(A) shall be the 
average cost of incarceration of a prisoner in the relevant 
i 
State as determined by the Attorney General. 
"(3) For purposes of this subsection, the term 'undocu-
mented criminal alien' means an alien who— 
"(A) has been convicted of a felony and sentenced to 
a term of imprisonment; and 
"(B)(i) entered the United States without inspection 
or at any time or place other than as designated by the 
Attorney General; 
"(ii) was the subject of exclusion or deportation proceed-
ings at the time he or she was taken into custody by 
the State or a political subdivision of the State; or 
"(iii) was admitted as a nonimmigrant and at the time 
he or she was taken into custody by the State or a political 
subdivision of the State has failed to maintain the non-
immigrant status in which the alien was admitted or to 
which it was changed under section 248, or to comply 
with the conditions of any such status. 
108 STAT. 1824 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(4)(A) In carrying out paragraph (1), the Attorney General 
shall give priority to the Federal incarceration of undocumented 
criminal aliens who have committed aggravated felonies. 
"(B) The Attorney General shall ensure that undocumented 
criminal aliens incarcerated in Federal facilities pursuant to 
this subsection are held in facilities which provide a level 
of security appropriate to the crimes for which they were 
convicted. 
"(5) There are authorized to be appropriated such sums 
as may be necessary to carry out this subsection, of which 
the following amounts may be appropriated from the Violent 
Crime Reduction Trust Fund: 
"(A) $130,000,000 for fiscal year 1995; 
"(B) $300,000,000 for fiscal year 1996; 
"(C) $330,000,000 for fiscal year 1997; 
"(D) $350,000,000 for fiscal year 1998; 
"(E) $350,000,000 for fiscal year 1999; and 
"(F) $340,000,000 for fiscal year 2000.". 
8 use 1252 note. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect October 1, 1994. 
8 use 1252 note. 
(c) TERMINATION OF LIMITATION.—^Notwithstanding section 
242(j)(5) of the Immigration and Nationality Act, as added by sub-
section (a), the requirements of section 242(j) of the Immigration 
and Nationality Act, as added by subsection (a), shall not be subject 
to the availability of appropriations on and sdler October 1, 2004. 
Subtitle D—^Miscellaneous Provisions 
SEC. 20401. PRISONER'S PLACE OF IMPRISONMENT. 
Paragraph (b) of section 3621 of title 18, United States Code, 
is amended by inserting after subsection (5) the following: "In 
designating the place of imprisonment or making transfers under 
this subsection, there shall be no favoritism given to prisoners 
of high social or economic status.". 
SEC. 20402. PRISON IMPACT ASSESSMENTS. 
(a) IN GENERAL.—Chapter 303 of title 18, United States Code, 
is amended by adding at the end the following new section: 
"§ 4047. Prison impact assessments 
"(a) Any submission of legislation by the Judicial or Executive 
branch which could increase or decrease the number of persons 
incarcerated in Federal penal institutions shall be accompanied 
by a prison impact statement (as defined in subsection (b)). 
(b) The Attorney Greneral shall, in consultation with the 
Sentencing Commission and the Administrative Office of the United 
States Courts, prepare and furnish prison impact assessments 
under subsection (c) of this section, and in response to requests 
from Congress for information relating to a pending measure or 
matter that might affect the number of defendants processed 
through the Federal criminal justice system. A prison impact assess-
ment on pending legislation must be supplied within 21 days of 
any request. A prison impact assessment shall include— 
"(1) projections of the impact on prison, probation, and 
post prison supervision populations; 
"(2) an estimate of the fiscal impact of such population 
changes on Federal expenditures, including those for construe-
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1825 
tion and operation of correctional facilities for the current fiscsd 
year and 5 succeeding fiscal years; 
"(3) an analysis of any other significant factor affecting 
the cost of the measure and its impact on the operations of 
components of the criminal justice system; and 
"(4) a statement of the methodologies and assumptions 
utilized in preparing the assessment. 
"(c) The Attorney General shall prepare and transmit to the 
Congress, by March 1 of each year, a prison impact assessment 
reflecting the cumulative effect of all relevant changes in the law 
taking effect during the preceding calendar year.". 
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter 
303 is amended by adding at the end the following new item: 
"4047. Prison impact assessments.". 
SEC. 20403. SENTENCES TO ACCOUNT FOR COSTS TO THE GOVERN-
MENT OF IMPRISONMENT, RELEASE, AND PROBATION. 
(a) IMPOSITION OF SENTENCE.—Section 3572(a) of title 18, 
United States Code, is amended— 
(1) by redesignating paragraphs (6) and (7) as paragraphs 
(7) and (8), respectively; and 
(2) by inserting £ifter paragraph (5) the following new 
paragraph: 
(6) the expected costs to the government of any imprison-
ment, supervised release, or probation component of the sen-
tence;". 
(b) DUTIES OF THE SENTENCING COMMISSION.—Section 994 of 
title 28, United States Code, is amended by adding at the end 
the following new subsection: 
"(y) The Commission, in promulgating guidelines pursuant to 
subsection (a)(1), may include, as a component of a fine, the expected 
costs to the Government of any imprisonment, supervised release, 
or probation sentence that is orderea.". 
SEC. 20404. APPUCATION TO PRISONERS TO WfflCH PRIOR LAW 
18 U
5
5
C 4042 
APPLIES. 
note. 
In the case of a prisoner convicted of an offense committed 
prior to November 1, 1987, the reference to supervised release 
in section 4042(b) of title 18, United States Code, shall be deemed 
to be a reference to probation or parole. 
SEC. 20405. CREDITING OF "GOOD TIME". 
Section 3624 of title 18, United States Code, is amended— 
(1) by striking "he" each place it appears and inserting 
"the prisoner"; 
(2) by striking "his" each place it appears and inserting 
"the prisoner's"; 
(3) in subsection (d) by striking "him" and inserting "the 
prisoner"; and 
(4) in subsection (b)— 
(A) in the first sentence by inserting "(other than a 
prisoner serving a sentence for a crime of violence)" after 
A prisoner"; and 
(B) by inserting after the first sentence the following: 
"A prisoner who is serving a term of imprisonment of 
more than 1 year for a crime of violence, other than a 
term of imprisonment for the duration of the prisoner's 
life, may receive credit toward the service of the prisoner's 
108 STAT. 1826 
PUBLIC LAW 103-322—SEPT. 13, 1994 
sentence, beyond the time served, of up to 54 days at 
the end of each year of the prisoner's term of imprisonment, 
beginning at the end of the first year of the term, subject 
to determination by the Bureau of Prisons that, during 
that year, the prisoner has displayed exemplary compliance 
with such institutional disciplinary regulations.". 
42 use 13721. 
SEC. 20406. TASK FORCE ON PRISON CONSTRUCTION STANDARDIZA-
TION AND TECHNIQUES. 
(a) TASK FORCE.—The Director of the National Institute of 
Corrections shall, subject to availability of appropriations, establish 
a task force composed of Federal, State, and local officials expert 
in prison construction, and of at least an equal number of engineers, 
architects, and construction experts from the private sector with 
expertise in prison design and construction, including the use of 
cost-cutting construction standardization techniques and cost-cut-
ting new building materials and technologies. 
(b) COOPERATION.—^The task force shall work in close coopera-
tion and communication with other State and local officials respon-
sible for prison construction in their localities. 
(c) PERFORMANCE REQUIREMENTS.—^The task force shall work 
to— 
(1) establish and recommend standardized construction 
plans and techniques for prison and prison component construc-
tion; and 
(2) evaluate and recommend new construction technologies, 
techniques, and materials, 
to reduce prison construction costs at the Federal, State, and local 
levels and make such construction more efficient. 
(d) DISSEMINATION.—^The task force shall disseminate informa-
tion described in subsection (c) to State and local officials involved 
in prison construction, through written reports and meetings. 
(e) PROMOTION AND EVALUATION.—The task force shall— 
(1) work to promote the implementation of cost-saving 
effi)rts at the Federal, State, and local levels; 
(2) evaluate and advise on the results and effectiveness 
of such cost-saving efforts as adopted, broadly disseminating 
information on the results; and 
(3) to the extent feasible, certify the effectiveness of the 
cost-savings efforts. 
42 use 13722. 
SEC. 20407. EFFICIENCY IN LAW ENFORCEMENT AND CORRECTIONS. 
(a) IN GENERAL.—In the administration of each grant program 
funded by appropriations authorized by this Act or by an amend-
ment made by this Act, the Attorney General shall encourage— 
(1) innovative methods for the low-cost construction of 
facilities to be constructed, converted, or expanded and the 
low-cost operation of such facilities and the reduction of 
administrative costs and overhead expenses; and 
(2) the use of surplus Federal property. 
(b) 
ASSESSMENT 
OF 
CONSTRUCTION 
COMPONENTS AND 
DESIGNS.—^The Attorney General may make an assessment of the 
cost efficiency and utility of using modular, prefabricated, precast, 
and pre-engineered construction components and designs for hous-
ing nonviolent criminals. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1827 
SEC. 20408. AMENDMENTS TO THE DEPARTMENT OF EDUCATION 
ORGANIZATION ACT AND THE NATIONAL LITERACY ACT 
OF 1991. 
(a) TECHNICAL AMENDMENT.—^The matter preceding paragraph 
(1) of section 214(d) of the Department of Education Organization 
Act (20 U.S.C. 3423a(d)) is amended by striking "under subsection 
(a)" and inserting "under subsection (c)". 
(b) ESTABLISHMENT OF A PANEL AND USE OF FUNDS.—Section 
601 of the National Literacy Act of 1991 (20 U.S.C. 1211-2) is 
amended— 
(1) by redesignating subsection (g) as subsection (i); and 
(2) by inserting alter subsection (f) the following new 
subsections: 
"(g) PANEL.—The Secretary is authorized to consult with and 
convene a panel of experts in correctional education, including 
program aaministrators and field-based professionals in adult 
corrections, juvenile services, jails, and community corrections pro-
grams, to— 
"(1) develop measures for evaluating the effectiveness of 
the programs funded under this section; and 
"(2) evaluate the effectiveness of such programs. 
"(h) USE OF FUNDS.—^Notwithstanding any other provision of 
law, the Secretary mav use not more than five percent of funds 
appropriated under subsection (i) in any fiscal year to carry out 
grant-related activities such as monitoring, technical assistance, 
and replication and dissemination.". 
SEC. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING. 
(a) AMENDMENT OF TiTLE 18, UNITED STATES CoDE.—Sub-
chapter C of chapter 229 of part 2 of title 18, United States Code, 
is amended by adding at the end the following new section: 
*
*
§ 3626. Appropriate remedies with respect to prison crowd-
ing 
"(a) REQUIREMENT OF SHOWING WITH RESPECT TO THE PLAIN-
TIFF IN PARTICULAR.— 
"(1) HOLDING.—^A Federal court shall not hold prison or 
jail crowding unconstitutional under the eighth amendment 
except to the extent that an individual plaintiff inmate proves 
that the crowding causes the infliction of cruel and unusual 
punishment of that inmate. 
"(2) RELIEF.—^The relief in a case described in paragraph 
(1) shall extend no further than necessary to remove the condi-
tions that are causing the cruel and unusual punishment of 
the plaintiff inmate. 
"(b) INMATE POPULATION CEILINGS.— 
"(1) REQUIREMENT OF SHOWING WITH RESPECT TO PARTICU-
LAR PRISONERS,—A Federal court shall not place a ceiling on 
the inmate population of any Federal, State, or local detention 
facility as an equitable remedial measure for conditions that 
violate the eighth amendment unless crowding is inflicting 
cruel and unusual punishment on particular identified pris-
oners. 
"(2) RULE OF CONSTRUCTION.—Paragraph (1) shall not be 
construed to have any effect on Federal judicial power to issue 
equitable relief other than that described in paragraph (1), 
including the requirement of improved medical or health care 
108 STAT. 1828 
PUBLIC LAW 103-322—SEPT. 13, 1994 
18 u s e 3626 
note. 
18 use 3626 
note. 
Virginia. 
District of 
Columbia. 
42 use 13723. 
20 u s e 1070a 
note. 
and the imposition of civil contempt fines or damages, where 
such rehef is appropriate. 
"(c) PERIODIC REOPENING.—Each Federal court order or consent 
decree seeking to remedy an eighth amendment violation shall 
be reopened at the behest of a defendant for recommended modifica-
tion at a minimum of 2-year intervals.". 
(b) APPLICATION OF AMENDMENT.—Section 3626 of title 18, 
United States Code, as added by paragraph (1), shall apply to 
all outstanding court orders on the date of enactment of this Act, 
Any State or municipality shall be entitled to seek modification 
of any outstanding eighth amendment decree pursuant to that 
section. 
(c) TECHNICAL AMENDMENT.—^The subchapter analysis for sub-
chapter C of chapter 229 of title 18, United States Code, is amended 
by adding at the end the following new item: 
"3626. Appropriate remedies with respect to prison crowding.". 
(d) SUNSET PROVISION.—^This section and the amendments 
made by this section are repealed effective as of the date that 
is 5 years after the date of enactment of this Act. 
SEC. 
2
0
4
1
0
. CONGRESSIONAL APPROVAL OF ANY EXPANSION AT 
LORTON A N D CONGRESSIONAL HEARINGS 
ON FUTURE 
NEEDS. 
(a) CONGRESSIONAL APPROVAL.—Notwithstanding any other 
provision of law, the existing prison facilities and complex at the 
District of Columbia Corrections Facility at Lorton, Virginia, shall 
not be expanded unless such expansion has been approved by 
the Congress under the authority provided to Congress in section 
446 of the District of Columbia Self-Grovemment and Governmental 
Reorganization Act. 
(b) SENATE HEARINGS.—The Senate directs the Subcommittee 
on the District of Columbia of the Committee on Appropriations 
of the Senate to conduct hearings regarding expansion of the prison 
complex in Lorton, Virginia, prior to any approval granted pursuant 
to subsection (a). The subcommittee shall permit interested parties, 
including appropriate officials from the County of Fairfax, Virginia, 
to testify at such hesirings. 
(c) DEFINITION.—For purposes of this section, the terms 
"expanded" and "expansion" mean any alteration of the physical 
structure of the prison complex that is made to increase the number 
of inmates incarcerated at the prison. 
SEC. 20411. AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED. 
(a) IN GENERAL.—Section 401(b)(8) of the Higher Education 
Act of 1965 (20 U.S.C. 1070a(b)(8)) is amended to read as follows: 
"(8) No basic grant shall be awarded under this subpart to 
any individual who is incarcerated in any Federal or State penal 
institution.". 
(b) APPLICATION OF AMENDMENT.—The amendment made by 
this section shall apply with respect to periods of enrollment begin-
ning on or after the date of enactment of this Act. 
SEC. 20412. EDUCATION REQUIREMENT FOR EARLY RELEASE. 
Section 3624(b) of title 18, United States Code, is amended— 
(1) by inserting "(1)" after "behavior.—"; 
(2) by striking "Such credit toward service of sentence 
vests at the time that it is received. Credit that has vested 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1829 
may not later be withdrawn, and credit that has not been 
earned may not later be granted." £ind inserting "Credit that 
has not been earned may not later be granted."; and 
(3) by adding at the end the following: 
"(2) Credit toward a prisoner's service of sentence shall not 
be vested unless the prisoner has earned or is making satisfactory 
progress toward a high school diploma or an equivalent degree. 
"(3) The Attorney General shall ensure that the Bureau of 
Prisons has in effect an optional CJeneral Educational Development 
program for inmates who have not earned a high school diploma 
or its equivalent. 
"(4) Exemptions to the CJeneral Educational Development 
requirement may be made as deemed appropriate by the Director 
of the Federal Bureau of Prisons.". 
SEC. 20413. CONVERSION OF CLOSED MILITARY INSTALLATIONS INTO 42 USCJ13724. 
FEDERAL PRISON FACIUTIES. 
(a) STUDY OF SUITABLE BASES.—The Secretary of Defense and 
the Attorney General shall jointly conduct a study of all military 
installations selected before the date of enactment of this Act to 
be closed pursuant to a base closure law for the purpose of evaluat-
ing the suitability of any of these installations, or portions of 
these installations, for conversion into Federal prison facilities. 
As part of the study, the Secretary and the Attorney General 
shall identify the military installations so evaluated that are most 
suitable for conversion into Federal prison facilities. 
(b) SUITABILITY FOR CONVERSION.—In evaluating the suitability 
of a military installation for conversion into a Federal prison facility, 
the Secretary of Defense and the Attorney (General shall consider 
the estimated cost to convert the installation into a prison facility 
and such other factors as the Secretary and the Attorney General 
consider to be appropriate. 
(c) TIME FOR STUDY.—^The study required by subsection (a) 
shall be completed not later than the date that is 180 days after 
the date of enactment of this Act. 
(d) CONSTRUCTION OF FEDERAL PRISONS.— 
(1) IN GENERAL.—In determining where to locate any new 
Federal prison facility, and in accordance with the Department 
of Justice's duty to review and identify a use for any portion 
of an installation closed pursuant to title II of the Defense 
Authorization Amendments and Base Closure and Realignment 
Act (Public Law 100-526) and the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 
101-510), the Attorney General shall— 
(A) consider whether using any portion of a military 
installation closed or scheduled to be closed in the region 
i 
pursuant to a base closure law provides a cost-effective 
alternative to the purchase of real property or construction 
-
of new prison facilities; 
(B) consider whether such use is consistent with a 
reutilization and redevelopment plan; and 
(C) give consideration to any installation located in 
a rural area the closure of which will have a substantial 
adverse impact on the economy of the local communities 
and on the ability of the communities to sustain an eco-
nomic recovery from such closure. 
108 STAT. 1830 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(2) CONSENT.—^With regard to paragraph (1)(B), consent 
must be obtained from the local re-use authority for the military 
installation, recognized and funded by the Secretary of Defense, 
before the Attorney CJeneral may proceed with plans for the 
design or construction of a prison at the installation. 
(3) REPORT ON BASIS OF DECISION.—Before proceeding with 
plans for the design or construction of a Federal prison, the 
Attorney General shall submit to Congress a report explaining 
the basis of the decision on where to locate the new prison 
facility. 
(4) REPORT ON COST-EFFECTIVENESS.—If the Attorney Gen-
eral decides not to utilize any portion of a closed military 
installation or an installation scheduled to be closed for locating 
a prison, the report shall include an analysis of why installa-
tions in the region, the use of which as a prison would be 
consistent with a reutilization and redevelopment plan, does 
not provide a cost-effective alternative to the purchase of real 
property or construction of new prison facilities. 
(e) DEFINITION.—In this section, "base closure law" means— 
(1) the Defense Base Closure and Realignment Act of 1990 
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
note); and 
(2) title II of the Defense Authorization Amendments and 
Base Closure and Realignment Act (Public Law 100-526; 10 
U.S.C. 2687 note). 
SEC. 20414. POST-CONVICTION RELEASE DRUG TESTING—FEDERAL 
OFFENDERS. 
(a) DRUG TESTING PROGRAM.— 
(1) IN GENERAL.^Subchapter A of chapter 229 of title 18, 
United States Code, is amended by adding at the end the 
following new section: 
^§ 3608. Drug testing of Federal offenders on post-conviction 
release 
"The Director of the Administrative Office of the United States 
Courts, in consultation with the Attorney General and the Secretary 
of Health and Human Services, shall, subject to the availability 
of appropriations, establish a program of drug testing of Federal 
offenders on post-conviction release. The program shall include 
such standards and guidelines as the Director may determine nec-
essary to ensure the reliability and accuracy of the drug testing 
programs. In each judicial district the chief probation officer shall 
arrange for the drug testing of defendants on post-conviction release 
pursuant to a conviction for a felony or other offense described 
in section 3563(a)(4).". 
(2) TECHNICAL AMENDMENT.—^The subchapter analysis for 
subchapter A of chapter 229 of title 18, United States Code, 
is amended by adding at the end the following new item: 
"3608. Drug testing of Federal offenders on post-conviction release.". 
(b) CONDITIONS OF PROBATION.—Section 3563(a) of title 18, 
United States Code, is amended— 
(1) in paragraph (2) by striking "and" after the semicolon; 
(2) in paragraph (3) by striking the period and inserting 
"; and"; 
(3) by adding at the end the following new paragraph: 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1831 
"(4) for a felony, a misdemeanor, or an infraction, that 
the defendant refrain from any unlawful use of a controlled 
substance and submit to one drug test within 15 days of release 
on probation and at least 2 periodic drug tests thereafter (as 
determined by the court) for use of a controlled substance, 
but the condition stated in this paragraph may be ameliorated 
or suspended by the court for any individual defendant if the 
defendant's presentence report or other reliable sentencing 
information indicates a low risk of future substance abuse 
by the defendant."; and 
(4) by adding at the end the following: 'The results of 
a drug test administered in accordance with paragraph (4) 
shall be subject to confirmation only if the results are positive, 
the defendant is subject to possible imprisonment for such 
failure, and either the defendant denies the accuracy of such 
test or there is some other reason to question the results 
of the test. A defendant who tests positive may be detained 
pending verification of a positive drug test result. A drug test 
confirmation shall be a urine drug test confirmed using gas 
chromatography/mass spectrometry techniques or such test as 
the Director of the Administrative Office of the United States 
Courts after consultation with the Secretary of Health and 
Human Services may determine to be of equivalent accuracy. 
The court shall consider whether the availability of appropriate 
substance abuse treatment programs, or an individual's current 
or past participation in such programs, warrants an exception 
in accordance with United States Sentencing Commission 
guidelines from the rule of section 3565(b), when considering 
any action against a defendant who fails a drug test adminis-
tered in accordance with paragraph (4).". 
(c) CONDITIONS OF SUPERVISED RELEASE.—Section 3583(d) of 
; 
title 18, United States Code, is amended by inserting after the 
first sentence the following: "The court shall also order, as an 
explicit condition of supervised release, that the defendant refrain 
from any unlawful use of a controlled substance and submit to 
a drug test within 15 days of release on supervised release and 
at least 2 periodic drug tests thereafter (as determined by the 
court) for use of a controlled substance. The condition stated in 
the preceding sentence may be ameliorated or suspended by the 
court as provided in section 3563(a)(4). The results of a drug test 
administered in accordance with the preceding subsection shall 
be subject to confirmation only if the results are positive, the 
defendant is subject to possible imprisonment for such failure, and 
either the defendant denies the accuracy of such test or there 
is some other reason to question the results of the test. A drug 
test confirmation shall be a urine drug test confirmed using gas 
chromatography/mass spectrometry techniques or such test as the 
Director of the Administrative Office of the United States Courts 
after consultation with the Secretary of Health and Human Services 
may determine to be of equivalent accuracy. The court shall consider 
whether the availability of appropriate substance abuse treatment 
programs, or an individual's current or past participation in such 
programs, warrants an exception in accordance with United States 
Sentencing Commission guidelines from the rule of section 3583(g) 
when considering any action against a defendant who fails a drug 
test.". 
108 STAT. 1832 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(d) CONDITIONS OF PAROLE.—Section 4209(a) of title 18, United 
States Code, is amended by inserting after the first sentence the 
following: "In every case, the Commission shall also impose as 
a condition of parole that the parolee pass a drug test prior to 
release and refrain from any unlawful use of a controlled substance 
and submit to at least 2 periodic drug tests (as determined by 
the Commission) for use of a controlled substance. The condition 
stated in the preceding sentence may be ameliorated or suspended 
by the Commission for any individual parolee if it determines 
that there is good cause for doing so. The results of a drug test 
administered in accordance with the provisions of the preceding 
sentence shall be subject to confirmation only if the results are 
positive, the defendant is subject to possible imprisonment for such 
failure, and either the defendant denies the accuracy of such test 
or there is some other reason to question the results of the test. 
A drug test confirmation shall be a urine drug test confirmed 
using gas chromatography/mass spectrometry techniques or such 
test as the Director of the Administrative Office of the United 
States Courts after consultation with the Secretary of Health and 
Human Services may determine to be of equivalent accuracy. The 
Commission shall consider whether the availability of appropriate 
substance abuse treatment programs, or an individual's current 
or past participation in such programs, warrants an exception in 
accordance with United States Sentencing Commission guidelines 
from the rule of section 4214(f) when considering any action against 
a defendant who fails a drug test.". 
SEC. 20415. REPORTING OF CASH RECEIVED BY CRIMINAL COURT 
CLERKS. 
(a) IN GENERAL.—Section 60501 of the Internal Revenue Code 
26 use 60501. 
of 1986 (relating to returns relating to cash received in trade 
or business) is amended by adding at the end the following new 
subsection: 
"(g) CASH RECEIVED BY CRIMINAL COURT CLERKS.— 
"(1) IN GENERAL.—Every clerk of a Federal or State crimi-
nal court who receives more than $10,000 in cash as bail 
for any individual charged with a specified criminal offense 
shall make a return described in paragraph (2) (at such time 
as the Secretary may by regulations prescribe) with respect 
to the receipt of such bail. 
"(2) RETURN.—^A return is described in this paragraph if 
such return— 
"(A) is in such form as the Secretary may prescribe, 
and 
"(B) contains— 
"(i) the name, address, and TIN of— 
"(I) the individual charged with the specified 
criminal offense, and 
"(II) each person posting the bail (other than 
a person licensed as a bail bondsman), 
"(ii) the amount of cash received, 
"(iii) the date the cash was received, and 
"(iv) such other information as the Secretary may 
^ 
prescribe. 
"(3) SPECIFIED CRIMINAL OFFENSE.—For purposes of this 
subsection, the term 'specified criminal offense' means— 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1833 
"(A) any Federal criminal offense involving a controlled 
substance, 
"(B) racketeering (as defined in section 1951, 1952, 
or 1955 of title 18, United States Code), 
"(C) money laundering (as defined in section 1956 or 
1957 of such title), and 
"(D) any State criminal offense substantially similar 
to an offense described in subparagraph (A), (B), or (C). 
"(4) INFORMATION TO FEDERAL PROSECUTORS.—Each clerk 
required to include on a return under paragraph (1) the 
information described in paragraph (2)(B) with respect to an 
individual described in paragraph (2)(B)(i)(I) shall furnish (at 
such time as the Secretary may by regulations prescribe) a 
written statement showing such information to the United 
States Attorney for the jurisdiction in which such individual 
resides and the jurisdiction in which the specified criminal 
offense occurred. 
"(5) INFORMATION TO PAYORS OF BAIL.—Each clerk required 
to make a return under paragraph (1) shall furnish (at such 
time as the Secretary may by regulations prescribe) to each 
person whose name is required to be set forth in such return 
by reason of paragraph (2)(B)(i)(II) a written statement show-
ing— 
"(A) the name and address of the clerk's office required 
to make the return, and 
"(B) the aggregate amount of cash described in para-
graph (1) received by such clerk.". 
(b) CONFORMING AMENDMENTS.— 
(1) Clause (iv) of section 6724(d)(1)(B) of the Internal Reve-
nue Code of 1986 is amended to read as follows: 
26 USC 6724. 
"(iv) section 60501 (a) or (g)(1) (relating to cash 
received in trade or business, etc.),". 
(2) Subparagraph (K) of section 6724(d)(2) of the Internal 
Revenue Code of 1986 is amended to read as follows: 
"(K) section 60501(e) or paragraph (4) or (5) of section 
26 USC 60501. 
60501(g) (relating to cash received in trade or business, 
etc.),". 
(3) The heading for section 60501 of the Internal Revenue 
Code of 1986 is amended by striking "BUSINESS" and insert-
ing "BUSINESS, ETC.". 
(4) The table of sections for subpart B of part III of sub-
chapter A of chapter A of chapter 61 of the Internal Revenue 
Code of 1986 is amended by striking "business" and inserting 
'Tausiness, etc." in the item relating to section 60501. 
(c) REGULATIONS.—The Secretary of the Treasury or the Sec- 
26 USC 60501 
retary's delegate shall prescribe temporary regulations under the 
^°^-
amendments made by this section within 90 days after the date 
of enactment of this Act. 
(d) EFFECTIVE DATE.—The amendments made by this section 
26 use 60501 
shall take effect on the 60th day after the date on which the 
^°^-
temporary regulations are prescribed under subsection (c). 
SEC. 20416. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS. 
(a) EXHAUSTION OF ADMINISTRATIVE REMEDIES.—Section 7 of 
the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e) 
is amended— 
(1) in subsection (a)— 
108 STAT. 1834 
PUBLIC LAW 103-322—SEPT. 13, 1994 
42 use 1997e 
note. 
(A) in paragraph (1), by striking "ninety days" and 
inserting "180 days"; and 
(B) in paragraph (2), by inserting before the period 
at the end the following: "or are otherwise fair and effec-
tive"; and 
(2) in subsection (c)— 
(A) in paragraph (1) by inserting before the period 
at the end the following: "or are otherwise fair and effec-
tive"; and 
(B) in paragraph (2) by inserting before the period 
at the end the following: "or is no longer fair and effective". 
(b) EFFECTIVE DATE.—^The amendments made by subsection 
(a) shall take effect on the date of enactment of this Act. 
SEC. 20417. NOTIFICATION OF RELEASE OF PRISONERS. 
Section 4042 of title 18, United States Code, is amended— 
(1) by striking 'The Bureau" and inserting "(a) IN GEN-
ERAL.—The Bureau"; 
(2) by striking "This section" and inserting "(c) APPLICATION 
OF SECTION.—This section"; 
(3) in paragraph (4) of subsection (a), as designated by 
paragraph (1)— 
(A) by striking "Provide" and inserting "provide"; and 
(B) by striking the period at the end and inserting 
"; and"; 
(4) by inserting after paragraph (4) of subsection (a), as 
designated by paragraph (1), the following new paragraph: 
"(5) provide notice of release of prisoners in accordance 
with subsection (b)."; and 
(5) by inserting after subsection (a), as designated by para-
graph (1), the following new subsection: 
"(b) NOTICE OF RELEASE OF PRISONERS.—(1) At least 5 days 
prior to the date on which a prisoner described in paragraph (3) 
is to be released on supervised release, or, in the case of a prisoner 
on supervised release, at least 5 days prior to the date on.which 
the prisoner changes residence to a new jurisdiction, written notice 
of the release or chsinge of residence shall be provided to the 
chief law enforcement officer of the State and of the local jurisdiction 
in which the prisoner will reside. Notice prior to release shall 
be provided by the Director of the Bureau of Prisons. Notice concern-
ing a change of residence following release shall be provided by 
the probation officer responsible for the supervision of the released 
prisoner, or in a manner specified by the Director of the Administra-
tive Office of the United States Courts. The notice requirements 
under this subsection do not apply in relation to a prisoner being 
protected under chapter 224. 
"(2) A notice under paragraph (1) shall disclose— 
"(A) the prisoner's name; 
"(B) the prisoner's criminal history, including a description 
of the offense of which the prisoner was convicted; and 
"(C) any restrictions on conduct or other conditions to the 
release of the prisoner that are imposed by law, the sentencing 
court, or the Bureau of Prisons or any other Federal agency. 
"(3) A prisoner is described in this paragraph if the prisoner 
was convicted of— 
"(A) a drug trafficking crime, as that term is defined in 
section 924(c)(2); or 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1835 
"(B) a crime of violence (as defined in section 924(c)(3)). 
"(4) The notice provided under this section shall be used solely 
for law enforcement purposes.". 
SEC. 20418. CORRECTIONAL JOB TRAINING AND PLACEMENT. 
42 USC 13725. 
(a) PURPOSE.—It is the purpose of this section to encourage 
and support job training programs, and job placement programs, 
that provide services to incarcerated persons or ex-offenders. 
(b) DEFINITIONS.—^As used in this section: 
(1) CORRECTIONAL INSTITUTION.—^The term "correctional 
institution" means any prison, jail, reformatory, work farm, 
detention center, or halfway house, or any other similar institu-
tion designed for the confinement or rehabilitation of criminal 
offenders. 
(2) CORRECTIONAL JOB TRAINING OR PLACEMENT PROGRAM.— 
The term "correctional job training or placement program" 
means an activity that provides job training or job placement 
services to incarcerated persons or ex-offenders, or that assists 
incarcerated persons or ex-offenders in obtaining such services. 
(3) EX-OFFENDER.—^The term "ex-offender" means any 
individual who has been sentenced to a term of probation 
by a Federal or State court, or who has been released from 
a Federal, State, or local correctional institution. 
(4) INCARCERATED PERSON.—^The term "incarcerated per-
son" me£ins any individual incarcerated in a Federal or State 
correctional institution who is charged with or convicted of 
any criminal offense. 
(c) ESTABLISHMENT OF OFFICE.— 
(1) IN GENERAL,—The Attorney General shall establish 
within the Department of Justice an Office of Correctional 
Job Training and Placement. The Office shall be headed by 
a Director, who shall be appointed by the Attorney General. 
(2) TIMING.—The Attorney General shall carry out this 
subsection not later than 6 months after the date of enactment 
of this section. 
(d) FUNCTIONS OF OFFICE.—The Attorney General, acting 
through the Director of the Office of Correctional Job Training 
and Placement, in consultation with the Secretary of Labor, shall— 
(1) assist in coordinating the activities of the Federal Bond-
ing Program of the Department of Labor, the activities of the 
Department of Labor related to the certification of eligibility 
for targeted jobs credits under section 51 of the Internal Reve-
nue Code of 1986 with respect to ex-offenders, and any other 
correctional job training or placement program of the Depart-
ment of Justice or Department of Labor; 
(2) provide technical assistance to State and local employ-
ment and training agencies that— 
(A) receive financial assistance under this Act; or 
(B) receive financial assistance through other programs 
carried out by the Department of Justice or Department 
of Labor, for activities related to the development of 
employability; 
(3) prepare and implement the use of special staff training 
materials, and methods, for developing the staff competencies 
needed by State and local agencies to assist incarcerated per-
sons and ex-offenders in gaining marketable occupational skills 
and job placement; 
108 STAT. 1836 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(4) prepare and submit to Congress an annual report on 
the activities of the Office of Correctional Job Training and 
Placement, and the status of correctional job training or place-
ment programs in the United States; 
(5) cooperate with other Federal agencies carrying out 
correctional job training or placement programs to ensure 
coordination of such programs throughout the United States; 
(6) consult with, and provide outreach to— 
(A) State job training coordinating councils, adminis-
trative entities, and private industry councils, with respect 
to programs carried out under this Act; and 
(B) other State and local officials, with respect to other 
emplo3mient or training programs carried out by the 
Department of Justice or Department of Labor; 
(7) collect from States information on the training accom-
plishments and employment outcomes of a sample of incarcer-
ated persons and ex-offenders who were served by employment 
or training programs carried out, or that receive financial 
assistance through programs carried out, by the Department 
of Justice or Department of Labor; and 
(8)(A) collect from States and local governments informa-
tion on the development and implementation of correctional 
job training or placement programs; and 
(B) disseminate such information, as appropriate. 
TITLE III—CRIME PREVENTION 
Subtitle A—Ounce of Prevention Council 
42 use 13741. 
SEC. 30101. OUNCE OF PREVENTION COUNCIL. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established an Ounce of Preven-
tion Council (referred to in this title as the "Council"), the 
members of which— 
(A) shall include the Attorney Greneral, the Secretary 
of Education, the Secretary of Health and Human Services, 
the Secretary of Housing and Urban Development, the 
Secretary of Labor, the Secretary of Agriculture, the Sec-
retary of the Treasury, the Secretary of the Interior, and 
the Director of the Office of National Drug Control Policy; 
and 
(B) may include other officials of the executive branch 
as directed by the President. 
President. 
(2) CHAIR.—^The President shall designate the Chair of 
the Council from among its members (referred to in this title 
as the "Chair"). 
(3) STAFF.—^The Council may employ any necessary staff 
to carry out its functions, and may delegate any of its functions 
or powers to a member or members of the Council. 
(b) PROGRAM COORDINATION.—For any program authorized 
under the Violent Crime Control and Law Enforcement Act of 
1994, the Ounce of Prevention Council Chair, only at the request 
of the Council member with jurisdiction over that program, may 
coordinate that program, in whole or in part, through the Council. 
(c) ADMINISTRATIVE RESPONSIBILITIES AND POWERS.—In addi-
tion to the program coordination provided in subsection (b), the 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1837 
Council shall be responsible for such functions as coordinated plan-
ning, development of a comprehensive crime prevention program 
catalogue, provision of assistance to communities and community-
based organizations seeking information regarding crime prevention 
programs and integrated program service delivery, and development 
of strategies for program integration and grant simplification. The 
Council shall have the authority to audit the expenditure of funds 
received by grantees under programs administered by or coordi-
nated through the Council. In consultation with the Council, the 
Chair may issue regulations and guidelines to carry out this subtitle 
and programs administered by or coordinated through the Council. 
SEC. 30102. OUNCE OF PREVENTION GRANT PROGRAM. 
42 USC 13742. 
(a) IN GENERAL.—^The Council may make grants for— 
(1) summer and after-school (including weekend and holi-
day) education and recreation programs; 
(2) mentoring, tutoring, and other programs involving 
participation by adult role models (such as D.A.R.E. America); 
(3) programs assisting and promoting employability and 
job placement; and 
(4) prevention and treatment programs to reduce substance 
abuse, child abuse, and adolescent pregnancy, including out-
reach programs for at-risk families. 
(b) APPLICANTS.—^Applicants may be Indian tribal governments, 
cities, counties, or other municipalities, school boards, colleges and 
universities, private nonprofit entities, or consortia of eligible 
applicants. Applicants must show that a planning process has 
occurred that has involved organizations, institutions, and residents 
of target areas, including young people, and that there has been 
cooperation between neighborhood-based entities, municipality-wide 
bodies, and local private-sector representatives. Applicants must 
demonstrate the substantial involvement of neighborhood-based 
entities in the carrying out of the proposed activities. Proposals 
must demonstrate that a broad base of collaboration and coordina-
tion will occur in the implementation of the proposed activities, 
involving cooperation among youth-serving organizations, schools, 
health and social service providers, employers, law enforcement 
professionals, local government, and residents of target areas, 
including young people. Applications shall be geographically based 
in particular neighborhoods or sections of municipalities or particu-
lar segments of rural areas, and applications shall demonstrate 
how programs will serve substantial proportions of children and 
youth resident in the target area with activities designed to have 
substantial impact on their lives. 
(c) PRIORITY.—In making such grants, the Council shall give 
preference to coalitions consisting of a broad spectrum of commu-
nity-based and social service organizations that have a coordinated 
team approach to reducing gang membership and the effects of 
substance abuse, and providing alternatives to at-risk youth. 
(d) FEDERAL SHARE.— 
(1) IN GENERAL.—^The Federal share of a grant made under 
this part may not exceed 75 percent of the total costs of the 
projects described in the applications submitted under sub-
section (b) for the fiscal year for which the projects receive 
assistance under this title. 
(2) WAIVER.—^The Council may waive the 25 percent match-
ing requirement under paragraph (1) upon making a determina-
108 STAT. 1838 
PUBLIC LAW 103-322—SEPT. 13, 1994 
tion that a waiver is equitable in view of the 
financial 
circumstances affecting the ability of the applicant to meet 
that requirement. 
(3) NON-FEDERAL SHARE.—The non-Federal share of such 
costs may be in cash or in kind, fairly evaluated, including 
plant, equipment, and services. 
(4) NONSUPPLANTING REQUIREMENT.—Funds made avail-
able under this title to a governmental entity shall not be 
used to supplant State or local funds, or in the case of Indian 
tribal governments, funds supplied by the Bureau of Indian 
Affairs, but shall be used to increase the amount of funds 
that would, in the absence of Federal funds received under 
this title, be made available from State or local sources, or 
in the case of Indian tribal governments, from funds supplied 
by the Bureau of Indian Affairs. 
(5) EVALUATION.—The Council shall conduct a thorough 
evaluation of the programs assisted under this title. 
42 use 13743. 
SEC. 30103. DEFIMTION. 
In this subtitle, "Indian tribe" means a tribe, band, pueblo, 
nation, or other organized group or community of Indians, including 
an Alaska Native village (as defined in or established under the 
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
that is recognized as eligible for the special programs and services 
provided by the United States to Indieins because of their status 
as Indians. 
42 use 13744. 
SEC. 30104. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out this 
subtitle— 
(1) $1,500,000 for fiscal year 1995; 
(2) $14,700,000 for fiscal year 1996; 
(3) $18,000,000 for fiscal year 1997; 
(4) $18,000,000 for fiscal year 1998; 
(5) $18,900,000 for fiscal year 1999; and 
(6) $18,900,000 for fiscal year 2000. 
Subtitle B—^Local Crime Prevention Block 
Grant Program 
42 use 13751. 
SEC. 30201. PAYMENTS TO LOCAL GOVERNMENTS. 
(a) PAYMENT AND USE.— 
(1) PAYMENT.—The Attorney General, shall pay to each 
unit of general local government which qualifies for a payment 
under this subtitle an amount equal to the sum of any amounts 
allocated to the government under this subtitle for each pay-
ment period. The Attorney General shall pay such amount 
from amounts appropriated under section 30202. 
(2) USE.—^Amounts paid to a unit of general local govern-
ment under this section shall be used by that unit for carrying 
out one or more of the following purposes: 
(A) Education, training, research, prevention, diver-
sion, treatment, and rehabilitation programs to prevent 
juvenile violence, juvenile gangs, and the use and sale 
of illegal drugs by juveniles. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1839 
(B) Programs to prevent crimes against the elderly 
based on the concepts of the Triad model. 
(C) Programs that prevent young children from becom-
ing gang involved, including the award of grants or con-
tracts to community-based service providers that have a 
proven track record of providing services to children ages 
5 to 18. 
(D) Saturation jobs programs, offered either separately 
or in conjunction with the services provided for under the 
Youth Fair Chance Program, that provide emplo5anent 
opportunities leading to permanent unsubsidized employ-
ment for disadvantaged young adults 16 through 25 years 
of age. 
(E) Midnight sports league programs that shall require 
each player in the league to attend employment counseling, 
job training, and other educational classes provided under 
the program, which shgJl be held in conjunction with league 
sports games at or near the site of the games. 
(F) Supervised sports and recreation programs, includ-
ing Olympic Youth Development Centers established in 
cooperation with the United States Olympic Committee, 
that are offered— 
(i) after school and on weekends and holidays, 
during the school year; and 
(ii) as daily (or weeklong) full-day programs (to 
the extent available resources permit) or as part-day 
programs, during the summer months. 
(G) Prevention and enforcement programs to reduce— 
(i) the formation or continuation of juvenile gangs; 
and 
(ii) the use and sale of illegal drugs by juveniles. 
(H) Youth anticrime councils to give intermediate and 
secondary school students a structured forum through 
which to work with community organizations, law enforce-
ment officials, government and media representatives, and 
school administrators and faculty to address issues regard-
ing youth and violence. 
(I) Award of grants or contracts to the Boys and Girls 
Clubs of America, a national nonprofit youth organization, 
to establish Boys and Girls Clubs in public housing. 
(J) Supervised visitation centers for children who have 
been removed from their parents and placed outside the 
home as a result of abuse or neglect or other risk of 
harm to them and for children whose parents are separated 
or divorced and the children are at risk because— 
(i) there is documented sexual, physical, or emo-
tional abuse as determined by a court of competent 
jurisdiction; 
(ii) there is suspected or elevated risk of sexual, 
physical, or emotional abuse, or there have been 
threats of parental abduction of the child; 
(iii) due to domestic violence, there is an ongoing 
risk of harm to a parent or child; 
(iv) a parent is impaired because of substance 
abuse or mental illness; 
(v) there are allegations that a child is at risk 
for any of the reasons stated in clauses (i), (ii), (iii). 
108 STAT. 1840 
PUBLIC LAW 103-322—SEPT. 13, 1994 
and (iv), pending an investigation of the allegations; 
or 
(vi) other circumstances, as determined by a court 
of competent jurisdiction, point to the existence of such 
a risk. 
(K) Family Outreach Teams which provide a youth 
worker, a parent worker, and a school-parent organizer 
to provide training in outreach, mentoring, community 
organizing and peer counseling and mentoring to locally 
recruited volunteers in a particular area. 
(L) To establish corridors of SEifety for senior citizens 
by increasing the numbers, presence, and watchfulness 
of law enforcement officers, community groups, and busi-
ness owners and employees. 
(M) Teams or units involving both specially trained 
law enforcement professionals and child or family services 
professionals that on a 24-hour basis respond to or deal 
with violent incidents in which a child is involved as a 
perpetrator, witness, or victim. 
(N) Dwelling units to law enforcement officers without 
charge or at a substantially reduced rent for the purpose 
of providing greater security for residents of high crime 
areas. 
(b) TIMING OF PAYMENTS.—The Attorney General shall pay 
each amount allocated under this subtitle to a unit of general 
local government for a payment period by the later of 90 days 
after the date the amount is available or the first day of the 
pajonent period if the unit of general local government has provided 
the Attorney CJeneral with the assurances required by section 
30203(d). 
(c) ADJUSTMENTS.— 
(1) IN GENERAL.—Subject to paragraph (2), the Attorney 
General shall adjust a pa3nnent under this subtitle to a unit 
of general local government to the extent that a prior pa3mtient 
to the government was more or less than the amount required 
to be paid. 
(2) CONSIDERATIONS.—^The Attorney General may increase 
or decrease under this subsection a payment to a unit of general 
local government only if the Attorney General determines the 
need for the increase or decrease, or the unit requests the 
increase or decrease, within one year after the end of the 
payment period for which the pajmient was made. 
(d) RESERVATION FOR ADJUSTMENTS.—The Attorney General 
may reserve a percentage of not more than 2 percent of the amount 
under this section for a payment period for all units of general 
local government in a State if the Attorney General considers the 
reserve is necessary to ensure the availability of sufficient amounts 
to pay adjustments after the final allocation of amounts among 
the units of general local government in the State. 
(e) REPAYMENT OF UNEXPENDED AMOUNTS.— 
(1) REPAYMENT REQUIRED.—^A unit of general local govern-
ment shall repay to the Attorney Genersd, by not later than 
15 months after receipt from the Attorney Greneral, any amount 
that is— 
(A) paid to the unit from amounts appropriated under 
the authority of this section; and 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1841 
(B) not expended by the unit within one year after 
receipt from the Attorney Greneral. 
(2) PENALTY FOR FAILURE TO REPAY.—If the amount 
required to be repaid is not repaid, the Attorney Greneral shall 
reduce pa3mtients in future pa5mient periods accordingly. 
(3) DEPOSIT OF AMOUNTS REPAID.—Amounts received by 
the Attorney General as repayments under this subsection shall 
be deposited in a designated fund for future payments to units 
of general local government. 
(f) NONSUPPLANTING REQUIREMENT.—Funds made available 
under this subtitle to units of local government shall not be used 
to supplant State or local funds, but will be used to increase 
the amount of funds that would, in the absence of funds under 
this subtitle, be made available from State or local sources. 
SEC. 30202. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this subtitle— 
(1) $75,940,000 for fiscal year 1996; 
(2) $75,940,000 for fiscal year 1997; 
(3) $75,940,000 for fiscal year 1998; 
(4) $75,940,000 for fiscal year 1999; and 
(5) $73,240,000 for fiscal year 2000. 
Such sums are to remain available until expended. 
(b) ADMINISTRATIVE COSTS.—Up to 2.5 percent of the amount 
authorized to be appropriated under subsection (b) is authorized 
to be appropriated for the period fiscal year 1995 through fiscal 
year 2000 to be available for administrative costs by the Attorney 
General in furtherance of the purposes of the program. Such sums 
are to remain available until expended. 
SEC. 30203. QUALIFICATION FOR PAYMENT. 
(a) IN GENERAL.—^The Attorney General shall issue regulations 
establishing procedures under which eligible units of general local 
government are required to provide notice to the Attorney General 
of the units' proposed use of assistance under this subtitle. 
(b) GENERAL REQUIREMENTS FOR QUALIFICATION.—A unit of 
general local government qualifies for a payment under this subtitle 
for a pa3anent period only after establishing to the satisfaction 
of the Attorney General that— 
(1) the government will establish a trust fund in which 
the government will deposit all payments received under this 
subtitle; 
(2) the government will use amounts in the trust fund 
(including interest) during a reasonable period; 
(3) the government will expend the payments so received, 
in accordance with the laws and procedures that are applicable 
to the expenditure of revenues of the government; 
(4) if at least 25 percent of the pay of individuals employed 
by the government in a public employee occupation is paid 
out of the trust fund, individuals in the occupation any part 
of whose pay is paid out of the trust fund will receive pay 
at least equal to the prevailing rate of pay for individuals 
employed in similar public employee occupations by the govern-
ment; 
(5) the government will use accounting, audit, and fiscal 
procedures that conform to guidelines which shall be prescribed 
by the Attorney General after consultation with the Comptroller 
42 use 13752. 
42 use 13753. 
Regulations. 
108 STAT. 1842 
PUBLIC LAW 103-322—SEPT. 13, 1994 
Records. 
Reports. 
42 use 13754. 
General of the United States. As applicable, amounts received 
under this subtitle shall be audited in compliance with the 
Single Audit Act of 1984; 
(6) after reasonable notice to the government, the govern-
ment will make available to the Attorney (General and the 
Comptroller General of the United States, with the right to 
inspect, records the Attorney General reasonably requires to 
review compliance with this subtitle or the Comptroller General 
of the United States reasonably requires to review compliance 
and operations; 
(7) the government will make reports the Attorney General 
reasonably requires, in addition to the annual reports required 
under this subtitle; and 
(8) the government will spend the funds only for the pur-
poses set forth in section 30201(a)(2). 
(c) REVIEW BY GOVERNORS.—A unit of general local government 
shall give the chief executive officer of the State in which the 
government is located an opportunity for review and comment before 
establishing compliance with subsection (d). 
(d) SANCTIONS FOR NONCOMPLIANCE.— 
(1) IN GENERAL.—If the Attorney General decides that a 
unit of general local government has not complied substantially 
with subsection (b) or regulations prescribed under subsection 
(b), the Attorney (Jeneral shall notify the government. The 
notice shall state that if the government does not take corrective 
action by the 60th day after the date the government receives 
the notice, the Attorney CJeneral will withhold additional pay-
ments to the government for the current payment period and 
later payment periods until the Attorney General is satisfied 
that the government— 
(A) has taken the appropriate corrective action; and 
(B) will comply with subsection (b) and regulations 
prescribed under subsection (b). 
(2) NOTICE.—Before giving notice under paragraph (1), the 
Attorney General shall give the chief executive officer of the 
unit of general local government reasonable notice and an 
opportunity for comment. 
(3) PAYMENT CONDITIONS.—The Attorney General may 
make a payment to a unit of general local government notified 
under paragraph (1) only if the Attorney General is satisfied 
that the government— 
(A) has taken the appropriate corrective action; and 
(B) will comply with subsection (b) and regulations 
prescribed under subsection (b). 
SEC. 30204. ALLOCATION AND DISTRIBUTION OF FUNDS. 
(a) STATE DISTRIBUTION.—For each payment period, the Attor-
ney General shall allocate out of the amount appropriated for the 
period under the authority of section 30202— 
(1) 0.25 percent to each State; and 
(2) of the total amount of funds remaining after allocation 
under paragraph (1), an amount that is equal to the ratio 
that the number of part 1 violent crimes reported by such 
State to the Federal Bureau of Investigation for 1993 bears 
to the number of part 1 violent crimes reported by all States 
to the Federal Bureau of Investigation for 1993. 
> ^ ' « S . 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1843 
(b) LOCAL DISTRIBUTION.—(1) The Attorney General shall allo-
cate among the units of general local government in a State the 
amount allocated to the State under paragraphs (1) and (2) of 
subsection (a). 
(2) The Attorney (leneral shall allocate to each unit of general 
local government an amount which bears the ratio that the number 
of part 1 violent crimes reported by such unit to the Federal 
Bureau of Investigation for 1993 bears to the number of part 
1 violent crimes reported by all units in the State in which the 
unit is located to the Federal Bureau of Investigation for 1993 
multiplied by the ratio of the population living in all units in 
the State in which the unit is located that reported part 1 violent 
crimes to the Federal Bureau of Investigation for 1993 bears to 
the population of the State; or if such data are not available for 
a unit, the ratio that the population of such unit bears to the 
population of all units in the State in which the unit is located 
for which data are not available multiplied by the ratio of the 
population living in units in the State in which the unit is located 
for which data are not available bears to the population of the 
State. 
(3) If under paragraph (2) a unit is allotted less than $5,000 
for the payment period, the amount allotted shall be transferred 
to the Governor of the State who shall equitably distribute the 
allocation to all such units or consortia thereof. 
(4) If there is in a State a unit of general local government 
that has been incorporated since the date of the collection of the 
data used by the Attorney General in making allocations pursuant 
to this section, the Attorney General shall allocate to this newly 
incorporated local government, out of the amount allocated to the 
State under this section, an amount bearing the same ratio to 
the amount allocated to the State as the population of the newly 
incorporated local government bears to the population of the State. 
If there is in the State a unit of genered local government that 
has been annexed since the date of the collection of the data 
used by the Attorney Greneral in making allocations pursuant to 
this section, the Attorney Greneral shall pay the amount that would 
have been allocated to this local government to the unit of general 
local government that annexed it. 
(c) UNAVAILABILITY OF INFORMATION.—^For purposes of this sec-
tion, if data regarding part 1 violent crimes in any State for 1993 
is unavailable or substantially inaccurate, the Attorney General 
shall utilize the best available comparable data regarding the num-
ber of violent crimes for 1993 for such State for the purposes 
of allocation of any funds under this subtitle. 
SEC. 30205. UTILIZATION OF PRIVATE SECTOR. 
Funds or a portion of funds allocated under this subtitle may 
be utilized to contract with private, nonprofit entities or community-
based organizations to carry out the uses specified under section 
30201(a)(2). 
SEC. 30206. PUBUC PARTICIPATION. 
A unit of general local government expending pa3niients under 
this subtitle shall hold at least one public hearing on the proposed 
use of the payment in relation to its entire budget. At the hearing, 
persons shall be given an opportunity to provide written and oral 
views to the governmental authority responsible for enacting the 
budget and to ask questions about the entire budget and the relation 
42 use 13755. 
42 use 13756. 
108 STAT. 1844 
PUBLIC LAW 103-322—SEPT. 13, 1994 
42 use 13757. 
42 use 13758. 
of the pajrment to the entire budget. The government shall hold 
the hearing at a time and a place that allows and encourages 
public attendance and participation. 
SEC. 30207. ADME^ISTRATIVE PROVISIONS. 
The administrative provisions of part H of the Omnibus Crime 
Control and Safe Streets Act of 1968, shall apply to the Attorney 
General for purposes of carrying out this subtitle. 
SEC. 30208. DEFINrnONS. 
For purposes of this subtitle: 
(1) The term "unit of general local government" means— 
(A) a county, township, city, or political subdivision 
of a county, township, or city, that is a unit of general 
local government as determined by the Secretary of Com-
merce for general statistical purposes; and 
(B) the District of Columbia and the recognized govern-
ing body of an Indian tribe or Alaskan Native village that 
carries out substantial govemment£d duties and powers. 
(2) The term "payment period" means each 1-year period 
beginning on October 1 of the years 1995 through 2000. 
(3) The term "State" means any State of the United States, 
the District of Columbia, the Commonwealth of Puerto Rico, 
the Virgin Islands, American Samoa, Guam, and the Northern 
Mariana Islands, except that American Samoa, Guam, and 
the Northern Mariana Islands shall be considered as one State 
and that, for purposes of section 30204(a), 33 per centum of 
the amounts ^located shall be allocated to American Samoa, 
50 per centum to Guam, and 17 per centum to the Northern 
Mariana Islands. 
(4) The term "children" means persons who are not younger 
than 5 and not older than 18 years old. 
(5) The term "part 1 violent crimes" means murder and 
non-negligent manslaughter, forcible rape, robbery, and aggra-
vated assault as reported to the Federal Bureau of Investigation 
for purposes of the Uniform Crime Reports. 
Subtitle C- -Model Intensive Grant 
Programs 
42 use 13771. 
SEC. 30301. GRANT AUTHORIZATION. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—^The Attorney Greneral may award grants 
to not more than 15 chronic high intensive crime areas to 
develop comprehensive model crime prevention programs that— 
(A) involve and utilize a broad spectrum of community 
resources, including nonprofit community organizations, 
law enforcement organizations, and appropriate State and 
Federal agencies, including the State educational agencies; 
(B) attempt to relieve conditions that encourage crime; 
and 
(C) provide meaningful and lasting alternatives to 
involvement in crime. 
(2) CONSULTATION WITH THE OUNCE OF PREVENTION COUN-
CIL.—^The Attorney Greneral may consult with the Ounce of 
Prevention Council in awarding grants under paragraph (1). 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1845 
Federal 
Register, 
publication. 
42 u s e 13773. 
(b) PRIORITY.—In awarding grants under subsection (a), the 
Attorney General shall give priority to proposals that— 
(1) are innovative in approach to the prevention of crime 
in a specific area; 
(2) vary in approach to ensure that comparisons of different 
models may be made; and 
(3) coordinate crime prevention programs funded under 
this program with other existing Federal programs to address 
the overall needs of communities that benefit from grants 
received under this title. 
^ 
SEC. 30302. USES OF FUNDS. 
42 USC 13772. 
(a) IN GENERAL.—^Funds awarded under this subtitle may be 
used only for purposes described in an approved application. The 
intent of grants under this subtitle is to fund intensively comprehen-
sive crime prevention programs in chronic high intensive crime 
areas. 
(b) GUIDELINES.—^The Attorney General shall issue and publish 
in the Federal Register guidelines that describe suggested purposes 
for which funds under approved programs may be used. 
(c) EQUITABLE DISTRIBUTION OF FUNDS.—In disbursing funds 
under this subtitle, the Attorney General shall ensure the distribu-
tion of awards equitably on a geographic basis, including urban 
and rural areas of varying population and geographic size. 
SEC. 30303. PROGRAM REQUIREMENTS. 
(a) DESCRIPTION.—^An applicant shall include a description of 
the distinctive factors that contribute to chronic violent crime within 
the area proposed to be served by the grant. Such factors may 
include lack of alternative activities and programs for youth, 
deterioration or lack of public facilities, inadequate public services 
such as public transportation, street lighting, community-based sub-
stance abuse treatment facilities, or employment services offices, 
and inadequate police or public safety services, equipment, or 
facilities. 
(b) COMPREHENSIVE PLAN.—^An applicant shall include a com-
prehensive, community-based plan to attack intensively the prin-
cipal factors identified in subsection (a). Such plans shall describe 
the specific purposes for which funds are proposed to be used 
and how each purpose will address specific factors. The plan also 
shall specify how local nonprofit organizations, government agen-
cies, private businesses, citizens groups, volunteer organizations, 
and interested citizens will cooperate in carrying out the purposes 
of the grant. 
(c) EVALUATION.—^An applicant shall include an evaluation plan 
by which the success of the plan will be measured, including the 
articulation of specific, objective indicia of performance, how the 
indicia will be evaluated, and a projected timetable for carrying 
out the evaluation. 
SEC. 30304. APPLICATIONS. 
42 USC 13774. 
To request a grant under this subtitle the chief local elected 
official of an area shall— 
(1) prepare and submit to the Attorney General an applica-
tion in such form, at such time, and in accordance with such 
procedures, as the Attorney General shall establish; and 
(2) provide an assurance that funds received under this 
subtitle shall be used to supplement, not supplant, non-Federal 
108 STAT. 1846 
PUBLIC LAW 103-322—SEPT. 13, 1994 
funds that would otherwise be available for programs funded 
under this subtitle. 
42 use 13775. 
SEC. 30305. REPORTS. 
Not later than December 31, 1998, the Attorney Greneral shall 
prepare and submit to the Committees on the Judiciary of the 
House and Senate an evaluation of the model programs developed 
under this subtitle and make recommendations regarding the 
implementation of a national crime prevention program. 
42 use 13776. 
SEC. 30306. DEnNITIONS. 
In this subtitle— 
"chief local elected official" means an official designated 
under regulations issued by the Attorney Greneral. The criteria 
used by the Attorney Greneral in promulgating such regulations 
shall ensure administrative efficiency and accountability in the 
expenditure of funds and execution of funded projects under 
this subtitle. 
"chronic high intensity crime area" means an area meeting 
criteria adopted by the Attorney Greneral by regulation that, 
at a minimum, define areas with— 
(A) consistently high rates of violent crime as reported 
in the Federal Bureau of Investigation's "Uniform Crime 
Reports", and 
(B) chronically high rates of poverty as determined 
by the Bureau of the Census. 
"State" means a State, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States Virgin 
Islands, American Samoa, Guam, and the Northern Mariana 
Islands. 
42 use 13777. 
SEC. 30307. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out this 
subtitle— 
(1) $100,000,000 for fiscal year 1996; 
(2) $125,100,000 for fiscal year 1997; 
(3) $125,100,000 for fiscal year 1998; 
(4) $125,100,000 for fiscal year 1999; and 
(5) $ 150,200,000 for fiscal year 2000. 
Subtitle D—Family and Community 
Endeavor Schools Grant Program 
eommunity 
SEC. 30401. COMMUNITY SCHOOLS YOUTH SERVICES AND SUPER-
Schools Youth 
VISION GRANT PROGRAM. 
Services and 
Supervision 
(a) SHORT TiTLE.—^This scction may be cited as the "Community 
9^^^?J?F^™ 
Schools Youth Services and Supervision Grant Program Act of 
Act of 1994. 
1QQA" 
(b) DEFINITIONS.—In this section— 
"child" means a person who is not younger than 5 and 
not older than 18 years old. 
"community-based organization" means a private, locally 
initiated, community-based organization that— 
(A) is a nonprofit organization, as defined in section 
103(23) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5603(23)); and 
42 use 13791. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1847 
(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 emplo3niient and business development 
opportunities in the community, 
(iii) Educators. 
(iv) Religious organizations (which shall not pro-
vide any sectarian instruction or sectarian worship 
in connection with an activity funded under this title), 
(v) Law enforcement agencies, 
(vi) Public housing agencies, 
(vii) Other public agencies, 
(viii) Other interested parties, 
"eligible community means an area identified pursuant 
to subsection (e). 
"Indian tribe" means a tribe, band, pueblo, nation, or other 
organized group or community of Indians, including an Alaska 
Native village (as defined in or established under the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that 
is recognized as eligible for the special programs and services 
provided by the United States to Indians because of their 
status as Indians. 
"poverty line" means the income official poverty line (as 
defined by the Office of Management and Budget, and revised 
£innually in accordance with section 673(2) of the Community 
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to 
a family of the size involved. 
"public school" means a public elementary school, as 
defined in section 120 l(i) of the Higher Education Act of 1965 
(20 U.S.C. 1141(i)), and a public secondary school, as defined 
in section 1201(d) of that Act. 
"Secretarj^ means the Secretary of Health and Human 
Services, in consultation and coordination with the Attorney 
General. 
"State" means a State, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, American Samoa, Guam, and the 
United States Virgin Islands. 
(c) PRCXJRAM AUTHORITY.— 
(l)lNGEhfERAL.— 
(A) ALLOCATIONS FOR STATES AND INDIAN COUNTRY.— 
For any fiscal year in which the sums appropriated to 
carry out this section equal or exceed $20,000,000, from 
the sums appropriated to carry out this subsection, the 
Secretary shall allocate, for grants under subparagraph 
(B) to community-based organizations in each State, an 
amount bearing the same ratio to such sums as the number 
of children in the State who are from families with incomes 
below the poverty line bears to the number of children 
in all States who are from families with incomes below 
the poverty line. In view of the extraordinary need for 
assistance in Indian country, an appropriate amount of 
funds available under this subtitle shall be made available 
for such grants in Indian country. 
108 STAT. 1848 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(B) GRANTS TO COMMUNITY-BASED ORGANIZATIONS FROM 
ALLOCATIONS.—For such a fiscal year, the Secretary may 
award grants from the appropriate State or Indian country 
allocation determined under subparagraph (A) on a 
competitive basis to eligible community-based organizations 
to pay for the Federal share of assisting eligible commu-
nities to develop and carry out programs in accordance 
with this section. 
(C) REALLOCATION.—If, at the end of such a fiscal 
year, the Secretary determines that funds allocated for 
community-based organizations in a State or Indian coun-
try under subparagraph (B) remain unobligated, the Sec-
retary may use such funds to award grants to eligible 
community-based organizations in another State or Indian 
country to pay for such Federal share. In awarding such 
grants, the Secretary shall consider the need to maintain 
geographic diversity among the recipients of such grants. 
Amounts made available through such grants shall remain 
available until expended. 
(2) OTHER FISCAL YEARS.—^For any fiscal year in which 
the sums appropriated to carry out this section are less than 
$20,000,000, the Secretary may award grants on a competitive 
basis to eligible community-based organizations to pay for the 
Federal share of assisting eligible communities to develop and 
carry out programs in accordance with this section. 
(3) ADMINISTRATIVE COSTS.—The Secretary may use 
not 
more than 3 percent of the funds appropriated to carry out 
this section in any fiscal year for administrative costs. 
(d) PROGRAM REQUIREMENTS.— 
(1) 
LOCATION.—^A community-based 
organization 
that 
receives a grant under this section to assist in carrying out 
such a program shall ensure that the program is carried out— 
(A) when appropriate, in the facilities of a public school 
during nonschool hours; or 
(B) in another appropriate local facility in a State 
or Indian country, such as a college or university, a local 
or State park or recreation center, church, or military 
base, that is— 
(i) in a location that is easily accessible to children 
in the community; and 
(ii) in compliance 
with 
all applicable 
local 
ordinances. 
(2) USE OF FUNDS.—Such community-based organization— 
(A) shall use funds made available through the grant 
to provide, to children in the eligible community, services 
and activities that— 
(i) shall include supervised sports programs, and 
extracurricular and academic programs, that are 
offered— 
(I) after school and on weekends and holidays, 
during the school year; and 
(II) as daily full-day programs (to the extent 
available resources permit) or as part-day pro-
grams, during the summer months; 
(B) in providing such extracurricular and academic 
programs, shall provide programs such as curriculum-based 
supervised 
educational, 
work 
force 
preparation. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1849 
entrepreneurship, cultural, health programs, social activi-
' ties, arts and crafts programs, dance programs, tutorial 
and mentoring programs, and other related activities; 
(C) may use— 
(i) such funds for minor renovation of facilities 
that are in existence prior to the operation of the 
program and that are necessary for the operation of 
the program for which the organization receives the 
grant, purchase of sporting and recreational equipment 
and supplies, reasonable costs for the transportation 
of participants in the program, hiring of staff, provision 
of meals for such participants, provision of health serv-
ices consisting of an initial basic physical examination, 
provision of first aid and nutrition guidance, family 
counselling, parental training, and substance abuse 
treatment where appropriate; and 
(ii) not more than 5 percent of such funds to pay 
for the administrative costs of the program; and 
(D) may not use such funds to provide sectarian wor-
ship or sectarian instruction. 
(e) ELIGIBLE COMMUNITY IDENTIFICATION.— 
(1) IDENTIFICATION.—^To be eligible to receive a grant under 
this section, a community-based organization shall identify an 
eligible community to be assisted under this section. 
(2) CRITERIA.—Such eligible community shall be an area 
that meets such criteria with respect to significant poverty 
and significant juvenile delinquency, and such additional cri-
teria, as the Secretary may by regulation require. 
(f) APPLICATIONS.— 
(1) APPLICATION REQUIRED.—TO be eligible to receive a 
grant under this section, a community-based organization shall 
submit an application to the Secretary at such time, in such 
manner, and accompanied by such information, as the Secretary 
may 
reasonably 
require, and obtain 
approval of such 
application. 
(2) CONTENTS OF APPLICATION.—Each application submitted 
pursuant to paragraph (1) shall— 
(A) describe the activities and services to be provided 
through the program for which the grant is sought; 
(B) contain an assurance that the community-based 
organization will spend grant funds received under this 
section in a manner that the community-based organization 
determines will best accomplish the objectives of this 
section; 
(C) contain a comprehensive plan for the program that 
is designed to achieve identifiable goals for children in 
the eligible community; 
(D) set forth measurable goals and outcomes for the 
program that— 
, 
(i)will— 
! 
(I) where appropriate, make a public school 
the focal point of the eligible community; or 
(II) make a local facility described in sub-
section (d)(1)(B) such a focal point; and 
(ii) may include reducing the percentage of chil-
dren in the eligible community that enter the juvenile 
justice system, increasing the graduation rates, school 
79-194 O—95—4 : QL 3 Part 3 
108 STAT. 1850 
PUBLIC LAW 103-322—SEPT. 13, 1994 
attendance, and academic success of children in the 
eligible community, and improving the skills of pro-
gram participants; 
(E) provide evidence of support for accomplishing such 
goals and outcomes from— 
(i) community leaders; 
(ii) businesses; 
(iii) local educational agencies; 
(iv) local officials; 
(v) State officials; 
(vi) Indian tribal government officials; and 
(vii) other organizations that the community-based 
organization determines to be appropriate; 
(F) contain an assurance that the community-based 
organization will use grant funds received under this sec-
tion to provide children in the eligible community with 
activities and services that shall include supervised sports 
programs, and extracurricular £ind academic programs, in 
accordance with subparagraphs (A) and (B) of subsection 
(d)(2); 
(G) contain a list of the activities and services that 
will be offered through the program for which the grant 
/: 
is sought and sponsored by private nonprofit organizations, 
individuals, and groups serving the eligible community, 
including— 
(i) extracurricular and academic programs, such 
as programs described in subsection (d)(2)(B); and 
(ii) activities that address specific needs in the 
community; 
(H) demonstrate the manner in which the community-
based organization will make use of the resources, exper-
tise, and commitment of private entities in carrying out 
the program for which the grant is sought; 
(I) include an estimate of the number of children in 
the eligible community expected to be served pursuant 
to the program; 
(J) include a description of charitable private resources, 
and all other resources, that will be made available to 
achieve the goals of the program; 
(K) contain an assurance that the community-based 
organization will use competitive procedures when purchas-
ing, contracting, or otherwise providing for goods, activities, 
or services to carry out progrsims under this section; 
(L) contain an assurance that the program will main-
tain a staff-to-participant ratio (including volunteers) that 
is appropriate to the activity or services provided by the 
program; 
(M) contain an assurance that the program will main-
tain an average attendance rate of not less than 75 percent 
of the participants enrolled in the program, or will enroll 
additional participants in the program; 
(N) contain an assurance that the community-based 
organization will comply with any evaluation under sub-
section (m), any research effort authorized under Federal 
law, and any investigation by the Secretary; 
(O) contain an assurance that the community-based 
organization shall prepare and submit to the Secretary 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1851 
an annual report regarding any program conducted under 
this section; 
(P) contain an assurance that the program for which 
the grant is sought will, to the maximum extent possible, 
incorporate services that are provided solely through non-
Federal private or nonprofit sources; and 
(Q) contain an assurance that the community-based 
organization will maintain separate accounting records for 
^ 
the program. 
(3) PRIORITY.—In awarding grants to carry out programs 
under this section, the Secretary shall give priority to commu-
nity-based organizations who submit applications that dem-
onstrate the greatest effort in generating local support for the 
programs. 
(g) ELIGIBILITY OF PARTICIPANTS.— 
(1) IN GENERAL.—^To the extent possible, each child who 
resides in an eligible community shall be eligible to participate 
in a program carried out in such community that receives 
assistance under this section. 
(2) ELIGIBILITY.—^To be eligible to participate in a program 
that receives assistance under this section, a child shall provide 
the express written approval of a parent or guardian, and 
shall submit an official application £ind agree to the terms 
and conditions of participation in the program. 
(3) NONDISCRIMINATION.—In selecting children to partici-
pate in a program that receives assistance under this section, 
a community-based organization shall not discriminate on the 
basis of race, color, religion, sex, national origin, or disability, 
(h) PEER REVIEW PANEL.— 
(1) ESTABLISHMENT.—^The Secretary may establish a peer 
review panel that shall be comprised of individuals with dem-
onstrated experience in designing and implementing commu-
nity-based programs. 
(2) COMPOSITION.—A peer review panel shall include at 
least 1 representative from each of the following: 
(A) A community-based organization. 
(B) A local government. 
(C) A school district. 
(D) The private sector. 
(E) A charitable organization. 
(F) A representative of the United States Olympic 
Committee, at the option of the Secretary. 
(3) FUNCTIONS.—^A peer review panel shall conduct the 
initial review of all grant applications received by the Secretary 
under subsection (f), make recommendations to the Secretary 
regarding— 
(A) grant funding under this section; and 
(B) a design for the evaluation of programs assisted 
under this section. 
(i) INVESTIGATIONS AND INSPECTIONS.—The Secretary may con-
duct such investigations and inspections as may be necessary to 
ensure compliance with the provisions of this section. 
(j) PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE.— 
(1) PAYMENTS.—^The Secretary shall, subject to the avail-
ability of appropriations, 
pay to each 
community-based 
organization having an application approved under subsection 
108 STAT. 1852 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(f) the Federal share of the costs of developing and carr3dng 
out programs described in subsection (c). 
(2) FEDERAL SHARE,—The Federal share of such costs shall 
be no more than— 
(A) 75 percent for each of fiscal years 1995 and 1996; 
(B) 70 percent for fiscal year 1997; and 
(C) 60 percent for fiscal year 1998 and thereafter. 
(3) NON-FEDERAL SHARE.— 
(A) IN GENERAL.—^The non-Federal share of such costs 
may be in cash or in kind, fairly evaluated, including 
plant, equipment, and services (including the services 
described in subsection (f)(2)(P)), and funds appropriated 
by the Congress for the activity of any agency of an Indian 
tribal government or the Bureau of Indian Affairs on any 
Indian lands may be used to provide the non-Federal share 
of the costs of programs or projects funded under this 
subtitle. 
(B) SPECLU. RULE.—^At least 15 percent of the non-
Federal share of such costs shall be provided from private 
or nonprofit sources. 
(k) EVALUATION.—The Secretary shall conduct a thorough 
evaluation of the programs assisted under this section, which shall 
include an assessment of— 
(1) the number of children participating in each program 
assisted under this section; 
(2) the academic achievement of such children; 
(3) school attendance and graduation rates of such children; 
and 
(4) the number of such children being processed by the 
juvenile justice system. 
Family and 
SEC. 30402. FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT 
Community 
PROGRAM. 
Endeavor 
Schools Act. 
(a) SHORT TITLE.—^This section may be cited as the "Family 
42 use 13792. 
and Community Endeavor Schools Act". 
(b) PURPOSE.—It is the purpose of this section to improve the 
overall development of at-risk children who reside in eligible 
communities as defined in subsection (1)(3). 
(c) PROGRAM AUTHORITY.—^The Secretary may award grants 
on a competitive basis to eligible local entities to pay for the 
Federal share of assisting eligible communities to develop and carry 
out programs in accordance with this section. No local entity shall 
receive a grant of less than $250,000 in a fiscal year. Amounts 
made available through such grants shall remain available until 
expended. 
(d) PROGRAM REQUIREMENTS.— 
(1) IMPROVEMENT PROGRAMS.—-A local entity that receives 
funds under this section shall develop or expand programs 
that are designed to improve academic and social development 
by instituting a collaborative structure that trains and coordi-
nates the efforts of teachers, administrators, social workers, 
guidance counselors, parents, and school volunteers to provide 
concurrent social services for at-risk students at selected public 
schools in eligible communities. 
(2) OPTIONAL ACTIVITIES.—^A local entity that receives funds 
under this section may develop a variety of programs to serve 
the comprehensive needs of students, including— 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1853 
(A) homework assistance and after-school programs, 
including educational, social, and athletic activities; 
(B) nutrition services; 
(C) mentoring programs; 
(D) family counseling; and 
(E) parental training programs. 
(e) 
ELIGIBLE 
COMMUNITY 
IDENTIFICATION.—^The Secretary Regulations, 
through regulation shall define the criteria necessary to qualify 
as an eligible community as defined in subsection (1)(3). 
(f) GRANT ELIGIBILITY.—^To be eligible to receive a grant under 
this section, a local entity shall— 
(1) identify an eligible community to be assisted; 
(2) develop a community planning process that includes— 
(A) parents and family members; 
(B) local school officials; 
(C) teachers employed at schools within the eligible 
community; 
(D) public housing resident organization members, 
where applicable; and 
(E) public and private nonprofit organizations that pro-
vide education, child protective services, or other human 
services to low-income, at-risk children and their families; 
and 
(3) develop a concentrated strategy for implementation of 
the community planning process developed under paragraph 
(2) that targets clusters of at-risk children in the eligible 
community. 
(g) APPLICATIONS.— 
(1) APPLICATION REQUIRED.—TO be eligible to receive a 
grant under this section, a local entity shall submit an applica-
tion to the Secretary at such time, in such manner, and accom-
panied by such information, as the Secretary may reasonably 
require, and obtain approval of such application. 
(2) CONTENTS OF APPLICATION.—Each application submitted 
under paragraph (1) shall— 
(A) contain a comprehensive plan for the program that 
is designed to improve the academic and social development 
of at-risk children in schools in the eligible community; 
(B) provide evidence of support for accomplishing the 
objectives of such plan from— 
(i) community leaders; 
(ii) a school district; 
(iii) local officials; and 
(iv) other organizations that the local entity deter-
mines to be appropriate; 
(C) provide an assurance that the local entity will 
use grant funds received under this subsection to imple-
ment the program requirements listed in subsection (d); 
(D) include an estimate of the number of children 
in the eligible community expected to be served under 
the program; 
(E) provide an assurance that the local entity will 
comply with any evaluation requested under subsection 
(k), any research effort authorized under Federal law, and 
any investigation by the Secretary; 
108 STAT. 1854 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(F) provide an assurance that the local entity shall 
prepare and submit to the Secretary an annual report 
regarding any program conducted under this section; 
(G) provide an assurance that funds made available 
under this section shall be used to supplement, not sup-
plant, other Federal funds that would otherwise be avail-
able for activities funded under this section; and 
(H) provide an assurance that the local entity will 
maintain separate accounting records for the program. 
(3) PRIORITY.—In awarding grants to carry out programs 
under this section, the Secretary shall give priority to local 
entities which submit applications that demonstrate the great-
est effort in generating local support for the programs, 
(h) PEER REVIEW PANEL.— 
(1) ESTABLISHMENT.—The Secretary shall establish a peer 
review panel not to exceed 8 members that shall be comprised 
of individuals with demonstrated experience in designing and 
implementing programs to improve the academic and social 
development of at-risk children. 
(2) FUNCTIONS.—Such panel shall make recommendations 
to the Secretary regarding— 
(A) an illustrative model that effectively achieves the 
program requirements indicated in subsection (d) Eind a 
process whereby local entities can request such model; 
and 
(B) a design for the evaluation of programs assisted 
under this section. 
(i) INVESTIGATIONS AND INSPECTIONS.—The Secretary may con-
duct such investigations and inspections as may be necessary to 
ensure compliance with the provisions of this section. 
(j) FEDERAL SHARE.— 
(1) PAYMENTS.—The Secretary shall, subject to the avail-
ability of appropriations, pay to each local entity having an 
application approved under subsection (g) the Federal share 
of the costs of developing and carrying out programs referred 
to in subsection (d). 
(2) FEDERAL SHARE.—^The Federal share of such costs shall 
be 70 percent. 
(3) NON-FEDERAL SHARE.— 
(A) IN GENERAL.—^The non-Federal share of such costs 
may be in cash or in kind, fairly evaluated, including 
personnel, plant, equipment, and services. 
(B) SPECIAL RULE.—^Not less than 15 percent of the 
non-Federal share of such costs shall be provided from 
private or nonprofit sources. 
(k) EVALUATION.—^The Secretary shall require a thorough 
evaluation of the programs assisted under this section, which shall 
include an assessment of the academic and social achievement 
of children assisted with funds provided under this section. 
(1) DEFINITIONS.—For purposes of this section— 
(1) the term "Secretary" means the Secretary of the Depart-
ment of Education; 
(2) the term "local entity" means— 
(A) a local educational agency, or 
(B) a community-based organization as defined in sec-
tion 1471(3) of the Elementary and Secondary Education 
Act of 1965; 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1855 
(3) the term "eligible community means an area which 
meets criteria with respect to significant poverty and significant 
violent crime, and such additional criteria, as the Secretary 
may by regulation require; and 
(4) the term "public school" means an elementary school 
(as defined in section 1471(8) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 2891(8))) and a secondary 
school (as defined in section 1471(21) of that Act). 
SEC. 30403. AUTHORIZATION OP APPROPRIATIONS. 
(a) IN GENERAL.—^There are authorized to be appropriated to 
carry out this subtitle— 
(1) $37,000,000 for fiscal year 1995; 
(2) $103,500,000 for fiscal year 1996; 
(3) $121,500,000 for fiscal year 1997; 
(4) $153,000,000 for fiscal year 1998; 
(5) $193,500,000 for fiscal year 1999; and 
(6) $201,500,000 for fiscal year 2000. 
(b) PROGRAMS.—Of the amounts appropriated under subsection 
(a) for any fiscal year— 
(1) 70 percent shall be made available to carry out section 
30401; and 
(2) 30 percent shall be made available to carry out section 
30402. 
Subtitle G—^Assistance for Delinquent and 
At-Risk Youth 
42 use 13793. 
SEC. 30701. GRANT AUTHORITY. 
(a) GRANTS.— 
(1) IN GENERAL.—In order to prevent the commission of 
crimes or delinquent acts by juveniles, the Attorney CJeneral 
may make grants to public or private nonprofit organizations 
to support the development and operation of projects to provide 
residential services to youth, aged 11 to 19, who— 
(A) have dropped out of school; 
(B) have come into contact with the juvenile justice 
system; or 
(C) are at risk of dropping out of school or coming 
into contact with the juvenile justice system. 
(2) CONSULTATION WITH THE OUNCE OF PREVENTION COUN-
CIL.—^The Attorney General may consult with the Ounce of 
Prevention Council in making grants under paragraph (1). 
(3) 
SERVICES.—Such 
services 
shall 
include 
activities 
designed to— 
(A) increase the self-esteem of such youth; 
(B) assist such youth in making healthy and respon-
sible choices; 
(C) improve the academic performance of such youth 
pursuant to a plan jointly developed by the applicant and 
the school which each such youth attends or should attend; 
\ 
and 
\ 
(D) provide such youth with vocational and life skills. 
(b) APPLICATIONS.— 
( 
(1) IN GENERAL.—^A public agency or private nonprofit 
organization which desires a grant under this section shall 
42 use 13801. 
108 STAT. 1856 
PUBLIC LAW 103-322—SEPT. 13, 1994 
submit an application at such time and in such manner as 
the Attorney General may prescribe. 
(2) CONTENTS.—^An application under paragraph (1) shall 
include— 
(A) a description of the program developed by the 
applicant, including the activities to be offered; 
(B) a detailed discussion of how such program will 
prevent youth from committing crimes or delinquent acts; 
(C) evidence that such program— 
(i) will be carried out in facilities which meet 
applicable State and local laws with regard to safety; 
(ii) will include academic instruction, approved by 
the State, Indian tribal government, or local edu-
cational agency, which meets or exceeds State, Indian 
tribal government, and local standards and curricular 
requirements; and 
(iii) will include instructors and other personnel 
who possess such qualifications as may be required 
by applicable State or local laws; and 
(D) specific, measurable outcomes for youth served by 
the program. 
(c) CONSIDERATION OF APPLICATIONS.—^Not later than 60 days 
following the submission of applications, the Attorney General 
shall— 
(1) approve each application and disburse the funding for 
each such application; or 
(2) disapprove the application and inform the applicant 
of such disapproval and the reasons therefor. 
(d) REPORTS.—^A grantee under this section shall annually sub-
mit a report to the Attorney (General that describes the activities 
and accomplishments of such program, including the degree to 
which the specific youth outcomes are met. 
(e) DEFINITIONS.—In this subtitle— 
"Indian tribe" means a tribe, band, pueblo, nation, or other 
organized group or community of Indians, including Alaska 
Native village (as defined in or established under the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that 
is recognized as eligible for the special programs and services 
provided by the United States to Indians because of their 
status as Indians. 
"State" means a State, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States Virgin 
Islands, American Samoa, Guam, and the Northern Mariana 
Islands. 
42 use 13802. 
SEC. 30702. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for grants under sec-
tion 30701— 
(1) $5,400,000 for fiscal year 1996; 
(2) $6,300,000 for fiscal year 1997; 
(3) $7,200,000 for fiscal year 1998; 
(4) $8,100,000 for fiscal year 1999; and 
(5) $9,000,000 for fiscal year 2000. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1857 
Subtitle H—Police Recruitment 
SEC. 30801. GRANT AUTHORITY. 
42 USC 13811. 
(a) GRANTS.— 
(1) IN GENERAL.—^The Attorney Greneral may make grants 
to qualified community organizations to assist in meeting the 
costs of qualified programs which are designed to recruit and 
retain applicants to police departments. 
(2) CONSULTATION WITH THE OUNCE OF PREVENTION COUN-
CIL.—^The Attorney Greneral may consult with the Ounce of 
Prevention Council in making grants under paragraph (1). 
(b) QUALIFIED COMMUNITY ORGANIZATIONS.—An organization 
is a qualified community organization which is eligible to receive 
a grant under subsection (a) if the organization— 
(1) is a nonprofit organization; and 
(2) has training and experience in— 
(A) working with a police department and with teach-
ers, counselors, and similar personnel, 
(B) providing services to the community in which the 
organization is located, 
(C) developing and managing services £ind techniques 
to recruit individuals to become members of a police depart-
ment and to assist such individuals in meeting the member-
ship requirements of police departments, 
(D) developing and managing services and techniques 
to assist in the retention of applicants to police depart-
ments, and 
(E) developing other programs that contribute to the 
community. 
(c) QUALIFIED PROGRAMS.—^A program is a qualified program 
for which a grant may be made under subsection (a) if the program 
is designed to recruit and train individuals from underrepresented 
neighborhoods and localities and if— 
(1) the overall design of the program is to recruit and 
retain applicants to a police department; 
(2) the program provides recruiting services which include 
tutorial programs to enable individuals to meet police force 
academic requirements and to pass entrance examinations; 
(3) the program provides counseling to applicants to police 
departments who may encounter problems throughout the 
application process; and 
(4) the program provides retention services to assist in 
retaining individuals to stay in the application process of a 
police department. 
(d) APPLICATIONS.—^To qualify for a grant under subsection 
(a), a qualified organization shall submit an application to the 
Attorney Greneral in such form as the Attorney General may pre-
scribe. Such application shall— 
(1) include documentation from the applicant showing— 
(A) the need for the grant; 
(B) the intended use of grant funds; 
(C) expected results from the use of grant funds; and 
(D) demographic characteristics of the population to 
be served, including age, disability, race, ethnicity, and 
languages used; and 
108 STAT. 1858 
PUBLIC LAW 103-322—SEPT. 13, 1994 
Regulations. 
42 use 13812. 
(2) contain assurances satisfactory to the Attorney General 
that the program for which a grant is made will meet the 
applicable requirements of the program guidelines prescribed 
by the Attorney (General under subsection (i). 
(e) ACTION BY THE ATTORNEY GENERAL.—^Not later than 60 
days after the date that an application for a grant under subsection 
(a) is received, the Attorney General shall consult with the police 
department which will be involved with the applicant and shall— 
(1) approve the application and disburse the grant funds 
applied for; or 
(2) disapprove the application and inform the applicant 
that the application is not approved and provide the applicant 
with the reasons for the disapproval. 
(f) GRANT DISBURSEMENT.—The Attorney General shall dis-
burse funds under a grant under subsection (a) in accordance with 
regulations of the Attorney General which shall ensure— 
(1) priority is given to applications for areas and organiza-
tions with the greatest showing of need; 
(2) that grant funds are equitably distributed on a 
geographic basis; and 
(3) the needs of underserved populations are recognized 
and addressed. 
(g) GRANT PERIOD.—A grant under subsection (a) shall be made 
for a period not longer than 3 years. 
(h) GRANTEE REPORTING.—(1) For each year of a grant period 
for a grant under subsection (a), the recipient of the grant shall 
file a performance report with the Attorney Greneral explaining 
the activities carried out with the funds received and assessing 
the effectiveness of such activities in meeting the purpose of the 
recipient's qualified program. 
(2) If there was more than one recipient of a grant, each 
recipient shall file such report. 
(3) The Attorney General shall suspend the funding of a grant, 
pending compliance, if the recipient of the grant does not file 
the report required by this subsection or uses the grant for a 
purpose not authorized by this section. 
(i) GUIDELINES,—^The Attorney General shall, by regulation, 
prescribe guidelines on content and results for programs receiving 
a grant under subsection (a). Such guidelines shall be designed 
to establish programs which will be effective in training individuals 
to enter instructional programs for police departments and shall 
include requirements for— 
(1) individuals providing recruiting services; 
(2) individuals providing tutorials and other academic 
assistance programs; 
(3) individuals providing retention services; and 
(4) the content and duration of recruitment, retention, and 
counseling programs and the means and devices used to pub-
licize such programs. 
SEC. 30802. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for grants under sec-
tion 30801— 
(1) $2,000,000 for fiscal year 1996; 
(2) $4,000,000 for fiscal year 1997; 
(3) $5,000,000 for fiscal year 1998; 
(4) $6,000,000 for fiscal year 1999; and 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1859 
(5) $7,000,000 for fiscal year 2000. 
Subtitle J—^Local Partnership Act 
SEC. 31001. ESTABLISHMENT OF PAYMENT PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—Title 31, United States Code, 
is amended by inserting after chapter 65 the following new chapter: 
"CHAPTER 
67—FEDERAL 
PAYMENTS 
"Sec. 
"670 L Payments to local governments. 
"6702. Local Govenunent Fiscal Assistance Fund. 
"6703. Qualification for payment. 
"6704. State area allocations; allocations and payments to territorial governments. 
"6705. Local government allocations. 
"6706. Income gap multiplier. 
"6707. State variation of local government allocations. 
"6708. Adjustments of local government allocations. 
"6709. Information used in allocation formulas. 
"6710. Public participation. 
"6711. Prohibited discrimination. 
"6712. Discrimination proceedings. 
"6713. Suspension and termination of payments in discrimination proceedings. 
"6714. Compliance agreements. 
"6715. Enforcement by the Attorney General of prohibitions on discrimination. 
"6716. Civil action by a person adversely EifTected. 
"6717. Judicial review. 
"6718. Investigations and reviews. 
"6719. Reports. 
"6720. Definitions, application, and administration. 
*
*
§ 6701. Payments to local governments 
"(a) PAYMENT AND USE.— 
"(1) PAYMENT.—^The Secretary shall pay to each unit of 
general local government which qualifies for a payment under 
this chapter an amount equal to the sum of any amounts 
allocated to the government under this chapter for each pay-
ment period. The Secretary shall pay such amount out of the 
Local Grovemment Fiscal Assistance Fund under section 6702. 
"(2) USE.—^Amounts paid to a unit of general local govern-
ment under this section shall be used by that unit for carrying 
out one or more programs of the unit related to— 
"(A) education to prevent crime; 
"(B) substance abuse treatment to prevent crime; or 
"(C) job programs to prevent crime. 
"(3) COORDINATION.—^Programs funded under this title shall 
be coordinated with other existing Federal programs to meet 
the overall needs of communities that benefit from funds 
received under this section. 
"(b) TIMING OF PAYMENTS.—The Secretary shall pay each 
amount allocated under this chapter to a unit of general local 
government for a payment period by the later of 90 days sifter 
the date the amount is available or the first day of the payment 
period provided that the unit of general local government has 
provided the Secretary with the assurances required by section 
6703(d). 
"(c) ADJUSTMENTS.— 
"(1) IN GENERAL.—Subject to paragraph (2), the Secretary 
shall adjust a payment under this chapter to a unit of general 
local government to the extent that a prior payment to the 
108 STAT. 1860 
PUBLIC LAW 103-322—SEPT. 13, 1994 
government was more or less than the amount required to 
be paid. 
. "(2) CONSIDERATIONS.—The Secretary may increase or 
decrease under this subsection a payment to a unit of local 
government only if the Secretary determines the need for the 
increase or decrease, or the unit requests the increase or 
decrease, within one year after the end of the payment period 
for which the payment was made. 
"(d) RESERVATION FOR ADJUSTMENTS.—^The Secretary may 
reserve a percentage of not more than 2 percent of the amount 
under this section for a payment period for £dl units of general 
local government in a State if the Secretary considers the reserve 
is necessary to ensure the availability of sufficient amounts to 
pay adjustments after the final allocation of amounts among the 
units of general local government in the State. 
"(e) REPAYMENT OF UNEXPENDED AMOUNTS.— 
"(1) REPAYMENT REQUIRED.—^A unit of general local govern-
ment shall repay to the Secretary, by not later than 15 months 
after receipt from the Secretary, any amount that is— 
"(A) paid to the unit from amounts appropriated under 
the authority of this section; and 
"(B) not expended by the unit within one year after 
receipt from the Secretary. 
"(2) PENALTY FOR FAILURE TO REPAY.—If the amount 
required to be repaid is not repaid, the Secretary shall reduce 
pajmtients in future pa3anent periods accordingly. 
"(3) DEPOSIT OF AMOUNTS REPAID.—Amounts received by 
the Secretary as repajonents under this subsection shall be 
deposited in the Local Government Fiscal Assistsmce Fund 
for future pa5rments to units of general local government. 
"(f) EXPENDITURE WITH DISADVANTAGED BUSINESS ENTER-
PRISES.— 
"(1) GENERAL RULE.—Of amounts paid to a unit of general 
local government under this chapter for a payment period, 
not less than 10 percent of the total combined amounts obli-
gated by the unit for contracts and subcontracts shall be 
expended with— 
"(A) small business concerns controlled by socially and 
economically disadvantaged individuals and women; and 
"(B) historically Black colleges and universities and 
colleges and universities having a student body in which 
more than 20 percent of the students are Hispanic Ameri-
cans or Native Americans. 
"(2) EXCEPTION.—Paragraph (1) shall not apply to amounts 
paid to a unit of general local government to the extent the 
unit determines that the paragraph does not apply through 
a process that provides for public participation. 
"(3) DEFINITIONS.—For purposes of this subsection— 
"(A) the term 'small business concern' has the meaning 
such term has under section 3 of the Small Business Act; 
and 
"(B) the term 'socially and economically disadvantaged 
individuals' has the meaning such term has under section 
8(d) of the Small Business Act and relevant subcontracting 
regulations promulgated pursuant to that section. 
"(g) NONSUPPLANTING REQUIREMENT.— 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1861 
"(1) IN GENERAL.—Funds made available under this chapter 
to units of local government shall not be used to supplant 
State or local funds, but will be used to increase the amount 
of funds that would, in the absence of funds under this chapter, 
be made available from State or local sources. 
"(2) BASE LEVEL AMOUNT.—^The total level of funding avail-
able to a unit of local government for accounts serving eligible 
purposes under this chapter in the fiscal year immediately 
preceding receipt of a grant under this chapter shall be des-
ignated the *base level account' for the fiscal year in which 
a grant is received. Grants under this chapter in a given 
fiscal year shall be reduced on a dollar for dollar basis to 
the extent that a unit of local government reduces its base 
level account in that fiscal year. 
*
*
§ 6702. Local Government Fiscal Assistance Fund 
"(a) ADMINISTRATION OF FUND.—The Department of the Treas-
ury has a Local Grovemment Fiscal Assistance Fund, which consists 
of amounts appropriated to the Fund. 
"(b) AUTHORIZATION OF AppROPRL\TiONS.^There are authorized 
to be appropriated to the Fund— 
"(1) $270,000,000 for fiscal year 1996; 
"(2) $283,500,000 for fiscal year 1997; 
"(3) $355,500,000 for fiscal year 1998; 
"(4) $355,500,000 for fiscal year 1999; and 
"(5) $355,500,000 for fiscal year 2000. 
Such sums are to remain available until expended. 
"(c) ADMINISTRATIVE COSTS.—Up to 2.5 percent of the amount 
authorized to be appropriated under subsection (b) is authorized 
to be appropriated for the period fiscal year 1995 through fiscal 
year 2000 to be available for administrative costs by the Secretary 
in furtherance of the purposes of the program. Such sums are 
to remain available until expended. 
"§ 6703. QualiHcation for payment 
"(a) IN GENERAL.—^The Secretary shall issue regulations 
establishing procedures under which eligible units of general local 
government are required to provide notice to the Secretary of the 
units' proposed use of assistance under this chapter. Subject to 
subsection (c), the assistance provided shall be used, in amounts 
determined by the unit, for activities under, or for activities that 
are substantially similar to an activity under, 1 or more of the 
following programs and the notice shall identify 1 or more of the 
following programs for each such use: 
"(1) The Drug Abuse Resistance Education Program under 
section 5122 of the Elementary and Secondary Education Act 
of 1965. 
"(2) The National Youth Sports Program under section 
682 of the Community Services Block Grant Act (Public Law 
97-35) as amended by section 205, Public Law 103-252. 
"(3) The Gang Resistance Education and Training Program 
under the Act entitled 'An Act making appropriations for the 
Treasury Department, the United States Postal Service, the 
Executive Office of the President, and certain Independent 
Agencies, for the fiscal year ending September 30, 1991, and 
for other purposes', approved November 5, 1990 (Public Law 
101-509). 
108 STAT. 1862 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(4) Programs under title II or IV of the Job Training 
Partnership Act (29 U.S.C. 1601 et seq.). 
/ 
"(5) Programs under subtitle C of title I of the National 
and Community Service Act of 1990 (42 U.S.C. 12571 et seq.), 
as amended. 
"(6) Programs under the School to Work Opportunities 
Act (Public Law 103-239). 
"(7) Substance Abuse Treatment and Prevention programs 
authorized under title V or XIX of the Public Health Services 
Act (43 U.S.C. 201 et seq.). 
"(8) Programs under the Head Start Act (42 U.S.C. 9831 
et seq.). 
"(9) Programs under part A or B of chapter 1 of title 
I of the Elementary and Secondary Education Act of 1965. 
"(10) The TRIO programs under part A of title IV of the 
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). 
"(11) Programs under the National Literacy Act of 1991. 
"(12) Programs under the Carl Perkins Vocational Edu-
cational and Applied Technology Education Act (20 U.S.C. 2301 
et seq.). 
"(13) The demonstration partnership programs including 
the community initiative targeted to minority youth under sec-
tion 203 of the Human Services Reauthorization Act of 1994 
(PubHc Law 103-252). 
"(14) The runaway and homeless youth program and the 
transitional living program for homeless youth under title III 
of the Juvenile Justice and Delinquency Prevention Act (Public 
Law 102-586). 
"(15) The family support program under subtitle F of title 
VII of the Stewart B, McKinney Homeless Assistance Act (42 
U.S.C. 1148 et seq.). 
"(16) After-school activities for school aged children under 
the Child Care and Development Block Grant Act (42 U.S.C. 
9858 et seq.). 
"(17) The community-based family resource programs under 
section 401 of the Human Services Reauthorization Act of 1994 
(Public Law 103-252). 
"(18) The family violence programs under the Child Abuse 
Prevention and Treatment Act Amendments of 1984. 
"(19) Job training programs administered by the Depart-
ment of Agriculture, the Department of Defense, or the Depart-
ment of Housing and Urban Development. 
"(b) NOTICE TO AGENCY.—^Upon receipt of notice under sub-
section (a) from an eligible unit of general local government, the 
Secretary shall notify the head of the appropriate Federal agency 
for each program listed in subsection (a) that is identified in the 
notice as a program under which an activity will be conducted 
with assistance under this chapter. The notification shall state 
that the unit has elected to use some or all of its assistance 
under this chapter for activities under that program. The head 
of a Federal agency that receives such a notification shall ensure 
that such use is in compliance with the laws and regulations 
applicable to that program, except that any requirement to provide 
matching funds shall not apply to that use. 
"(c) ALTERNATIVE USES OF FUNDS.— 
"(1) ALTERNATIVE USES AUTHORIZED.—In lieu of, or in addi-
tion to, use for an activity described in subsection (a) and 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1863 
notice for that use under subsection (a), an eligible unit of 
general local government may use assistance under this chap-
ter, and shall provide notice of that use to the Secretary under 
subsection (a), for any other activity that is consistent with 
1 or more of the purposes described in section 6701(a)(2). 
"(2) NOTICE DEEMED TO DESCRIBE CONSISTENT USE.—^Notice 
by a unit of general local government that it intends to use 
assistance under this chapter for an activity other than an 
activity described in subsection (a) is deemed to describe an 
activity that is consistent with 1 or more of the purposes 
described in section 6701(a)(2) unless the Secretary provides 
to the unit, within 30 days after receipt of that notice of 
intent from the unit, written notice (including an explanation) 
that the use is not consistent with those purposes. 
"(d) GENERAL REQUIREMENTS FOR QUALIFICATION.—A unit of 
general local government qualifies for a pajmient under this chapter 
for a payment period only after establishing to the satisfaction 
of the Secretary that— 
"(1) the government will establish a trust fund in which 
the government will deposit all payments received under this 
chapter; 
"(2) the government will use amounts in the trust fund 
(including interest) during a reasonable period; 
"(3) the government will expend the payments so received, 
in accordance with the laws and procedures that are applicable 
to the expenditure of revenues of the government; 
"(4) if at least 25 percent of the pay of individuals employed 
by the government in a public employee occupation is paid 
out of the trust fund, individuals in the occupation any part 
of whose pay is paid out of the trust fund will receive pay 
at least equal to the prevailing rate of pay for individuals 
employed in similar public employee occupations by the 
government; 
"(5) all laborers and mechanics employed by contractors 
or subcontractors in the perfoiinance of any contract and sub-
contract for the repair, renovation, alteration, or construction, 
including painting and decorating, of any building or work 
that is financed in whole or in part by a grant under this 
title, shall be paid wages not less than those determined by 
the Secretary of Labor in accordance with the Act of March 
3, 1931 (commonly known as the Davis-Bacon Act); as amended 
(40 U.S.C. 276a-276a-5). The Secretary of Labor shall have 
the authority and functions set forth in Reorganization Plan 
No. 14 of 1950 (15 FR 3176; 64 Stat. 1267) and section 2 
of the Act of June 1, 1934 (commonly known as the Copeland 
Anti-Kickback Act), as amended (40 U.S.C. 276c, 48 Stat. 948); 
"(6) the government will use accounting, audit, and fiscal 
procedures that conform to guidelines which shall be prescribed 
by the Secretary after consultation with the Comptroller Gen-
eral of the United States. As applicable, amounts received 
under this chapter shall be audited in compliance with the 
Single Audit Act of 1984; 
"(7) after reasonable notice to the government, the govern- Recordls. 
ment will make available to the Secretary and the Comptroller 
General of the United States, with the right to inspect, records 
the Secretary reasonably requires to review compliance with 
this chapter or the Comptroller General of the United States 
108 STAT. 1864 
PUBLIC LAW 103-322—SEPT. 13, 1994 
reasonably requires to review compliance and operations under 
section 6718(b); 
Reports. 
"(8) the government will make reports the Secretary reason-
ably requires, in addition to the annual reports required under 
section 6719(b); and 
"(9) the government will spend the funds only for the 
purposes set forth in section 6701(a)(2). 
"(e) REVIEW BY GOVERNORS.—A unit of general local govern-
ment shall give the chief executive officer of the State in which 
the government is located an opportunity for review and comment 
before establishing compliance with subsection (d). 
"(f) SANCTIONS FOR NONCOMPLIANCE.— 
"(1) IN GENERAL.—If the Secretary decides that a unit 
of general local government has not complied substantially 
with subsection (d) or regulations prescribed under subsection 
(d), the Secretary shall notify the government. The notice shall 
state that if the government does not take corrective action 
by the 60th day after the date the government receives the 
notice, the Secretary will withhold additional payments to the 
government for the current payment period and later payment 
periods until the Secretary is satisfied that the government— 
"(A) has taken the appropriate corrective action; and 
"(B) will comply with subsection (d) and regulations 
prescribed under subsection (d). 
"(2) NOTICE.—Before giving notice under paragraph (1), 
the Secretary shall give the chief executive officer of the unit 
of general local government reasonable notice and an oppor-
tunity for comment. 
"(3) PAYMENT CONDITIONS.—The Secretary may make a 
payment to a unit of general local government notified under 
paragraph (1) only if the Secretary is satisfied that the 
government— 
"(A) has taken the appropriate corrective action; and 
"(B) will comply with subsection (d) and regulations 
prescribed under subsection (d). 
'^§6704. State area allocations; allocations and payments to 
territorial governments 
"(a) FORMULA ALLOCATION BY STATE.—For each payment 
period, the Secretary shall allocate to each State out of the amount 
appropriated for the period under the authority of section 6702(b) 
(minus the amounts allocated to territorial governments under sub-
section (e) for the payment period) an amount bearing the same 
ratio to the amount appropriated (minus such amounts allocated 
under subsection (e)) as the amount allocated to the State under 
this section bears to the total amount allocated to all States under 
this section. The Secretary shall— 
"(1) determine the amount allocated to the State under 
subsection (b) or (c) of this section and allocate the larger 
amount to the State; and 
"(2) allocate the amount allocated to the State to units 
of general local government in the State under sections 6705 
and 6706. 
"(b) GENERAL FORMULA.— 
"(1) IN GENERAL.—For the payment period beginning Octo-
ber 1, 1994, the amount allocated to a State under this sub-
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1865 
section for a payment period is the amount bearing the same 
ratio to $5,300,000,000 as— 
"(A) the population of the State, multiplied by the 
general tax effort factor of the State (determined under 
paragraph (2)), multiplied by the relative income factor 
of the State (determined under paragraph (3)), multiplied 
by the relative rate of the labor force unemployed in the 
State (determined under paragraph (4)); bears to 
"(B) the sum of the products determined 
under 
subparagraph (A) of this paragraph for all States. 
"(2) GENERAL TAX EFFORT FACTOR.—The general tax effort 
factor of a State for a pajonent period is— 
"(A) the net amount of State and local taxes of the 
State collected during the year 1991 as reported by the 
Bureau of the Census in the publication Grovernment 
Finances 1990-1991; divided by 
"(B) the total income of individuals, as determined 
by the Secretary of Commerce for national accounts pur-
poses for 1992 as reported in the publication Survey of 
Current Business (August 1993), attributed to the State 
for the same year. 
"(3) RELATIVE INCOME FACTOR.—^The relative income factor 
of a State is a fraction in which— 
"(A) the numerator is the per capita income of the 
United States; and 
"(B) the denominator is the per capita income of the 
State. 
"(4) RELATIVE RATE OF LABOR FORCE.—The relative rate 
of the labor force unemployed in a State is a fraction in which— 
"(A) the numerator is the percentage of the labor force 
of the State that is unemployed in the calendar year preced-
ing the payment period (as determined by the Secretary 
of Labor for general statistical purposes); and 
"(B) the denominator is the percentage of the labor 
force of the United States that is unemployed in the cal-
endar year preceding the payment period (as determined 
by the Secretary of Labor for general statistical purposes). 
"(c) ALTERNATIVE FORMULA.—For the payment period beginning 
October 1, 1994, the amount allocated to a State under this sub-
section for a payment period is the total amount the State would 
receive if— 
"(1) $1,166,666,667 were allocated among the States on 
the basis of population by allocating to each State an amount 
bearing the same ratio to the total amount to be allocated 
under this paragraph as the population of the State bears 
to the population of all States; 
"(2) $1,166,666,667 were allocated among the States on 
the basis of population inversely weighted for per capita income, 
by allocating to each State an amount bearing the same ratio 
to the total amount to be allocated under this paragraph as— 
"(A) the population of the State, multiplied by a frac-
tion in which— 
"(i) the numerator is the per capita income of 
all States; and 
"(ii) the denominator is the per capita income of 
the State; bears to 
108 STAT. 1866 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(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 allocating 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 allocating to each State an amount 
bearing the same ratio to the total amount to be allocated 
under this paragraph 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, multiplied by a fraction 
in which:— 
"(i) the numerator is the percentage of the labor 
force of the State that is unemployed in the calendar 
year preceding the payment period (as determined by 
the Secretary of Labor for general statistical purposes); 
and 
"(ii) the denominator is the percentage of the labor 
force of the United States that is unemployed in the 
calendar year preceding the pajnnent period (as deter-
mined 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 allocating 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 set-
tled area for the city or cities considered as an urbanized 
area as published by the Bureau of the Census for 1990 in 
the publication General Population Characteristics for Urban-
ized Areas. 
"(d) INCOME TAX AMOUNT AND TAX EFFORT AMOUNT.— 
"(1) INCOME TAX AMOUNT.—^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 income 
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 pay-
ment period shall be at least 1 percent but not more than 
6 percent of the United States Government individual income 
tax liability attributed to the State for the taxable year ending 
during the last calendar year ending before the beginning of 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1867 
the payment period. The Secretary shall determine the Grovern-
ment income tax liability attributed to the State by using 
the data published by the Secretary for 1991 in the publication 
Statistics of Income Bulletin (Winter 1993-1994). 
"(2) GENERAL TAX EFFORT AMOUNT.—The general tax effort 
amount of a State for a pajmtient period is the amount deter-
mined by multiplying— 
"(A) the net amount of State and local taxes of the 
State collected during the year 1991 as reported in the 
Bureau of Census in the publication Government Finances 
1990-1991; and 
"(B) the general tax effort factor of the State deter-
mined under subsection (b)(2). 
"(e) ALLOCATION FOR PUERTO RICO, GUAM, AMERICAN SAMOA, 
AND THE VIRGIN ISLANDS.— 
"(1) IN GENERAL.—(A) For each payment period for which 
funds are available for allocation under this chapter, the Sec-
retary shall allocate to each territorial government an amount 
equal to the product of 1 percent of the amount of funds 
available for allocation multiplied by the applicable territorial 
percentage. 
"(B) For the purposes of this paragraph, the applicable 
territorial percentage of a territory is equal to the quotient 
resulting from the division of the territorial population of such 
territory by the sum of the territorial population for all terri-
tories. 
"(2) PAYMENTS TO LOCAL GOVERNMENTS.—The governments 
of the territories shall make payments to local governments 
within their jurisdiction from sums received under this sub-
section as they consider appropriate. 
"(3) DEFINITIONS.—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 territory as determined by the 
Bureau of Census. 
^'§ 6705. Local government allocations 
"(a) INDIAN TRIBES AND ALASKAN NATIVES VILLAGES.—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 Secretary 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 Alaskan native villages 
in a State before allocating amounts to units of general local govern-
ment in the State under subsection (c). For the payment period 
beginning October 1, 1994, the Secretary shall use as the population 
of each Indian tribe or Alaskan native village the population for 
1991 as reported by the Bureau of Indian Affairs in the publication 
Indian Service Population and Labor Force Estimates (January 
1991). In addition to uses authorized under section 6701(a)(2), 
amounts allocated under this subsection and paid to an Indian 
108 STAT. 1868 
PUBLIC LAW 103-322—SEPT. 13, 1994 
tribe or Alaskan native village under this chapter may be used 
for renovating or building prisons or other correctional facilities. 
"(b) NEWLY INCORPORATED LOCAL GOVERNMENTS AND ANNEXED 
GOVERNMENTS.—If there is in a State a unit of general local govern-
ment that has been incorporated since the date of the collection 
of the data used by the Secretary in making allocations pursuant 
to sections 6704 through 6706 and 6708, the Secretary shall allocate 
to this newly incorporated local government, 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 newly incorporated local government bears to the population 
of the State. If there is in the State a unit of general local govern-
ment that has been annexed since the date of the collection of 
the data used by the Secretary in making allocations pursuant 
to sections 6704 through 6706 and 6708, the Secretary shall pay 
the amount that would have been allocated to this local government 
to the unit of general local government that annexed it. 
"(c) OTHER LOCAL GOVERNMENT ALLOCATIONS.— 
"(1) IN GENERAL.—^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 allo-
cated, the Secretary shall allocate a portion equal to Vi of 
such amount in accordance with section 6706(1), and shall 
allocate a portion equal to V
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) RATIO.—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) GENERAL TAX EFFORT FACTOR.—(A) Except as provided 
in subparagraph (C), the general tax effort factor of a unit 
of general local government 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) £ind (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 subparagraph, 
for the payment period beginning October 1, 1994, the adjusted 
taxes of a unit of general local government are the taxes 
imposed by the unit for public purposes (except employee and 
employer assessments and contributions to finance retirement 
and social insurance systems and other special assessments 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1869 
for capital outlay), as determined by the Bureau of the Census 
for the 1987 Census of Governments and adjusted as follows: 
"(I) Adjusted taxes equals total taxes times a fraction 
in which the numerator is the sum of unrestricted revenues 
and revenues dedicated for spending on education minus 
total education spending and the denominator is total unre-
stricted revenues. 
"(11) Total taxes is the sum of property tax; general 
sales tax; alcoholic beverage tax; amusement tax; insurance 
premium tax; motor fuels tax; parimutuels tax; public utili-
ties tax; tobacco tax; other selective sales tax; alcoholic 
beverage 
licenses, 
amusement 
licenses; 
corporation 
licenses, hunting and fishing licenses; motor vehicle 
licenses; motor vehicle operator licenses; public utility 
licenses; occupation and business licenses, not elsewhere 
classified; other licenses, individual income tax; corporation 
net income tax; death and gift tax; documentary and stock 
transfer tax; severance tax; and taxes not elsewhere classi-
fied. 
"(Ill) Unrestricted revenues is the sum of total taxes 
and intergovernmental revenue from Federal Government, 
general revenue sharing; intergovernmental revenue from 
Federal Government, other general support; intergovern-
mental revenue from Federal Grovernment, other; intergov-
ernmental revenue from State government, other general 
support; intergovernmental revenue from State govern-
ment, other; intergovernmental revenue from local govern-
ments, other general support; intergovernmental revenue 
from local governments, other; miscellaneous general reve-
nue, property sale-housing and community development; 
miscellaneous general revenue, property sale-other prop-
erty; miscellaneous general revenue, interest earnings on 
investments; miscellaneous general revenue, fines and for-
feits; miscellaneous general revenue, rents; miscellaneous 
general revenues, royalties; miscellaneous general revenue, 
donations from private sources; miscellaneous general reve-
nue, net lottery revenue (after prizes and administrative 
expenses); miscellaneous general revenue, other miscellane-
ous general revenue; and all other general charges, not 
elsewhere classified. 
"(IV) Revenues dedicated for spending on education 
is the sum of elementary and secondary education, school 
lunch; elementary 
and 
secondary education, 
tuition; 
elementary and secondary education, other; higher edu-
cation, auxiliary enterprises; higher education, other; other 
education, not elsewhere classified; intergovernmental reve-
nue from Federal Government, education; intergovern-
mental revenue from State government, education; inter-
governmental revenue from local governments, interschool 
system revenue; intergovernmental revenue from local 
governments, education; interest earnings, higher edu-
cation; interest earnings, elementary and secondary edu-
cation; miscellaneous revenues, higher education; and mis-
cellaneous revenues, elementary and secondary education. 
"(V) Total education spending is the sum of elementary 
and secondary education, current operations; elementary 
and secondary education, construction; elementary and 
108 STAT. 1870 
PUBLIC LAW 103-322—SEPT. 13, 1994 
secondary education, other capital outlays; elementary and 
secondary education, to State governments; elementary and 
secondary education, to local governments, not elsewhere 
classified; elementary and secondary education, to counties; 
elementary and secondary education, to municipalities; 
elementary 
and 
secondary 
education, 
to 
townships; 
elementary and secondary education, to school districts; 
elementary and secondary education, to special districts; 
higher education-auxiliary enterprises, current operations; 
higher education-auxiliary enterprises, construction; higher 
education, auxiliary enterprises, other capital outlays; other 
higher education, current operations; other higher edu-
cation, construction; other higher education, other capital 
outlays; other higher education, to State government; other 
higher education, to local governments, not elsewhere 
classified; other higher education, to counties; other higher 
education, to municipalities; other higher education, to 
townships; other higher education, to school districts; other 
higher education, to special districts; education assistance 
and subsidies; education, not elsewhere classified, current 
operations; education, not elsewhere classified, construction 
education, not elsewhere classified, other capital outlays; 
education, not elsewhere classified, to State government; 
education, not elsewhere classified, to local governments, 
not elsewhere classified; education, not elsewhere classified, 
to counties; education, not elsewhere classified, to munici-
palities; education, not elsewhere classified, to townships; 
education, not elsewhere classified, to school districts; edu-
cation, not elsewhere classified, to special districts; and 
education, not elsewhere classified, to Federal Government. 
"(VI) If the amount of adjusted taxes is less than 
zero, the amount of adjusted tax shall be deemed to be 
zero. 
"(VII) If the amount of adjusted taxes exceeds the 
amount of total taxes, the amount of adjusted taxes is 
deemed to equal the amount of total taxes. 
"(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 govern-
ment without specifying the purpose for which the unit 
of general local government may expend the revenue; and 
"(II) the chief executive officer of the State notifies 
the Secretary that the taxes satisfy the requirements of 
this clause. 
"(iii) The adjusted taxes of a unit of general local govern-
ment shall not exceed the maximum allowable adjusted taxes 
for that unit. 
"(iv) The maximum allowable adjusted taxes for a unit 
of general local government is the allowable adjusted taxes 
of the unit minus the excess adjusted taxes of the unit. 
"(v) The allowable adjusted taxes of a unit of genergd 
government is the greater of— 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1871 
"(I) the amount equal to 2.5, multiplied by the per 
capita adjusted taxes of all units of general local govern-
ment of the same t3T)e 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 t3rpe' means the 
sum of the adjusted taxes of all units of general local 
government of the same type divided by the sum of the 
populations of all units of general local government of 
the same type; and 
"(II) the term 'units of general local government of 
the same tjrpe' means all townships if the unit of general 
local government is a township, all municipalities if the 
unit of genergJ local government is a municipality, all 
counties if the unit of general local government is a county, 
or all unified city/county governments if the unit of general 
local government is a unified city/county government. 
"(4) INCOME GAP.—(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. 
"(d) 
SMALL GovEiusfMENT ALLOCATIONS.—If the 
Secretary 
decides that information available for a unit of general local govern-
ment with a population below a number (of not more than 500) 
prescribed by the Secretary is inadequate, the Secretary may allo-
cate to the unit, in lieu of any allocation under subsection (b) 
for a pajmtient 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 £is the popu-
lation 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 V2 of any amount allocated under 
section 6704 to the State in which the unit is located; and 
108 STAT. 1872 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(2) 1.2, with respect to the remainder of such amount. 
*
*
§ 6707. State variation of local government allocations 
"(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 determined under sections 6705 (a) and 
(b) or a combination of those factors. A State government providing 
for a variation of an allocation formula provided under sections 
6705 (a) and (b) shall notify the Secretary of the variation by 
the Both day before the beginning of the first pa3mtient period 
in which the variation applies. A variation shall— 
"(1) provide for allocating the total amount allocated under 
sections 6705 (a) and (b); and 
"(2) apply uniformly in the State. 
"(b) CERTIFICATION.—^A variation by a State government 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 tsixes shall be paid to the Governor of the State in which 
the unit of local government is located. 
"(b) D E MINIMIS ALLOCATIONS TO UNITS OF GENERAL LOCAL 
GrOVERNMENT.—If the amount allocated 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 sub-
section or is waived by the governing authority of the unit of 
general local government, the Secretary shall pay the amount to 
the Grovemor 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 genersd local government 
with respect to which amounts are paid under subsection (b). 
"(d) D E MINIMIS ALLOCATIONS TO INDIAN TRIBES AND ALASKAN 
NATIVE VILLAGES.— 
"(1) AGGREGATION OF DE MINIMIS ALLOCATIONS.—If the 
amount allocated to 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 chief elected official 
of the tribe or village, the amount— 
"(A) shall not be paid to the tribe or village (except 
under paragraph (2)); and 
"(B) shall be aggregated with other such amounts and 
available for use by the Attorney 
General 
under 
paragraph (2). 
"(2) USE OF AGGREGATED AMOUNTS.—^Amounts aggregated 
under paragraph (1) for a payment period shall be available 
for use by the Attorney Greneral to make grants in the pajmaent 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1873 
period on a competitive basis to Indian Tribes and Alaskan 
native village for— 
"(A) programs described in section 6701(a)(2); or 
"(B) renovating or building prisons or other correctional 
facilities. 
*
*
§ 6709. Information used in allocation formulas 
"(a) POPULATION DATA FOR PAYMENT PERIOD BEGINNING OCTO-
BER 1, 1994.—For the payment period beginning October 1, 1994, 
the Secretary, in making allocations pursuant to sections 6704 
through 6706 and 6708, shall use for the population of the States 
the population for 1992 as reported by the Bureau of the Census 
in the publication Current Population Reports, Series P-25, No. 
1045 (July 1992) and for the population of units of general local 
government the Secretary shall use the population for 1990 as 
reported by the Bureau of the Census in the publication Summary 
Social, Economic, and Housing Characteristics. 
"(b) DATA FOR PAYMENT PERIODS BEGINNING AFTER SEPTEMBER 
30, 1995.—For any pajnnent period beginning after September 30, 
1995, the Secretary, in making allocations pursuant to sections 
6704 through 6706 and 6708, shall use information more recent 
than the information used for the pajnnent period beginning October 
1, 1994, provided the Secretary notifies the Committee on Govern-
ment Operations of the House of Representatives at least 90 days 
prior to the beginning of the pajrment period that the Secretary 
has determined that the more recent information is more reliable 
than the information used for the payment period beginning 
October 1, 1994. 
"§6710. Public participation 
"(a) HEARINGS.— 
"(1) IN GENERAL.—^A unit of general local government 
expending pajrments under this chapter shall hold at least 
one public hearing on the proposed use of the payment in 
relation to its entire budget. At the hearing, persons shall 
be given an opportunity to provide written and oral views 
to the governmental authority responsible for enacting the 
budget and to ask questions about the entire budget and the 
relation of the payment to the entire budget. The government 
shall hold the hearing at a time and a place that allows and 
encourages public attendance and participation. 
"(2) SENIOR CITIZENS.—^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 
citizens 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) IN GENERAL.—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 pa3nnent and a summary of the pro-
posed budget of the government; and 
"(B) publish in at least one newspaper of general cir- Publication. 
culation the proposed use of the payment with the summary 
108 STAT. 1874 
PUBLIC LAW 103-322—SEPT. 13, 1994 
of the proposed budget and a notice of the time and place 
of the hearing. 
"(2) AVAILABILITY.—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 pajnnent; 
and 
Publication. 
"(B) publish in at least one newspaper of general cir-
culation a notice that the information referred to in 
subparagraph (A) is available for inspection. 
"(c) WAIVERS OF REQUIREMENTS.—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 attendance and 
participation contemplated by subsection (a); and 
"(B) includes a hearing on the proposed use of a pay-
ment received under this chapter in relation to the entire 
budget of the government; and 
"(2) under subsection (b)(1)(B) and paragraph (2)(B) may 
be waived if the cost of publishing the information 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 government will provide ade-
quate 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 necessary to comply with applicable State 
or local law. 
'*§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 government 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 government receives a payment under this 
chapter: 
"(1) A prohibition against discrimination because of age 
under the Age Discrimination Act of 1975. 
"(2) A prohibition against discrimination against an other-
wise qualified handicapped individual under section 504 of 
the Rehabilitation Act of 1973. 
"(3) A prohibition against discrimination because of reli-
gion, or an exemption from that prohibition, 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 PROHIBITIONS.—Sub-
sections (a) and (b) do not apply if the government 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. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1875 
"(d) INVESTIGATION AGREEMENTS.—The Secretary shall try to 
make agreements with heads of agencies of the United States 
Government and State agencies to investigate noncompliance with 
this section. An agreement shall— 
"(1) describe the cooperative efforts to be taken (including 
sharing civil rights enforcement personnel and resources) to 
obtain compliance with this section; and 
"(2) provide for notifying immediately the Secretary of 
actions brought by the United States Government 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 informally to the Secretary 
within 30 days after the government receives a notice of noncompli-
ance from the Secretary. Except as provided in subsection (e), 
the government may present evidence on whether— 
"(1) a person in the United States has been excluded 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 pa3mient received under this chapter. 
"(c) TEMPORARY SUSPENSION OF PAYMENTS.—By the end of the 
30-day period under subsection (b), the Secretary shall decide 
whether the unit of general local government 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) PROCEEDING.—^A proceeding requested under sub-
section (c)(2) shall begin by the 30th day after the Secretary 
receives a request for the proceeding. The proceeding shall 
be before an administrative law judge appointed under section 
3105 of title 5, United States Code. By the 30th day after 
the beginning of the proceeding, the judge shall issue a prelimi-
nary 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) DECISION.—If the administrative law judge decides 
at the end of a proceeding under paragraph (1) that the unit 
of general local government has— 
108 STAT. 1876 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(A) not complied with section 6711 (a) or (b), the 
judge may order payments to the government under this 
chapter terminated; or 
"(B) compHed with section 6711 (a) or (b), a suspension 
under section 6713(a)(1)(A) shall be discontinued promptly. 
"(3) LIKELIHOOD OF PREVAILING.—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 paragraph (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 administrative law judge may consider only 
whether a pajrment under this chapter was used to pay for any 
part of the program or activity. The holding of discrimination is 
conclusive. If the holding is reversed by an appellate court, the 
Secretary or judge shall end the proceeding. 
*
*
§ 6713. Suspension and termination of payments in discrimi-
nation proceedings 
"(a) IMPOSITION AND CONTINUATION OF SUSPENSIONS.— 
"(1) IN GENERAL.—^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, United States Code, issues a prelimi-
nary decision in a proceeding under section 6712(d)(1) that 
the government is not likely to prevail in showing compli-
ance 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) EFFECTIVENESS.—^A suspension already ordered under 
paragraph (1)(A) continues in effect if the administrative law 
judge makes a decision under paragraph (1)(B). 
"(b) LIFTING OF SUSPENSIONS AND TERMINATIONS.—If a holding 
of discrimination is reversed by an appellate court, a suspension 
or termination of payments in a proceeding based on the holding 
shall be discontinued. 
"(c) RESUMPTION OF PAYMENTS UPON ATTAINING COMPLIANCE.— 
The Secretary may resume payment to a unit of general local 
government of payments suspended by the Secretary only— 
"(1) as of the time of, and under the conditions stated 
in— 
"(A) the approval by the Secretary of a compliance 
agreement under section 6714(a)(1); or 
"(B) a compliance agreement entered into by the Sec-
retary under section 6714(a)(2); 
"(2) if the government complies completely with an order 
of a United States court, a State court, or administrative law 
judge that covers all matters raised in a notice of noncompliance 
submitted by the Secretary under section 6712(a); 
"(3) if a United States court, a State court, or an adminis-
trative law judge decides (including a judge in a proceeding 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1877 
under section 6712(d)(1)), that the government has complied 
with sections 6711 (a) and (b); or 
"(4) if a suspension is discontinued under subsection (b). 
"(d) PAYMENT OF DAMAGES AS COMPLIANCE.—For purposes of 
subsection (c)(2), compliance by a government may consist of the 
payment of restitution to a person injured because the government 
did not comply with section 6711 (a) or (b). 
"(e) RESUMPTION OF PAYMENTS UPON REVERSAL BY COURT.— 
The Secretary may resume payment to a unit of general local 
government of pajnnents terminated under section 6712(d)(2)(A) 
only if the decision resulting in the termination is reversed by 
an appellate court. 
*
*
§ 6714. Compliance agreements 
"(a) TYPES OF COMPLIANCE AGREEMENTS.^A compliance agree-
ment is an agreement— 
"(1) approved by the Secretary, between the governmental 
authority responsible for prosecuting a claim or complaint that 
is the basis of a holding of discrimination and the chief execu-
tive officer of the unit of general local government that has 
not complied with section 6711 (a) or (b); or 
"(2) between the Secretary and the chief executive officer. 
"(b) CONTENTS OF AGREEMENTS.—^A compliance agreement— 
"(1) shall state the conditions the unit of general local 
government has agreed to comply with that would satisfy the 
obligations of the government under sections 6711 (a) and (b); 
"(2) shall cover each matter that has been found not to 
comply, or would not comply, with section 6711 (a) or (b); 
and 
"(3) may be a series of agreements that dispose of those 
matters. 
"(c) AVAILABILITY OF AGREEMENTS TO PARTIES.—The Secretary 
shall submit a copy of a compliance agreement to each person 
who filed a complaint referred to in section 6716(b), or, if an 
agreement under subsection (a)(1), each person who filed a com-
plaint with a governmental authority, about a failure to comply 
with section 6711 (a) or (b). The Secretary shall submit the copy 
by the 15th day after an agreement is made. However, if the 
Secretary approves an agreement under subsection (a)(1) after the 
agreement is made, the Secretary may submit the copy by the 
15th day after approval of the agreement. 
"§ 6715. Enforcement by the Attorney General of prohibitions 
on discrimination 
'The Attorney General may bring a civil action in an appro-
f
)riate district court of the United States against a unit of general 
ocal government that the Attorney Greneral has reason to believe 
has engaged or is engaging in a pattern or practice in violation 
of section 6711 (a) or (b). The court may grant— 
"(1) a temporary restraining order; 
"(2) an injunction; or 
t 
"(3) an appropriate order to ensure enjoyment of rights 
under section 6711 (a) or (b), including an order suspending, 
terminating, or requiring repayment of, payments under this 
a 
chapter or placing additional pa3nments under this chapter in 
escrow pending the outcome of the action. 
108 STAT. 1878 
PUBLIC LAW 103-322—SEPT. 13, 1994 
*
*
§ 6716. Civil action by a person adversely affected 
"(a) 
AUTHORITY FOR PRIVATE SUITS IN FEDERAL OR STATE 
COURT.—If a unit of general local government, or an officer or 
employee of a unit of general local government acting in an official 
capacity, engages in a practice prohibited by this chapter, a person 
adversely affected by the practice may bring a civil action in an 
appropriate district court of the United States or a State court 
of general jurisdiction. Before bringing an action under this section, 
the person must exhaust administrative remedies under subsection 
(b). 
"(b) ADMINISTRATIVE REMEDIES REQUIRED To BE EXHAUSTED.— 
A person adversely affected shall file an administrative complaint 
with the Secretary or the head of another agency of the United 
States Government or the State agency with which the Secretary 
has an agreement under section 6711(d). Administrative remedies 
are deemed to be exhausted by the person after the 90th day 
after the complaint was filed if the Secretary, the head of the 
Government agency, or the State agency— 
"(1) issues a decision that the government has not failed 
to comply with this chapter; or 
"(2) does not issue a decision on the complaint. 
"(c) AUTHORITY OF COURT.—In an action under this section, 
the court— 
"(1) may grant— 
"(A) a temporary restraining order; 
"(B) an injunction; or 
"(C) another order, including suspension, termination, 
or repa5mtient of, pa3nnents under this chapter or placement 
of additional payments under this chapter in escrow pend-
ing the outcome of the action; and 
"(2) to enforce compliance with section 6711 (a) or (b), 
may allow a prevailing party (except the United States Govern-
ment) a reasonable attorneys fee. 
"(d) INTERVENTION BY ATTORNEY GENERAL.—In an action under 
this section to enforce compliance with section 6711 (a) or (b), 
the Attorney General may intervene in the action if the Attorney 
General certifies that the action is of general public importance. 
The United States Grovemment is entitled to the same relief as 
if the Government had brought the action and is liable for the 
same fees and costs as a private person. 
*
*
§ 6717. Judicial review 
"(a) APPEALS IN FEDERAL COURT OF APPEALS.—^A unit of general 
local government which receives notice from the Secretary about 
withholding payments under section 6703(f), suspending payments 
under section 6713(a)(1)(B), or terminating payments under section 
6712(d)(2)(A), may apply for review of the action of the Secretary 
by filing a petition for review with the court of appeals of the 
United States for the circuit in which the government is located. 
The petition shall be filed by the 60th day after the date the 
notice is received. The clerk of the court shall immediately send 
a copy of the petition to the Secretary. 
"(b) FILING OF RECORD OF ADMINISTRATIVE PROCEEDING.—^The 
Secretary shall file with the court a record of the proceeding on 
which the Secretary based the action. The court may consider 
only objections to the action of the Secretary that were presented 
before the Secretary. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1879 
"(c) COURT ACTION.—^The court may affirm, change, or set aside 
any part of the action of the Secretary. The findings of fact by 
the Secretary are conclusive if supported by substantial evidence 
in the record. If a finding is not supported by substantial evidence 
in the record, the court may remand the case to the Secretary 
to t£ike additional evidence. Upon such a remand, the Secretary 
may make new or modified findings and shall certify additional 
proceedings to the court. 
"(d) REVIEW ONLY BY SUPREME COURT.—A judgment of a court 
under this section may be reviewed only by the Supreme Court 
under section 1254 of title 28, United States Code. 
*
*
§ 6718. Investigations and reviews 
"(a) INVESTIGATIONS BY SECRETARY.— 
"(1) IN GENERAL.—The Secretary shall within a reasonable 
time limit— 
"(A) carry out an investigation and make a finding 
after receiving a complaint referred to in section 6716(b), 
a determination by a State or locsJ administrative agency, 
or other information about a possible violation of this 
chapter; 
"(B) carry out audits and reviews (including investiga-
tions of allegations) about possible violations of this chap-
ter; and 
"(C) advise a complainant of the status of an audit, 
investigation, or review of an allegation by the complainant 
of a violation of section 6711 (a) or (b) or other provision 
of this chapter. 
"(2) TIME LIMIT.—^The maximum time limit under para-
graph (1)(A) is 120 days. 
"(b) REVIEWS BY COMPTROLLER GENERAL.—The Comptroller 
General of the United States shall carry out reviews of the activities 
of the Secretary, State governments, and units of general local 
government necessary for the Congress to evaluate compliance and 
operations under this chapter. These reviews shall include a 
comparison of the waste and inefficiency of local governments using 
funds under this chapter compared to waste and inefficiency with 
other comparable Federal programs. 
"§6719. Reports 
"(a) REPORTS BY SECRETARY TO CONGRESS.—Before June 2 of 
each year prior to 2002, the Secretary personally shall report to 
the Congress on— 
"(1) the status and operation of the Local Government 
Fiscal Assistance Fund during the prior fiscal year; and 
"(2) the administration of this chapter, including a complete 
and detailed analysis of— 
"(A) actions tsiken to comply with sections 6711 through 
6715, including a description of the kind and extent of 
noncompliance and the status of pending complaints; 
"(B) the extent to which units of general local govern-
ment receiving payments under this chapter have complied 
with the requirements of this chapter; 
"(C) the way in which pajonents under this chapter 
have been distributed in the jurisdictions receiving pay-
ments; and 
108 STAT. 1880 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(D) significant problems in carrying out this chapter 
and 
recommendations for legislation to remedy 
the 
problems. 
"(b) REPORTS BY UNITS OF GENERAL LOCAL GOVERNMENT TO 
SECRETARY.— 
"(1) IN GENERAL.—At the end of each fiscal year, each 
unit of general local government which received a payment 
under this chapter for the fiscal year shall submit a report 
to the Secretary. The report shall be submitted in the form 
and at a time prescribed by the Secretary and shall be available 
to the public for inspection. The report shgdl state— 
"(A) the amounts and purposes for which the pajnnent 
has been appropriated, expended, or obligated in the fiscal 
year; 
"(B) the relationship of the payment to the relevant 
functional items in the budget of the government; and 
"(C) the differences between the actual and proposed 
use of the payment. 
"(2) AVAILABILITY OF REPORT.—The Secretary shall provide 
a copy of a report submitted under paragraph (1) by a unit 
of general local government to the chief executive officer of 
the State in which the government is located. The Secretary 
shall provide the report in the manner and form prescribed 
by the Secretary. 
*
*
§ 6720. Definitions, application, and administration 
"(a) DEFINITIONS.—In this chapter— 
"(1) 'unit of general local government' means— 
"(A) a county, township, city, or political subdivision 
of a county, township, or city, that is a unit of general 
local government as determined by the Secretary of Com-
merce for general statistical purposes; and 
"(B) the District of Columbia and the recognized 
' 
governing body of an Indian tribe or Alaskan Native village 
that carries out substantial governmental duties and 
powers; 
"(2) 'payment period' means each 1-year period beginning 
on October 1 of the years 1994 through 2000; 
"(3) 'State and local taxes' means taxes imposed by a State 
government or unit of general local government or other politi-
cal subdivision of a State government for public purposes 
(except employee and employer assessments and contributions 
to finance retirement and social insurance systems and other 
special assessments for capital outlay) as determined by the 
Secretary of Commerce for general statistical purposes; 
"(4) 'State' means any of the several States and the District 
of Columbia; 
"(5) 'income' means the total money income received from 
all sources as determined by the Secretary of Commerce for 
general statistical purposes, which for units of general local 
government is reported by the Bureau of the Census for 1990 
in the publication Summary Social, Economic, and Housing 
Characteristics; 
"(6) 'per capita income' means— 
"(A) in the case of the United States, the income of 
the United States divided by the population of the United 
States; 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1881 
"(B) in the case of a State, the income of that State, 
divided by the population of that State; and 
"(C) in the case of a unit of general local government, 
the income of that unit of general local government divided 
by the population of the unit of general local government; 
"(7) 'finding of discrimination' means a decision by the 
Secretary about a complaint described in section 6716(b), a 
decision by a State or local administrative agency, or other 
information (under regulations prescribed by the Secretary) 
that it is more likely than not that a unit of general local 
government has not complied with section 6711 (a) or (b); 
"(8) 'holding of discrimination' means a holding by a United 
States court, a State court, or an administrative law judge 
appointed under section 3105 of title 5, United States Code, 
that a unit of general local government expending amounts 
received under this chapter has— 
"(A) excluded a person in the United States from 
participating in, denied the person the benefits of, or sub-
jected the person to discrimination under, a program or 
activity because of race, color, national origin, or sex; or 
"(B) violated a prohibition against 
discrimination 
described in section 6711(b); and 
"(9) 'Secretary' means the Secretary of Housing and Urban 
Development. 
"(b) 
DELEGATION OF ADMINISTRATION.—The Secretary 
may 
enter into agreements with other executive branch departments 
and agencies to delegate to that department or agency all or part 
of the Secretary's responsibility for administering this chapter. 
"(c) TREATMENT OF SUBSUMED AREAS.—If the entire geographic 
area of a unit of general local government is located in a larger 
entity, the unit of general local government is deemed to be located 
in the larger entity. If only part of the geographic area of a unit 
is located in a larger entity, each part is deemed to be located 
in the larger entity Eind to be a separate unit of general local 
government in determining allocations under this chapter. Except 
as provided in regulations prescribed by the Secretary, the Secretary 
shall make all data computations based on the ratio of the estimated 
population of the part to the population of the entire unit of general 
local government. 
"(d) BOUNDARY AND OTHER CHANGES.—If a boundary line 
change, a State statutory or constitutional change, annexation, 
a governmental reorganization, or other circumstance results in 
the application of sections 6704 through 6708 in a way that does 
not carry out the purposes of sections 6701 through 6708, the 
Secretary shall apply sections 6701 through 6708 under regulations 
of the Secretary in a way that is consistent with those purposes.". 
(b) ISSUANCE OF REGULATIONS.—Within 90 days of the date 
3i use 670i 
of enactment of this Act the Secretary shall issue regulations, "°*®-
which may be interim regulations, to implement subsection (a), 
modifying the regulations for carrying into effect the Revenue Shar-
ing Act that were in effect as of July 1, 1987, and that were 
published in 31 C.F.R. part 51. The Secretary need not hold a 
public hearing before issuing these regulations. 
(c) DEFICIT NEUTRALITY.—Any appropriation to carry out the 
3i use 6702 
amendment made by this subtitle to title 31, United States Code, 
for fiscal year 1995 or 1996 shall be offset by cuts elsewhere 
in appropriations for that fiscal year. 
note. 
79-194 O—95—5 : QL 3 Part 3 
108 STAT. 1882 
PUBLIC LAW 103-322—SEPT. 13, 1994 
National 
Community 
Economic 
Partnership 
Act of 1994. 
42 use 13701 
note. 
42 u s e 13821. 
42 use 13822. 
SEC. 31002. TECHNICAL AMENDMENT. 
The table of chapters at the beginning of subtitle V of title 
31, United States Code, is amended by adding after the item relat-
ing to chapter 65 the following: 
"67. Federal payments 
6701". 
Subtitle K—National Community Economic 
Partnership 
SEC. 31101. SHORT TITLE. 
This subtitle may be cited as the "National Community Eco-
nomic Partnership Act of 1994". 
CHAPTER 1—COMMUNITY ECONOMIC PARTNERSHIP 
INVESTMENT FUNDS 
SEC. 31111. PURPOSE. 
It is the purpose of this chapter to increase private investment 
in distressed local communities and to build and expand the capac-
ity of local institutions to better serve the economic needs of local 
residents through the provision of financial and technical assistance 
to community development corporations. 
SEC. 31112. PROVISION OF ASSISTANCE. 
(a) AUTHORITY.—^The Secretary of Health and Human Services 
(referred to in this subtitle as the "Secretary") may, in accordance 
with this chapter, provide nonrefundable lines of credit to commu-
nity development corporations for the establishment, maintenance 
or expansion of revolving loan funds to be utilized to finsince projects 
intended to provide business and employment opportunities for 
low-income, unemployed, or underemployed individuals and to 
improve the quality of life in urban and rural areas. 
(b) REVOLVING LOAN FUNDS.— 
(1) COMPETITIVE ASSESSMENT OF APPLICATIONS.—In provid-
ing assistance under subsection (a), the Secretary shall estab-
lish and implement a competitive process for the solicitation 
and consideration of applications from eligible entities for lines 
of credit for the capitalization of revolving funds. 
(2) ELIGIBLE ENTITIES.—-To be eligible to receive a line 
of credit under this chapter an applicant shall— 
(A) be a community development corporation; 
(B) prepeire and submit an application to the Secretary 
that shall include a strategic investment plan that identi-
fies and describes the economic characteristics of the target 
area to be served, the types of business to be assisted 
and the impact of such assistance on low-income, under-
employed, and unemployed individuals in the target area; 
(C) demonstrate previous experience in the develop-
ment of low-income housing or community or business 
development projects in a low-income community and pro-
vide a record of achievement with respect to such projects; 
and 
(D) have secured one or more commitments from local 
sources for contributions (either in cash or in kind, letters 
of credit or letters of commitment) in an amount that 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1883 
is at least equal to the amount requested in the application 
submitted under subparagraph (B). 
(3) EXCEPTION.—^Notwithstanding the provisions of para-
graph (2)(D), the Secretary may reduce local contributions to 
not less than 25 percent of the amount of the line of credit 
requested by the community development corporation if the 
Secretary determines such to be appropriate in accordance with 
section 31116. 
SEC. 31113. APPROVAL OF APPLICATIONS. 
42 USC13823. 
(a) IN GENERAL.—In evaluating applications submitted under 
section 31112(b)(2)(B), the Secretary shall ensure that— 
(1) the residents of the target area to be served (as identi-
fied under the strategic development plan) would have an 
income that is less than the median income for the area (as 
determined by the Secretary); 
(2) the applicant community development corporation pos-
sesses the technical and managerial capability necessary to 
administer a revolving loan fund and has past experience in 
the development and management of housing, community and 
economic development programs; 
(3) the applicant community development corporation has 
provided sufficient evidence of the existence of good working 
relationships with— 
(A) local businesses and financial institutions, as well 
as with the community the corporation proposes to serve; 
and 
(B) local and regional job training programs; 
(4) the applicant community development corporation will 
target job opportunities that arise from revolving loan fund 
investments under this chapter so that 75 percent of the jobs 
retained or created under such investments are provided to— 
(A) individuals with— 
(i) incomes that do not exceed the Federal poverty 
line; or 
(ii) incomes that do not exceed 80 percent of the 
median income of the area; 
(B) individuals who are unemployed or underemployed; 
(C) individuals who are participating or have partici-
pated in job training programs authorized under the Job 
Training Partnership Act (29 U.S.C. 1501 et seq.) or the 
Family Support Act of 1988 (Public Law 100-485); 
(D) individuals whose jobs may be retained as a result 
of the provision of financing available under this chapter; 
or 
(E) individuals who have historically been under-
represented in the local economy; and 
(5) a representative cross section of applicants 
are 
approved, including large and small community development 
corporations, urban and rural community development corpora-
tions and community development corporations representing 
diverse populations. 
(b) PRIORITY.—In determining which application to approve 
under this chapter the Secretary shall give priority to those 
applicants proposing to serve a target area— 
108 STAT. 1884 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(1) with a median income that does not exceed 80 percent 
of the median for the area (as determined by the Secretary); 
and 
(2) with a high rate of unemplojonent, as determined by 
the Secretary or in which the population loss is at least 7 
percent from April 1, 1980, to April 1, 1990, as reported by 
the Bureau of the Census. 
42 u s e 13824. 
SEC. 31114. AVAILABIUTY OF LINES OF CREDIT AND USE. 
(a) APPROVAL OF APPLICATION.—^The Secretary shall provide 
a community development corporation that has an application 
approved under section 31113 with a line of credit in an amount 
determined appropriate by the Secretary, subject to the limitations 
contained in subsection (b). 
(b) LIMITATIONS ON AVAILABILITY OF AMOUNTS.— 
(1) MAXIMUM AMOUNT.—^The Secretary shall not provide 
in excess of $2,000,000 in lines of credit under this chapter 
to a single applicant. 
(2) PERIOD OF AVAILABILITY.—A line of credit provided 
under this chapter shall remain available over a period of 
time established by the Secretary, but in no event shall any 
such period of time be in excess of 3 years from the date 
on which such line of credit is made available. 
(3) EXCEPTION.—^Notwithstanding paragraphs (1) and (2), 
if a recipient of a line of credit under this chapter has made 
full and productive use of such line of credit, can demonstrate 
the need and demand for additional assistance, and can meet 
the requirements of section 31112(b)(2), the amount of such 
line of credit may be increased by not more than $1,500,000. 
(c) AMOUNTS DRAWN FROM LINE OF CREDIT.—Amounts drawn 
from each line of credit under this chapter shall be used solely 
for the purposes described in section 31111 and shall only be 
drawn down as needed to provide loans, investments, or to defray 
administrative costs related to the establishment of a revolving 
loan fund. 
(d) USE OF REVOLVING LOAN FUNDS.—Revolving loan funds 
established with lines of credit provided under this chapter may 
be used to provide technical assistance to private business enter-
prises and to provide financial assistance in the form of loans, 
loan guarantees, interest reduction assistance, equity shares, and 
other such forms of assistance to business enterprises in target 
areas and who are in compliance with section 31113(a)(4). 
42 u s e 13825. 
SEC. 31115. LIMITATIONS ON USE OF FUNDS. 
(a) MATCHING REQUIREMENT.—^Not to exceed 50 percent of the 
total amount to be invested by an entity under this chapter may 
be derived from funds made available from a line of credit under 
this chapter. 
(b) 
TECHNICAL 
ASSISTANCE AND ADMINISTRATION.—Not 
to 
exceed 10 percent of the amounts available from a line of credit 
under this chapter shall be used for the provision of training or 
technical assistance and for the planning, development, and 
management of economic development projects. Community develop-
ment corporations shall be encouraged by the Secretary to seek 
technical assistance from other community development corpora-
tions, with expertise in the planning, development and management 
of economic development projects. The Secretary shall assist in 
the identification and facilitation of such technical assistance. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1885 
(c) LOCAL AND PRIVATE SECTOR CONTRIBUTIONS.—TO receive 
funds available under a line of credit provided under this chapter, 
an entity, using procedures established by the Secretary, shall 
demonstrate to the community development corporation that such 
entity agrees to provide local and private sector contributions in 
accordance with section 31112(b)(2)(D), will participate with such 
community development corporation in a loan, guarantee or invest-
ment program for a designated business enterprise, and that the 
total financial commitment to be provided by such entity is at 
least equal to the amount to be drawn from the line of credit. 
(d) USE OF PROCEEDS FROM INVESTMENTS.—Proceeds derived 
from investments made using funds made available under this 
chapter may be used only for the purposes described in section 
31111 and shall be reinvested in the community in which they 
were generated. 
SEC. 31116. PROGRAM PRIORITY FOR SPECIAL EMPHASIS PROGRAMS. 42 USC 13826. 
(a) IN GENERAL.—The Secretary shall give priority in providing 
lines of credit under this chapter to community development cor-
porations that propose to undertake economic development activities 
in distressed communities that target women. Native Americans, 
at risk youth, farmworkers, population-losing communities, very 
low-income communities, single mothers, veterans, and refugees; 
or that expand employee ownership of private enterprises and small 
. 
businesses, and to programs providing loans of not more than 
$35,000 to very small business enterprises. 
(b) RESERVATION OF FUNDS.—Not less than 5 percent of the 
amounts made available under section 31112(a)(2)(A) may be 
reserved to carry out the activities described in subsection (a), 
CHAPTER 2—EMERGING COMMUNITY DEVELOPMENT 
CORPORATIONS 
SEC. 31121. COMMUNITY DEVELOPMENT CORPORATION IMPROVE- 
42 USC 13841. 
MENT GRANTS. 
(a) PURPOSE.—It is the purpose of this section to provide assist-
ance to community development corporations to upgrade the 
management and operating capacity of such corporations and to 
enhance the resources available to enable such corporations to 
increase their community economic development activities. 
(b) SKILL ENHANCEMENT GRANTS.— 
(1) IN GENERAL.—The Secretary shall award grants to 
community development corporations to enable such corpora-
tions to attain or enhance the business management and devel-
opment skills of the individuals that manage such corporations 
to enable such corporations to seek the public and private 
resources necessary to develop community economic develop-
ment projects. 
(2) USE OF FUNDS.—A recipient of a grant under paragraph 
(1) may use amounts received under such grant— 
(A) to acquire training and technical assistance from 
agencies or institutions that have extensive experience in 
the development and management of low-income commu-
nity economic development projects; or 
(B) to acquire such assistance from other highly 
successful community development corporations. 
(c) OPERATING GRANTS.— 
108 STAT. 1886 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(1) IN GENERAL.—^The Secretary shall award grants to 
community development corporations to enable such corpora-
tions to support an administrative capacity for the planning, 
development, and management of low-income community eco-
nomic development projects. 
(2) USE OF FUNDS.—^A recipient of a grant under paragraph 
(1) may use amounts received under such grant— 
(A) to conduct evaluations of the feasibility of potential 
low-income community economic development projects that 
address identified needs in the low-income community and 
that conform to those projects and activities permitted 
under subtitle A; 
(B) to develop a business plan related to such a poten-
tial project; or 
(C) to mobilize resources to be contributed to a planned 
low-income community economic development project or 
strategy. 
(d) APPLICATIONS.—^A community development corporation that 
desires to receive a grant under this section shall prepare and 
submit to the Secretary an application at such time, in such manner, 
and containing such information as the Secretary may require. 
(e) AMOUNT AVAILABLE FOR A COMMUNITY DEVELOPMENT COR-
PORATION.—Amounts provided under this section to a community 
development corporation shall not exceed $75,000 per year. Such 
corporations may apply for grants under this section for up to 
3 consecutive years, except that such corporations shall be required 
to submit a new application for each grant for which such corpora-
tion desires to receive and compete on the basis of such applications 
in the selection process. 
42 use 13842. 
SEC. 31122. EMERGING COMMUNITY DEVELOPMENT CORPORATION 
REVOLVING LOAN FUNDS. 
(a) AUTHORITY.—^The Secretary may award grants to emerging 
community development corporations to enable such corporations 
to establish, maintain or expand revolving loan funds, to make 
or guarantee loans, or to make capital investments in new or 
expanding local businesses. 
(b) ELIGIBILITY.—^To be eligible to receive a grant under sub-
section (a), an entity shall— 
(1) be a community development corporation; 
(2) have completed not less than one nor more than two 
community economic development projects or related projects 
that improve or provide job and employment opportunities to 
low-income individuals; 
(3) prepare and submit to the Secretary an application 
at such time, in such manner, and containing such information 
as the Secretary may require, including a strategic investment 
plan that identifies and describes the economic characteristics 
of the target area to be served, the types of business to be 
assisted using amounts received under the grant and the impact 
of such assistance on low-income individuals; and 
(4) have secured one or more commitments from local 
sources for contributions (either in cash or in kind, letters 
of credit, or letters of commitment) in an amount that is equal 
to at least 10 percent of the simounts requested in the applica-
tion submitted under paragraph (2). 
(c) 
USE 
OF 
THE 
REVOLVING 
LOAN 
FUND.— 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1887 
(1) IN GENERAL.—^A revolving loan fund established or 
maintained with amounts received under this section may be 
utilized to provide financial and technical assistance, loans, 
loan guarantees or investments to private business enterprises 
to— 
(A) finance projects intended to provide business and 
emplo3mient opportunities for low-income individuals and 
to improve the quality of life in urban and rural areas; 
and 
(B) build and expand the capacity of emerging commu-
nity development corporations and serve the economic 
needs of local residents. 
(2) TECHNICAL ASSISTANCE.—The Secretary shall encourage 
emerging community development corporations that receive 
grants under this section to seek technical assistance from 
established community development corporations, with exper-
tise in the planning, development and management of economic 
development projects and shall facilitate the receipt of such 
assistance. 
(3) LIMITATION.—^Not to exceed 10 percent of the amounts 
received under this section by a grantee shall be used for 
training, technical assisteuice and administrative purposes. 
(d) USE OF PROCEEDS FROM INVESTMENTS.—^Proceeds derived 
from investments made with amounts provided under this section 
may be utilized only for the purposes described in this subtitle 
and shall be reinvested in the community in which they were 
generated. 
(e) AMOUNTS AVAILABLE.—^Amounts provided under this section 
to a community development corporation shall not exceed $500,000 
per year. 
CHAPTER 3—MISCELLANEOUS PROVISIONS 
SEC. 31131. DEFmrriONS. 
42 use 1385L 
As used in this subtitle: 
(1) COMMUNITY DEVELOPMENT CORPORATION.—The term 
"community development corporation" means a private, non-
profit corporation whose board of directors is comprised of 
business, civic and community leaders, and whose principal 
purpose includes the provision of low-income housing or commu-
nity economic development projects that primarily benefit low-
income individuals and communities. 
(2) LOCAL AND PRIVATE SECTOR CONTRIBUTION.—The term 
"local and private sector contribution" means the funds avail-
able at the local level (by private financial institutions. State 
and local governments) or by any private 
philanthropic 
organization and private, nonprofit organizations that will be 
committed and used solely for the purpose of financing private 
business enterprises in conjunction with amounts provided 
under this subtitle. 
(3) POPULATION-LOSING COMMUNITY.—^The term "popu-
lation-losing community" means any county in which the net 
population loss is at least 7 percent from April 1, 1980 to 
April 1, 1990, as reported by the Bureau of the Census. 
(4) PRIVATE BUSINESS ENTERPRISE.—^The term "private busi-
ness enterprise" means any business enterprise that is engaged 
in the manufacture of a product, provision of a service, construe-
108 STAT. 1888 
PUBLIC LAW 103-322—SEPT. 13, 1994 
tion or development of a facility, or that is involved in some 
other commercial, manufacturing or industrial activity, and 
that agrees to target job opportunities stemming from invest-
ments authorized under this subtitle to certain individuals. 
(5) TARGET AREA.—^The term "target area" means any area 
defined in an application for assistance under this subtitle 
that has a population whose income does not exceed the median 
for the area within which the target area is located. 
(6) VERY LOW-INCOME COMMUNITY.—The term "very low-
income community" means a community in which the median 
income of the residents of such community does not exceed 
50 percent of the median income of the area. 
42 use 13852. 
SEC. 31132. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appropriated to 
carry out chapters 1 and 2— 
(1) $45,000,000 for fiscal year 1996; 
(2) $72,000,000 for fiscal year 1997; 
(3) $76,500,000 for fiscal year 1998; and 
(4) $76,500,000 for fiscal year 1999. 
(b) EARMARKS.—Of the aggregate amount appropriated under 
subsection (a) for each fiscal year— 
(1) 60 percent shall be available to carry out chapter 1; 
and 
(2) 40 percent shall be available to carry out chapter 2. 
(c) AMOUNTS.—^Amounts appropriated under subsection (a) shall 
remain available for expenditure without fiscal year limitation. 
42 use 13853. 
SEC. 31133. PROHIBITION. 
None of the funds authorized under this subtitle shall be used 
to finance the construction of housing. 
Subtitle O—^Urban Recreation and At-Risk 
Youth 
SEC. 31601. PURPOSE OF ASSISTANCE. 
Section 1003 of the Urban Park and Recreation Recovery Act 
16 use 2502. 
of 1978 is amended bv adding the following at the end: "It is 
further the purpose of this title to improve recreation facilities 
and expand recreation services in urban areas with a high incidence 
of crime and to help deter crime through the expansion of recreation 
opportunities for at-risk youth. It is the further purpose of this 
section to increase the security of urban parks and to promote 
collaboration between local agencies involved in parks and recre-
ation, law enforcement, youth social services, and juvenile justice 
system.". 
SEC. 31502. DEFINITIONS. 
Section 1004 of the Urban Park and Recreation Recovery Act 
16 use 2503. 
of 1978 is amended by inserting the following new subsection after 
subsection (c) and by redesignating subsections (d) through (j) as 
(e) through (k), respectively: 
"(d) 'at-risk youth recreation grants' means— 
"(1) rehabilitation grants, 
"(2) innovation grants, or 
^w-***-
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1889 
"(3) matching grants for continuing program support for 
programs of demonstrated value or success in providing 
constructive alternatives to youth at risk for engaging in crimi-
nal behavior, including grants for operating, or coordinating 
recreation programs and services; 
in neighborhoods and communities with a high prevalence of crime, 
particularly violent crime or crime committed by youthful offenders; 
in addition to the purposes specified in subsection (b), rehabilitation 
grants referred to in paragraph (1) of this subsection may be used 
for the provision of lighting, emergency phones or other capital 
improvements which will improve the security of urban parks;". 
SEC. 31503. CRITERIA FOR SELECTION. 
Section 1005 of the Urban Park and Recreation Recovery Act 
of 1978 is amended by striking "and" at the end of paragraph 
16 use 2504. 
(6), by striking the period at the end of paragraph (7) and inserting 
"; and" and by adding the following at the end: 
"(8) in the case of at-risk youth recreation grants, the 
Secretary shall give a priority to each of the following criteria: 
"(A) Programs which are targeted to youth who are 
at the greatest risk of becoming involved in violence and 
crime. 
"(B) Programs which teach important values and life 
skills, including teamwork, respect, leadership, and self-
esteem. 
"(C) Programs which offer tutoring, remedial education, 
mentoring, and counseling in addition to recreation 
opportunities. 
"(D) Programs which offer services during late night 
or other nonschool hours. 
"(E) 
Programs 
which 
demonstrate 
collaboration 
between local park and recreation, juvenile justice, law 
enforcement, and youth social service agencies and non-
governmental entities, including the private sector and 
community and nonprofit organizations. 
"(F) Programs which leverage public or private recre-
ation investments in the form of services, materials, or 
cash. 
"(G) Programs which show the greatest potential of 
being continued with non-Federal funds or which can serve 
as models for other communities.". 
SEC. 31504. PARK AND RECREATION ACTION RECOVERY PROGRAMS. 
Section 1007(b) of the Urban Park and Recreation Recovery 
Act of 1978 is amended by adding the following at the end: "In 16 USC 2506. 
order to be eligible to receive 'at-risk youth recreation grants' a 
local government shall amend its 5-year action program to incor-
porate the goal of reducing crime and juvenile delinquency and 
to provide a description of the implementation strategies to achieve 
this goal. The plan shall also address how the local government 
is coordinating its recreation programs with crime prevention efforts 
of law enforcement, juvenile corrections, and youth social service 
agencies.". 
SEC. 31505. MISCELLANEOUS AND TECHNICAL AMENDMENTS. 
(a) PROGRAM SUPPORT.—Section 1013 of the Urban Park and 
Recreation Recovery Act of 1978 is amended by inserting "(a) IN 16 USC 2512. 
108 STAT. 1890 
PUBLIC LAW 103-322—SEPT. 13, 1994 
GENERAL.—" after "1013" and by adding the following new sub-
section at the end: 
"(b) PROGRAM SUPPORT.—Not more than 25 percent of the 
amounts made avsdlable under this title to any local government 
may be used for program support.". 
(b) EXTENSION.—Section 1003 of the Urban Park and Recreation 
16 use 2502. 
Recovery Act of 1978 is amended by striking "for a period of five 
years" and by striking "short-term". 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this subtitle— 
(1) $2,700,000 for fiscal year 1996; 
(2) $450,000 for fiscal year 1997; 
(3) $450,000 for fiscal year 1998; 
(4) $450,000 for fiscal year 1999; and 
(5) $450,000 for fiscal year 2000. 
Subtitle Q—Community-BasedJustice 
Grants for Prosecutors 
42 use 13861. 
SEC. 31701. GRANT AUTHORIZATION. 
(a) IN GENERAL.—^The Attorney General may make grants to 
State, Indian tribal, or local prosecutors for the purpose of support-
ing the creation or expansion of community-based justice programs. 
(b) CONSULTATION.—^The Attorney General may consult with 
the Ounce of Prevention Council in making grants under subsection 
(a). 
42 u s e 13862. 
SEC. 31702. USE OF FUNDS. 
Grants made by the Attorney General under this section shall 
be used— 
(1) to fund programs that require the cooperation and 
coordination of prosecutors, school offici£ds, police, probation 
officers, youth and social service professionals, and community 
members in the effort to reduce the incidence of, and increase 
the successful identification and speed of prosecution of, young 
violent offenders; 
(2) to fund programs in which prosecutors focus on the 
offender, not simply the specific offense, and impose individual-
ized sanctions, designed to deter that offender from further 
antisoci2d conduct, and impose increasingly serious sanctions 
on a young offender who continues to commit offenses; 
(3) to fund programs that coordinate criminal justice 
resources with educational, social service, and community 
resources to develop and deliver violence prevention programs, 
including mediation and other conflict resolution methods, 
treatment, counseling, educational, and recreational programs 
that create alternatives to criminal activity; and 
(4) in rural States (as defined in section 1501(b) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3796bb(B)), to fund cooperative efforts between State 
and local prosecutors, victim advocacy and assistance groups, 
social and community service providers, and law enforcement 
agencies to investigate and prosecute child abuse cases, treat 
youthful victims of child abuse, and work in cooperation with 
the community to develop education and prevention strategies 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1891 
directed toward the issues with which such entities are con-
cerned. 
SEC. 31703. APPLICATIONS. 
16 USC 13863. 
(a) ELIGIBILITY.—In order to be eUgible to receive a grant 
under this part for any fiscal year, a State, Indian tribal, or local 
prosecutor, in conjunction with the chief executive officer of the 
jurisdiction in which the program will be placed, shall submit 
an application to the Attorney General in such form and containing 
such information as the Attorney General may reasonably require. 
(b) REQUIREMENTS.—^Each applicant shall include— 
(1) a request for funds for the purposes described in section 
31702; 
(2) a description of the communities to be served by the 
grant, including the nature of the youth crime, youth violence, 
and child abuse problems within such communities; 
(3) assurances that Federal funds received under this part 
shall be used to supplement, not supplant, non-Federal funds 
that would otherwise be available for activities funded under 
this section; and 
(4) statistical information in such form and containing such 
information that the Attorney General may require. 
(c) COMPREHENSIVE PLAN.—Each applicant shall include a com-
prehensive plan that shall contain— 
(1) a description of the youth violence or child abuse crime 
problem; 
(2) an action plan outlining how the applicant will achieve 
the purposes as described in section 31702; 
(3) a description of the resources available in the commu-
nity to implement the plan together with a description of the 
gaps in the plan that cannot be filled with existing resources; 
and 
(4) a description of how the requested grant will be used 
to fill gaps. 
SEC. 31704. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS. 
42 USC 13864. 
(a) ADMINISTRATIVE COST LIMITATION.—^The Attorney General 
shall use not more than 5 percent of the funds available under 
this program for the purposes of administration and technicsd assist-
ance. 
(b) RENEWAL OF GRANTS.—^A grant under this part may be 
renewed for up to 2 additional years after the first fiscal year 
during which the recipient receives its initial grant under this 
part, subject to the availability of funds, if— 
(1) the Attorney (Jeneral determines that the funds made 
available to the recipient during the previous years were used 
in a manner required under the approved application; and 
(2) the Attorney General determines that an additional 
grant is necessary to implement the community prosecution 
program described in the comprehensive plan required by sec-
tion 31703. 
SEC. 31705. AWARD OF GRANTS. 
42 USC 13865. 
The Attorney General shall consider the following facts in 
awarding grants: 
(1) Demonstrated need and evidence of the ability to pro-
vide the services described in the plan required under section 
31703. 
108 STAT. 1892 
PUBLIC LAW 103-322—SEPT. 13, 1994 
42 use 13866. 
42 u s e 13867. 
42 use 13868. 
Family Unity 
Demonstration 
Project Act. 
title 
(2) The Attorney General shall attempt, to the extent prac-
ticable, to achieve an equitable geographic distribution of grant 
awards. 
SEC. 31706. REPORTS. 
(a) REPORT TO ATTORNEY GENERAL.—State and local prosecu-
tors that receive funds under this subtitle shall submit to the 
Attorney General a report not later than March 1 of each year 
that describes progress achieved in carrying out the plan described 
under section 31703(c). 
(b) REPORT TO CONGRESS.—The Attorney General shall submit 
to the Congress a report by October 1 of each year in which 
grants are made available under this subtitle which shall contain 
a detailed statement regarding grant awards, activities of grant 
recipients, a compilation of statistical information submitted by 
applicants, and an evaluation of programs established under this 
subtitle. 
SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out this sub-
CD $7,000,000 for fiscal year 1996; 
(2) $10,000,000 for fiscal year 1997; 
(3) $10,000,000 for fiscal year 1998; 
(4) $11,000,000 for fiscal year 1999; and 
(5) $12,000,000 for fiscal year 2000. 
SEC. 31708. DEFINITIONS. 
In this subtitle— 
"Indian tribe" means a tribe, band, pueblo, nation, or other 
organized group or community of Indians, including an Alaska 
Native village (as defined in or established under the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that 
is recognized as eligible for the special programs and services 
provided by the United States to Indians because of their 
status as Indians. 
"State" means a State, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, American Samoa, Guam, and the 
United States Virgin Islands. 
"young violent offenders" means individuals, ages 7 through 
22, who have committed crimes of violence, weapons offenses, 
drug distribution, hate crimes and civil rights violations, and 
offenses against personal property of another. 
Subtitle S—Family Unity Demonstration 
Project 
42 use 13701 
note. 
42 u s e 13881. 
SEC. 31901. SHORT TITLE. 
This subtitle may be cited as the "Family Unity Demonstration 
Project Act". 
SEC. 31902. PURPOSE. 
The purpose of this subtitle is to evaluate the effectiveness 
of certain demonstration projects in helping to— 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1893 
(1) alleviate the harm to children and primary caretaker 
parents caused by separation due to the incarceration of the 
parents; 
(2) reduce recidivism rates of prisoners by encouraging 
strong and supportive family relationships; and 
(3) explore the cost effectiveness of community correctional 
facilities. 
SEC. 31903. DEFmrriONS. 
42 USC 13882. 
In this subtitle— 
"child" means a person who is less than 7 years of age, 
-
"community correctional facility" means a residential facil-
ity that— 
(A) is used only for eligible offenders and their children 
under 7 years of age; 
(B) is not within the confines of a jail or prison; 
(C) houses no more than 50 prisoners in addition to 
their children; and 
(D) provides to inmates and their children— 
• 
(i) a safe, stable, environment for children; 
(ii) pediatric and adult medical care consistent 
with medical standards for correctional facilities; 
(iii) programs to improve the stability of the par-
ent-child relationship, including educating parents 
regarding— 
(I) child development; and 
(II) household management; 
(iv) alcoholism and drug addiction treatment for 
prisoners; and 
(v) programs 
and 
support 
services 
to 
help 
inmates— 
(I) to improve and maintain mental and phys-
ical health, including access to counseling; 
(II) to obtain adequate housing upon release 
from State incarceration; 
(III) to obtain suitable education, emplo3anent, 
or training for emplojmient; and 
(IV) to obtain suitable child care. 
"eligible offender" means a primary caretaker parent who— 
(A) has been sentenced to a term of imprisonment 
of not more than 7 years or is awaiting sentencing for 
a conviction punishable by such a term of imprisonment; 
and 
(B) has not engaged in conduct that— 
(i) knowingly resulted in death or serious bodily 
injury; 
(ii) is a felony for a crime of violence against a 
person; or 
(iii) constitutes child neglect or mental, physical, 
or sexual abuse of a child, 
"primary caretaker parent" means— 
(A) a parent who has consistently Eissumed responsibil-
ity for the housing, health, and safety of a child prior 
to incarceration; or 
(B) a woman who has given birth to a child after 
or while awaiting her sentencing hearing and who 
108 STAT. 1894 
PUBLIC LAW 103-322—SEPT. 13, 1994 
expresses a willingness to assume responsibility for the 
housing, health, and safety of that child, 
a parent who, in the best interest of a child, has arranged 
for the temporary care of the child in the home of a relative 
or other responsible adult shall not for that reason be excluded 
from the category "primary caretaker". 
"State" means a State, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States Virgin 
Islands, American Samoa, Guam, and the Northern Mariana 
Islands. 
42 use 13883. 
SEC. 31904. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION.—^There are authorized to be appropriated 
to carry out this subtitle— 
-> 
(1) $3,600,000 for fiscal year 1996; 
(2) $3,600,000 for fiscal year 1997; 
(3) $3,600,000 for fiscal year 1998; 
(4) $3,600,000 for fiscal year 1999; and 
(5) $5,400,000 for fiscal year 2000. 
(b) AVAILABILITY OF APPROPRIATIONS.—Of the amount appro-
priated under subsection (a) for any fiscal year— 
(1) 90 percent shall be available to carry out chapter 1; 
and 
(2) 10 percent shall be available to carry out chapter 2. 
CHAPTER 1—GRANTS TO STATES 
42 use 13891. 
SEC. 31911. AUTHORITY TO MAKE GRANTS. 
(a) GENERAL AUTHORITY.—^The Attorney General may make 
grants, on a competitive basis, to States to carry out in accordance 
with this subtitle family unity demonstration projects that enable 
eligible offenders to live in community correctional facilities with 
their children. 
(b) PREFERENCES.—For the purpose of making grants under 
subsection (a), the Attorney (General shall give preference to a 
State that includes in the application required by section 31912 
assurances that if the State receives a grant— 
(1) both the State corrections agency and the State health 
and human services agency will participate substantially in, 
and cooperate closely in all aspects of, the development and 
operation of the family unity demonstration project for which 
such a grant is requested; 
(2) boards made up of community members, including resi-
dents, local businesses, corrections officials, former prisoners, 
child development professionals, educators, and maternal and 
child health professionals will be established to advise the 
State regarding the operation of such project; 
(3) the State has in effect a policy that provides for the 
placement of all prisoners, whenever possible, in correctional 
facilities for which they qualify that are located closest to 
their respective family homes; 
(4) unless the Attorney General determines that a longer 
timeline is appropriate in a particular case, the State will 
implement the project not later than 180 days after receiving 
a grant under subsection (a) and will expend all of the grant 
during a 1-year period; 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1895 
(5) the State has the capacity to continue implementing 
a community correctional facility beyond the funding period 
to ensure the continuity of the work; 
(6) unless the Attorney General determines that a different 
process for selecting participants in a project is desirable, the 
State will— 
(A) give written notice to a prisoner, not later than 
30 days after the State first receives a grant under sub-
section (a) or 30 days after the prisoner is sentenced to 
a term of imprisonment of not more than 7 years (which-
ever is later), of the proposed or current operation of the 
project; 
(B) accept at any time at which the project is in oper-
ation an application by a prisoner to participate in the 
project if, at the time of application, the remainder of 
the prisoner's sentence exceeds 180 days; 
(C) review applications by prisoners in the sequence 
in which the State receives such applications; and 
(D) not more than 50 days after reviewing such applica-
tions approve or disapprove the application; and 
(7) for the purposes of selecting eligible offenders to partici-
pate in such project, the State has authorized State courts 
to sentence an eligible offender directly to a community correc-
tional facility, provided that the court gives assurances that 
the offender would have otherwise served a term of imprison-
ment. 
(c) SELECTION OF GRANTEES.—^The Attorney General shall make Regulations, 
grants under subsection (a) on a competitive basis, based on such 
criteria as the Attorney General shall issue by rule and taking 
into account the preferences described in subsection (b). 
SEC. 31912. ELIGffilLITY TO RECEIVE GRANTS. 
42 USC 13892. 
To be eligible to receive a grant under section 31911, a State 
shall submit to the Attorney Greneral an application at such time, 
in such form, and containing such information as the Attorney 
General reasonably may require by rule. 
SEC. 31913. REPORT. 
42 USC 13893. 
(a) IN GENERAL.—^A State that receives a grant under this 
title shall, not later than 90 days after the 1-year period in which 
the grant is required to be expended, submit a report to the Attorney 
General regarding the family unity demonstration project for which 
the grant was expended. 
(b) CONTENTS.—A report under subsection (a) shall— 
(1) state the number of prisoners who submitted applica-
tions to participate in the project and the number of prisoners 
who were placed in community correctional facilities; 
(2) state, with respect to prisoners placed in the project, 
the number of prisoners who are returned to that jurisdiction 
and custody and the reasons for such return; 
(3) describe the nature and scope of educational and train-
ing activities provided to prisoners participating in the project; 
(4) state the number, and describe the scope of, contracts 
made with public and nonprofit private community-based 
organizations to carry out such project; and 
(5) evaluate the effectiveness of the project in accomplishing 
the purposes described in section 31902. 
108 STAT. 1896 
PUBLIC LAW 103-322—SEPT. 13, 1994 ' 
CHAPTER 2—FAMILY UNITY DEMONSTRATION PROJECT 
FOR FEDERAL PRISONERS 
42 use 13901. 
SEC. 31921. AUTHORITY OF THE ATTORNEY GENERAL. 
(a) IN GENERAL.—^With the funds available to carry out this 
subtitle for the benefit of Federal prisoners, the Attorney General, 
acting through the Director of the Bureau of Prisons, shall select 
eligible prisoners to live in community correctional facilities with 
their children. 
(b) GENERAL CONTRACTING AUTHORITY.—In implementing this 
title, the Attorney Greneral may enter into contracts with appro-
priate public or private agencies to provide housing, sustenance, 
services, and supervision of inmates eligible for placement in 
community correctional facilities under this title. 
(c) USE OF STATE FACILITIES.—At the discretion of the Attorney 
General, Federal participants may be placed in State projects as 
defined in chapter 1. For such participants, the Attorney General 
shall, with funds available under section 31904(b)(2), reimburse 
the State for all project costs related to the Federal participant's 
placement, including administrative costs. 
42 use 13902. 
SEC. 31922. REQUIREMENTS. 
For the purpose of placing Federal participants in a family 
unity demonstration project under section 31921, the Attorney Gen-
eral shall consult with the Secretary of Health and Human Services 
regarding the development and operation of the project. 
Subtitle T—Substance Abuse Treatment in 
Federal Prisons 
SEC. 32001. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS. 
Section 3621 of title 18, United States Code, is amended— 
(1) in the last sentence of subsection (b), by striking ", 
to the extent practicable,"; and 
(2) by adding at the end the following new subsection: 
"(e) SUBSTANCE ABUSE TREATMENT.— 
"(1) PHASE-IN.—In order to carry out the requirement of 
the last sentence of subsection (b) of this section, that every 
prisoner with a substance abuse problem have the opportunity 
to participate in appropriate substance abuse treatment, the 
Bureau of Prisons shall, subject to the availability of appropria-
tions, provide residential substance abuse treatment (and make 
arrangements for appropriate aftercare)— 
"(A) for not less than 50 percent of eligible prisoners 
by the end of fiscal year 1995, with priority for such treat-
ment accorded based on an eligible prisoner's proximity 
to release date; 
"(B) for not less than 75 percent of eligible prisoners 
by the end of fiscal year 1996, with priority for such treat-
ment accorded based on an eligible prisoner's proximity 
to release date; and 
"(C) for all eligible prisoners by the end of fiscal year 
1997 and thereafter, with priority for such treatment 
accorded based on an eligible prisoner's proximity to release 
date. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1897 
"(2) 
INCENTIVE FOR PRISONERS' SUCCESSFUL COMPLETION 
OF TREATMENT PROGRAM.— 
"(A) GENERALLY.—^Any prisoner who, in the judgment 
of the Director of the Bureau of Prisons, has successfully 
completed a program of residential substance abuse treat-
ment provided under paragraph (1) of this subsection, shall 
remain in the custody of the Bureau under such conditions 
as the Bureau deems appropriate. If the conditions of 
confinement are different from those the prisoner would 
have experienced absent the successful completion of the 
treatment, the Bureau shall periodically test the prisoner 
for substance abuse and discontinue such conditions on 
determining that substance abuse has recurred. 
"(B) PERIOD OF CUSTODY.—^The period a prisoner con-
victed of a nonviolent offense remains in custody after 
successfully completing a treatment program may be 
reduced by the Bureau of Prisons, but such reduction may 
not be more than one year from the term the prisoner 
must otherwise serve. 
"(3) REPORT.—^The Bureau of Prisons shall transmit to 
the Committees on the Judiciary of the Senate and the House 
of Representatives on January 1, 1995, and on January 1 
of each year thereafter, a report. Such report shall contain— 
"(A) a detailed quantitative and qualitative description 
of each substance abuse treatment program, residential 
or not, operated by the Bureau; 
"(B) a full explanation of how eligibility for such pro-
grams is determined, with complete information on what 
proportion of prisoners with substance abuse problems are 
eligible; and 
"(C) a complete statement of to what extent the Bureau 
has achieved compliance with the requirements of this 
title. 
"(4) 
AUTHORIZATION 
OF 
APPROPRIATIONS.—There 
are 
authorized to be appropriated to carry out this subsection— 
"(A) $13,500,000 for fiscal year 1996; 
"(B) $18,900,000 for fiscal year 1997; 
"(C) $25,200,000 for fiscal year 1998; 
"(D) $27,000,000 for fiscal year 1999; and 
"(E) $27,900,000 for fiscal year 2000. 
"(5) DEFINITIONS.—^As used in this subsection— 
"(A) the term 'residential substance abuse treatment' 
means a course of individual and group activities, lasting 
between 6 £ind 12 months, in residential treatment facilities 
set apart from the general prison population— 
"(i) directed at the substance abuse problems of 
the prisoner; and 
"(ii) intended to develop the prisoner's cognitive, 
behavioral, social, vocational, and other skills so as 
to solve the prisoner's substance abuse and related 
problems; 
"(B) the term 'eligible prisoner' means a prisoner who 
is— 
"(i) determined by the Bureau of Prisons to have 
a substance abuse problem; and 
"(ii) willing to participate in a residential sub-
stance abuse treatment program; and 
108 STAT. 1898 
PUBLIC LAW 103-322—SEPT. 13, 1994 
42 use 3797. 
"(C) the term 'aftercare' means placement, 
case 
management and monitoring of the participant in a commu-
nity-based substance abuse treatment program when the 
participant leaves the custody of the Bureau of Prisons. 
"(6) COORDINATION OF FEDERAL ASSISTANCE.—^The Bureau 
of Prisons shall consult with the Department of Health and 
Human Services concerning substance abuse treatment and 
related services and the incorporation of applicable components 
of existing comprehensive approaches including relapse preven-
tion and aftercare services.". 
Subtitle U—^Residential Substance Abuse 
Treatment for State Prisoners 
SEC. 32101. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE 
PRISONERS. 
(a) 
RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRIS-
ONERS.—Title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 20201(a), 
is amended— 
(1) by redesignating part S as part T; 
(2) by redesignating section 1901 as section 2001; and 
(3) by inserting after part R the following new part: 
"PART S—RESIDENTIAL SUBSTANCE ABUSE 
TREATMENT FOR STATE PRISONERS 
42 use 3796ff. 
"SEC. 1901. GRANT AUTHORIZATION. 
"(a) The Attorney General may make grants under this part 
to States, for use by States and units of local government for 
the purpose of developing and implementing residential substance 
abuse treatment programs within State correctional facilities, as 
well as within local correctional and detention facilities in which 
inmates are incarcerated for a period of time sufficient to permit 
substance abuse treatment. 
"(b) CONSULTATION.—The Attorney General shall consult with 
the Secretary of Health and Human Services to ensure that projects 
of substance abuse treatment and related services for State pris-
oners incorporate applicable components of existing comprehensive 
approaches including relapse prevention and aftercare services. 
42 u s e 3796ff-l. "SEC. 1902. STATE APPLICATIONS. 
"(a) IN GENERAL.—(1) To request a grant under this part the 
chief executive of a State shall submit an application to the Attorney 
General in such form and containing such information as the Attor-
ney General may reasonably require. 
"(2) Such application shall include assurances that Federal 
funds received under this part shall be used to supplement, not 
supplant, non-Federal funds that would otherwise be available for 
activities funded under this part. 
"(3) Such 
application 
shall 
coordinate 
the 
design 
and 
implementation of treatment programs between State correctional 
representatives and the State Alcohol and Drug Abuse agency (and, 
if appropriate, between representatives of local correctional agencies 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1899 
and representatives of either the State alcohol and drug abuse 
agency or any appropriate local alcohol and drug abuse agency). 
"(b) SUBSTANCE ABUSE TESTING REQUIREMENT.—TO be eligible 
to receive funds under this part, a State must agree to implement 
or continue to require urinalysis or other proven reliable forms 
of testing of individuals in correctional residential substance abuse 
treatment programs. Such testing shall include individuals released 
from residential substance abuse treatment programs who remain 
in the custody of the State. 
"(c) ELIGIBILITY FOR PREFERENCE WITH AFTER CARE COMPO-
NENT.— 
"(1) To be eligible for a preference under this part, a 
State must ensure that individuals who participate in the sub-
stance abuse treatment program established or implemented 
with assistance provided under this part will be provided with 
aftercare services. 
"(2) State aftercare services must involve the coordination 
of the correctional facility treatment program with other human 
service and rehabilitation programs, such as educational and 
job training programs, parole supervision programs, half-way 
house programs, and participation in self-help and peer group 
programs, that may aid in the rehabilitation of individuals 
in the substance abuse treatment program. 
"(3) To qualify as an aftercare program, the head of the 
substance abuse treatment program, in conjunction with State 
and local authorities and organizations involved in substance 
abuse treatment, shall assist in placement of substance abuse 
treatment program participants with appropriate community 
substance abuse treatment facilities when such individuals 
leave the correctional facility at the end of a sentence or on 
parole. 
"(d) COORDINATION OF FEDERAL ASSISTANCE.—Each application 
submitted for a grant under this section shall include a description 
of how the funds made available under this section will be coordi-
nated with Federal assistance for substance abuse treatment and 
aftercare services currently provided by the Department of Health 
and Human Services' Substance Abuse and Mental Health Services 
Administration. 
"(e) STATE OFFICE.—The Office designated under section 507— 
"(1) shall prepare the application as required under this 
section; and 
"(2) shall administer grant funds received under this part, 
including review of spending, processing, progress, financial 
reporting, technical assistance, grant adjustments, accounting, 
auditing, and fund disbursement. 
"SEC. 1903. REVIEW OF STATE APPLICATIONS. 
42 USC 3796ff-2. 
"(a) IN GENERAL.—^The Attorney General shall make a grant 
under section 1901 to carry out the projects described in the applica-
tion submitted under section 1902 upon determining that— 
"(1) the application is consistent with the requirements 
of this part; and 
"(2) before the approval of the application the Attorney 
General has made an affirmative finding in writing that the 
proposed project has been reviewed in accordance with this 
part. 
108 STAT. 1900 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(b) APPROVAL.—^Each application submitted under section 1902 
shall be considered approved, in whole or in part, by the Attorney 
General not later than 90 days after first received unless the 
Attorney General informs the applicant of specific reasons for dis-
approval. 
"(c) RESTRICTION.—Grant funds received under this part shall 
not be used for land acquisition or construction projects. 
"(d) DISAPPROVAL NOTICE AND RECONSIDERATION.—The Attor-
ney General shall not disapprove any application without first 
affording the applicant reasonable notice and an opportunity for 
reconsideration. 
42 u s e 3796ff-3. 
"SEC. 1904. ALLOCATION AND DISTRIBUTION OF FUNDS. 
"(a) ALLOCATION.—Of the total amount appropriated under this 
part in any fiscal year— 
"(1) 0.4 percent shall be allocated to each of the participat-
ing States; and 
"(2) of the total funds remaining after the allocation under 
paragraph (1), there shall be allocated to each of the participat-
ing States an amount which bears the same ratio to the amount 
of remaining funds described in this paragraph as the State 
f
)rison population of such State bears to the total prison popu-
ation of all the participating States. 
"(b) FEDERAL SHARE.—^The Federal share of a grant made under 
this part may not exceed 75 percent of the total costs of the 
projects described in the application submitted under section 1902 
for the fiscal year for which the projects receive assistance under 
this part. 
42 u s e 3796ff-4. 
"SEC. 1905. EVALUATION. 
"Each State that receives a grant under this part shall submit 
to the Attorney General an evaluation not later than March 1 
of each year in such form and containing such information as 
the Attorney CJeneral may reasonably require.". 
(b) TECHNICAL AMENDMENT.—The table of contents of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3711 et seq.), as amended by section 20201(b), is amended 
by inserting after the matter relating to part R the following new 
part: 
"PART S—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS 
"Sec. 1901. Grant authorization. 
"Sec. 1902. State applications. 
"Sec. 1903. Review of State applications. 
"Sec. 1904. Allocation and distribution of funds. 
"Sec. 1905. Evaluation. 
"PART T—TRANSITION-EFFECTIVE DATE-REPEALER 
"Sec. 2001. Confirmation of rules, authorities, and proceedings.". 
(c) DEFINITIONS.—Section 901(a) of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3791(a)), as amended 
by section 20201(c), is amended— 
(1) by striking "and" at the end of paragraph (23); 
(2) by striking the period at the end of paragraph (24) 
and inserting "; £ind"; and 
(3) by adding at the end the following new paragraph: 
"(25) the term 'residential substance abuse treatment pro-
gram' means a course of individual and group activities, lasting 
between 6 and 12 months, in residential treatment facilities 
set apart from the general prison population— 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1901 
"(A) directed at the substance abuse problems of the 
prisoner; and 
"(B) intended to develop the prisoner's cognitive, behav-
ioral, social, vocational, and other skills so as to solve 
the prisoner's substance abuse and related problems.", 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a) of 
title I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3793), as amended by section 20201(d), is 
amended— 
(1) in paragraph (3) by striking "and R" and inserting 
"R, or S"; and 
(2) by adding at the end the following new paragraph: 
"(17) There are authorized to be appropriated to carry out 
the projects under part S— 
"(A) $27,000,000 for fiscal year 1996 
"(B) $36,000,000 for fiscal year 1997 
"(C) $63,000,000 for fiscal year 1998 
"(D) $72,000,000 for fiscal year 1999; and 
"(E) $72,000,000 for fiscal year 2000.". 
Subtitle V—Prevention, Diagnosis, and ^
^
^
^
^
^
^ 
Treatment of Tuberculosis in Correc-
tional Institutions 
SEC. 32201. PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBER-
CULOSIS IN CORRECTIONAL INSTITUTIONS. 
(a) GUIDELINES.—^The Attorney (General, in consultation with 
the Secretary of Health and Human Services and the Director 
of the National Institute of Corrections, shall develop and dissemi-
nate to appropriate entities, including State, Indian tribal, and 
local correctional institutions and the Immigration and Naturaliza-
tion Service, guidelines for the prevention, diagnosis, treatment, 
and foUowup care of tuberculosis among inmates of correctional 
institutions and persons held in holding facilities operated by or 
under contract with the Immigration and Naturalization Service. 
(b) COMPLIANCE.—The Attorney General shall ensure that pris-
ons in the Federal prison system and holding facilities operated 
by or under contract with the Immigration and Naturalization 
Service comply with the guidelines described in subsection (a). 
(c) GRANTS.— 
(1) IN GENERAL.—The Attorney General shall make grants 
to State, Indian tribal, and local correction authorities and 
public health authorities to assist in establishing and operating 
programs for the prevention, diagnosis, treatment, and followup 
care of tuberculosis among inmates of correctional institutions. 
(2) FEDERAL SHARE.—^The Federal share of funding of a 
program funded with a grant under paragraph (1) shall not 
exceed 50 percent. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to carry out this section— 
(A) $700,000 for fiscal year 1996; 
(B) $1,000,000 for fiscal year 1997; 
(C) $1,000,000 for fiscal year 1998; 
(D) $1,100,000 for fiscal year 1999; and 
(E) $1,200,000 for fiscal year 2000. 
42 use 1391L 
108 STAT. 1902 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(d) DEFINITIONS.—In this section— 
"Indian tribe" means a tribe, band, pueblo, nation, or other 
organized group or community of Indians, including an Alaska 
Native village (as defined in or established under the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that 
is recognized as eligible for the special programs and services 
provided by the United States to Indians because of their 
status as Indians. 
"State" means a State, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, American Samoa, Guam, and the 
United States Virgin Islands. 
Subtitle X—Gang Resistance Education 
and Training 
42 u s e 13921. 
SEC. 32401. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS. 
(a) ESTABLISHMENT OF PROJECTS.— 
(1) IN GENERAL.—^The Secretary of the Treasury shall estab-
lish not less than 50 Gang Resistance Education and Training 
(GREAT) projects, to be located in communities across the 
country, in addition to the number of projects currently funded. 
(2) SELECTION OF COMMUNITIES.—Communities identified 
for such GREAT projects shall be selected by the Secretary 
of the Treasury on the basis of gang-related activity in that 
particular community. 
(3) AMOUNT OF ASSISTANCE PER PROJECT; ALLOCATION.— 
The Secretary of the Treasury shall make available not less 
than $800,000 per project, subject to the availability of appro-
priations, and such funds shall be allocated— 
(A) 50 percent to the affected State and local law 
enforcement and prevention organizations participating in 
such projects; and 
(B) 50 percent to the Bureau of Alcohol, Tobacco and 
Firearms for salaries, expenses, and associated administra-
tive costs for operating and overseeing such projects. 
(b) AUTHORIZATION OF APPROPRIATIONS.—^There is authorized 
to be appropriated to carry out this section— 
(1) $9,000,000 for fiscal year 1995; 
(2) $7,200,000 for fiscal year 1996; 
(3) $7,200,000 for fiscal year 1997; 
(4) $7,200,000 for fiscal year 1998; 
(5) $7,200,000 for fiscal year 1999; and 
(6) $7,720,000 for fiscal year 2000. 
w
o
m
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n
^
A
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f 
"
'
* TITLE IV—VIOLENCE AGAINST WOMEN 
of 1994. 
42 u s e 13701 
SEC. 40001. SHORT TITLE. 
This title may be cited as the "Violence Against Women Act 
of 1994". 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1903 
Subtitle A—Safe Streets for Women 
SEC. 40101. SHORT TITLE. 
This subtitle may be cited as the "Safe Streets for Women 
Act of 1994". 
CHAPTER 1—FEDERAL PENALTIES FOR SEX CRIMES 
SEC. 40111. REPEAT OFFENDERS. 
(a) IN GENERAL.—Chapter 109A of title 18, United States Code, 
is amended by adding at the end the following new section: 
''§ 2247. Repeat offenders 
"Any person who violates a provision of this chapter, after 
one or more prior convictions for an offense punishable under this 
chapter, or aiter one or more prior convictions under the laws 
of any State relating to aggravated sexual abuse, sexual abuse, 
or abusive sexual contact have become final, is punishable by a 
term of imprisonment up to twice that otherwise authorized.". 
(b) AMENDMENT OF SENTENCING GUIDELINES.—The Sentencing 
Commission shall implement the amendment made by subsection 
(a) by promulgating amendments, if appropriate, in the sentencing 
guidelines applicable to chapter 109A offenses. 
(c) CHAPTER ANALYSIS.—The chapter analysis for chapter 109A 
of title 18, United States Code, is amended by adding at the end 
the following new item: 
"2247. Repeat offenders.". 
SEC. 40112. FEDERAL PENALTIES. 
(a) AMENDMENT OF SENTENCING GUIDELINES.—Pursuant to its 
authority under section 994(p) of title 28, United States Code, 
the United States Sentencing Commission shsJl review and amend, 
where necesssiry, its sentencing guidelines on aggravated sexual 
abuse under section 2241 of title 18, United States Code, or sexual 
abuse under section 2242 of title 18, United States Code, as follows: 
(1) The Commission shall review and promulgate amend-
ments to the guidelines, if appropriate, to enhance penalties 
if more than 1 offender is involved in the offense. 
(2) The Commission shall review and promulgate amend-
ments to the guidelines, if appropriate, to reduce unwarranted 
disparities between the sentences for sex offenders who are 
known to the victim and sentences for sex offenders who are 
not known to the victim. 
(3) The Commission shall review and promulgate amend-
ments to the guidelines to enhance penalties, if appropriate, 
to render Federal penalties on Federal territory commensurate 
with penalties for similar offenses in the States. 
(4) The Commission shall review and promulgate amend-
ments to the guidelines, if appropriate, to account for the gen-
eral problem of recidivism in cases of sex offenses, the severity 
of the offense, and its devastating effects on survivors. 
(b) REPORT.—^Not later than 180 days gifter the date of enact-
ment of this Act, the United States Sentencing Commission shall 
review and submit to Congress a report containing an analysis 
of Federal rape sentencing, accompanied by comment 
from 
independent experts in the field, describing— 
Safe Streets for 
Women Act of 
1994. 
42 use 13701 
note. 
28 u s e 994 note. 
28 u s e 994 note. 
108 STAT. 1904 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(1) comparative Federal sentences for cases in which the 
rape victim is known to the defendant and cases in which 
the rape victim is not known to the defendant; 
(2) comparative Federal sentences for cases on Federal 
territory and sentences in surrounding States; and 
(3) an analysis of the effect of rape sentences on populations 
residing primarily on Federal territory relative to the impact 
of other Federal offenses in which the existence of Federal 
jurisdiction depends upon the offense's being committed on 
Federal territory. 
SEC. 40113. MANDATORY RESTITUTION FOR SEX CRIMES. 
(a) SEXUAL ABUSE.— 
(1) IN GENERAL.—Chapter 109A of title 18, United States 
Code, is amended by adding at the end the following new 
section: 
*
*
§ 2248. Mandatory restitution 
"(a) IN GENERAL.—^Notwithstanding section 3663, and in addi-
tion to any other civil or criminal penalty authorized by law, the 
court shall order restitution for any offense under this chapter. 
"(b) SCOPE AND NATURE OF ORDER.— 
"(1) DIRECTIONS.—^The order of restitution under this sec-
tion shall direct that— 
"(A) the defendant pay to the victim (through the 
appropriate court mechsmism) the full amount of the vic-
tim's losses as determined by the court, pursuant to para-
graph (3); and 
"(B) the United States Attorney enforce the restitution 
order by all available and reasonable means. 
"(2) ENFORCEMENT BY VICTIM.—An order of restitution also 
may be enforced by a victim named in the order to receive 
the restitution in the same manner as a judgment in a civil 
action. 
"(3) DEFINITION.—For purposes of this subsection, the term 
'full amount of the victim's losses' includes any costs incurred 
by the victim for— 
"(A) medical services relating to physical, psychiatric, 
or psychological care; 
"(B) physical and occupational therapy or rehabilita-
tion; 
"(C) necessary transportation, temporary housing, and 
child care expenses; 
"(D) lost income; 
"(E) attorneys' fees, plus any costs incurred in obtain-
ing a civil protection order; and 
"(F) any other losses suffered by the victim as a proxi-
mate result of the offense. 
"(4) ORDER MANDATORY.—(A) The issuance of a restitution 
order under this section is mandatory, 
"(B) A court may not decline to issue an order under 
this section because of— 
"(i) the economic circumstances of the defendant; or 
"(ii) the fact that a victim has, or is entitled to, receive 
compensation for his or her injuries from the proceeds 
of insurance or any other source. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1905 
"(C)(i) Notwithstanding subparagraph (A), the court may 
take into account the economic circumstances of the defendant 
^ 
in determining the manner in which and the schedule according 
to which the restitution is to be paid. 
"(ii) For purposes of this subparagraph, the term 'economic 
circumstances' includes— 
"(I) the financial resources and other assets of the 
defendant; 
"(II) projected earnings, earning capacity, and other 
income of the defendant; and 
"(III) any financial obligations of the defendant, includ-
ing obligations to dependents. 
"(D) Subparagraph (A) does not apply if— 
"(i) the court finds on the record that the economic 
circumstances of the defendant do not allow for the pay-
ment of any amount of a restitution order, and do not 
allow for the payment of any or some portion of the amount 
of a restitution order in the foreseeable future (under any 
reasonable schedule of payments); and 
"(ii) the court enters in its order the amount of the 
victim's losses, and provides a nominal restitution award, 
"(5) MORE THAN i OFFENDER.—^When the court finds that 
more than 1 offender has contributed to the loss of a victim, 
the court may make each offender liable for payment of the 
full amount of restitution or may apportion liability among 
the offenders to reflect the level of contribution and economic 
circumstances of each offender. 
"(6) MORE THAN i VICTIM.—When the court finds that more 
than 1 victim has sustained a loss requiring restitution by 
an offender, the court shall order full restitution of each victim 
but may provide for different payment schedules to reflect 
the economic circumstances of each victim, 
"(7) PAYMENT SCHEDULE.—^An order under this section may 
direct the defendant to make a single lump-sum payment or 
partial payments at specified intervals. 
"(8) SETOFF.—^Any amount paid to a victim under this 
section shall be set off against any amount later recovered 
as compensatory damages by the victim from the defendant 
in— 
"(A) any Federal civil proceeding; and 
"(B) any State civil proceeding, to the extent provided 
by the law of the State. 
"(9) EFFECT ON OTHER SOURCES OF COMPENSATION.—The 
issuance of a restitution order shall not affect the entitlement 
of a victim to receive compensation with respect to a loss 
from insurance or any other source until the payments actually 
received by the victim under the restitution order fully com-
pensate the victim for the loss. 
"(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.— 
Compliance with a restitution order issued under this section 
shall be a condition of any probation or supervised release 
of a defendant. If £in offender fails to comply with a restitution 
order, the court may, after a hearing, revoke probation or 
a term of supervised release, modify the terms or conditions 
of probation or a term of supervised release, or hold the defend-
ant in contempt pursuant to section 3583(e). In determining 
whether to revoke probation or a term of supervised release. 
108 STAT. 1906 
PUBLIC LAW 103-322—SEPT. 13, 1994 
modify the terms or conditions of probation or supervised 
release or hold a defendant serving a term of supervised release 
in contempt, the court shall consider the defendant's employ-
ment status, earning ability and financial resources, the willful-
ness of the defendant's failure to comply, and any other cir-
cumstances that may have a bearing on the defendant's ability 
to comply. 
"(c) PROOF OF CLAIM.— 
"(1) AFFIDAVIT.—^Within 60 days after conviction and, in 
any event, not later than 10 days prior to sentencing, the 
United States Attorney (or the United States Attorney's 
delegee), after consulting with the victim, shall prepare and 
file an affidavit with the court listing the amounts subject 
to restitution under this section. The affidavit shall be signed 
by the United States Attorney (or the United States Attorneys 
delegee) and the victim. Should the victim object to any of 
the information included in the affidavit, the United States 
Attorney (or the United States Attorney's delegee) shall advise 
the victim that the victim may file a separate affidavit and 
shall provide the victim with an affidavit form which may 
be used to do so. 
"(2) OBJECTION.—If, after the defendant has been notified 
of the Eiffidavit, no objection is raised by the defendant, the 
amounts attested to in the affidavit filed pursuant to paragraph 
(1) shall be entered in the court's restitution order. If objection 
is raised, the court may require the victim or the United States 
Attorney (or the United States Attorneys delegee) to submit 
further siffidavits or other supporting documents, demonstrating 
the victim's losses. 
"(3) ADDITIONAL DOCUMENTATION AND TESTIMONY.—If the 
court concludes, after reviewing the supporting documentation 
and considering the defendant's objections, that there is a 
substantial reason for doubting the authenticity or veracity 
of the records submitted, the court may require additional 
documentation or hear testimony on those questions. The pri-
vacy of any records filed, or testimony heard, pursuant to 
this section shall be maintained to the greatest extent possible, 
and such records may be filed or testimony heard in camera. 
"(4) FINAL DETERMINATION OF LOSSES.—If the victim's 
losses are not ascertainable by the date that is 10 days prior 
to sentencing as provided in paragraph (1), the United States 
Attorney (or the United States Attorney's delegee) shall so 
inform the court, and the court shall set a date for the final 
determination of the victim's losses, not to exceed 90 days 
after sentencing. If the victim subsequently discovers further 
losses, the victim shall have 60 days after discovery of those 
losses in which to petition the court for an amended restitution 
order. Such order may be granted only upon a showing of 
good cause for the failure to include such losses in the initial 
claim for restitutionary relief. 
"(d) MODIFICATION OF ORDER,—^A victim or the offender may 
petition the court at any time to modify a restitution order as 
appropriate in view of a change in the economic circumstances 
of the offender, 
"(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER.—The 
court may refer any issue arising in connection with a proposed 
order of restitution to a magistrate or special master for proposed 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1907 
findings of fact and recommendations as to disposition, subject 
to a de novo determination of the issue by the court. 
"(f) DEFINITION.—For purposes of this section, the term 'victim' 
means the individual harmed as a result of a commission of a 
crime under this chapter, including, in the case of a victim who 
is under 18 years of age, incompetent, incapacitated, or deceased, 
the legal guardian of the victim or representative of the victim's 
estate, another family member, or any other person appointed as 
suitable by the court, but in no event shall the defendant be 
named as such representative or guardian.". 
(2) TECHNICAL AMENDMENT.—The chapter analysis for 
chapter 109A of title 18, United States Code, is amended by 
adding at the end the following new item: 
"2248. Mandatory restitution.". 
(b) SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN.— 
(1) IN GENERAL.—Chapter 110 of title 18, United States 
^ 
Code, is amended by adding at the end the following new 
section: 
*
*
§ 2259. Mandatory restitution 
"(a) IN GENERAL.—^Notwithstanding section 3663, and in addi-
tion to any other civil or criminal penalty authorized by law, the 
court shall order restitution for any offense under this chapter. 
"(b) SCOPE AND NATURE OF ORDER.— 
"(1) DIRECTIONS.—^The order of restitution under this sec-
tion shall direct that— 
"(A) the defendant pay to the victim (through the 
appropriate court mechanism) the full amount of the vic-
tim's losses as determined by the court, pursuant to para-
graph (3); and 
"(B) the United States Attorney enforce the restitution 
order by all available and reasonable means. 
"(2) ENFORCEMENT BY VICTIM.—An order of restitution may 
also be enforced by a victim named in the order to receive 
the restitution in the same manner as a judgment in a civil 
action. 
"(3) DEFINITION.—For purposes of this subsection, the term 
'full amount of the victim's losses' includes any costs incurred 
by the victim for— 
"(A) medical services relating to physical, psychiatric, 
or psychological care; 
"(B) physical and occupational therapy or rehabilita-
tion; 
"(C) necessary transportation, temporary housing, and 
child care expenses; 
"(D) lost income; 
"(E) attorneys' fees, as well as other costs incurred; 
and 
"(F) any other losses suffered by the victim as a proxi-
mate result of the offense. 
"(4) ORDER MANDATORY.—(A) The issuance of a restitution 
order under this section is mandatory. 
"(B) A court may not decline to issue an order under 
this section because of— 
"(i) the economic circumstances of the defendant; or 
108 STAT. 1908 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(ii) the fact that a victim has, or is entitled to, receive 
compensation for his or her injuries from the proceeds 
of insurance or any other source. 
"(C)(i) Notwithstanding subparagraph (A), the court may 
take into account the economic circumstances of the defendant 
in determining the manner in which and the schedule according 
to which the restitution is to be paid. 
"(ii) For purposes of this subparagraph, the term 'economic 
; circumstances' includes— 
"(I) the financigd resources and other assets of the 
defendant; 
"(II) projected earnings, earning capacity, and other 
income of the defendant; and 
"(III) any financial obligations of the defendant, includ-
ing obligations to dependents. 
"(D) Subparagraph (A) does not apply if— 
"(i) the court finds on the record that the economic 
circumstances of the defendant do not allow for the pay-
ment of any amount of a restitution order, and do not 
allow for the payment of any or some portion of the amount 
of a restitution order in the foreseeable future (under any 
reasonable schedule of pajrments); and 
"(ii) the court enters in its order the amount of the 
victim's losses, and provides a nominal restitution award. 
"(5) MORE THAN i OFFENDER.—When the court finds that 
more than 1 offender has contributed to the loss of a victim, 
the court may make each offender liable for payment of the 
full amount of restitution or may apportion liability among 
the offenders to reflect the level of contribution and economic 
circumstances of each offiender. 
"(6) MORE THAN i VICTIM.—When the court finds that more 
than 1 victim has sustained a loss requiring restitution by 
an offender, the court shall order full restitution of each victim 
but may provide for different payment schedules to reflect 
the economic circumstances of each victim. 
"(7) PAYMENT SCHEDULE.—^An order under this section may 
direct the defendant to make a single lump-sum payment or 
partial pa3niients at specified intervals. 
"(8) SETOFF.—^Any amount paid to a victim under this 
section shall be set off" agsdnst any amount later recovered 
as compensatory damages by the victim from the defendant 
in— 
"(A) any Federal civil proceeding; and 
"(B) any State civil proceeding, to the extent provided 
by the law of the State. 
"(9) EFFECT ON OTHER SOURCES OF COMPENSATION.—The 
issuance of a restitution order shall not affect the entitlement 
of a victim to receive compensation with respect to a loss 
from insurance or any other source until the payments actually 
received by the victim under the restitution order fully com-
pensate the victim for the loss. 
"(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.— 
Compliance with a restitution order issued under this section 
shall be a condition of any probation or supervised release 
of a defendant. If an offender fails to comply with a restitution 
order, the court may, after a hearing, revoke probation or 
a term of supervised release, modify the terms or conditions 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1909 
of probation or a term of supervised release, or hold the defend-
ant in contempt pursuant to section 3583(e). In determining 
whether to revoke probation or a term of supervised release, 
modify the terms or conditions of probation or supervised 
release or hold a defendant serving a term of supervised release 
in contempt, the court shsdl consider the defendeint's employ-
ment status, earning ability and financial resources, the willful-
ness of the defendant's failure to comply, and any other cir-
cumstances that may have a bearing on the defendant's ability 
to comply. 
"(c) PROOF OF CLAIM.— 
"(1) AFFIDAVIT.—^Within 60 days after conviction and, in 
any event, not later than 10 days prior to sentencing, the 
United States Attorney (or the United States Attorney's 
delegee), after consulting with the victim, shall prepare and 
file an affidavit with the court listing the amounts subject 
to restitution under this section. The affidavit shall be signed 
by the United States Attorney (or the United States Attorney's 
delegee) and the victim. Should the victim object to any of 
the information included in the affidavit, the United States 
Attorney (or the United States Attorney's delegee) shall advise 
the victim that the victim may file a separate affidavit and 
shall provide the victim with an affidavit form which may 
be used to do so. 
"(2) OBJECTION.—If, sifter the defendant has been notified 
of the affidavit, no objection is raised by the defendant, the 
amounts attested to in the affidavit filed pursuant to paragraph 
r 
(1) shall be entered in the court's restitution order. If objection 
is raised, the court may require the victim or the United States 
Attorney (or the United States Attome/s delegee) to submit 
further affidavits or other supporting documents, demonstrating 
the victim's losses. 
"(3) ADDITIONAL DOCUMENTATION AND TESTIMONY.—If the 
court concludes, after reviewing the supporting documentation 
and considering the defendant's objections, that there is a 
substantial reason for doubting the authenticity or veracity 
of the records submitted, the court may require additional 
documentation or hear testimony on those questions. The pri-
vacy of any records filed, or testimony heard, pursuant to 
this section shall be maintained to the greatest extent possible, 
and such records may be filed or testimony heard in camera. 
"(4) FINAL DETERMINATION OF LOSSES.—If the victim's 
losses are not ascertainable by the date that is 10 days prior 
to sentencing as provided in paragraph (1), the United States 
Attorney (or the United States Attorney's delegee) shall so 
inform the court, and the court shall set a date for the final 
determination of the victim's losses, not to exceed 90 days 
after sentencing. If the victim subsequently discovers further 
losses, the victim shall have 60 days after discovery of those 
losses in which to petition the court for an amended restitution 
order. Such order may be granted only upon a showing of 
good cause for the failure to include such losses in the initial 
claim for restitutionary relief. 
"(d) MODIFICATION OF ORDER.—A victim or the offender may 
petition the court at any time to modify a restitution order as 
appropriate in view of a change in the economic circumstances 
of the offender. 
108 STAT. 1910 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER.—^The 
court may refer any issue arising in connection with a proposed 
order of restitution to a magistrate or special master for proposed 
findings of fact and recommendations as to disposition, subject 
to a de novo determination of the issue by the court. 
"(f) DEFINITION.—^For purposes of this section, the term Victim' 
means the individual harmed as a result of a commission of a 
crime under this chapter, including, in the case of a victim who 
is under 18 years of age, incompetent, incapacitated, or deceased, 
the legal guardian of the victim or representative of the victim's 
estate, another family member, or any other person appointed as 
suitable by the court, but in no event shall the defendant be 
named as such representative or guardian.". 
(2) TECHNICAL AMENDMENT.—The chapter analysis for 
chapter 110 of title 18, United States Code, is amended by 
adding at the end the following new item: 
"2259. Mandatory restitution.". 
SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS. 
There are authorized to be appropriated for the United States 
Attorneys for the purpose of appointing Victim/Witness Counselors 
for the prosecution of sex crimes and domestic violence crimes 
where applicable (such as the District of Columbia)— 
(1) $500,000 for fiscal year 1996; 
(2) $500,000 for fiscal year 1997; and 
(3) $500,000 for fiscal year 1998. 
CHAPTER 2—LAW ENFORCEMENT AND PROSECUTION 
GRANTS 
TO REDUCE 
VIOLENT 
CRIMES 
AGAINST 
WOMEN 
SEC. 40121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN. 
(a) IN GENERAL.—^Title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended 
by section 32101(a), is amended— 
(1) by redesignating part T as part U; 
42 use 3797. 
(2) by redesignating section 2001 as section 2101; and 
(3) by inserting after part S the following new part: 
"PART T—GRANTS To COMBAT VIOLENT CRIMES AGAINST WOMEN 
42 use 3796gg. 
"SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS. 
"(a) GENERAL PROGRAM PURPOSE.—The purpose of this part 
is to assist States, Indian tribal governments, and units of local 
government to develop and strengthen effective law enforcement 
and prosecution strategies to combat violent crimes against women, 
and to develop and strengthen victim services in cases involving 
violent crimes against women. 
"(b) PURPOSES FOR WHICH GRANTS MAY BE USED.—Grants 
under this part shall provide personnel, training, technical assist-
£uice, data collection and other equipment for the more widespread 
apprehension, prosecution, and adjudication of persons committing 
violent crimes against women, and specifically, for the purposes 
of— 
"(1) training law enforcement officers and prosecutors to 
more effectively identify and respond to violent crimes against 
-, l - ' t j / " 
.'' 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1911 
women, including the crimes of sexual assault and domestic 
violence; 
"(2) developing, training, or expanding units of law enforce-
ment officers and prosecutors specifically targeting violent 
crimes against women, including the crimes of sexual assault 
and domestic violence; 
"(3) developing and implementing more effective police and 
prosecution policies, protocols, orders, and services specifically 
devoted to preventing, identifying, and responding to violent 
crimes against women, including the crimes of sexual assault 
and domestic violence; 
"(4) developing, installing, or expanding data collection and 
communication systems, including computerized systems, link-
ing police, prosecutors, £ind courts or for the purpose of identify-
ing and tracking arrests, protection orders, violations of protec-
tion orders, prosecutions, and convictions for violent crimes 
against women, including the crimes of sexusd assault and 
domestic violence; 
"(5) developing, enlarging, or strengthening victim services 
programs, including sexual assault and domestic violence pro-
grams, developing or improving delivery of victim services to 
racial, cultural, ethnic, and language minorities, providing 
specialized domestic violence court advocates in courts where 
a significant number of protection orders are grsinted, and 
increasing reporting and reducing attrition rates for cases 
involving violent crimes against women, including crimes of 
sexual assault and domestic violence; 
"(6) developing, enlarging, or strengthening programs 
addressing stsdlang; and 
"(7) developing, enlarging, or strengthening programs 
addressing the needs and circumstsinces of Indian tribes in 
dealing with violent crimes against women, including the crimes 
of sexual assault and domestic violence. 
"SEC. 2002. STATE GRANTS. 
42 USC 
"(a) GENERAL GRANTS.—The Attorney General may make ^'^^^^^~^-
grants to States, for use by States, units of local government, 
nonprofit nongovernmental victim services programs, and Indian 
tribal governments for the purposes described in section 2001(b). 
"(b) AMOUNTS.—Of the amounts appropriated for the purposes 
of this part— 
"(1) 4 percent shall be available for grants to Indian tribal 
governments; 
"(2) $500,000 shall be available for grants to applicants 
in each State; and 
"(3) the remaining funds shall be available for grants to 
applicants in each State in an amount that bears the same 
ratio to the sunount of remaining funds as the population of 
the State bears to the population of all of the States that 
results from a distribution among the States on the basis 
of each State's population in relation to the population of all 
States (not including populations of Indian tribes). 
"(c) QUALIFICATION.—Upon satisfying the terms of subsection 
(d), any State shall be qualified for funds provided under this 
part upon certification that— 
"(1) the funds shall be used for any of the purposes 
described in section 2001(b); 
108 STAT. 1912 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(2) grantees and subgrantees shall develop a plan for 
implementation and shall consult and coordinate with non-
profit, nongovernmental victim services programs, including 
sexual assault and domestic violence victim services programs; 
"(3) at least 25 percent of the amount granted shall be 
allocated, without duplication, to each of the following 3 areas: 
prosecution, law enforcement, and victim services; and 
"(4) any Federal funds received under this part shall be 
used to supplement, not supplant, non-Federal funds that would 
otherwise be available for activities funded under this subtitle. 
"(d) APPLICATION REQUIREMENTS.—The application require-
ments provided in section 513 shall apply to grants made under 
this part. In addition, each application shall include the certifi-
cations of qualification required by subsection (c), including docu-
mentation from nonprofit, nongovernmental victim services pro-
grams, describing their participation in developing the plan required 
by subsection (c)(2). An application shall include— 
"(1) documentation from the prosecution, law enforcement, 
and victim services programs to be assisted, demonstrating— 
"(A) need for the grant funds; 
"(B) intended use of the grant funds; 
"(C) expected results from the use of grant funds; and 
"(D) demographic characteristics of the populations to 
be served, including age, marital status, disability, race, 
ethnicity and l£inguage background; 
"(2) proof of compliance with the requirements for the 
pajrment of forensic medical exams provided in section 2005; 
and 
"(3) proof of compliance with the requirements for paying 
filing and service fees for domestic violence cases provided 
in section 2006. 
"(e) DISBURSEMENT.— 
\ 
"(1) IN GENERAL.—Not later than 60 days after the receipt 
of an application under this part, the Attorney Greneral shall— 
"(A) disburse the appropriate sums provided for under 
this part; or 
"(B) inform the applicant why the application does 
not conform to the terms of section 513 or to the require-
ments of this section. 
"(2) REGULATIONS.—In disbursing monies under this part, 
— the Attorney General shall issue regulations to ensure that 
States will— 
"(A) give priority to areas of varying geographic size 
with the greatest showing of need based on the availability 
• of existing domestic violence and sexual assault programs 
in the population and geographic area to be served in 
relation to the availability of such programs in other such 
populations £ind geographic areas; 
"(B) determine the amount of subgrants based on the 
population and geographic area to be served; 
"(C) equitably distribute monies on a geographic basis 
including nonurban and rural areas of various geographic 
sizes; and 
"(D) recognize and address the needs of underserved 
populations. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1913 
"(f) FEDERAL SHARE.—^The Federal share of a grant made under 
this subtitle may not exceed 75 percent of the total costs of the 
projects described in the application submitted. 
"(g) INDIAN TRIBES.—Funds appropriated by the Congress for 
the activities of any agency of an Indian tribal government or 
of the Bureau of Indian Affairs performing law enforcement func-
tions on any Indian lands may be used to provide the non-Federal 
share of the cost of programs or projects funded under this part. 
"(h) GRANTEE REPORTING.— 
"(1) IN GENERAL.—^Upon completion of the grant period 
under this part, a State or Indian tribal grantee shall file 
a performance report with the Attorney General explaining 
the activities carried out, which report shall include an assess-
ment of the effectiveness of those activities in achieving the 
purposes of this part. 
"(2) CERTIFICATION BY GRANTEE AND SUBGRANTEES.—A sec-
tion of the performance report shall be completed by each 
grantee and subgrantee that performed the direct services con-
templated in the application, certifying performance of direct 
services under the grant. 
"(3) SUSPENSION OF FUNDING.—^The Attorney General shall 
suspend funding for an approved application i
f
— 
"(A) an applicant fails to submit an annual performance 
report; 
"(B) funds are expended for purposes other than those 
described in this part; or 
"(C) a report under paragraph (1) or accompanying 
assessments demonstrate to the Attorney General that the 
program is ineffective or financially unsound. 
*«EC. 2003. DEFmrnoNS. 
42 use 
"Inthispart^ 
'"'^-'-
"(1) the term 'domestic violence' includes felony or mis-
demeanor crimes of violence committed by a current or former 
spouse of the victim, by a person with whom the victim shares 
a child in common, by a person who is cohabitating with or 
has cohabitated with the victim as a spouse, by a person 
similarly situated to a spouse of the victim under tne domestic 
or family violence laws of the jurisdiction receiving grant 
monies, or by any other adult person against a victim who 
is protected from that person's acts under the domestic or 
family violence laws of the jurisdiction receiving grant monies; 
"(2) the term 'Indian country* has the meaning stated in 
section 1151 of title 18, United States Code; 
"(3) the term 'Indian tribe' means a tribe, band, pueblo, 
nation, or other organized group or community of Indians, 
including any Alaska Native village or regional or village cor-
poration (as defined in, or established pursuant to, the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that 
is recognized as eligible for the special programs and services 
provided by the United States to Indians because of their 
status as Indians; 
"(4) the term 'law enforcement' means a public agency 
charged with policing functions, including any of its component 
bureaus (such as governmental victim services programs); 
"(5) the term 'prosecution' means any public agency charged 
with direct responsibility for prosecuting criminal offenders. 
79-194 O—95—6 : QL 3 Part 3 
108 STAT. 1914 
PUBLIC LAW 103-322—SEPT. 13, 1994 
including such agency's component bureaus (such as govern-
mental victim services programs); 
"(6) the term 'sexual assault' means any conduct proscribed 
by chapter 109A of title 18, United States Code, whether or 
not the conduct occurs in the special maritime and territorial 
jurisdiction of the United States or in a Federal prison and 
includes both assaults committed by offenders who are strang-
ers to the victim and assaults committed by offenders who 
are known or related by blood or marriage to the victim; 
"(7) the term 'underserved populations' includes popu-
lations underserved because of geographic location (such as 
rural isolation), underserved racial or ethnic populations, and 
populations underserved because of special needs, such as lan-
guage barriers or phvsical disabilities; and 
"(8) the term Victim services' means a nonprofit, non-
governmental organization that assists domestic violence or 
sexual assault victims, including rape crisis centers, battered 
women's shelters, and other sexual assault or domestic violence 
programs, including nonprofit, nongovernmental organizations 
assisting domestic violence or sexual assault victims through 
the legal process. 
42 use 
"SEC. 2004. GENERAL TERMS AND CONDITIONS. 
^^~ • 
"(a) NONMONETARY ASSISTANCE.—In addition to the assistance 
provided under this part, the Attorney General may request any 
Federal agency to use its authorities and the resources granted 
to it under Federal law (including personnel, equipment, supplies, 
facilities, and managerial, technical, and advisory services) in sup-
port of State, tribal, and local assistance efforts. 
"(b) REPORTING.—Not later than 180 days after the end of 
each fiscal year for which grants are made under this part, the 
Attorney Greneral shall submit to the Committee on the Judiciary 
of the House of Representatives and the Committee on the Judiciary 
of the Senate a report that includes, for each State and for each 
grantee Indian tribe— 
"(1) the number of grants made and funds distributed 
under this part; 
"(2) a summary of the purposes for which those grants 
were provided and an evaluation of their progress; 
"(3) a statistical summary of persons served, detailing the 
nature of victimization, and providing data on age, sex, relation-
ship of victim to offender, geographic distribution, race, eth-
nicity, language, and disability; and 
(4) an evaluation of the effectiveness of programs funded 
under this part, 
"(c) REGULATIONS OR GUIDELINES.—^Not later than 120 days 
after the date of enactment of this part, the Attorney General 
shall publish proposed regulations or guidelines implementing this 
part. Not later than 180 days after the date of enactment, the 
Attorney Greneral shall publish final regulations or guidelines 
implementing this part. 
42 use 
"SEC. 2005. RAPE EXAM PAYMENTS. 
796gg-4. 
"(a) RESTRICTION OF FUNDS.— 
"(1) IN GENERAL.—A State, Indian tribal government, or 
unit of local government, shall not be entitled to funds under 
this part unless the State, Indian tribal government, unit of 
local government, or another governmental entity incurs the 
v j ' y ^ 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1915 
full out-of-pocket cost of forensic medical exams described in 
subsection (b) for victims of sexual assault. 
"(2) REDISTRIBUTION.—Funds withheld from a State or unit 
of local government under paragraph (1) shall be distributed 
to other States or units of local government pro rata. Funds 
withheld from an Indian tribal government under paragraph 
(1) shall be distributed to other Indian tribal governments 
pro rata. 
"(b) MEDICAL COSTS.—^A State, Indian tribal government, or 
unit of local government shall be deemed to incur the full out-
of-pocket cost of forensic medical exams for victims of sexual assault 
if any government entity— 
"(1) provides such exams to victims free of charge to the 
victim; 
"(2) arranges for victims to obtain such exams free of 
charge to the victims; or 
"(3) reimburses victims for the cost of such exams if— 
"(A) the reimbursement covers the full cost of such 
exams, without any deductible requirement or limit on 
the amount of a reimbursement; 
"(B) the reimbursing governmental entity permits vic-
tims to apply for reimbursement for not less than one 
year from the date of the exam; 
"(C) the reimbursing governmental entity provides 
reimbursement not later than 90 days after written 
notification of the victim's expense; and 
"(D) the State, Indian tribal government, unit of local 
government, or reimbursing governmental entity provides 
information at the time of the exam to all victims, including 
victims with limited or no English proficiency, regarding 
how to obtain reimbursement. 
"SEC. 2006. FILING COSTS FOR CRIMINAL CHARGES. 
42 USC 
"(a) IN GENERAL.—^A State, Indian tribal government, or unit 
^^~ ' 
of local government, shall not be entitled to funds under this part 
unless the State, Indian tribal government, or unit of local govern-
ment— 
"(1) certifies that its laws, policies, and practices do not 
require, in connection with the prosecution of any misdemeanor 
or felony domestic violence offense, that the abused bear the 
costs associated with the filing of criminal charges against 
the domestic violence offender, or the costs associated with 
the issuance or service of a warrant, protection order, or witness 
subpoena; or 
"(2) gives the Attorney General assurances that its laws, 
policies and practices will be in compliance with the require-
ments of paragraph (1) within the later of— 
"(A) the period ending on the date on which the next 
session of the State legislature ends; or 
"(B) 2 years. 
"(b) REDISTRIBUTION.—Funds withheld from a State, unit of 
local government, or Indian tribal government under subsection 
(a) shall be distributed to other States, units of local government, 
and Indian tribal government, respectively, pro rata.". 
(b) TECHNICAL AMENDMENT.—The table of contents of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
108 STAT. 1916 
PUBLIC LAW 103-322—SEPT. 13, 1994 
42 u s e 13931. 
Appropriation 
authorization. 
U.S.C. 3711 et seq.), as amended by section 32101(b), is amended 
by striking the matter relating to part T and inserting the following: 
"PART T—GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN 
"Sec. 2001. Purpose of the program and grants. 
"Sec. 2002. State grants. 
"Sec. 2003. General definitions. 
"Sec. 2004. General terms and conditions. 
"Sec. 2005. Rape exam payments. 
"Sec. 2006. Filing costs for criminal charges. 
"PART U—TRANSITION—EFFECTIVE DATE—REPEALER 
"Sec. 2101. Continuation of rules, authorities, and proceedings.". 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3793), as amended by section 32101(d), is amended— 
(1) in paragraph (3) by striking "and S" and inserting 
"S, and T"; and 
(2) by adding at the end the following new paragraph: 
"(18) There are authorized to be appropriated to carry out 
partT— 
"(A) $26,000,000 for fiscal year 1995; 
"(B) $130,000,000 for fiscal year 1996; 
"(C) $145,000,000 for fiscal year 1997; 
"(D) $160,000,000 for fiscal year 1998; 
"(E) $165,000,000 for fiscal year 1999; and 
"(F) $ 174,000,000 for fiscal year 2000.". 
CHAPTER 3—SAFETY FOR WOMEN IN PUBLIC TRANSIT 
AND PUBLIC PARKS 
SEC. 40131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT 
CRIME IN PUBLIC TRANSPORTATION. 
(a) GENERAL PURPOSE.—^There is authorized to be appropriated 
not to exceed $10,000,000, for the Secretary of Transportation 
(referred to in this section as the "Secretary") to make capital 
grants for the prevention of crime and to increase security in 
existing and future public transportation systems. None of the 
provisions of this Act may be construed to prohibit the financing 
of projects under this section where law enforcement responsibilities 
are vested in a local public body other than the grant applicant. 
(b) GRANTS FOR LIGHTING, CAMERA SURVEILLANCE, AND SECU-
RITY PHONES.— 
(1) From the sums authorized for expenditure under this 
section for crime prevention, the Secretary is authorized to 
make grants and loans to States and local public bodies or 
agencies for the purpose of increasing the safety of public 
transportation by— 
(A) increasing lighting within or adjacent to public 
transportation systems, including bus stops, subway sta-
tions, parking lots, or garages; 
(B) increasing camera surveillance of areas within and 
adjacent to public transportation systems, including bus 
stops, subway stations, parking lots, or garages; 
(C) providing emergency phone lines to contact law 
enforcement or security personnel in areas within or adja-
cent to public transportation systems, including bus stops, 
subway stations, parking lots, or garages; or 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1917 
(D) any other project intended to increase the security 
and safety of existing or planned pubUc transportation 
* systems. 
(2) From the sums authorized under this section, at least 
75 percent shall be expended on projects of the type described 
in subsection (b)(1) (A) and (B). 
(c) REPORTING.—^All grants under this section are contingent 
upon the filing of a report with the Secretary and the Department 
of Justice, Office of Victims of Crime, showing crime rates in or 
adjacent to public transportation before, and for a 1-year period 
after, the capital improvement. Statistics shall be compiled on the 
basis of the type of crime, sex, race, ethnicity, language, and rela-
tionship of victim to the offender. 
(d) INCREASED FEDERAL SHARE.—Notwithstanding any other 
provision of law, the Federal share under this section for each 
capital improvement project that enhances the safety and security 
of public transportation systems and that is not required by law 
(including any other provision of this Act) shall be 90 percent 
of the net project cost of the project. 
(e) SPECIAL GRANTS FOR PROJECTS TO STUDY INCREASING SECU-
RITY FOR WOMEN.—From the sums authorized under this section, 
the Secretary shall provide grants and loans for the purpose of 
studying ways to reduce violent crimes against women in public 
transit through better design or operation of public transit systems. 
(f) GENERAL REQUIREMENTS.—^All grants or loans provided 
under this section shall be subject to the same terms, conditions, 
requirements, and provisions applicable to grants and loans as 
specified in section 5321 of title 49, United States Code. 
SEC. 40132. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT 
CRIME IN NATIONAL PARKS. 
Public Law 91-383 (16 U.S.C. la-1 et seq.) is amended by 
adding at the end the following new section: 
"SEC. 13. NATIONAL PARK SYSTEM CRIME PREVENTION ASSISTANCE. 16 USC la-7a. 
"(a) AVAILABILITY OF FUNDS.—^There are authorized to be appro- Appropriation 
priated out of the Violent Crime Reduction Trust Fund, not to authorization. 
exceed $10,000,000, for the Secretary of the Interior to take all 
necessary actions to seek to reduce the incidence of violent crime 
in the National Park System. 
"(b) RECOMMENDATIONS FOR IMPROVEMENT.—The Secretary 
shall direct the chief official responsible for law enforcement within 
the National Park Service to— 
"(1) compile a list of areas within the National Park System 
with the highest rates of violent crime; 
"(2) make recommendations concerning capital improve-
ments, and other measures, needed within the National Park 
System to reduce the rates of violent crime, including the 
rate of sexual assault; and 
"(3) publish the information required by paragraphs (1) 
and (2) in the Federal Register. 
"(c) DISTRIBUTION OF FUNDS.—Based on the recommendations 
and list issued pursuant to subsection (b), the Secretary shall 
distribute the funds authorized by subsection (a) throughout the 
National Park System. Priority shall be given to those areas with 
the highest rates of sexual assault. 
"(d) USE OF FUNDS.—Funds provided under this section may 
be used— 
108 STAT. 1918 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(1) to increase lighting within or adjacent to National 
Park System units; 
"(2) to provide emergency phone lines to contact law 
enforcement or security personnel in areas within or adjacent 
to National Park System units; 
"(3) to increase security or law enforcement personnel 
within or adjacent to National Park System units; or 
"(4) for any other project intended to increase the security 
and safety of National Park System units.". 
SEC. 40133. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT 
CRIME IN PUBLIC PARKS. 
Section 6 of the Land and Water Conservation Fund Act of 
1965 (16 U.S.C. 460Z-8) is amended by adding at the end the 
following new subsection: 
"(h) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE 
CRIME,— 
"(1) AVAILABILITY OF FUNDS.—In addition to assistance for 
planning projects, and in addition to the projects identified 
in subsection (e), and from amounts appropriated out of the 
Violent Crime Reduction Trust Fund, the Secretary may provide 
financial assistance to the States, not to exceed $15,000,000, 
for projects or combinations thereof for the purpose of making 
capital improvements and other measures to increase safety 
in urban parks and recreation areas, including funds to— 
"(A) increase lighting within or adjacent to public parks 
and recreation areas; 
"(B) provide emergency phone lines to contact law 
enforcement or security personnel in areas within or adja-
cent to public parks and recreation areas; 
"(C) increase security personnel within or adjacent to 
public parks and recreation areas; and 
"(D) fund any other project intended to increase the 
security and safety of public parks and recreation areas. 
"(2) ELIGIBILITY.—In addition to the requirements for 
project approval imposed by this section, eligibility for assist-
ance under this subsection shall be dependent upon a showing 
Urban areas. 
of need. In providing funds under this subsection, the Secretary 
shall give priority to projects proposed for urban parks and 
recreation areas with the highest rates of crime and, in particu-
lar, to urban parks and recreation areas with the highest 
rates of sexual assault. 
"(3) FEDERAL SHARE.—^Notwithstanding subsection (c), the 
Secretary may provide 70 percent improvement grants for 
projects undertaken by any State for the purposes described 
in this subsection, and the remaining share of the cost shall 
be borne by the State.". 
CHAPTER 4—NEW EVTOENTIARY RULES 
28 use 2074 
SEC. 40141. SEXUAL 
fflSTORY 
IN CRIMINAL AND CIVIL CASES. 
Effective date. 
(a) MODIFICATION OF PROPOSED AMENDMENT.—^The proposed 
amendments to the Federal Rules of Evidence that are embraced 
by an order entered by the Supreme Court of the United States 
on April 29, 1994, shall take effect on December 1, 1994, as other-
wise provided by law, but with the amendment made by subsection 
(b). 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1919 
(b) RULE.—Rule 412 of the Federal Rules of Evidence is 28USCapp. 
amended to read as follows: 
*Hule 412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual 
Behavior or Alleged Sexual Predisposition 
"(a) EVIDENCE GENERALLY INADMISSIBLE.—^The following evi-
dence is not admissible in any civil or criminal proceeding involving 
alleged sexual misconduct except as provided in subdivisions (b) 
and (c): 
"(1) Evidence offered to prove that any alleged victim 
engaged in other sexual behavior. 
"(2) Evidence offered to prove any alleged victim's sexual 
predisposition, 
^'(b) EXCEPTIONS.— 
"(1) In a criminal case, the following evidence is admissible, 
if otherwise admissible under these rules: 
"(A) evidence of specific instances of sexual behavior 
by the alleged victim offered to prove that a person other 
than the accused was the source of semen, injury or other 
physical evidence; 
"(B) evidence of specific instances of sexual behavior 
by the alleged victim with respect to the person accused 
of the sexual misconduct offered by the accused to prove 
consent or by the prosecution; and 
"(C) evidence the exclusion of which would violate the 
constitutional rights of the defendant. 
"(2) In a civil case, evidence offered to prove the sexual 
behavior or sexual predisposition of any alleged victim is 
admissible if it is otherwise admissible under these rules and 
its probative value substantially outweighs the danger of harm 
to any victim and of unfair prejudice to any party. Evidence 
of an alleged victim's reputation is admissible only if it has 
been placed in controversy by the alleged victim. 
"(c) PROCEDURE TO DETERMINE ADMISSIBILITY.— 
"(1) A party intending to offer evidence under subdivision 
(b) must— 
"(A) file a written motion at least 14 days before trial 
specifically describing the evidence and stating the purpose 
for which it is offered unless the court, for good cause 
requires a different time for filing or permits filing during 
trial; and 
, 
"(B) serve the motion on all parties and notify the 
alleged victim or, when appropriate, the alleged victim's 
guardian or representative. 
"(2) Before admitting evidence under this rule the court 
must conduct a hearing in camera and afford the victim and 
parties a right to attend and be heard. The motion, related 
papers, and the record of the hearing must be sealed and 
remain under seal unless the court orders otherwise.". 
(c) TECHNICAL AMENDMENT.—The table of contents for the Fed-
eral Rules of Evidence is amended by amending the item relating 
to rule 412 to read as follows: 
"412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Al-
leged Sexual Predisposition: 
"(a) Evidence generally inadmissible. 
"(b) Exceptions. 
"(c) Procedure to determine admissibility.". 
108 STAT. 1920 
PUBLIC LAW 103-322—SEPT. 13, 1994 
CHAPTER 5—ASSISTANCE TO VICTEVIS OF SEXUAL 
ASSAULT 
SEC. 40151. EDUCATION AND PREVENTION GRANTS TO REDUCE SEX-
UAL ASSAULTS AGAINST WOMEN. 
Part A of title XIX of the Public Health and Human Services 
Act (42 U.S.C. 300w et seq.) is amended by adding at the end 
the following new section: 
42 use 300W-10. "SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDU-
CATION. 
"(a) 
PERMITTED USE.—Notwithstanding section 
1904(a)(1), 
amounts transferred by the State for use under this part may 
be used for rape prevention and education programs conducted 
by rape crisis centers or similar nongovernmental nonprofit entities 
for— 
"(1) educational seminars; 
"(2) the operation of hotlines; 
"(3) training programs for professionals; 
"(4) the preparation of informational materials; and 
"(5) other efforts to increase awareness of the facts about, 
or to help prevent, sexual assault, including efforts to increase 
awareness in underserved racial, ethnic, and language minority 
communities. 
"(b) TARGETING OF EDUCATION PROGRAMS.—States providing 
grant monies must ensure that at least 25 percent of the monies 
are devoted to education programs targeted for middle school, junior 
high school, and high school students. 
"(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
"(1) $35,000,000 for fiscal year 1996; 
"(2) $35,000,000 for fiscal year 1997; 
"(3) $45,000,000 for fiscal year 1998; 
"(4) $45,000,000 for fiscal year 1999; and 
"(5) $45,000,000 for fiscal year 2000. 
"(d) LIMITATION.—Funds authorized under this section may 
only be used for providing rape prevention and education programs. 
"(e) DEFINITION.—For purposes of this section, the term 'rape 
prevention and education' includes education and prevention efforts 
directed at offenses committed by offenders who are not known 
to the victim as well as offenders who are known to the victim. 
"(f) TERMS.—^The Secretary shall make allotments to each State 
on the basis of the population of the State, and subject to the 
conditions provided in this section and sections 1904 through 1909.". 
42 use 13941. 
SEC. 40152. TRAINING PROGRAMS. 
(a) IN GENERAL.—^The Attorney General, after consultation with 
victim advocates and individuals who have expertise in treating 
sex offenders, shall establish criteria and develop training programs 
to assist probation and parole officers and other personnel who 
work with released sex offenders in the areas of— 
(1) case management; 
(2) supervision; and 
(3) relapse prevention. 
(b) TRAINING PROGRAMS.—^The Attorney General shall ensure, 
to the extent practicable, that training programs developed under 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1921 
subsection (a) are available in geographically diverse locations 
throughout the country. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
(1) $1,000,000 for fiscal year 1996; and 
(2) $1,000,000 for fiscal year 1997. 
SEC. 40153. CONFroENTIAIJTY OF COMMUNICATIONS BETWEEN SEX- 
42 USC 13942. 
UAL ASSAULT OR DOMESTIC VIOLENCE VICTIMS AND 
THEIR COUNSELORS. 
(a) STUDY AND DEVELOPMENT OF MODEL LEGISLATION.—^The 
Attorney General shall— 
(1) study and evaluate the manner in which the States 
have taken measures to protect the confidentiality of commu-
nications between sexual assault or domestic violence victims 
and their therapists or trained counselors; 
(2) develop model legislation that will provide the maxi-
mum protection possible for the confidentiality of such commu-
nications, within any applicable constitutional limits, taking 
into account the following factors: 
(A) the danger that counseling programs for victims 
of sexual assault and domestic violence will be unable 
to achieve their goal of helping victims recover from the 
trauma associated with these crimes if there is no assur-
ance that the records of the counseling sessions will be 
kept confidential; 
(B) consideration of the appropriateness of an absolute 
privilege for communications between victims of sexual 
assault or domestic violence and their therapists or trained 
counselors, in light of the likelihood that such an absolute 
privilege will provide the maximum guarantee of confiden-
tiality but also in light of the possibility that such an 
absolute privilege may be held to violate the rights of 
criminal defendants under the Federal or State constitu-
tions by denying them the opportunity to obtain exculpatory 
evidence and present it at trial; and 
(C) consideration of what limitations on the disclosure 
of confidential communications between victims of these 
crimes and their counselors, short of an absolute privilege, 
are most likely to ensure that the counseling programs 
will not be undermined, and specifically whether no such 
disclosure should be allowed unless, at a minimum, there 
has been a particularized showing by a criminal defendant 
of a compelling need for records of such communications, 
and adequate procedural safeguards are in place to prevent 
unnecessary or damaging disclosures; and 
(3) prepare and disseminate to State authorities the find-
ings made and model legislation developed as a result of the 
study and evaluation. 
(b) REPORT AND RECOMMENDATIONS.—^Not later than the date 
that is 1 year after the date of enactment of this Act, the Attorney 
General shall report to the Congress— 
(1) the findings of the study and the model legislation 
required by this section; and 
(2) recommendations based on the findings on the need 
for and appropriateness of further action by the Federal 
(Government. 
108 STAT. 1922 
PUBLIC LAW 103-322—SEPT. 13, 1994 
Reports. 
(c) REVIEW OF FEDERAL EVIDENTIARY RULES.—The Judicial 
Conference of the United States shall evaluate and report to Con-
gress its views on whether the Federal Rules of Evidence should 
be amended, and if so, how they should be amended, to guarantee 
that the confidentiality of communications between sexual assault 
victims and their therapists or trained counselors will be adequately 
protected in Federal court proceedings. 
42 u s e 13943. 
SEC. 40154. INFORMATION PROGRAMS. 
The Attorney General shall compile information regarding sex 
offender treatment programs and ensure that information regarding 
community treatment programs in the community into which a 
convicted sex offender is released is made available to each person 
serving a sentence of imprisonment in a Federal penal or correc-
tional institution for a commission of an offense under chapter 
109A of title 18, United States Code, or for the commission of 
a similar offense, including halfway houses and psychiatric 
institutions. 
42 u s e 5712d. 
SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEX-
UAL 
ABUSE OF RUNAWAY, HOMELESS, AND STREET 
YOUTH. 
Part A of the Runaway and Homeless Youth Act (42 U.S.C. 
5711 et seq.) is amended— 
(1) by redesignating sections 316 and 317 as sections 317 
and 318, respectively; and 
(2) by inserting after section 315 the following new section: 
"GRANTS FOR PREVENTION OF SEXUAL ABUSE AND EXPLOITATION 
"SEC. 316. (a) IN GENERAL.—The Secretary shall make grants 
under this section to private, nonprofit agencies for street-based 
outreach and education, including treatment, counseling, provision 
of information, and referral for runaway, homeless, and street youth 
who have been subjected to or are at risk of being subjected to 
sexual abuse. 
"(b) PRIORITY.—In selecting among applicants for grants under 
subsection (a), the Secretary shall give priority to agencies that 
have experience in providing services to runaway, homeless, and 
street youth. 
"(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
"(1) $7,000,000 for fiscal year 1996; 
"(2) $8,000,000 for fiscal year 1997; and 
"(3) $15,000,000 for fiscal year 1998. 
"(d) DEFINITIONS.—For the purposes of this section— 
"(1) the term 'street-based outreach and education' includes 
education and prevention efforts directed at offenses committed 
by offenders who are not known to the victim as well as 
offenders who are known to the victim; and 
"(2) the term 'street youth' means a juvenile who spends 
a significant amount of time on the street or in other areas 
of exposure to encounters that may lead to sexual abuse.". 
SEC. 40156. VICTIMS OF CHILD ABUSE PROGRAMS. 
(a) COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.— 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1923 
(1) REAUTHORIZATION.—Section 218(a) of the Victims of 
Child Abuse Act of 1990 (42 U.S.C. 13014(a)) is amended to 
read as follows: 
"(a) AUTHORIZATION.—There are authorized to be appropriated 
to carry out this subtitle— 
"(1) $6,000,000 for fiscal year 1996; 
"(2) $6,000,000 for fiscal year 1997; 
"(3) $7,000,000 for fiscal year 1998; 
"(4) $9,000,000 for fiscal year 1999; and 
"(5) $10,000,000 for fiscal year 2000.". 
(2) TECHNICAL AMENDMENT.—Section 216 of the Victims 
of Child Abuse Act of 1990 (42 U.S.C. 13012) is amended 
by striking "this chapter" and inserting "this subtitle". 
(b) CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL 
AND PRACTITIONERS.— 
(1) REAUTHORIZATION.—Section 224(a) of the Victims of 
Child Abuse Act of 1990 (42 U.S.C. 13024(a)) is amended to 
read as follows: 
"(a) AUTHORIZATION.—^There are authorized to be appropriated 
to carry out this subtitle— 
"(1) $750,000 for fiscal year 1996; 
"(2) $1,000,000 for fiscal year 1997; 
"(3) $2,000,000 for fiscal year 1998; 
"(4) $2,000,000 for fiscal year 1999; and 
"(5) $2,300,000 for fiscal year 2000.". 
(2) TECHNICAL AMENDMENT.—Section 221(b) of the Victims 
of Child Abuse Act of 1990 (42 U.S.C. 13021(b)) is amended 
by striking "this chapter" and inserting "this subtitle". 
(c) GRANTS FOR TELEVISED TESTIMONY.—Title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 is amended— 
(1) by amending section 1001(a)(7) (42 U.S.C. 3793(a)(7)) 
to read as follows: 
"(7) There are authorized to be appropriated to carry out Appropriation 
Dart N — 
authorization. 
"(A) $250,000 for fiscal year 1996; 
"(B) $1,000,000 for fiscal year 1997; 
"(C) $1,000,000 for fiscal year 1998; 
"(D) $1,000,000 for fiscal year 1999; and 
"(E) $1,000,000 for fiscal year 2000."; 
(2) in section 1402 (42 U.S.C. 3796aa-l) by striking "to 
States, for the use of States and units of local government 
in the States"; 
(3) in section 1403 (42 U.S.C. 3796aa-2)— 
(A) by inserting "or unit of local government" after 
"of a State"; 
(B) by inserting "and" after paragraph (1); 
(C) in paragraph (2) by striking the semicolon at the 
end and inserting a period; and 
(D) by striking paragraphs (3) and (4); 
(4) in section 1404 (42 U.S.C. 3796aa-3)— 
(A) in subsection (a)— 
(i) by striking "The Bureau" and all that follows 
through "determining that" and inserting "An applicant 
is eligible to receive a grant under this part if—"; 
(ii) in paragraph (1) by striking "there is in effect 
in such State" and inserting "the applicant certifies 
108 STAT. 1924 
PUBLIC LAW 103-322—SEPT. 13, 1994 
and the Director determines that there is in effect 
in the State"; 
(iii) in paragraph (2) by striking "such State law 
shall meet" and inserting "the applicant certifies and 
the Director determines that State law meets"; 
(iv) by inserting "and" after subparagraph (E); 
(v) in paragraph (3)— 
(I) by inserting "the Director determines that" 
before "the application"; and 
(II) by striking "; and" and inserting a period; 
(vi) by striking paragraph (4); 
(vii) by striking "Each application" and inserting 
the following: 
"(b) Each application"; and 
(viii) by striking "the Bureau" each place it appears 
and inserting "the Director"; and 
(B) by redesignating subsection (b) as subsection (c) 
and by striking "The Bureau" and inserting "The Director"; 
(5) by striking section 1405 (42 U.S.C. 3796aa-4); 
(6) in section 1406 (42 U.S.C. 3796aa-5)— 
(A) in subsection (a)— 
(i) by striking "State which" and inserting "State 
or unit of local government that"; 
(ii) by striking "title" and inserting "part"; and 
(iii) in paragraph (1) by striking "State"; and 
(B) in subsection (b)(1) by striking "such State" and 
inserting "the State and units of local government in the 
State"' 
(7) in section 1407 (42 U.S.C. 3796aa-6)— 
(A) in subsection (c)— 
(i) by striking "Each State" and all that follows 
through "effective audit" and inserting "Grant recipi-
ents (or private organizations with which grant recipi-
ents have contracted to provide equipment or training 
using grant funds) shall keep such records as the Direc-
tor may require by rule to facilitate such an audit."; 
and 
(ii) in paragraph (2) by striking "States which 
receive grants, and of units of local government which 
receive any part of a grant made under this part" 
and inserting "grant recipients (or private organiza-
tions with which grant recipients have contracted to 
provide equipment or training using grant funds)"; and 
(B) by adding at the end the following new subsection: 
"(d) UTILIZATION OF PRIVATE SECTOR.—Nothing in this part 
shall prohibit the utilization of any grant funds to contract with 
a private organization to provide equipment or training for the 
televising of testimony as contemplated by the application submitted 
by an applicant."; 
(8) by striking section 1408 (42 U.S.C. 3796aa-7); and 
(9) in the table of contents^ 
(A) in the item relating to section 1405 by striking 
"Allocation and distribution of funds under formula grants" 
and inserting "(Repealed)"; and 
(B) in the item relating to section 1408 by striking 
"State office" and inserting "(Repealed)". 
PUBLIC LAW 103-322—SEPT. 13, 1994 
Subtitle B—Safe Homes for Women 
108 STAT. 1925 
SEC. 40201. SHORT TITLE. 
This title may be cited as the "Safe Homes for Women Act 
of 1994". 
Safe Homes for 
Women Act of 
1994. 
42 u s e 13701 
note. 
CHAPTER 1—NATIONAL DOMESTIC VIOLENCE HOTLINE 
SEC. 40211. GRANT FOR A NATIONAL DOMESTIC VIOLENCE HOTLINE. 
The Family Violence Prevention and Services Act (42 U.S.C. 
10401 et seq.) is amended by adding at the end the following 
new section: 
"SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT. 
"(a) IN GENERAL.—^The Secretary may award a grant to a 
private, nonprofit entity to provide for the operation of a national, 
toll-free telephone hotline to provide information and assistance 
to victims of domestic violence. 
"(b) DURATION.—^A grant under this section may extend over 
a period of not more than 5 years. 
"(c) ANNUAL APPROVAL.—The provision of payments under a 
grant under this section shall be subject to annual approval by 
the Secretary and subject to the availability of appropriations for 
each fiscal year to make the payments. 
"(d) ACTIVITIES.—Funds received by an entity under this section 
shall be used to establish and operate a national, toll-free telephone 
hotline to provide information and assistance to victims of domestic 
violence. In establishing and operating the hotline, a private, non-
profit entity shall— 
"(1) contract with a carrier for the use of a toll-free tele-
phone line; 
"(2) employ, train, and supervise personnel to answer 
incoming calls and provide counseling and referral services 
to callers on a 24-hour-a-day basis; 
"(3) assemble and maintain a current database of informa-
tion relating to services for victims of domestic violence to 
which callers may be referred throughout the United States, 
including information on the availability of shelters that serve 
battered women; and 
"(4) publicize the hotline to potential users throughout 
the United States. 
"(e) APPLICATION.—^A grant may not be made under this section 
unless an application for such grant has been approved by the 
Secretary. To be approved by the Secretary under this subsection 
an application shall— 
"(1) contain such agreements, assurances, and information, 
be in such form and be submitted in such manner as the 
Secretary shall prescribe through notice in the Federal Register; 
"(2) include a complete description of the applicant's plan 
for the operation of a national domestic violence hotline, includ-
ing descriptions o
f
— 
"(A) the training program for hotline personnel; 
"(B) the hiring criteria for hotline personnel; 
"(C) the methods for the creation, maintenance and 
updating of a resource database; 
42 u s e 10416. 
Federal 
Register, 
publication. 
108 STAT. 1926 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(D) a plan for publicizing the availability of the hot-
line; 
"(E) a plan for providing service to non-English speak-
ing callers, including hotline personnel who speak Spanish; 
and 
"(F) a plan for facilitating access to the hotline by 
persons with hearing impairments; 
'(3) demonstrate that the applicant has nationally recog-
nized expertise in the area of domestic violence and a record 
of high quality service to victims of domestic violence, including 
a demonstration of support from advocacy groups, such as 
domestic violence State coalitions or recognized national domes-
tic violence groups; 
"(4) demonstrates that the applicant has a commitment 
to diversity, and to the provision of services to ethnic, racial, 
and non-English speaking minorities, in addition to older 
individuals and individuals with disabilities; and 
"(5) contain such other information as the Secretary may 
require. 
"(f) AUTHORIZATION OF APPROPRIATIONS.— 
"(1) IN GENERAL.—^There are authorized to be appropriated 
to carry out this section— 
"(A) $1,000,000 for fiscal year 1995; 
"(B) $400,000 for fiscal year 1996; 
"(C) $400,000 for fiscal year 1997; 
"(D) $400,000 for fiscal year 1998; 
"(E) $400,000 for fiscal year 1999; and 
"(F) $400,000 for fiscal year 2000. 
"(2) AVAILABILITY.—Funds authorized to be appropriated 
under paragraph (1) shall remain available until expended.". 
CHAPTER 2—INTERSTATE ENFORCEMENT 
SEC. 40221. INTERSTATE ENFORCEMENT. 
(a) IN GENERAL.—Part 1 of title 18, United States Code, is 
amended by inserting after chapter 110 the following new chapter: 
"CHAPTER llOA—DOMESTIC VIOLENCE 
"Sec. 2261. Interstate domestic violence. 
"Sec. 2262. Interstate violation of protection order. 
"Sec. 2263. Pretrial release of defendant. 
"Sec. 2264. Restitution. 
"Sec. 2265. Full faith and credit given to protection orders. 
"Sec. 2266. Definitions. 
"§ 2261. Interstate domestic violence 
"(a) OFFENSES.— 
"(1) CROSSING A STATE LINE.—^A person who travels across 
a State line or enters or leaves Indian country with the intent 
to injure, harass, or intimidate that person's spouse or intimate 
partner, and who, in the course of or as a result of such 
travel, intentionally commits a crime of violence and thereby 
causes bodily injury to such spouse or intimate partner, shall 
be punished as provided in subsection (b). 
"(2) CAUSING THE CROSSING OF A STATE LINE.—^A person 
who causes a spouse or intimate partner to cross a State 
line or to enter or leave Indian country by force, coercion. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1927 
duress, or fraud and, in the course or as a result of that 
conduct, intentionally commits a crime of violence and thereby 
causes bodily injury to the person's spouse or intimate partner, 
shall be punished as provided in subsection (b). 
"(b) PENALTIES.—^A person who violates this section shall be 
fined under this title, imprisoned— 
"(1) for life or any term of years, if death of the offender's 
spouse or intimate partner results; 
"(2) for not more than 20 years if permanent disfigurement 
or life threatening bodily injury to the offender's spouse or 
intimate partner results; 
"(3) for not more than 10 years, if serious bodily injury 
to the offender's spouse or intimate partner results or if the 
offender uses a dangerous weapon during the offense; 
"(4) as provided for the applicable conduct under chapter 
109A if the offense would constitute an offense under chapter 
109A (without regard to whether the offense was committed 
in the special maritime and territorial jurisdiction of the United 
States or in a Federal prison); and 
"(5) for not more than 5 years, in any other case, 
or both fined and imprisoned. 
*
*
§ 2262. Interstate violation of protection order 
"(a) OFFENSES.— 
"(1) CROSSING A STATE LINE.—^A person who travels across 
a State line or enters or leaves Indian country with the intent 
to engage in conduct that— 
"(A)(i) violates the portion of a protection order that 
involves protection against credible threats of violence, 
repeated harassment, or bodily injury to the person or 
persons for whom the protection order was issued; or 
"(ii) would violate subparagraph (A) if the conduct 
occurred in the jurisdiction in which the order was issued; 
and 
"(B) subsequently engages in such conduct, 
shall be punished as provided in subsection (b). 
"(2) CAUSING THE CROSSING OF A STATE LINE.—A person 
who causes a spouse or intimate partner to cross a State 
line or to enter or leave Indian country by force, coercion, 
duress, or fraud, and, in the course or as a result of that 
conduct, intentionally commits an act that injures the person's 
spouse or intimate partner in violation of a valid protection 
order issued by a State shall be punished as provided in sub-
section (b). 
"(b) PENALTIES.—^A person who violates this section shall be 
fined under this title, imprisoned— 
"(1) for life or any term of years, if death of the offender's 
spouse or intimate partner results; 
"(2) for not more than 20 years if permanent disfigurement 
or life threatening bodily injury to the offender's spouse or 
intimate partner results; 
"(3) for not more than 10 years, if serious bodily injury 
to the offender's spouse or intimate partner results or if the 
offender uses a dangerous weapon during the offense; 
"(4) as provided for the applicable conduct under chapter 
109A if the offense would constitute an offense under chapter 
109A (without regard to whether the offense was committed 
108 STAT. 1928 
PUBLIC LAW 103-322—SEPT. 13, 1994 
in the special maritime and territorial jurisdiction of the United 
States or in a Federal prison); and 
"(5) for not more than 5 years, in any other case, 
or both fined and imprisoned. 
''§ 2263. Pretrial release of defendant 
"In any proceeding pursuant to section 3142 for the purpose 
of determining whether a defendant charged under this chapter 
shall be released pending trial, or for the purpose of determining 
conditions of such release, the alleged victim shall be given an 
opportunity to be heard regarding the danger posed by the 
defendant. 
"§ 2264. Restitution 
"(a) IN GENERAL.—Notwithstanding section 3663, and in addi-
tion to any other civil or criminal penalty authorized by law, the 
court shall order restitution for any offense under this chapter. 
"(b) SCOPE AND NATURE OF ORDER.— 
"(1) DIRECTIONS.—The order of restitution under this sec-
tion shall direct that— 
"(A) the defendant pay to the victim (through the 
appropriate court mechanism) the full amount of the vic-
tim's losses as determined by the court, pursuant to para-
graph (3); and 
"(B) the United States Attorney enforce the restitution 
order by all available and reasonable means. 
"(2) ENFORCEMENT BY VICTIM.—An order of restitution also 
may be enforced by a victim named in the order to receive 
the restitution in the same manner as a judgment in a civil 
action. 
"(3) DEFINITION.—For purposes of this subsection, the term 
'full amount of the victim's losses' includes any costs incurred 
by the victim for— 
"(A) medical services relating to physical, psychiatric, 
or psychological care; 
"(B) physical and occupational therapy or rehabilita-
tion; 
"(C) necessary transportation, temporary housing, and 
child care expenses; 
"(D) lost income; 
"(E) attorneys' fees, plus any costs incurred in obtain-
ing a civil protection order; and 
"(F) any other losses suffered by the victim as a proxi-
mate result of the offense. 
"(4) ORDER MANDATORY.—(A) The issuance of a restitution 
order under this section is mandatory. 
"(B) A court may not decline to issue an order under 
this section because of— 
"(i) the economic circumstances of the defendant; or 
"(ii) the fact that a victim has, or is entitled to, receive 
compensation for his or her injuries from the proceeds 
of insurance or any other source. 
"(C)(i) Notwithstanding subparagraph (A), the court may 
take into account the economic circumstances of the defendant 
in determining the manner in which and the schedule according 
to which the restitution is to be paid. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1929 
"(ii) For purposes of this subparagraph, the term 'economic 
circumstances' includes— 
"(I) the financial resources and other assets of the 
defendant; 
"(II) projected earnings, earning capacity, and other 
income of the defendant; and 
"(III) any financial obligations of the defendant, includ-
ing obligations to dependents. 
"(D) Subparagraph (A) does not apply if— 
"(i) the court finds on the record that the economic 
circumstances of the defendant do not allow for the pay-
ment of any amount of a restitution order, and do not 
allow for the pajrment of any or some portion of the amount 
of a restitution order in the foreseeable future (under any 
reasonable schedule of payments); and 
"(ii) the court enters in its order the amount of the 
victim's losses, and provides a nominal restitution award. 
"(5) MORE THAN i OFFENDER.—When the court finds that 
more than 1 offender has contributed to the loss of a victim, 
the court may make each offender liable for payment of the 
full amount of restitution or may apportion liability among 
the offenders to reflect the level of contribution and economic 
circumstances of each offender. 
"(6) MORE THAN i VICTIM.—When the court finds that more 
than 1 victim has sustained a loss requiring restitution by 
an offender, the court shall order full restitution of each victim 
but may provide for different payment schedules to reflect 
the economic circumstances of each victim. 
"(7) PAYMENT SCHEDULE.—^An order under this section may 
direct the defendant to make a single lump-sum payment or 
partied payments at specified intervals. 
"(8) SETOFF.—^Any amount paid to a victim under this 
section shall be set off against any amount later recovered 
as compensatory damages by the victim from the defendant 
in— 
"(A) any Federal civil proceeding; and 
"(B) any State civil proceeding, to the extent provided 
by the law of the State. 
"(9) EFFECT ON OTHER SOURCES OF COMPENSATION.—^The 
issuance of a restitution order shall not affect the entitlement 
of a victim to receive compensation with respect to a loss 
from insurance or any other source until the payments actually 
received by the victim under the restitution order fully com-
pensate the victim for the loss. 
"(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.— 
Compliance with a restitution order issued under this section 
shall be a condition of any probation or supervised release 
of a defendant. If an offender fails to comply with a restitution 
order, the court may, after a hearing, revoke probation or 
a term of supervised release, modify the terms or conditions 
of probation or a term of supervised release, or hold the defend-
ant in contempt pursuant to section 3583(e). In determining 
whether to revoke probation or a term of supervised release, 
modify the terms or conditions of probation or supervised 
release or hold a defendant serving a term of supervised release 
in contempt, the court shall consider the defendant's employ-
ment status, earning ability and financial resources, the willful-
108 STAT. 1930 
PUBLIC LAW 103-322—SEPT. 13, 1994 
ness of the defendant's failure to comply, and any other cir-
cumstances that may have a bearing on the defendant's ability 
to comply. 
"(c) AFFIDAVIT.—^Within 60 days after conviction and, in any 
event, not later than 10 days before sentencing, the United States 
Attorney (or such Attorney's delegate), after consulting with the 
victim, shall prepare and file an affidavit with the court listing 
the amounts subject to restitution under this section. The affidavit 
shall be signed by the United States Attorney (or the delegate) 
and the victim. Should the victim object to any of the information 
included in the affidavit, the United States Attorney (or the dele-
gate) shall advise the victim that the victim may file a separate 
affidavit and assist the victim in the preparation of the affidavit. 
"(d) OBJECTION.—If, after the defendant has been notified of. 
the affidavit, no objection is raised by the defendant, the amounts 
attested to in the affidavit filed pursuant to subsection (a) shall 
be entered in the court's restitution order. If objection is raised, 
the court may require the victim or the United States Attorney 
(or the United States Attorney's delegate) to submit further affida-
vits or other supporting documents, demonstrating the victim's 
losses. 
"(e) ADDITIONAL DOCUMENTATION AND TESTIMONY.—If the court 
concludes, after reviewing the supporting documentation and 
considering the defendant's objections, that there is a substantial 
reason for doubting the authenticity or veracity of the records 
submitted, the court may require additional documentation or hear 
testimony on those questions. The privacy of any records filed, 
or testimony heard, pursuant to this section, shall be maintained 
to the greatest extent possible, and such records may be filed 
or testimony heard in camera. 
"(f) FINAL DETERMINATION OF LOSSES.—If the victim's losses 
are not ascertainable 10 days before sentencing as provided in 
subsection (c), the United States Attorney (or the United States 
Attorney's delegate) shall so inform the court, and the court shall 
set a date for the final determination of the victim's losses, not 
to exceed 90 days after sentencing. If the victim subsequently 
discovers further losses, the victim shall have 90 days after discov-
ery of those losses in which to petition the court for an amended 
restitution order. Such order may be granted only upon a showing 
of good cause for the failure to include such losses in the initial 
claim for restitutionary relief. 
"(g) RESTITUTION IN ADDITION TO PUNISHMENT.—-An award of 
restitution to the victim of an offense under this chapter is not 
a substitute for imposition of punishment under this chapter. 
"§ 2265. Full faith and credit given to protection orders 
"(a) FULL FAITH AND CREDIT.—^Any protection order issued 
that is consistent with subsection (b) of this section by the court 
of one State or Indian tribe (the issuing State or Indian tribe) 
shall be accorded full faith and credit by the court of another 
State or Indian tribe (the enforcing State or Indian tribe) and 
enforced as if it were the order of the enforcing State or tribe. 
"(b) PROTECTION ORDER.—^A protection order issued by a State 
or tribal court is consistent with this subsection if— 
"(1) such court has jurisdiction over the parties and matter 
under the law of such State or Indian tribe; and 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1931 
"(2) reasonable notice and opportunity to be heard is given 
to the person against whom the order is sought sufficient to 
protect that person's right to due process. In the case of ex 
parte orders, notice and opportunity to be heard must be pro-
vided within the time required by State or tribal law, and 
in any event within a reasonable time after the order is issued, 
sufficient to protect the respondent's due process rights. 
"(c) CROSS OR COUNTER PETITION.—^A protection order issued 
by a State or tribal court against one who has petitioned, filed 
a complaint, or otherwise filed a written pleading for protection 
against abuse by a spouse or intimate partner is not entitled to 
full faith and credit if— 
"(1) no cross or counter petition, complaint, or other written 
pleading was filed seeking such a protection order; or 
"(2) a cross or counter petition has been filed and the 
court did not make specific findings that each party was entitled 
to such an order. 
*
"
§ 2266. DeHnitions 
"In this chapter— 
"'bodily injury' means any act, except one done in self-
defense, that results in physical injury or sexual abuse. 
"'Indian country' has the meaning stated in section 1151. 
"'protection order' includes any injunction or other order 
issued for the purpose of preventing violent or threatening 
acts or harassment against, or contact or communication with 
or physical proximity to, another person, including temporary 
and final orders issued by civil and criminal courts (other 
than support or child custody orders) whether obtained by 
filing an independent action or as a pendente lite order in 
another proceeding so long as any civil order was issued in 
response to a complaint, petition or motion filed by or on 
behalf of a person seeking protection. 
" 'spouse or intimate partner' includes— 
"(A) a spouse, a former spouse, a person who shares 
a child in common with the abuser, and a person who 
cohabits or has cohabited with the abuser as a spouse; 
and 
"(B) any other person similarly situated to a spouse 
who is protected by the domestic or family violence laws 
of the State in which the injury occurred or where the 
victim resides. 
" 'State' includes a State of the United States, the District 
of Columbia, a commonwealth, territory, or possession of the 
United States. 
'"travel across State lines' does not include travel across 
State lines by an individual who is a member of an Indian 
tribe when such individual remains at all times in the territory 
of the Indian tribe of which the individual is a member.". 
(b) TECHNICAL AMENDMENT.—The part analysis for part I of 
title 18, United States Code, is amended by inserting after the 
item for chapter 110 the following new item: 
"llOA. Domestic violence 
/. 
2261.". 
108 STAT. 1932 
PUBLIC LAW 103-322—SEPT. 13, 1994 
CHAPTER 3—ARREST POLICIES IN DOMESTIC 
VIOLENCE CASES 
SEC. 40231. ENCOURAGING ARREST POUCIES. 
(a) IN GENERAL.—^Title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended 
by section 40121(a), is amended— 
(1) by redesignating pari; U as part V; 
42 use 3797. 
(2) by redesignating section 2101 as section 2201; and 
(3) by inserting after part T the following new part: 
"PART U—GRANTS TO ENCOURAGE ARREST 
POLICIES 
42 u s e 3796hh. 
"SEC. 2101. GRANTS. 
"(a) PURPOSE.—^The purpose of this part is to encourage States, 
Indian tribal governments, and units of local government to treat 
domestic violence as a serious violation of criminal law. 
"(b) GRANT AUTHORITY.—The Attorney General may make 
grants to eligible States, Indian tribal governments, or units of 
local government for the following purposes: 
"(1) To implement mandatory arrest or proarrest programs 
and policies in police departments, including mandatory arrest 
programs and policies for protection order violations. 
"(2) To develop policies and training in police departments 
to improve tracking of cases involving domestic violence. 
"(3) To centralize and coordinate police enforcement, 
prosecution, or judicial responsibility for domestic violence cases 
in groups or units of police officers, prosecutors, or judges. 
"(4) To coordinate computer tracking systems to ensure 
communication between police, prosecutors, and both criminal 
and family courts. 
"(5) To strengthen legal advocacy service programs for vic-
tims of domestic violence. 
"(6) To educate judges in criminal and other courts about 
domestic violence and to improve judicial handling of such 
cases. 
"(c) ELIGIBILITY.—Eligible grantees are States, Indian tribal 
governments, or units of local government that— 
"(1) certify that their laws or official policies— 
"(A) encourage or mandate arrests of domestic violence 
offenders based on probable cause that an offense has 
been committed; and 
"(B) encourage or mandate arrest of domestic violence 
offenders who violate the terms of a valid and outstanding 
protection order; 
"(2) demonstrate that their laws, policies, or practices and 
their training programs discourage dual arrests of offender 
and victim; 
"(3) certify that their laws, policies, or practices prohibit 
issuance of mutual restraining orders of protection except in 
cases where both spouses file a claim and the court makes 
detailed findings of fact indicating that both spouses acted 
primarily as aggressors and that neither spouse acted primarily 
in self-defense; and 
7 ^ 5 , ; * ^ ' 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1933 
"(4) certify that their laws, policies, or practices do not 
require, in connection with the prosecution of any misdemeanor 
or felony domestic violence offense, that the abused bear the 
costs associated with the filing of criminal charges or the service 
of such charges on an abuser, or that the abused bear the 
costs associated with the issuance or service of a warrant, 
protection order, or witness subpoena. 
"SEC. 2102. APPLICATIONS. 
"(a) APPLICATION.—^An eligible grantee shall submit an applica-
tion to the Attorney General that— 
"(1) contains a certification by the chief executive officer 
of the State, Indian tribal government, or local government 
entity that the conditions of section 2101(c) are met or will 
be met within the later of— 
"(A) the period ending on the date on which the next 
session of the State or Indian tribal legislature ends; or 
"(B) 2 years of the date of enactment of this part; 
"(2) describes plans to further the purposes stated in section 
2101(a); 
"(3) identifies the agency or office or groups of agencies 
or offices responsible for carrying out the program; and 
"(4) includes documentation from nonprofit, private sexual 
assault and domestic violence programs demonstrating their 
participation in developing the application, and identifying such 
programs in which such groups will be consulted for develop-
ment and implementation. 
"(b) PRIORITY.—In awarding grants under this part, the Attor-
ney General shall give priority to applicants that— 
"(1) do not currently provide for centralized handling of 
cases involving domestic violence by police, prosecutors, and 
courts; and 
"(2) demonstrate a commitment to strong enforcement of 
laws, and prosecution of cases, involving domestic violence. 
"SEC. 2103. REPORTS. 
"Each grantee receiving funds under this part shall submit 
a report to the Attorney General evaluating the effectiveness of 
projects developed with funds provided under this part and contain-
ing such additional information as the Attorney General may pre-
scribe. 
"SEC. 2104. REGULATIONS OR GUIDELINES. 
"Not later than 120 days after the date of enactment of this 
part, the Attorney General shall publish proposed regulations or 
guidelines implementing this part. Not later than 180 days after 
the date of enactment of this part, the Attorney General shall 
publish final regulations or guidelines implementing this part. 
"SEC. 2105. DEFINITIONS. 
"For purposes of this part— 
"(1) the term 'domestic violence' includes felony or mis-
demeanor crimes of violence committed by a current or former 
spouse of the victim, by a person with whom the victim shares 
a child in common, by a person who is cohabitating with or 
has cohabitated with the victim as a spouse, by a person 
similarly situated to a spouse of the victim under the domestic 
or family violence laws of the jurisdiction receiving grant 
42 use 
3796hh-l. 
42 use 
3796hh-2. 
Publication. 
42 use 
3796hh-3. 
42 use 
3796hh-4. 
108 STAT. 1934 
PUBLIC LAW 103-322—SEPT. 13, 1994 
monies, or by any other adult person against a victim who 
is protected from that person's acts under the domestic or 
family violence laws of the eligible State, Indian tribal govern-
ment, or unit of local government that receives a grant under 
this part; and 
"(2) the term 'protection order' includes any injunction 
issued for the purpose of preventing violent or threatening 
acts of domestic violence, including temporary and fmal orders 
issued by civil or criminal courts (other than support or child 
custody orders or provisions) whether obtained by filing an 
independent action or as a pendente lite order in another 
proceeding.". 
(b) TECHNICAL AMENDMENT.—The table of contents of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3711 et seq.), as amended by section 40121(b), is amended 
by striking the matter relating to part U and inserting the following: 
"PART U—GRANTS TO ENCOURAGE ARREST POLICIES 
"Sec. 2101. Grants. 
"Sec. 2102. Applications. 
"Sec. 2103. Reports. 
"Sec. 2104. Regulations or guidelines. 
"Sec. 2105. Definitions. 
"PART V—TRANSITION—EFFECTIVE DATE—REPEALER 
"Sec. 2201. Continuation of rules, authorities, and proceedings.". 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3793), as amended by section 40121(c), is amended— 
(1) in paragraph (3) by striking "and T" and inserting 
"T, and U"; and 
(2) by adding at the end the following new paragraph: 
"(19) There are authorized to be appropriated to carry out 
part U— 
"(A) $28,000,000 for fiscal year 1996; 
"(B) $33,000,000 for fiscal year 1997; and 
"(C) $59,000,000 for fiscal year 1998. 
(d) ADMINISTRATIVE PROVISIONS.— 
(1) REGULATIONS.—Section 801(b) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)), 
is amended by striking "and O" and inserting "O, and U". 
(2) DENIAL OF APPLICATION.—Section 802(b) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3783 (b)) is amended in the first sentence by striking 
"or O" and inserting "O, or U". 
CHAPTER 
4—SHELTER 
GRANTS 
SEC. 40241. GRANTS FOR BATTERED WOMEN'S SHELTERS. 
Section 310(a) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10409(a)) is amended to read as follows: 
Appropriation 
"(a) IN GENERAL.—There are authorized to be appropriated 
authorization. 
^^ ^arry out this title— 
"(1) $50,000,000 for fiscal year 1996; 
"(2) $60,000,000 for fiscal year 1997; 
"(3) $70,000,000 for fiscal year 1998; 
"(4) $72,500,000 for fiscal year 1999; and 
"(5) $72,500,000 for fiscal year 2000.". 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1935 
CHAPTER 5—YOUTH EDUCATION 
SEC. 40251. YOUTH EDUCATION AND DOMESTIC VIOLENCE. 
The Family Violence Prevention and Services Act (42 U.S.C. 
10401 et seq.), as amended by section 40211, is amended by adding 
at the end the following new section: 
"SEC. 317. YOUTH EDUCATION AND DOMESTIC VIOLENCE. 
42 USC 10417. 
"(a) GENERAL PURPOSE.—For purposes of this section, the Sec-
retary may, in consultation with the Secretary of Education, select, 
implement and evaluate 4 model programs for education of young 
people about domestic violence and violence among intimate part-
ners. 
"(b) NATURE OF PROGRAM.—The Secretary shall select, imple-
ment and evaluate separate model programs for 4 different 
audiences: primary schools, middle schools, secondary schools, and 
institutions of higher education. The model programs shall be 
selected, implemented, and evaluated in consultation with edu-
cational experts, legal and psychological experts on battering, and 
victim advocate organizations such as battered women's shelters. 
State coalitions and resource centers. 
"(c) REVIEW AND DISSEMINATION.—Not later than 2 years after 
the date of enactment of this section, the Secretary shall transmit 
the design and evaluation of the model programs, along with a 
plan and cost estimate for nationwide distribution, to the relevant 
committees of Congress for review. 
"(d) AUTHORIZATION OF APPROPRL^TIONS.—^There are authorized 
to be appropriated to carry out this section $400,000 for fiscal 
year 1996.". 
CHAPTER 6—COMMUNITY PROGRAMS ON DOMESTIC 
VIOLENCE 
SEC. 40261. ESTABLISHMENT OF COMMUNITY PROGRAMS ON DOMES-
TIC VIOLENCE. 
The Family Violence Prevention and Services Act (42 U.S.C. 
10401 et seq.), as amended by section 40251, is amended by adding 
at the end the following new section: 
"SEC. 318. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES. 42 USC 10418. 
"(a) IN GENERAL.—^The Secretary shall provide grants to non-
profit private organizations to establish projects in local commu-
nities involving many sectors of each community to coordinate inter-
vention and prevention of domestic violence. 
"(b) ELIGIBILITY.—^To be eligible for a grant under this section, 
an entity— 
"(1) shall be a nonprofit organization organized for the 
purpose of coordinating community projects for the intervention 
in and prevention of domestic violence; and 
"(2) shall include representatives of pertinent sectors of 
the local community, which may include— 
"(A) health care providers; 
"(B) the education community; 
"(C) the religious community; 
"(D) the justice system; 
"(E) domestic violence program advocates; 
108 STAT. 1936 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(F) human service entities such as State child services 
divisions; 
"(G) business and civic leaders; and 
"(H) other pertinent sectors. 
Federal 
"(c) APPLICATIONS.—^An organization that desires to receive a 
pubUcation 
grant under this section shall submit to the Secretary an applica-
tion, in such form and in such manner as the Secretary shall 
prescribe through notice in the Federal Register, that— 
"(1) demonstrates that the applicant will serve a community 
leadership function, bringing together opinion leaders from each 
sector of the community to develop a coordinated community 
consensus opposing domestic violence; 
"(2) demonstrates a community action component to 
improve and expand current intervention and prevention strate-
gies through increased communication and coordination among 
all affected sectors; 
"(3) includes a complete description of the applicant's plan 
for the establishment and operation of the community project, 
including a description of— 
"(A) the method for identification and selection of an 
administrative committee made up of persons knowledge-
able in domestic violence to oversee the project, hire st£^, 
assure compliance with the project outline, and secure 
annual evaluation of the project; 
"(B) the method for identification and selection of 
project staff and a project evaluator; 
"(C) the method for identification and selection of a 
project council consisting of representatives of the commu-
nity sectors listed in subsection (b)(2); 
"(D) the method for identification and selection of a 
steering committee consisting of representatives of the var-
ious community sectors who will chair subcommittees of 
the project council focusing on each of the sectors; and 
"(E) a plan for, developing outreach and public edu-
cation campaigns regarding domestic violence; and 
"(4) contains such other information, agreements, and 
assurances as the Secretary may require. 
"(d) TERM.—^A grant provided under this section may extend 
over a period of not more than 3 fiscal years. 
"(e) CONDITIONS ON PAYMENT.—Payments under a grant under 
this section shall be subject to— 
"(1) annual approval by the Secretary; and 
"(2) availability of appropriations. 
"(f) GEOGRAPHICAL DISPERSION.—^The Secretary shall award 
grants under this section to organizations in communities geo-
graphically dispersed throughout the country. 
"(g) USE OF GRANT MONIES.— 
"(1) IN GENERAL.—A grant made under subsection (a) shall 
be used to establish and operate a community project to coordi-
nate intervention and prevention of domestic violence. 
"(2) REQUIREMENTS.—In establishing and operating a 
project, a nonprofit private organization shall— 
"(A) establish protocols to improve and expand domes-
tic violence intervention and prevention strategies among 
all affected sectors; 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1937 
"(B) develop action plans to direct responses within 
each community sector that are in conjunction with devel-
opment in all other sectors; and 
"(C) provide for periodic evaluation of the project with 
a written report and analysis to assist application of this 
concept in other communities. 
"(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
"(1) $4,000,000 for fiscal year 1996; and 
"(2) $6,000,000 for fiscal year 1997. 
"(i) REGULATIONS.—Not later than 60 days after the date of Publication. 
enactment of this section, the Secretary shall publish proposed 
regulations implementing this section. Not later than 120 days 
after the date of enactment, the Secretary shall publish final regula-
tions implementing this section.", 
CHAPTER 7—FAMILY VIOLENCE PREVENTION AND 
SERVICES ACT AMENDMENTS 
SEC. 40271. GRANTEE REPORTING. 
(a) SUBMISSION OF APPLICATION.—Section 303(a)(2)(C) of the 
Family 
Violence 
Prevention 
and 
Services 
Act 
(42 
U.S.C. 
10402(a)(2)(C)) is amended by inserting "and a plan to address 
the needs of underserved populations, including populations under-
served because of ethnic, racial, cultural, language diversity or 
geographic isolation" after "such State". 
(b) APPROVAL OF APPLICATION.—Section 303(a) of the Family 
Violence Prevention and Services Act (42 U.S.C. 10402(a)) is 
amended by adding at the end the following new paragraph: 
"(4) Upon completion of the activities funded by a grant 
under this subpart, the State grantee shall file a performance 
report with the Director explaining the activities carried out 
together with an assessment of the effectiveness of those activi-
ties in achieving the purposes of this subpart. A section of 
this performance report shall be completed by each grantee 
or subgrantee that performed the direct services contemplated 
in the application certifying performance of direct services 
under the grant. The Director shall suspend funding for an 
approved application if an applicant fails to submit an annual 
performance report or if the funds are expended for purposes 
other than those set forth under this subpart, after following 
the procedures set forth in paragraph (3). Federal funds may 
be used only to supplement, not supplant, State funds.". 
SEC. 40272. TECHNICAL AMENDMENTS. 
(a) DEFINITIONS.—Section 309(5)(B) of the Family Violence 
Prevention and Services Act (42 U.S.C. 10408(5)(B)) is amended 
by inserting "or other supportive services" before "by peers individ-
ually or in groups,". 
(b) SPECIAL ISSUE RESOURCE CENTERS.— 
(1) GRANTS.—Section 308(a)(2) of the Family Violence 
Prevention and Services Act (42 U.S.C. 10407(a)(2)) is amended 
by striking "six" and inserting "seven". 
(2) FUNCTIONS.—Section 308(c) of the Family Violence 
Prevention and Services Act (42 U.S.C. 10407(c)) is amended— 
108 STAT. 1938 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(A) by striking the period at the end of paragraph 
(6) and inserting ", including the issuance and enforcement 
of protection orders."; and 
(B) by adding at the end the following new paragraph: 
"(7) Providing technical assistance and training to State 
domestic violence coalitions.". 
(c) STATE DOMESTIC VIOLENCE COALITIONS.—Section 311(a) of 
the Family Violence Prevention and Services Act (42 U.S.C. 
10410(a)) is amended— 
(1) by redesignating paragraphs (1), (2), (3), and (4) as 
paragraphs (2), (3), (4), and (5); 
(2) by inserting before paragraph (2), as redesignated by 
paragraph (1), the following new paragraph: 
"(1) working with local domestic violence programs and 
providers of direct services to encourage appropriate responses 
to domestic violence within the State, including— 
"(A) training and technical assistance for local pro-
grams and professionals working with victims of domestic 
violence; 
"(B) planning and conducting State needs assessments 
and planning for comprehensive services; 
"(C) serving as an information clearinghouse and 
resource center for the State; and 
"(D) collaborating with other governmental systems 
which affect battered women;"; 
(3) in paragraph (2)(K), as redesignated by paragraph (1), 
by striking "and court officials and other professionals" and 
inserting ", judges, court officers and other criminal justice 
professionals,"; 
(4) in paragraph (3), as redesignated by paragraph (1)— 
(A) by inserting ", criminal court judges," after "family 
law judges," each place it appears; 
(B) in subparagraph (F), by inserting "custody" after 
"temporary"; and 
(C) in subparagraph (H), by striking "supervised visita-
tions that do not endanger victims and their children," 
and inserting "supervised visitations or denial of visitation 
to protect against danger to victims or their children"; 
and 
(5) in paragraph (4), as redesignated by paragraph (1), 
by inserting ", including information aimed at underserved 
racial, ethnic or language-minority populations" before the 
semicolon. 
CHAPTER a—CONFroENTIALITY FOR ABUSED PERSONS 
42 use 13951. 
SEC. 40281. CONFIDENTIALITY OF ABUSED PERSON'S ADDRESS. 
Postal Service. 
(a) REGULATIONS.—Not later than 90 days after the date of 
enactment of this Act, the United States Postal Service shall 
promulgate regulations to secure the confidentiality of domestic 
violence shelters and abused persons' addresses. 
(b) REQUIREMENTS.—^The regulations under subsection (a) shall 
require— 
(1) in the case of an individual, the presentation to an 
appropriate postal official of a valid, outstanding protection 
order; and 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1939 
(2) in the case of a domestic violence shelter, the presen-
tation to an appropriate postal authority of proof from a State 
domestic violence coalition that meets the requirements of sec-
tion 311 of the Family Violence Prevention and Services Act 
(42 U.S.C. 10410)) verifying that the organization is a domestic 
/ violence shelter. 
(c) DISCLOSURE FOR CERTAIN PURPOSES.—The regulations under 
subsection (a) shall not prohibit the disclosure of addresses to 
State or Federal agencies for legitimate law enforcement or other 
governmental purposes. 
(d) EXISTING COMPILATIONS.—Compilations of addresses exist-
ing at the time at which order is presented to an appropriate 
postal official shall be excluded from the scope of the regulations 
under subsection (a). 
CHAPTER 9—DATA AND RESEARCH 
SEC. 40291. RESEARCH AGENDA. 
42 USC 13961. 
(a) REQUEST FOR CONTRACT.—The Attorney General shall 
request the National Academy of Sciences, through its National 
Research Council, to enter into a contract to develop a research 
agenda to increase the understanding and control of violence against 
women, including rape and domestic violence. In furtherance of 
the contract, the National Academy shall convene a panel of nation-
ally recognized experts on violence against women, in the fields 
of law, medicine, criminal justice, and direct services to victims 
and experts on domestic violence in diverse, ethnic, social, and 
language minority communities and the social sciences. In setting 
the agenda, the Academy shall focus primarily on preventive, edu-
cative, social, and legah strategies, including addressing the needs 
of underserved populations. 
(b) DECLINATION OF REQUEST.—If the National Academy of 
Sciences declines to conduct the study and develop a research 
agenda, it shall recommend a nonprofit private entity that is quali-
fied to conduct such a study. In that case, the Attorney General 
shall carry out subsection (a) through the nonprofit private entity 
recommended by the Academy. In either case, whether the study 
is conducted by the National Academy of Sciences or by the non-
profit group it recommends, the funds for the contract shall be 
made available from sums appropriated for the conduct of research 
by the National Institute of Justice. 
(c) REPORT.—^The Attorney General shall ensure that no later 
than 1 year after the date of enactment of this Act, the study 
required under subsection (a) is completed and a report describing 
the findings made is submitted to the Committee on the Judiciary 
of the Senate and the Committee on the Judiciary of the House 
of Representatives. 
SEC. 40292. STATE DATABASES. 
42 USC 13962. 
(a) IN GENERAL.—^The Attorney General shall study and report Reports, 
to the States and to Congress on how the States may collect central-
ized databases on the incidence of sexual and domestic violence 
offenses within a State. 
(b) CONSULTATION.—In conducting its study, the Attorney Gen-
eral shall consult persons expert in the collection of criminal justice 
data, State statistical administrators, law enforcement personnel, 
and nonprofit nongovernmental agencies that provide direct services 
108 STAT. 1940 
PUBLIC LAW 103-322—SEPT. 13, 1994 
to victims of domestic violence. The final report shall set forth 
the views of the persons consulted on the recommendations. 
(c) REPORT.—^The Attorney (General shall ensure that no later 
than 1 year after the date of enactment of this Act, the study 
required under subsection (a) is completed and a report describing 
the findings made is submitted to the Committees on the Judiciary 
of the Senate and the House of Representatives. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $200,000 for fiscal 
year 1996. 
42 use 13963. 
SEC. 40293. NUMBER AND COST OF INJURIES. 
(a) STUDY.—The Secretary of Health and Human Services, act-
ing through the Centers for Disease Control Injury Control Division, 
shall conduct a study to obtain a national projection of the incidence 
of injuries resulting from domestic violence, the cost of injuries 
to health care facilities, and recommend health care strategies 
for reducing the incidence and cost of such injuries. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section—$100,000 for fiscal 
year 1996. 
CHAPTER 10—RURAL DOMESTIC VIOLENCE AND CHILD 
ABUSE ENFORCEMENT 
42 use 13971. 
SEC. 40295. RURAL 
DOMESTIC 
VIOLENCE AND CHILD ABUSE 
ENFORCEMENT ASSISTANCE. 
(a) GRANTS.—The Attorney General may make grants to States, 
Indian tribal governments, and local governments of rural States, 
and to other public or private entities of rural States— 
(1) to implement, expand, and establish cooperative efforts 
and projects between law enforcement officers, prosecutors, vic-
tim advocacy groups, and other related parties to investigate 
and prosecute incidents of domestic violence and child abuse; 
(2) to provide treatment and counseling to victims of domes-
tic violence and child abuse; and 
(3) to work in cooperation with the community to develop 
education and prevention strategies directed toward such 
issues. 
(b) DEFINITIONS.—In this section— 
"Indian tribe" means a tribe, band, pueblo, nation, or other 
organized group or community of Indians, including an Alaska 
Native village (as defined in or established under the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that 
is recognized as eligible for the special programs and services 
provided by the United States to Indians because of their 
status as Indians. 
"rural State" has the meaning stated in section 1501(b) 
of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796bb(B)). 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be appropriated 
to carry out this section— 
(A) $7,000,000 for fiscal year 1996; 
(B) $8,000,000 for fiscal year 1997; and 
(C) $15,000,000 for fiscal year 1998. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1941 
(2) ADDITIONAL FUNDING.—In addition to funds received 
under a grant under subsection (a), a law enforcement agency 
may use funds received under a grant under section 103 to 
accomplish the objectives of this section. 
Subtitle C—Civil Rights for Women 
SEC. 40301. SHORT TITLE. 
This subtitle may be cited as the "Civil Rights Remedies for 
Gender-Motivated Violence Act". 
SEC. 40302. CIVIL RIGHTS. 
(a) PURPOSE.—^Pursuant to the affirmative power of Congress 
to enact this subtitle under section 5 of the Fourteenth Amendment 
to the Constitution, as well as under section 8 of Article I of 
the Constitution, it -is the purpose of this subtitle to protect the 
civil rights of victims of gender motivated violence and to promote 
public safety, health, and activities affecting interstate commerce 
by establishing a Federal civil rights cause of action for victims 
of crimes of violence motivated by gender. 
(b) RIGHT TO BE FREE FROM CRIMES OF VIOLENCE.—All persons 
within the United States shall have the right to be free from 
crimes of violence motivated by gender (as defined in subsection 
(d)). 
(c) CAUSE OF ACTION.—^A person (including a person who acts 
under color of any statute, ordinance, regulation, custom, or usage 
of any State) who commits a crime of violence motivated by gender 
and thus deprives another of the right declared in subsection (b) 
shall be liable to the party injured, in an action for the recovery 
of compensatory and punitive damages, injunctive and declaratory 
relief, and such other relief as a court may deem appropriate. 
(d) DEFINITIONS.—For purposes of this section— 
(1) the term "crime of violence motivated by gender" means 
a crime of violence committed because of gender or on the 
basis of gender, and due, at least in part, to an animus based 
on the victim's gender; and 
(2) the term "crime of violence" means— 
(A) an act or series of acts that would constitute a 
felony against the person or that would constitute a felony 
agednst property if the conduct presents a serious risk 
of physical injury to another, and that would come within 
the meaning of State or Federal offenses described in sec-
tion 16 of title 18, United States Code, whether or not 
those acts have actually resulted in criminal charges, 
prosecution, or conviction and whether or not those acts 
were committed in the special maritime, territorial, or 
prison jurisdiction of the United States; and 
(B) includes an act or series of acts that would con-
stitute a felony described in subparagraph (A) but for the 
relationship between the person who takes such action 
and the individual against whom such action is taken. 
(e) LIMITATION AND PROCEDURES.— 
(1) LIMITATION.—^Nothing in this section entitles a person 
to a cause of action under subsection (c) for random acts of 
violence unrelated to gender or for acts that cannot be dem-
Civil Rights 
Remedies for 
Gender-
Motivated 
Violence Act. 
42 u s e 13701 
note. 
42 u s e 13981. 
108 STAT. 1942 
PUBLIC LAW 103-322—SEPT. 13, 1994 
onstrated, by a preponderance of the evidence, to be motivated 
by gender (within the meaning of subsection (d)). 
(2) No PRIOR CRIMINAL ACTION.—Nothing in this section 
requires a prior criminal complaint, prosecution, or conviction 
to establish the elements of a cause of action under subsection 
(c). 
(3) CONCURRENT JURISDICTION.—The Federal and State 
courts shall have concurrent jurisdiction over actions brought 
pursuant to this subtitle. 
(4) SUPPLEMENTAL JURISDICTION.—Neither section 1367 of 
title 28, United States Code, nor subsection (c) of this section 
shall be construed, by reason of a claim arising under such 
subsection, to confer on the courts of the United States jurisdic-
tion over any State law claim seeking the establishment of 
a divorce, alimony, equitable distribution of marital property, 
or child custody decree. 
(5) LIMITATION ON REMOVAL.—Section 1445 of title 28, 
United States Code, is amended by adding at the end the 
following new subsection: 
"(d) A civil action in any State court arising under section 
40302 of the Violence Against Women Act of 1994 may not be 
removed to any district court of the United States.". 
SEC. 40303. ATTORNEY'S FEES. 
Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended 
in the last sentence— 
(1) by striking "or" after "Public Law 92-318,"; and 
(2) by inserting ", or section 40302 of the Violence Against 
Women Act of 1994," after "1964". 
SEC. 40304. SENSE OF THE SENATE CONCERNING PROTECTION OF 
THE PRIVACY OF RAPE VICTIMS. 
It is the sense of the Senate that news media, law enforcement 
officers, and other persons should exercise restraint and respect 
a rape victim's privacy by not disclosing the victim's identity to 
the general public or facilitating such disclosure without the consent 
of the victim. 
Equal Justice 
for Women in 
the Courts Act 
of 1994. 
Subtitle D- -Equal Justice for Women in 
the Courts Act 
42 u s e 13701 
note. 
SEC. 40401. SHORT TITLE. 
This subtitle may be cited as the "Equal Justice for Women 
in the Courts Act of 1994". 
CHAPTER 1—EDUCATION AND TRAINING FOR JUDGES 
AND COURT PERSONNEL IN STATE COURTS 
42 u s e 13991. 
SEC. 40411. GRANTS AUTHORIZED. 
The State Justice Institute may award grants for the purpose 
of developing, testing, presenting, and disseminating model pro-
grams to be used by States (as defined in section 202 of the 
State Justice Institute Act of 1984 (42 U.S.C. 10701)) in training 
judges and court personnel in the laws of the States and by Indian 
tribes in training tribal j;^dges and court personnel in the law« 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1943 
of the tribes on rape, sexual assault, domestic violence, and other 
crimes of violence motivated by the victim's gender. 
SEC. 40412. TRAINING PROVIDED BY GRANTS. 
42 USC 18992 
Training provided pursuant to grants made under this subtitle 
may include current information, existing studies, or current data 
on— 
(1) the nature and incidence of rape and sexual assault 
by strangers and nonstrangers, marital rape, and incest; 
(2) the underreporting of rape, sexual assault, and child 
sexual abuse; 
(3) the physical, psychological, and economic impact of rape 
and sexual assault on the victim, the costs to society, and 
the implications for sentencing; 
(4) the psychology of sex offenders, their high rate of recidi-
vism, and the implications for sentencing; 
(5) the historical evolution of laws and attitudes on rape 
and sexual assault; 
(6) sex stereot3T)ing of female and male victims of rape 
and sexual assault, racial stereotyping of rape victims and 
defendants, and the impact of such stereotypes on credibility 
of witnesses, sentencing, and other aspects of the administra-
tion of justice; 
(7) application of rape shield laws and other limits on 
introduction of evidence that may subject victims to improper 
sex stereotyping and harassment in both rape and nonrape 
cases, including the need for sua sponte judicial intervention 
in inappropriate cross-examination; 
(8) the use of expert witness testimony on rape trauma 
syndrome, child sexual abuse accommodation syndrome, post-
traumatic stress syndrome, and similar issues; 
(9) the legitimate reasons why victims of rape, sexual 
assault, and incest may refuse to testify against a defendant; 
(10) the nature and incidence of domestic violence; 
(11) the physical, psychological, and economic impact of 
domestic violence on the victim, the costs to society, and the 
implications for court procedures and sentencing; 
(12) the psychology and self-presentation of batterers and 
victims and the implications for court proceedings and credibil-
ity of witnesses; 
(13) sex stereotyping of female and male victims of domestic 
violence, mj^hs about presence or absence of domestic violence 
in certain racial, ethnic, religious, or socioeconomic groups, 
and their impact on the administration of justice; 
(14) historical evolution of laws and attitudes on domestic 
violence; 
(15) proper and improper interpretations of the defenses 
of self-defense £ind provocation, and the use of expert witness 
testimony on battered woman syndrome; 
(16) the likelihood of retaliation, recidivism, and escalation 
of violence by batterers, and the potential impact of incarcer-
ation and other meaningful sanctions for acts of domestic 
violence including violations of orders of protection; 
(17) economic, psychological, social and institutional rea-
sons for victims' inability to leave the batterer, to report domes-
tic violence or to follow through on complaints, including the 
influence of lack of support from police, judges, and court 
108 STAT. 1944 
PUBLIC LAW 103-322—SEPT. 13, 1994 
personnel, and the legitimate reasons why victims of domestic 
violence may refuse to testify against a defendant; 
(18) the need for orders of protection, and the implications 
of mutual orders of protection, dual arrest policies, and medi-
ation in domestic violence cases; and 
(19) recognition of and response to gender-motivated crimes 
of violence other than rape, sexual assault and domestic 
violence, such as mass or serial murder motivated by the gender 
of the victims. 
42 use 13993. 
SEC. 40413. COOPERATION IN DEVELOPING PROGRAMS IN MAKING 
GRANTS UNDER THIS TITLE. 
The State Justice Institute shall ensure that model programs 
carried out pursuant to grants made under this subtitle are devel-
oped with the participation of law enforcement officials, public 
and private nonprofit victim advocates, legal experts, prosecutors, 
defense attorneys, and recognized experts on gender bias in the 
courts. 
42 use 13994. 
SEC. 40414. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—^There are authorized to be appropriated to 
carry out this chapter $600,000 for fiscal year 1996. 
(b) MODEL RIOGRAMS.—Of amounts appropriated under this 
section, the State Justice Institute shall expend not less than 40 
percent on model programs regarding domestic violence and not 
less than 40 percent on model programs regarding rape and sexual 
assault. 
CHAPTER 
2—EDUCATION 
AND 
TRAINING 
FOR 
JUDGES 
AND 
COURT 
PERSONNEL 
IN 
FEDERAL 
COURTS 
42 use 14001. 
SEC. 40421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND 
TRAINING GRANTS. 
(a) STUDIES.—In order to gain a better understanding of the 
nature and the extent of gender bias in the Federal courts, the 
circuit judicial councils are encouraged to conduct studies of the 
instances, if any, of gender bias in their respective circuits and 
to implement recommended reforms. 
(b) MATTERS FOR EXAMINATION.—The studies under subsection 
(a) may include an examination of the effects of gender on— 
(1) the treatment of litigants, witnesses, attorneys, jurors, 
and judges in the courts, including before magistrate and bank-
ruptcy judges; 
(2) the interpretation and application of the law, both civil 
and criminal; 
(3) treatment of defendants in criminal cases; 
(4) treatment of victims of violent crimes in judicial 
proceedings; 
(5) sentencing; 
(6) sentencing alternatives and the nature of supervision 
of probation and parole; 
(7) appointments to committees of the Judicial Conference 
and the courts; 
(8) case management and court sponsored alternative dis-
pute resolution programs; 
(9) the selection, retention, promotion, and treatment of 
employees; 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1945 
(10) appointment of arbitrators, experts, and special mas-
ters; 
(11) the admissibility of the victim's past sexual history 
in civil and criminal cases; and 
(12) the aspects of the topics listed in section 40412 that 
pertain to issues within the jurisdiction of the Federal courts. 
(c) CLEARINGHOUSE.—The Administrative Office of the United 
States Courts shall act as a clearinghouse to disseminate any 
reports and materials issued by the gender bias task forces under 
subsection (a) and to respond to requests for such reports and 
materials. TTie gender bias task forces shall provide the Administra-
tive Office of the Courts of the United States with their reports 
and related material. 
(d) MODEL PROGRAMS.—^The Federal Judicial Center, in carry-
ing out section 620(b)(3) of title 28, United States Code, may— 
(1) include in the educational programs it presents and 
prepares, including the training programs for newly appointed 
judges, information on issues related to gender bias in the 
courts including such areas as are listed in subsection (a) 
along with such other topics as the Federal Judicial Center 
deems appropriate; 
(2) prepare materials necessary to implement this sub-
section; and 
(3) take into consideration the findings and recommenda-
tions of the studies conducted pursuant to subsection (a), and 
to consult with individuals and groups with relevant expertise 
in gender bias issues as it prepares or revises such materials. 
SEC. 40422. AUTHORIZATION OF APPROPRIATIONS. 
42 USC 14002. 
There are authorized to be appropriated— 
(1) to the Salaries ana Expenses Account of the Courts 
of Appeals, District Courts, and other Judicial Services to carry 
out section 40421(a) $500,000 for fiscal year 1996; 
(2) to the Federal Judicial Center to carry out section 
40421(d) $100,000 for fiscal year 1996; and 
(3) to the Administrative Office of the United States Courts 
to carry out section 40421(c) $100,000 for fiscal year 1996. 
Subtitle E—^Violence Against Women Act 
Improvements 
SEC. 40601. PRE-TRIAL DETENTION IN SEX OFFENSE CASES. 
Section 3156(aX4) of title 18, United States Code, is amended— 
(1) by striking "or" at the end of subparagraph (A); 
(2) by striking the period at the end of subparagraph (B) 
and inserting "; or"; and 
(3) by adding after subparagraph (B) the following new 
subparagraph: 
"(C) any felony under chapter 109A or chapter 110.". 
SEC. 40502. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VIC-
TIMS BELOW THE AGE OF 16. 
Section 2245(2) of title 18, United States Code, is amended— 
(1) by striking "or" at the end of subparagraph (B); 
(2) by striking "; and" at the end of subparagraph (C) 
and inserting "; or"; and 
79-194 O—95—7 : QL 3 Part 3 
108 STAT. 1946 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(3) by inserting after subparagraph (C) the following new 
subparagraph: 
"(D) the intentional touching, not through the clothing, 
of the genitalia of another person who has not attained the 
age of 16 years with an intent to abuse, humiliate, harass, 
degrade, or arouse or gratify the sexual desire of any person;". 
42 use 14011. 
SEC. 40503. PAYMENT OF COST OF TESTING FOR SEXUALLY TRANSMIT-
TED DISEASES. 
(a) FOR VICTIMS IN SEX OFFENSE CASES.—Section 503(c)(7) 
of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 
10607(c)(7)) is amended by adding at the end the following: "The 
Attorney General shall provide for the pa5anent of the cost of 
up to 2 anonymous and confidential tests of the victim for sexually 
transmitted diseases, including HIV, gonorrhea, herpes, chlamydia, 
and syphilis, during the 12 months following sexual assaults that 
pose a risk of transmission, and the cost of a counseling session 
by a medically trained professional on the accuracy of such tests 
and the risk of transmission of sexually transmitted diseases to 
the victim as the result of the assault. A victim may waive anonym-
ity and confidentiality of any tests paid for under this section.". 
(b) LIMITED TESTING OF DEFENDANTS.— 
(1) COURT ORDER.—The victim of an offense of the type 
referred to in subsection (a) may obtain an order in the district 
court of the United States for the district in which charges 
are brought against the defendant charged with the offense, 
after notice to the defendant and an opportunity to be heard, 
requiring that the defendant be tested for the presence of 
the etiologic agent for acquired immune deficiency syndrome, 
and that the results of the test be communicated to the victim 
and the defendant. Any test result of the defendant given 
to the victim or the defendant must be accompanied by appro-
priate counseling. 
(2) SHOWING REQUIRED.—TO obtain an order under para-
graph (1), the victim must demonstrate that— 
(A) the defendant has been charged with the offense 
in a State or Federal court, and if the defendant has 
been arrested without a warrant, a probable cause deter-
mination has been made; 
(B) the test for the etiologic agent for acquired immune 
deficiency syndrome is requested by the victim after appro-
priate counseling; and 
(C) the test would provide information necessary for 
the health of the victim of the alleged offense and the 
court determines that the alleged conduct of the defendant 
created a risk of transmission, as determined by the Cen-
ters for Disease Control, of the etiologic agent for acquired 
immune deficiency syndrome to the victim. 
(3) FOLLOW-UP TESTING.—The court may order follow-up 
tests and counseling under paragraph (b)(1) if the initial test 
was negative. Such follow-up tests and counseling shall be 
performed at the request of the victim on dates that occur 
six months and twelve months following the initial test. 
(4) TERMINATION OF TESTING REQUIREMENTS.—An order for 
follow-up testing under paragraph (3) shall be terminated if 
the person obtains an acquittal on, or dismissal of, all charges 
of the type referred to in subsection (a). 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1947 
(5) CONFIDENTIALITY OF TEST.—^The results of any test 
ordered under this subsection shall be disclosed only to the 
victim or, where the court deems appropriate, to the parent 
or legal guardian of the victim, and to the person tested. The 
victim may disclose the test results only to any medical profes-
sional, counselor, family member or sexual partnerCs) the victim 
may have had since the attack. Any such individual to whom 
the test results are disclosed by the victim shall maintain 
the confidentiality of such information. 
(6) DISCLOSURE OF TEST RESULTS.—The court shall issue 
an order to prohibit the disclosure by the victim of the results 
of any test performed under this subsection to anyone other 
than those mentioned in paragraph (5). The contents of the 
court proceedings and test results pursuant to this section 
shall be sealed. The results of such test performed on the 
defendant under this section shall not be used as evidence 
in any criminal trial. 
(7) CONTEMPT FOR DISCLOSURE.—Any person who discloses 
the results of a test in violation of this subsection may be 
held in contempt of court. 
(c) PENALTIES FOR INTENTIONAL TRANSMISSION OF HIV.—Not Reports, 
later than 6 months after the date of enactment of this Act, the 
United States Sentencing Commission shall conduct a study and 
grepare and submit to the committees on the Judiciary of the 
enate and the House of Representatives a report concerning rec-
ommendations for the revision of sentencing guidelines that relate 
to offenses in which an HIV infected individual engages in sexual 
activity if the individual knows that he or she is infected with 
HIV and intends, through such sexual activity, to expose another 
to HIV. 
SEC. 40604. EXTENSION AND STRENGTHENING OF RESTITUTION. 
Section 3663(b) of title 18, United States Code, is amended— 
(1) in paragraph (2) by inserting "including an offense 
under chapter 109A or chapter 110" after "an offense resulting 
in bodilv injury to a victim"; 
(2) by striking "and" at the end of paragraph (3); 
(3) by redesignating paragraph (4) as paragraph (5); and 
(4) by inserting after paragraph (3) the roUowing new para-
graph: 
"(4) in any case, reimburse the victim for lost income and 
necessaiy child care, transportation, and other expenses related 
to participation in the investigation or prosecution of the offense 
or attendance at proceedings related to the offense; and". 
SEC. 40606. ENFORCEMENT OF RESTITUTION 
ORDERS 
THROUGH 
SUSPENSION OF FEDERAL BENEFITS. 
Section 3663 of title 18, United States Code, is amended by 
adding at the end the following new subsection: 
"(i)(l) A Federal agency shall immediately suspend all Federal 
benefits provided by the agency to the defendant, and shall termi-
nate the defendant's eligibility for Federal benefits administered 
by that agency, upon receipt of a certified copy of a written judicial 
finding that the defendant is delinquent in making restitution in 
accordance with any schedule of payments or any requirement 
of immediate pa3rment imposed under this section. 
"(2) Any written finding of delinquency described in paragraph 
(1) shall be made by a court, after a hearing, upon motion of 
108 STAT. 1948 
PUBLIC LAW 103-322—SEPT. 13, 1994 
the victim named in the order to receive the restitution or upon 
motion of the United States. 
"(3) A defendant found to be delinquent may subsequently 
seek a written finding from the court that the defendant has rec-
tified the delinquency or that the defendant has made and will 
make good faith efforts to rectify the delinquency. The defendant's 
eligibility for Federal benefits shall be reinstated upon receipt by 
the agency of a certified copy of such a finding. 
"(4) In this subsection, 'Federal benefit' means a grant, contract, 
loan, professional license, or commercial license provided by an 
agency of the United States.". 
42 use 14012. 
SEC. 40506. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT. 
(a) STUDY.—The Attorney Greneral, in consultation with the 
Secretary of Education, shall provide for a national baseline study 
to examine the scope of the problem of campus sexual assaults 
and the effectiveness of institutional and legal policies in addressing 
such crimes and protecting victims. The Attorney General may 
utilize the Bureau of Justice Statistics, the National Institute of 
Justice, and the Office for Victims of Crime in carrying out this 
section. 
(b) REPORT.—Based on the study required by subsection (a) 
and data collected under the Student Right-To-Know £ind Campus 
Security Act (20 U.S.C. 1001 note; Pubhc Law 101-542) and amend-
ments made by that Act, the Attorney General shall prepare a 
report including an analysis of— 
(1) the number of reported allegations and estimated num-
ber of unreported allegations of campus sexual assaults, and 
to whom the allegations are reported (including authorities 
of the educational institution, sexual assault victim service 
entities, and local criminal authorities); 
(2) the number of campus sexual assault allegations 
reported to authorities of educational institutions which are 
reported to criminal authorities; 
(3) the number of campus sexual assault allegations that 
result in criminal prosecution in comparison with the number 
of non-campus sexual assault allegations that result in criminal 
prosecution; 
(4) Federal and State laws or regulations pertaining specifi-
cally to campus sexual assaults; 
(5) the adequacy of policies and practices of educational 
institutions in addressing campus sexual assaults and protect-
ing victims, including consideration of— 
(A) the security measures in effect at educational 
institutions, such as utilization of campus police and secu-
rity guards, control over access to grounds and buildings, 
supervision of student activities and student living arrange-
ments, control over the consumption of alcohol by students, 
lighting, and the availability of escort services; 
(B) the articulation and communication to students 
of the institution's policies concerning sexual assaults; 
(C) policies and practices that may prevent or discour-
age the reporting of campus sexual assaults to local crimi-
nal authorities, or that may otherwise obstruct justice or 
interfere with the prosecution of perpetrators of campus 
sexual assaults; 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1949 
(D) the nature and availability of victim services for 
victims of campus sexual assaults; 
(E) the ability of educational institutions' disciplinary 
processes to address allegations of sexual assault ade-
quately and fairly; 
(F) measures that are taken to ensure that victims 
are free of unwanted contact with alleged assailants, and 
disciplinary sanctions that are imposed when a sexual 
assault is determined to have occurred; and 
(G) the grounds on which educational institutions are 
subject to lawsuits based on campus sexual assaults, the 
resolution of these cases, and measures that can be taken 
to avoid the likelihood of lawsuits and civil liability; 
(6) in conjunction with the report produced by the Depart-
ment of Education in coordination with institutions of education 
under the Student Right-To-Know and Campus Security Act 
(20 U.S.C. 1001 note; Public Law 101-542) and amendments 
made by that Act, an assessment of the policies and practices 
of educational institutions that are of greatest effectiveness 
in addressing campus sexual assaults and protecting victims, 
including policies and practices relating to the particular issues 
described in paragraph (5); and 
(7) any recommendations the Attorney General may have 
for reforms to address campus sexual assaults and protect 
victims more effectively, and any other matters that the Attor-
ney General deems relevant to the subject of the study and 
report required by this section. 
(c) SUBMISSION OF REPORT.—^The report required by subsection 
(b) shall be submitted to the Congress no later than September 
1, 1996. 
(d) DEFINITION.—For purposes of this section, "campus sexual 
assaults" includes sexual assaults occurring at institutions of post-
secondary education and sexual assaults committed against or by 
students or employees of such institutions. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out the study required by this section— 
$200,000 for fiscal year 1996. 
SEC. 40507. REPORT ON BATTERED WOI^ffiN'S SYNDROME. 
42 USC 14013. 
(a) REPORT.—Not less than 1 year after the date of enactment 
of this Act, the Attorney General and the Secretary of Health 
and Human Services shall transmit to the House Committee on 
Energy and Commerce, the Senate Committee on Labor and Human 
Resources, and the Committees on the Judiciary of the Senate 
and the House of Representatives a report on the medical and 
psychological basis of "battered women's syndrome" and on the 
extent to which evidence of the syndrome has been considered 
in criminal trials. 
(b) COMPONENTS.—^The report under subsection (a) shall 
include— 
(1) medical and psychological testimony on the validity 
of battered women's syndrome as a psychological condition; 
(2) a compilation of State, tribal, and Federal court cases 
in which evidence of battered women's syndrome was offered 
in criminal trials; and 
108 STAT. 1950 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(3) an assessment by State, tribal, and Federal judges, 
prosecutors, and defense attorneys of the effects that evidence 
of battered women's sjmdrome may have in criminal trials. 
42 use 14014. 
SEC. 40508. REPORT ON CONFroENTIALITY OF ADDRESSES FOR VIC-
TIMS OF DOMESTIC VIOLENCE. 
(a) REPORT.—^The Attorney (General shall conduct a study of 
the means by which abusive spouses may obtain information 
concerning the addresses or locations of estranged or former 
spouses, notwithstanding the desire of the victims to have such 
information withheld to avoid further exposure to abuse. Based 
on the study, the Attorney (leneral shall transmit a report to 
Congress including— 
(1) the findings of the study concerning the means by 
which information concerning the addresses or locations of 
abused spouses may be obtained by abusers; and 
(2) analysis of the feasibility of creating effective means 
of protecting the confidentiality of information concerning the 
addresses and locations of abused spouses to protect such per-
sons from exposure to further abuse while preserving access 
to such information for legitimate purposes. 
(b) USE OF COMPONENTS.—The Attcmey General may use the 
National Institute of Justice and the Office for Victims of Crime 
in canying out this section. 
42 use 14015. 
SEC. 40509. REPORT ON RECORDKEEPING RELATING TO DOMESTIC 
VIOLENCE. 
Not later than 1 year after the date of enactment of this 
Act, the Attorney General shall complete a study of, and shall 
submit to Congress a report and recommendations on, problems 
of recordkeeping of criminal complaints involving domestic violence. 
The study and report shall examine— 
(1) the efforts that have been made by the Department 
of Justice, including the Federal Bureau of Investigation, to 
collect statistics on domestic violence; and 
(2) the feasibility of requiring that the relationship between 
an offender and victim be reported in Federal records of crimes 
of aggravated assault, rape, and other violent crimes. 
Subtitle F—National Stalker and Domestic 
Violence Reduction 
Records. 
SEC. 40601. AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMA-
TION DATABASES. 
(a) ACCESS AND ENTRY.—Section 534 of title 28, United States 
Code, is amended by adding at the end the following: 
"(e)(1) Information from national crime information databases 
consisting of identification records, criminal history records, protec-
tion orders, and wsmted person records may be disseminated to 
civil or criminal courts for use in domestic violence or stalking 
cases. Nothing in this subsection shall be construed to permit 
access to such records for any other purpose. 
"(2) Federal and State criminal justice agencies authorized 
to enter information into criminal information databases may 
include— 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1951 
"(A) arrests, convictions, and arrest warrants for stalking 
or domestic violence or for violations of protection orders for 
the protection of parties from stalking or domestic violence; 
and 
"(B) protection orders for the protection of persons from 
stalking or domestic violence, proviaed such orders are subject 
to periodic verification. 
"(3) As used in this subsection— 
"(A) the term 'national crime information databases' means 
the National Crime Information Center and its incorporated 
criminal history databases, including the Interstate Identifica-
tion Index; and 
"(B) the term 'protection order' includes an injunction or 
any other order issued for the purpose of preventing violent 
or threatening acts or harassment against, or contact or commu-
nication with or physical proximity to, another person, including 
temporary and final orders issued by civil or criminal courts 
(other than support or child custody orders) whether obtained 
by filing an independent action or as a pendente lite order 
in another proceeding so long as any civil order was issued 
in response to a complaint, petition, or motion filed by or 
on behalf of a person seeking protection.". 
(b) RULEMAKING.—^The Attorney General may make rules to 
carry out the subsection added to section 534 of title 28, United 
States Code, by subsection (a), after consultation with the officials 
charged with managing the National Crime Information Center 
and the Criminal Justice Information Services Advisory Policy 
Board. 
SEC. 40602. GRANT PROGRAM. 
(a) IN GENERAL.—^The Attorney General is authorized to provide 
grants to States and units of local government to improve processes 
for entering data regarding stalking and domestic violence into 
local. State, and national crime information databases. 
(b) ELIGIBILITY.—^To be eligible to receive a grant under sub-
section (a), a State or unit of local government shall certify that 
it has or intends to establish a program that enters into the 
National Crime Information Center records of— 
(1) warrants for the arrest of persons violating protection 
orders intended to protect victims from stalking or domestic 
violence; 
(2) arrests or convictions of persons violating protection 
or domestic violence; and 
(3) protection orders for the protection of persons from 
stalking or domestic violence. 
SEC. 40603. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out this sub-
(1) $1,500,000 for fiscal year 1996; 
(2) $1,750,000 for fiscal year 1997; and 
(3) $2,750,000 for fiscal year 1998. 
SEC. 40604. APPUCATION REQUIREMENTS. 
An application for a grant under this subtitle shall be submitted 
in such form and manner, and contain such information, as the 
Attorney General may prescribe. In addition, applications shall 
include documentation showing— 
title 
28 use 534 note. 
42 use 14031 
note. 
42 use 14032. 
42 use 14033. 
108 STAT. 1952 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(1) the need for grant funds and that State or local funding, 
as the case may be, does not already cover these operations; 
(2) intended use of the grant funds, including a plan of 
action to increase record input; and 
(3) an estimate of expected results from the use of the 
grant funds. 
42 use 14034. 
SEC. 40606. DISBURSEMENT. 
Not later than 90 days after the receipt of an application 
under this subtitle, the Attorney General shall either provide grant 
funds or shall inform the applicant why grant funds are not being 
provided. 
42 use 14035. 
SEC. 40606. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATIONS. 
The Attorney General may provide technical assistance and 
training in furtherance of the purposes of this subtitle, and may 
provide for the evaluation of programs that receive funds under 
this subtitle, in addition to any evaluation requirements that the 
Attorney Greneral may prescribe for grantees. The technical assist-
ance, training, and evaluations authorized by this section may 
be carried out directly by the Attorney Greneral, or through contracts 
or other arrangements with other entities. 
42 use 14036. 
SEC. 40607. TRAINING PROGRAMS FOR JUDGES. 
The State Justice Institute, after consultation with nationally 
recognized nonprofit organizations with expertise in stalking and 
domestic violence cases, shall conduct training programs for State 
(as defined in section 202 of the State Justice Institute Authoriza-
tion Act of 1984 (42 U.S.C. 10701)) and Indian tribal judges to 
ensure that a judge issuing an order in a stalking or domestic 
violence case has all available criminal history and other informa-
tion, whether from State or Federal sources. 
42 use 14037. 
SEC. 40608. RECOMMENDATIONS ON INTRASTATE COMMUNICATION. 
The State Justice Institute, after consultation with nationally 
recognized nonprofit associations with expertise in data sharing 
among criminal justice agencies and familiarity with the issues 
raised in stalking and domestic violence cases, shall recommend 
proposals regarding how State courts may increase intrastate 
communication between civil and criminal courts. 
42 use 14038. 
SEC. 40609. INCLUSION IN NATIONAL INCIDENT-BASED REPORTING 
SYSTEM. 
Not later than 2 years after the date of enactment of this 
Act, the Attorney General, in accordance with the States, shall 
compile data regarding domestic violence and intimidation (includ-
ing stalking) as part of the National Incident-Based Reporting 
System (NIBRS). 
42 use 14039. 
SEC. 40610. REPORT TO CONGRESS. 
The Attorney General shall submit to the Congress an annual 
report, beginning one year after the date of the enactment of this 
Act, that provides information concerning the incidence of stalking 
and domestic violence, and evaluates the effectiveness of State 
antistalking efforts and legislation. 
42 use 14040. 
SEC. 40611. DEFINITIONS. 
As used in this subtitle— 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1953 
(1) the term "national crime information databases" refers 
to the National Crime Information Center and its incorporated 
criminal history databases, including the Interstate Identifica-
tion Index; and 
(2) the term "protection order" includes an injunction or 
any other order issued for the purpose of preventing violent 
or threatening acts or harassment against, or contact or commu-
nication with or physical proximity to, another person, including 
temporary and final orders issued by civil or criminal courts 
(other than support or child custody orders) whether obtained 
by filing an independent action or as a pendente lite order 
in another proceeding so long as any civil order was issued 
in response to a complaint, petition, or motion filed by or 
on behalf of a person seeking protection. 
Subtitle G—^Protections for Battered 
Immigrant Women and Children 
SEC. 40701. ALIEN PETITIONING RIGHTS FOR IMMEDIATE RELATIVE 
OR SECOND PREFERENCE STATUS. 
(a) IN GENERAL.—Section 204(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1154(aXl)) is amended— 
(1) in subparagraph (A)— 
(A) by inserting "(i)" afl;er "(A)", 
(B) by redesignating the second sentence as clause 
(ii), and 
(C) by adding at the end the following new clauses: 
"(iii) An alien who is the spouse of a citizen of the United 
States, who is a person of good moral character, who is eligible 
to be classified 
as an immediate relative under section 
201(bX2)(AXi), and who has resided in the United States with 
the alien's spouse may file a petition with the Attorney General 
under this subparagraph for classification of the alien (and any 
child of the alien if such a child has not been classified under 
clause (iv)) under such section if the alien demonstrates to the 
Attorney General that— 
"(I) the alien is residing in the United States, the marriage 
between the alien and the spouse was entered into in good 
faith by the alien, and during the marriage the alien or a 
child of the alien has been battered by or has been the subject 
of extreme cruelty perpetrated by the alien's spouse; and 
"(II) the alien is a person whose deportation, in the opinion 
of the Attorney General, would result in extreme hardship 
to the alien or a child of the alien. 
"(iv) An alien who is the child of a citizen of the United 
States, who is a person of good moral character, who is eligible 
to be classified 
as an immediate relative under section 
201(b)(2)(A)(i), and who has resided in the United States with 
the citizen parent may file a petition with the Attorney (Jeneral 
under this subparagraph for classification of the alien under such 
section if the alien demonstrates to the Attorney General that— 
"(I) the alien is residing in the United States and during 
the period of residence with the citizen parent the alien has 
been battered by or has been the subject of extreme cruelty 
perpetrated by the alien's citizen parent; and 
108 STAT. 1954 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(11) the alien is a person whose deportation, in the opinion 
of the Attorney Greneral, would result in extreme hardship 
to the alien."; 
(2) in subparagraph (B)— 
(A) by inserting "(i)" after "(B)"; and 
(B) by adding at the end the following new clauses: 
"(ii) An alien who is the spouse of an alien lawfully admitted 
for permanent residence, who is a person of good moral character, 
who is eligible for classification under section 203(a)(2)(A), and 
who has resided in the United States with the alien's legal perma-
nent resident spouse may file a petition with the Attorney General 
under this subparagraph for classification of the alien (and any 
child of the alien if such a child has not been classified under 
clause (iii)) under such section if the alien demonstrates to the 
Attorney General that the conditions described in subclauses (I) 
and (II) of subparagraph (A)(iii) are met with respect to the alien. 
"(iii) An alien who is the child of an alien lawfully admitted 
for permanent residence, who is a person of good moral character, 
who is eligible for classification under section 203(a)(2)(A), and 
who has resided in the United States with the alien's permanent 
resident alien parent may file a petition with the Attorney General 
under this subparagraph for classification of the alien under such 
section if the alien demonstrates to the Attorney General that— 
"(I) the alien is residing in the United States and during 
the period of residence with the permanent resident parent 
the alien has been battered by or has been the subject of 
extreme cruelty perpetrated by the alien's permanent resident 
parent; and 
"(II) the alien is a person whose deportation, in the opinion 
of the Attorney General, would result in extreme hardship 
to the alien."; and 
(3) by adding at the end the following new subparagraph: 
"(H) In acting on petitions filed under clause (iii) or (iv) of 
subparagraph (A) or clause (ii) or (iii) of subparagraph (B), the 
Attorney General shall consider any credible evidence relevant to 
the petition. The determination of what evidence is credible and 
the weight to be given that evidence shall be within the sole 
discretion of the Attorney General.". 
(b) CONFORMING AMENDMENTS.—(1) Section 204(a)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1154(a)(2)) is amended— 
(A) in subparagraph (A) by striking "filed by sin gdien 
who," and inserting "for the classification of the spouse of 
an alien if the alien,"; £ind 
(B) in subparagraph (B) by striking "by an alien whose 
prior marriage" and inserting "for the classification of the 
spouse of an alien if the prior marriage of the alien". 
(2) Section 201(b)(2)(A)(i) of the Immigration and Nationality 
Act (8 U.S.C. 1151(b)(2XA)(i)) is amended by striking "204(a)(1)(A)" 
and inserting "204(a)(l)(A)(ii)". 
(c) SURVIVAL RIGHTS TO PETITION.—Section 204 of the Immigra-
tion and Nationality Act (8 U.S.C. 1154) is amended by adding 
at the end the following new subsection: 
"(h) The legal termination of a marriage may not be the sole 
basis for revocation under section 205 of a petition filed under 
subsection (a)(l)(A)(iii) or a petition filed under 
subsection 
(a)(l)(B)(ii) 
pursuant to conditions 
described in subsection 
(a)(l)(A)(iii)(I).". 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1955 
(d) EFFECTIVE DATE.—The amendments made by this section 
H use iioi note. 
shall take effect January 1, 1995. 
SEC. 40702. USE OF CREDIBLE EVTOENCE IN SPOUSAL WAIVER 
APPUCATIONS. 
(a) IN GENERAL.—Section 216(c)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1186a(c)(4)) is amended by inserting after 
the second sentence the following: "In acting on applications under 
this paragraph, the Attorney General shall consider any credible 
evidence relevant to the application. The determination of what 
evidence is credible and the weight to be given that evidence shall 
be within the sole discretion of the Attorney General.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 8 use iisfia 
shall take effect on the date of enactment of this Act and shall 
"^te. 
apply to applications made before, on, or after such date. 
SEC. 40703. SUSPENSION OF DEPORTATION. 
(a) 
BATTERED 
SPOUSE OR CHILD.—Section 244(a) of the 
Immigration and Nationality Act (8 U.S.C. 1254(a)) is amended— 
(1) by striking "or^' at the end of paragraph (1); 
(2) by striking the period at the end of paragraph (2) 
and inserting "; or"; and 
(3) by inserting after paragraph (2) the following: 
"(3) is deportable under any law of the United States 
except section 241(a)(1)(G) and the provisions specified in para-
graph (2); has been physically present in the United States 
for a continuous period of not less than 3 years immediately 
preceding the date of such application; has been battered or 
subjected to extreme cruelty in the United States by a spouse 
or parent who is a United States citizen or lawful permanent 
resident (or is the parent of a child of a United States citizen 
or lawful permanent resident and the child has been battered 
or subjected to extreme cruelty in the United States by such 
citizen or permanent resident parent); and proves that during 
all of such time in the United States the alien was and is 
a person of good moral character; and is a person whose depor-
tation would, in the opinion of the Attorney General, result 
in extreme hardship to the alien or the alien's parent or child.". 
(b) CONSIDERATION OF EVIDENCE.—Section 244 of the Immigra-
tion and Nationality Act (8 U.S.C. 1254) is amended by adding 
at the end the following new subsection: 
"(g) In acting on applications under subsection (a)(3), the Attor-
ney General shall consider any credible evidence relevant to the 
application. The determination of what evidence is credible and 
the weight to be given that evidence shall be within the sole 
discretion of the Attorney General.". 
TITLE V—DRUG COURTS 
SEC. 50001. DRUG COURTS. 
(a) IN GENERAL.—Title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended 
by section 40231(a), is amended— 
(1) by redesignating part V as part W; 
(2) by redesignating section 2201 as section 2301; and 42USC3797. 
(3) by inserting after part U the following new part: 
108 STAT. 1956 
PUBLIC LAW 103-322—SEPT. 13, 1994 
**PART V—DRUG COURTS 
42 use 3796ii. 
"SEC. 2201. GRANT AUTHORTTY. 
'The Attorney General may make grants to States, State courts, 
local courts, units of local government, and Indian tribal govern-
ments, acting directly or through agreements with other public 
or private entities, for programs that involve— 
"(1) continuing judicial supervision over offenders with sub-
stance abuse problems who are not violent offenders; and 
"(2) the integrated administration of other sanctions and 
services, which shall include— 
"(A) mandatory periodic testing for the use of controlled 
substances or other addictive substances during any period 
of supervised release or probation for each participant; 
"(B) substance abuse treatment for each participant; 
"(C) diversion, probation, or other supervised release 
involving the possibility of prosecution, confinement, or 
incarceration based on noncompliance with 
program 
requirements or failure to show satisfactory progress; and 
"(D) 
programmatic, 
offender 
management, 
and 
aftercare services such as r'^lapse prevention, health care, 
education, vocational training, job placement, housing 
placement, and child care or other family support services 
for each participant who requires such services. 
42 u s e 3796ii-l. 
"SEC. 2202. PROHffilTION OF PARTICIPATION BY VIOLENT OFFENDERS. 
"The Attorney General shall— 
Regulations. 
"(1) issue regulations and guidelines to ensure th^t the 
grograms authorized in this part do not permit participation 
y violent offenders; and 
"(2) immediately suspend funding for any grant under this 
part, pending compliance, if the Attorney General finds that 
violent offenders are participating in any program funded under 
this part. 
42 use 3796ii-2. 
"SEC. 2203. DEFINITION. 
"In this part, 'violent offender* means a person who— 
"(1) is charged with or convicted of an offense, during 
the course of which offense or conduct— 
"(A) the person carried, possessed, or used a firearm 
or dangerous weapon; 
"(B) there occurred the death of or serious bodily injury 
to any person; or 
"(C) there occurred the use of force against the person 
of another, 
without regard to whether any of the circumstances described 
in subparagraph (A), (B), or (C) is an element of the offense 
or conduct of which or for which the person is charged or 
convicted; or 
"(2) has one or more prior convictions for a felony crime 
of violence involving the use or attempted use of force against 
a person with the intent to cause death or serious bodily harm. 
42 use 3796ii-3. 
"SEC. 2204. ADMINISTRATION. 
"(a) CONSULTATION.—The Attorney General shall consult with 
the Secretary of Health and Hum£in Services and any other appro-
priate officials in carrying out this part. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1957 
"(b) USE OF COMPONENTS.—^The Attorney General may utilize 
any component or components of the Department of Justice in 
carrying out this part. 
"(c) REGULATORY AUTHORITY.—The Attorney General may issue 
regulations and guidelines necessary to carry out this part. 
"(d) APPLICATIONS.—In addition to any other requirements that 
may be specified by the Attorney General, an application for a 
grant under this part shall— 
"(1) include a long-term strategy and detailed implementa-
tion plan; 
"(2) explain the applicant's inability to fund the program 
adequately without Federal assistance; 
"(3) certify that the Federsd support provided will be used 
to supplement, and not supplant. State, Indian tribal, 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 consultation 
with all affected agencies and that there will be appropriate 
coordination with all affected agencies in the implementation 
of the program; 
"(6) certify that participating offenders will be supervised 
by one or more designated judges with responsibility for the 
drug court program; 
"(7) specify plans for obtaining necessary support and 
continuing the proposed program following the conclusion of 
Federal support; and 
"(8) describe the methodology that will be used in evaluat-
ing the program. 
•«EC. 2205. APPLICATIONS. 
'To request funds under this part, the chief executive or the 
chief justice of a State or the chief executive or chief judge of 
a unit of local government or Indian tribal government shall submit 
an application to the Attorney (Jeneral in such form and containing 
such information as the Attorney General may reasonably require. 
''SEC. 2206. FEDERAL SHARE. 
'The Federal share of a grant made under this part may 
not exceed 75 percent of the total costs of the program described 
in the application submitted under section 2205 for the fiscal year 
for which the program receives assistance under this part, unless 
the Attorney General waives, wholly or in part, the requirement 
of a matching contribution under this section. In-kind contributions 
may constitute a portion of the non-Federal share of a grant, 
"SEC. 2207. GEOGRAPmC DISTRIBUTION. 
'The Attorney General shall ensure that, to the extent prac-
ticable, an equitable geographic distribution of grant awards is 
made. 
42 u s e 3796ii-4. 
42 use 3796ii-5. 
42 use 3796ii-6. 
"SEC. 2208. REPORT. 
"A State, Indian tribal government, or unit of local government 
that receives funds under this part during a fiscal year shall submit 
to the Attorney Greneral a report in March of the following year 
regarding the effectiveness of this part. 
42 use 3796ii-7. 
108 STAT. 1958 
PUBLIC LAW 103-322—SEPT. 13, 1994 
42 u s e 3796ii-8. 
"SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION. 
"(a) TECHNICAL ASSISTANCE AND TRAINING.—The Attorney Gen-
eral may provide technical assistance and training in furtherance 
of the purposes of this part. 
"(b) EVALUATIONS.—In addition to any evaluation requirements 
that may be prescribed for grantees, the Attorney General may 
carry out or make arrangements for evaluations of programs that 
receive support under this part. 
"(c) ADMINISTRATION.—The technical assistance, training, and 
evaluations authorized by this section may be carried out directly 
by the Attorney General, in collaboration with the Secretary of 
Health and Human Services, or through grants, contracts, or other 
cooperative arrangements with other entities.". 
(b) TECHNICAL AMENDMENT.—^The table of contents of title I 
of the Omnibus Crime Control and S£ife Streets Act of 1968 (42 
U.S.C. 3711 et seq.), as amended by section 40231(b), is amended 
by striking the matter relating to part V and inserting the following: 
"PART V—DRUG COURTS 
"Sec. 2201. Grant authority. 
"Sec. 2202. Prohibition of participation by violent ofFenders. 
"Sec. 2203. Definition. 
"Sec. 2204. Administration. 
"Sec. 2205. Applications. 
"Sec. 2206. Federal share. 
"Sec. 2207. Geographic distribution. 
"Sec. 2208. Report. 
"Sec. 2209. Technical assistance, training, and evaluation. 
"PART W—TRANSITION-EFFECTIVE DATE-REPEALER 
"Sec. 2301. Continuation of rules, authorities, and proceedings.". 
(c) AUTHORIZATIO'N OF APPROPRIATIONS.—Section 1001(a) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3793), as amended by section 40231(c), is amended— 
(1) in paragraph (3) by striking "and U" and inserting 
"U, and V"; and 
(2) by adding at the end the following new paragraph: 
"(20) There are authorized to be appropriated to carry out 
part V— 
"(A) $100,000,000 for fiscal year 1995; 
"(B) $150,000,000 for fiscal year 1996; 
"(C) $150,000,000 for fiscal year 1997; 
"(D) $200,000,000 for fiscal year 1998; 
"(E) $200,000,000 for fiscal year 1999; and 
"(F) $200,000,000 for fiscal year 2000.". 
42 u s e 379ii 
note. 
Reports. 
SEC. 50002. STUDY BY THE GENERAL ACCOUNTING OFFICE. 
(a) IN GENERAL.—^The Comptroller General of the United States 
shall study and assess the effectiveness and impact of grants author-
ized by part V of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 as added by section 50001(a) and report to 
Congress the results of the study on or before January 1, 1997. 
(b) DOCUMENTS AND INFORMATION.—The Attorney General and 
grant recipients shall provide the Comptroller General with all 
relevant documents and information that the Comptroller General 
deems necessary to conduct the study under subsection (a), includ-
ing the identities and criminal records of program participants. 
(c) CRITERIA.—In assessing the effectiveness of the grants made 
under programs authorized by part V of the Omnibus Crime Control 
note. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1959 
and Safe Streets Act of 1968, the Comptroller General shall con-
sider, among other things— 
(1) recidivism rates of program participants; 
(2) completion rates among program participants; 
(3) drug use by program participants; and 
(4) the costs of the program to the criminal justice system. 
TITLE VI—DEATH PENALTY 
g^er-j ^ef 
^ 
1994. 
SEC. 60001. SHORT TITLE. 
18 USC 3591 
This title may be cited as the "Federal Death Penalty Act 
of 1994". 
SEC. 60002. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF 
THE SENTENCE OF DEATH. 
(a) IN GENERAL.—Part II of title 18, United States Code, is 
amended by inserting after chapter 227 the following new chapter: 
"CHAPTER 
228—DEATH 
SENTENCE 
"Sec. 
"3591. Sentence of death. 
"3592. Mitigating and aggravating factors to be considered in determining whether 
a sentence of death is justified. 
"3593. Special hearing to determine whether a sentence of death is justified. 
"3594. Imposition of a sentence of death. 
"3595. Review of a sentence of death. 
"3596. Implementation of a sentence of death. 
"3597. Use of State facilities. 
"3598. Special provisions for Indian country. 
''§ 3591. Sentence of death 
"(a) A defendant who has been found guilty of— 
"(1) an offense described in section 794 or section 2381; 
or 
"(2) any other offense for which a sentence of death is 
provided, if the defendant, as determined beyond a reasonable 
doubt at the hearing under section 3593— 
"(A) intentionally killed the victim; 
"(B) intentionally inflicted serious bodily injury that 
resulted in the death of the victim; 
"(C) intentionally participated in an act, contemplating 
that the life of a person would be taken or intending 
that lethal force would be used in connection with a person, 
other than one of the participants in the offense, and 
the victim died as a direct result of the act; or 
"(D) intentionally and specifically engaged in an act 
of violence, knowing that the act created a grave risk 
of death to a person, other than one of the participants 
in the offense, such that participation in the act constituted 
a reckless disregard for human life and the victim died 
as a direct result of the act, 
shall be sentenced to death if, after consideration of the factors 
set forth in section 3592 in the course of a hearing held pursuant 
to section 3593, it is determined that imposition of a sentence 
of death is justified, except that no person may be sentenced to 
death who was less than 18 years of age at the time of the offense. 
"(b) A defendant who has been found guilty of— 
108 STAT. 1960 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(1) an offense referred to in section 408(c)(1) of the Con-
trolled Substances Act (21 U.S.C. 848(c)(1)), committed as part 
of a continuing criminal enterprise offense under the conditions 
described in subsection (b) of that section which involved not 
less than twice the quantity of controlled substance described 
in subsection (bX2)(A) or twice the gross receipts described 
in subsection (b)(2)(B); or 
"(2) an offense referred to in section 408(c)(1) of the Con-
trolled Substances Act (21 U.S.C. 848(c)(1)), committed as part 
of a continuing criminal enterprise offense under that section, 
where the defendant is a principal administrator, organizer, 
or leader of such an enterprise, and the defendant, in order 
to obstruct the investigation or prosecution of the enterprise 
or an offense involved in the enterprise, attempts to kill or 
knowingly directs, advises, authorizes, or assists another to 
attempt to kill any public officer, juror, witness, or members 
of the family or household of such a person, 
shall be sentenced to death if, after consideration of the factors 
set forth in section 3592 in the course of a hearing held pursuant 
to seibtion 3593, it is determined that imposition of a sentence 
of death is justified, except that no person may be sentenced to 
death who was less than 18 years of age at the time of the offense. 
*
*
§ 3592. Mitigating and aggravating factors to be considered 
in determining whether a sentence of death is 
justified 
"(a) MITIGATING FACTORS.—In determining whether a sentence 
of death is to be imposed on a defendant, the finder of fact shall 
consider any mitigating factor, including the following: 
"(1) IMPAIRED CAPACITY.—The defendant's capacity to 
appreciate the wrongfulness of the defendant's conduct or to 
conform conduct to the requirements of law was significantly 
impaired, regardless of whether the capacity was so impaired 
as to constitute a defense to the charge. 
"(2) DURESS.—^The defendant was under unusual and 
substantial duress, regardless of whether the duress was of 
such a degree as to constitute a defense to the charge. 
"(3) MINOR PARTICIPATION.—^The defendant is punishable 
as a principal in the offense, which was committed by another, 
but the defendant's participation was relatively minor, regard-
less of whether the participation was so minor as to constitute 
a defense to the charge. 
"(4) EQUALLY CULPABLE DEFENDANTS.—Another defendant 
or defendants, equally culpable in the crime, will not be pun-
ished by death. 
"(5) No PRIOR CRIMINAL RECORD.—^The defendant did not 
have a significant prior history of other criminal conduct. 
"(6) DISTURBANCE.—The defendant committed the offense 
under severe mental or emotional disturbance. 
"(7) VICTIM'S CONSENT.—^The victim consented to the crimi-
nal conduct that resulted in the victim's death. 
"(8) OTHER FACTORS.—Other factors in the defendant's 
background, record, or character or any other circumstance 
of the offense that mitigate against imposition of the death 
sentence. 
"(b) AGGRAVATING FACTORS FOR ESPIONAGE AND TREASON.— 
In determining whether a sentence of death is justified for an 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1961 
offense described in section 3591(a)(1), the jury, or if there is no 
jury, the court, shall consider each of the following aggravating 
factors for which notice has been given and determine which, if 
any, exist: 
"(1) PRIOR ESPIONAGE OR TREASON OFFENSE.—The defend-
ant has previously been convicted of another offense involving 
espionage or treason for which a sentence of either life impris-
onment or death was authorized by law. 
"(2) GRAVE RISK TO NATIONAL SECURITY.—In the commission 
of the offense the defendant knowingly created a grave risk 
of substantial danger to the national security. 
"(3) 
GRAVE RISK OF DEATH.—In the commission of 
the 
offense the defendant knowingly created a grave risk of death 
to another person. 
The jury, or if there is no jury, the court, may consider whether 
any other aggravating factor for which notice has been given exists. 
"(c) AGGRAVATING FACTORS FOR HOMICIDE.—In determining 
whether a sentence of death is justified for an offense described 
in section 3591(a)(2), the jury, or if there is no jury, the court, 
shall consider each of the following aggravating factors for which 
notice has been given and determine which, if any, exist: 
"(1) DEATH DURING COMMISSION OF ANOTHER CRIME.—The 
death, or injury resulting in death, occurred during the commis-
sion or attempted commission of, or during the immediate 
flight from the commission of, an offense under section 32 
(destruction of aircraft or aircraft facilities), section 33 (destruc-
tion of motor vehicles or motor vehicle facilities), section 36 
(violence at international airports), section 351 (violence against 
Members of Congress, Cabinet officers, or Supreme Court Jus-
tices), an offense under section 751 (prisoners in custody of 
institution or officer), section 794 (gathering or delivering 
defense information to aid foreign government), section 844(d) 
(transportation of explosives in interstate commerce for certain 
purposes), section 844(f) (destruction of Government property 
by explosives), section 1118 (prisoners serving life term), section 
1201 (kidnaping), section 844(i) (destruction of property affect-
ing interstate commerce by explosives), section 1116 (killing 
or attempted killing of diplomats), section 1203 (hostage tak-
ing), section 1992 (wrecking trains), section 2280 (maritime 
violence), section 2281 (maritime platform violence), section 
2332 (terrorist acts abroad against United States nationals), 
section 2339 (use of weapons of mass destruction), or section 
2381 (treason) of this title, or section 46502 of title 49, United 
States Code (aircraft piracy). 
"(2) PREVIOUS CONVICTION OF VIOLENT FELONY INVOLVING 
FIREARM.—For any offense, other than an offense for which 
a sentence of death is sought on the basis of section 924(c), 
the defendant has previously been convicted of a Federal or 
State offense punishable by a term of imprisonment of more 
than 1 year, involving the use or attempted or threatened 
use of a firearm (as defined in section 921) against another 
person. 
"(3) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SEN-
TENCE OF DEATH OR LIFE IMPRISONMENT WAS AUTHORIZED.— 
The defendant has previously been convicted of another Federal 
or State offense resulting in the death of a person, for which 
108 STAT. 1962 
PUBLIC LAW 103-322—SEPT. 13, 1994 
a sentence of life imprisonment or a sentence of death was 
authorized by statute. 
"(4) PREVIOUS cohfviCTiON OF OTHER SERIOUS OFFENSES.— 
The defendant has previously been convicted of 2 or more 
Federal or State offenses, punishable by a term of imprisonment 
of more than 1 year, committed on different occasions, involving 
the infliction of, or attempted infliction of, serious bodily injury 
or death upon another person. 
"(5) GRAVE RISK OF DEATH TO ADDITIONAL PERSONS.—The 
defendant, in the commission of the offense, or in escaping 
apprehension for the violation of the offense, knowingly created 
a grave risk of death to 1 or more persons in addition to 
the victim of the offense. 
"(6) HEINOUS, CRUEL, OR DEPRAVED MANNER OF COMMITTING 
OFFENSE.—^The defendant committed the offense in an espe-
cially heinous, cruel, or depraved manner in that it involved 
torture or serious physical abuse to the victim. 
"(7) PROCUREMENT OF OFFENSE BY PAYMENT.—The defend-
ant procured the commission of the offense by pajnnent, or 
promise of payment, of anything of pecuniary value. 
"(8) 
PECUNIARY 
GAIN.—The defendant committed the 
offense as consideration for the receipt, or in the expectation 
of the receipt, of an)rthing of pecuniary value. 
"(9) SUBSTANTIAL PLANNING AND PREMEDITATION.—^The 
defendant committed the offense after substantial planning 
and premeditation to cause the death of a person or commit 
an act of terrorism. 
"(10) CONVICTION FOR TWO FELONY DRUG OFFENSES.—^The 
defendant has previously been convicted of 2 or more State 
or Federal offenses punishable by a term of imprisonment of 
more than one year, committed on different occasions, involving 
the distribution of a controlled substance. 
"(11) VULNERABILITY OF VICTIM.—The victim was particu-
larly vulnerable due to old age, youth, or infirmity. 
"(12) CONVICTION FOR SERIOUS FEDERAL DRUG OFFENSES.— 
The defendant had previously been convicted of violating title 
II or III of the Controlled Substances Act for which a sentence 
of 5 or more years may be imposed or had previously been 
convicted of engaging in a continuing criminal enterprise. 
"(13) CONTINUING CRIMINAL ENTERPRISE INVOLVING DRUG 
SALES TO MINORS.—^The defendant committed the offense in 
the course of engaging in a continuing criminal enterprise 
in violation of section 408(c) of the Controlled Substances Act 
(21 U.S.C. 848(c)), and that violation involved the distribution 
of drugs to persons under the age of 21 in violation of section 
418 of that Act (21 U.S.C. 859). 
"(14) HIGH PUBLIC OFFICIALS.—The defendant committed 
the offense against— 
"(A) the President of the United States, the President-
elect, the Vice President, the Vice President-elect, the Vice 
President-designate, or, if there is no Vice President, the 
officer next in order of succession to the office of the Presi-
dent of the United States, or any person who is acting 
, 
as President under the Constitution and laws of the United 
States; 
"(B) a chief of state, head of government, or the political 
equivalent, of a foreign nation; 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1963 
"(C) a foreign official listed in section 1116(b)(3)(A), 
if the official is in the United States on official business; 
or 
"(D) a Federal public servant who is a judge, a law 
enforcement officer, or an employee of a United States 
penal or correctional institution— 
"(i) while he or she is engaged in the performance 
of his or her official duties; 
"(ii) because of the performance of his or her official 
duties; or 
"(iii) because of his or her status as a public serv-
ant. 
For purposes of this subparagraph, a 'law enforcement 
officer' is a public servant authorized by law or by a (Govern-
ment agency or Congress to conduct or engage in the 
prevention, investigation, or prosecution or adjudication 
of an offense, and includes those engaged in corrections, 
parole, or probation functions. 
"(15) PRIOR CONVICTION OF SEXUAL ASSAULT OR CHILD 
MOLESTATION.—In the case of an offense under chapter 109A 
(sexual abuse) or chapter 110 (sexual abuse of children), the 
defendant has previously been convicted of a crime of sexual 
assault or crime of child molestation. 
The jury, or if there is no jury, the court, may consider whether 
any other aggravating factor for which notice has been given exists. 
"(d) AGGRAVATING FACTORS FOR DRUG OFFENSE DEATH PEN-
ALTY.—In determining whether a sentence of death is justified 
for an offense described in section 3591(b), the jury, or if there 
is no jury, the court, shall consider each of the following aggravating 
factors for which notice has been given and determine which, if 
any, exist: 
"(1) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SEN-
TENCE OF DEATH OR LIFE IMPRISONMENT WAS AUTHORIZED.— 
The defendant has previously been convicted of another Federal 
or State offense resulting in the death of a person, for which 
a sentence of life imprisonment or death was authorized by 
statute. 
"(2) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES.— 
The defendant has previously been convicted of two or more 
Federal or State offenses, each punishable by a term of impris-
onment of more than one year, committed on different occasions, 
involving the importation, manufacture, or distribution of a 
controlled substance (as defined in section 102 of the Controlled 
Substances Act (21 U.S.C. 802)) or the infliction of, or attempted 
infliction of, serious bodily injury or death upon another person. 
"(3) PREVIOUS SERIOUS DRUG FELONY coNviCTiON.^The 
defendant has previously been convicted of another Federal 
or State offense involving the manufacture, 
distribution, 
importation, or possession of a controlled substance (as defined 
in section 102 of the Controlled Substances Act (21 U.S.C. 
802)) for which a sentence of five or more years of imprisonment 
was authorized by statute. 
"(4) USE OF FIREARM.—In committing the offense, or in 
furtherance of a continuing criminal enterprise of which the 
offense was a part, the defendant used a firearm or knowingly 
directed, advised, authorized, or assisted another to use a fire-
arm to threaten, intimidate, assault, or i]:\jure a person. 
108 STAT. 1964 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(5) DISTRIBUTION TO PERSONS UNDER 21.—The offense, or 
a continuing criminal enterprise of which the offense was a 
part, involved conduct proscribed by section 418 of the Con-
trolled Substances Act (21 U.S.C. 859) which was committed 
directly by the defendant. 
"(6) DISTRIBUTION 
NEAR 
SCHOOLS.—The offense, 
or a 
continuing criminal enterprise of which the offense was a part, 
involved conduct proscribed by section 419 of the Controlled 
Substances Act (21 U.S.C. 860) which was committed directly 
by the defendant. 
"(7) USING MINORS IN TRAFFICKING.—The offense, or a 
continuing criminal enterprise of which the offense was a part, 
involved conduct proscribed by section 420 of the Controlled 
Substances Act (21 U.S.C. 861) which was committed directly 
by the defendant. 
"(8) 
LETHAL 
ADULTERANT.—The 
offense 
involved 
the 
importation, manufacture, or distribution of a controlled sub-
stance (as defined in section 102 of the Controlled Substances 
Act (21 U.S.C. 802)), mixed with a potentially lethal adulterant, 
and the defendant was aware of the presence of the adulterant. 
The jury, or if there is no jury, the court, may consider whether 
any other aggravating factor for which notice has been given exists. 
**§3593. Special hearing to determine whether a sentence 
of death is justiHed 
"(a) NOTICE BY THE GOVERNMENT.—If, in a case involving an 
offense described in section 3591, the attorney for the government 
believes that the circumstances of the offense are such that a 
sentence of death is justified under this chapter, the attorney shall, 
a reasonable time before the trial or before acceptance by the 
court of a plea of guilty, sign and file with the court, and serve 
on the defendant, a notice— 
"(1) stating that the government believes that the cir-
cumstances of the offense are such that, if the defendant is 
convicted, a sentence of death is justified under this chapter 
and that the government will seek the sentence of death; and 
"(2) setting forth the aggravating factor or factors that 
the government, if the defendant is convicted, proposes to prove 
as justifying a sentence of death. 
The factors for which notice is provided under this subsection 
may include factors concerning the effect of the offense on the 
victim and the victim's family, and may include oral testimony, 
a victim impact statement that identifies the victim of the offense 
and the extent and scope of the injury and loss suffered by the 
victim and the victim's family, and any other relevant information. 
The court may permit the attorney for the government to amend 
the notice upon a showing of good cause. 
"(b) HEARING BEFORE A COURT OR JURY.—If the attorney for 
the government has filed a notice as required under subsection 
(a) and the defendant is found guilty of or pleads guilty to an 
offense described in section 3591, the judge who presided at the 
trial or before whom the guilty plea was entered, or another judge 
if that judge is unavailable, shall conduct a separate sentencing 
hearing to determine the punishment to be imposed. The hearing 
shall be conducted— 
"(1) before the jury that determined the defendant's guilt; 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1965 
"(2) before a jury impaneled for the purpose of the hearing 
if— 
"(A) the defendant was convicted upon a plea of guilty; 
"(B) the defendant was convicted after a trial before 
the court sitting without a jury; 
"(C) the jury that determined the defendant's guilt 
was discharged for good cause; or 
"(D) after initial imposition of a sentence under this 
section, reconsideration of the sentence under this section 
is necessary; or 
"(3) before the court alone, upon the motion of the defend-
ant and with the approval of the attorney for the government. 
A jury impaneled pursuant to paragraph (2) shall consist of 12 
members, unless, at any time before the conclusion of the hearing, 
the parties stipulate, with the approval of the court, that it shall 
consist of a lesser number. 
"(c) PROOF OF MITIGATING AND AGGRAVATING FACTORS.—Not-
withstanding rule 32(c) of the Federal Rules of Criminal Procedure, 
when a defendant is found guilty or pleads guilty to an offense 
under section 3591, no presentence report shall be prepared. At 
the sentencing hearing, information may be presented as to any 
matter relevant to the sentence, including any mitigating or 
aggravating factor permitted or required to be considered under 
section 3592. Information presented may include the trial transcript 
and exhibits if the hearing is held before a jury or judge not 
present during the trial, or at the trial judge's discretion. The 
defendant may present any information relevant to a mitigating 
factor. The government may present any information relevant to 
an aggravating factor for which notice has been provided under 
subsection (a). Information is admissible regardless of its admissibil-
ity under the rules governing admission of evidence at criminal 
trials except that information may be excluded if its probative 
value is outweighed by the danger of creating unfair prejudice, 
confusing the issues, or misleading the jury. The government and 
the defendant shall be permitted to rebut any information received 
at the hearing, and shall be given fair opportunity to present 
argument as to the adequacy of the information to establish the 
existence of any aggravating or mitigating factor, and as to the 
appropriateness in the case of imposing a sentence of death. The 
government shall open the argument. The defendant shall be per-
mitted to reply. The government shall then be permitted to reply 
in rebuttal. iTie burden of establishing the existence of any 
aggravating factor is on the government, and is not satisfied unless 
the existence of such a factor is established beyond a reasonable 
doubt. The burden of establishing the existence of any mitigating 
factor is on the defendant, and is not satisfied unless the existence 
\ 
of such a factor is established by a preponderance of the information. 
"(d) RETURN OF SPECIAL FINDINGS.—The jury, or if there is 
no jury, the court, shall consider all the information received during 
the hearing. It shall return special findings identifjdng any 
aggravating factor or factors set forth in section 3592 found to 
exist and any other aggravating factor for which notice has been 
provided under subsection (a) found to exist. A finding with respect 
to a mitigating factor may be made by 1 or more members of 
the jury, and any member of the jury who finds the existence 
of a mitigating factor may consider such factor established for 
purposes of this section regardless of the number of jurors who 
108 STAT. 1966 
PUBLIC LAW 103-322—SEPT. 13, 1994 
concur that the factor has been established. A finding with respect 
to any aggravating factor must be unanimous. If no aggravating 
factor set forth in section 3592 is found to exist, the court shall 
impose a sentence other than death authorized by law. 
"(e) 
RETURN OF A FINDING CONCERNING A SENTENCE OF 
DEATH.—If, in the case of— 
"(1) an offense described in section 3591(aXl), an aggravat-
ing factor required to be considered under section 3592(b) is 
found to exist; 
"(2) an offense described in section 3591(a)(2), an aggravat-
ing factor required to be considered under section 3592(c) is 
found to exist; or 
"(3) an offense described in section 3591(b), an aggravating 
factor required to be considered under section 3592(d) is found 
to exist, 
the jury, or if there is no jury, the court, shall consider whether 
all the aggravating factor or factors found to exist sufficiently 
outweigh all the mitigating factor or factors found to exist to justify 
a sentence of death, or, in the absence of a mitigating factor, 
whether the aggravating factor or factors alone are sufficient to 
justify a sentence of death. Based upon this consideration, the 
jury by unanimous vote, or if there is no jury, the court, shall 
recommend whether the defendant should be sentenced to death, 
to life imprisonment without possibility of release or some other 
lesser sentence. 
"(0 
SPECIAL PRECAUTION TO ENSURE AGAINST DISCRIMINA-
TION.—In a hearing held before a jury, the court, prior to the 
return of a finding under subsection (e), shall instruct the jury 
that, in considering whether a sentence of death is justified, it 
shall not consider the race, color, religious beliefs, national origin, 
or sex of the defendant or of any victim and that the jury is 
not to recommend a sentence of death unless it has concluded 
that it would recommend a sentence of death for the crime in 
question no matter what the race, color, religious beliefs, national 
origin, or sex of the defendant or of any victim may be. The 
jury, upon return of a finding under subsection (e), shall also 
return to the court a certificate, signed by each juror, that consider-
ation of the race, color, religious beliefs, national origin, or sex 
of the defendant or any victim was not involved in reaching his 
or her individual decision and that the individual juror would 
have made the same recommendation regarding a sentence for 
the crime in question no matter what the race, color, religious 
beliefs, national origin, or sex of the defendant or any victim may 
be. 
*
*
§ 3594. Imposition of a sentence of death 
"Upon a recommendation under section 3593(e) that the defend-
ant should be sentenced to death or life imprisonment without 
possibility of release, the court shall sentence the defendant accord-
ingly. Otherwise, the court shall impose any lesser sentence that 
is authorized by law. Notwithstanding any other law, if the maxi-
mum term of imprisonment for the offense is life imprisonment, 
the court may impose a sentence of life imprisonment without 
possibility of release. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1967 
*
*
§ 3595. Review of a sentence of death 
"(a) APPEAL.—In a case in which a sentence of death is imposed, 
the sentence shall be subject to review by the court of appeals 
upon appeal by the defendant. Notice of appeal must be filed 
within the time specified for the filing of a notice of appeal. An 
appeal under this section may be consolidated with an appeal 
of the judgment of conviction and shall have priority over all other 
cases. 
"(b) REVIEW.—^The court of appeals shall review the entire 
record in the case, including— 
"(1) the evidence submitted during the trial; 
"(2) the information submitted during the sentencing hear-
ing; 
"(3) the procedures employed in the sentencing hearing; 
and 
"(4) the special findings returned under section 3593(d). 
"(c) DECISION AND DISPOSITION.— 
"(1) The court of appeals shall address all substantive 
and procedural issues raised on the appeal of a sentence of 
death, and shall consider whether the sentence of death was 
imposed under the influence of passion, prejudice, or any other 
arbitrary factor and whether the evidence supports the special 
finding of the existence of an aggravating factor required to 
be considered under section 3592. 
"(2) Whenever the court of appeals finds that— 
"(A) the sentence of death was imposed under the 
influence of passion, prejudice, or any other arbitrary fac-
tor; 
"(B) the admissible evidence and information adduced 
does not support the special finding of the existence of 
the required aggravating factor; or 
"(C) the proceedings involved any other legal error 
requiring reversal of the sentence that was properly pre-
served for appeal under the rules of criminal procedure, 
the court shall remand the case for reconsideration under sec-
tion 3593 or imposition of a sentence other than death. The 
court of appeals shall not reverse or vacate a sentence of 
death on account of any error which can be harmless, including 
any erroneous special finding of an aggravating factor, where 
the Grovemment establishes beyond a reasonable doubt that 
the error was harmless. 
"(3) The court of appeals shall state in writing the reasons 
for its disposition of an appeal of a sentence of death under 
this section. 
*
*
§ 3596. Implementation of a sentence of death 
"(a) IN GENERAL.—^A person who has been sentenced to death 
pursuant to this chapter shall be committed to the custody of 
the Attorney General until exhaustion of the procedures for appeal 
of the judgment of conviction and for review of the sentence. When 
the sentence is to be implemented, the Attorney (General shall 
release the person sentenced to death to the custody of a United 
States marshal, who shall supervise implementation of the sentence 
in the manner prescribed by the law of the State in which the 
sentence is imposed. If the law of the State does not provide 
for implementation of a sentence of death, the court shall designate 
another State, the law of which does provide for the implementation 
108 STAT. 1968 
PUBLIC LAW 103-322—SEPT. 13, 1994 
of a sentence of death, and the sentence shall be implemented 
in the latter State in the manner prescribed by such law. 
"(b) PREGNANT WOMAN.—A sentence of death shall not be car-
ried out upon a woman while she is pregnant. 
"(c) MENTAL CAPACITY.—^A sentence of death shall not be carried 
out upon a person who is mentally retarded. A sentence of death 
shall not be carried out upon a person who, £is a result of mental 
disability, lacks the mental capacity to understand the death pen-
alty and why it was imposed on that person. 
''§ 3597. Use of State facilities 
"(a) IN GENERAL.—A United States marshal charged with 
supervising the implementation of a sentence of death may use 
appropriate State or local facilities for the purpose, may use the 
services of an appropriate State or local official or of a person 
such an official employs for the purpose, and shall pay the costs 
thereof in an amount approved by the Attorney General. 
"(b) 
EXCUSE OF AN EMPLOYEE ON MORAL OR RELIGIOUS 
GROUNDS.—^No employee of any State department of corrections, 
the United States Department of Justice, the Federal Bureau of 
Prisons, or the United States Marshals Service, and no employee 
providing services to that department, bureau, or service under 
contract shall be required, as a condition of that employment or 
contractual obligation, to be in attendance at or to participate 
in any prosecution or execution under this section if such participa-
tion is contrary to the moral or religious convictions of the employee. 
In this subsection, 'participation in executions' includes personal 
preparation of the condemned individual and the appsiratus used 
for execution and supervision of the activities of other personnel 
in carrying out such activities. 
*
*
§ 3698. Special provisions for Indian country 
"Notwithstanding sections 1152 and 1153, no person subject 
to the criminal jurisdiction of an Indian tribal government shall 
be subject to a capital sentence under this chapter for any offense 
the Federal jurisdiction for which is predicated solelv on Indian 
country (as deflned in section 1151 of this title) and which has 
occurred within the boundaries of Indian country, unless the govern-
ing body of the tribe has elected that this chapter have effect 
over land and persons subject to its criminal jurisdiction.". 
(b) TECHNICAL AMENDMENT.—The part analysis for part II of 
title 18, United States Code, is amended by inserting after the 
item relating to chapter 227 the following new item: 
"228. Death sentence 
3591". 
SEC. 60003. SPECIFIC OFFENSES FOR WmCH DEATH PENALTY IS 
AUTHORIZED. 
(a) CONFORMING CHANGES IN TITLE 18.—Title 18, United States 
Code, is amended as follows: 
(1) AIRCRAFT AND MOTOR VEHICLES.—Section 34 of title 
18, United States Code, is amended by striking the comma 
after "imprisonment for life", inserting a period, and striking 
the remainder of the section. 
(2) ESPIONAGE.—Section 794(a) of title 18, United States 
Code, is amended by striking the period at the end of the 
section and inserting ", except that the sentence of death shall 
not be imposed unless the jury or, if there is no jury, the 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1969 
court, further finds that the offense resulted in the identifica-
tion by a foreign power (as defined in section 101(a) of the 
Foreign Intelligence Surveillance Act of 1978) of an individual 
acting as an agent of the United States and consequently 
in the death of that individual, or directly concerned nuclear 
weaponry, military spacecrEift or satellites, early warning 
systems, or other means of defense or retaliation against large-
scale attack; war plans; communications intelligence or cryp-
tographic information; or any other major weapons system or 
major element of defense strategy.". 
(3) EXPLOSIVE MATERIALS.—(A) Section 844(d) of title 18, 
United States Code, is amended by striking "as provided in 
section 34 of this title". 
(B) Section 844(f) of title 18, United States Code, is 
amended by striking "as provided in section 34 of this title". 
(C) Section 844(i) of title 18, United States Code, is 
amended by striking "as provided in section 34 of this title". 
(4) MURDER.—Tlie second undesignated paragraph of sec-
tion 1111(b) of title 18, United States Code, is amended to 
read as follows: 
"Whoever is guilty of murder in the first degree shall 
be punished by death or by imprisonment for life;". 
(5) KILLING OF FOREIGN OFFICIAL.—Section 1116(a) of title 
18, United States Code, is amended by striking "any such 
person who is found guilty of murder in the first degree shall 
be sentenced to imprisonment for life, and". 
(6) KIDNAPPING.—Section 1201(a) of title 18, United States 
Code, is amended by inserting after "or for life" the following: 
"and, if the death of any person results, shall be punished 
by death or life imprisonment". 
(7) NONMAILABLE INJURIOUS ARTICLES.—The last paragraph 
of section 1716 of title 18, United States Code, is amended 
by striking the comma after "imprisonment for life" and insert-
ing a period and striking the remainder of the paragraph. 
(8) WRECKING TRAINS.—The second to the last undesignated 
paragraph of section 1992 of title 18, United States Code, 
is amended by striking the comma after "imprisonment for 
life", inserting a period, and striking the remainder of the 
section. 
(9) BANK ROBBERY.—Section 2113(e) of title 18, United 
States Code, is amended by striking "or punished by death 
if the verdict of the jury shall so direct" and inserting "or 
if death 
results 
shall be punished by death or life 
imprisonment". 
(10) HOSTAGE TAKING.—Section 1203(a) of title 18, United 
States Code, is amended by inserting after "or for life" the 
following: "and, if the death of any person results, shall be 
punished by death or life imprisonment". 
(11) MURDER FOR HIRE.—Section 1958 of title 18, United 
States Code, is amended by striking "and if death results, 
shall be subject to imprisonment for any term of years or 
for life, or shall be fined not more than $50,000, or both" 
and inserting "and if death results, shall be punished by death 
or life imprisonment, or shall be fined not more than $250,000, 
or both". 
(12) RACKETEERING.—Section 1959(a)(1) of title 18, United 
States Code, is amended to read as follows: 
108 STAT. 1970 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(1) for murder, by death or life imprisonment, or a fine 
of not more than $250,000, or both; and for kidnapping, by 
imprisonment for any term of years or for life, or a fine of 
not more than $250,000, or both;". 
(13) GENOCIDE.—Section 1091(b)(1) of title 18, United 
States Code, is amended by striking "a fine of not more than 
$1,000,000 or imprisonment for life," and inserting ", where 
death results, by death or imprisonment for life and a fine 
of not more than $1,000,000, or both;". 
(14) CARJACKING.—Section 2119(3) of title 18, United States 
Code, is amended by striking the period after "both" and insert-
ing ", or sentenced to death."; and by striking ", possessing 
a firearm as defined in section 921 of this title," and inserting 
", with the intent to cause death or serious bodily harm", 
(b) CONFORMING AMENDMENT TO FEDERAL AVIATION ACT OF 
1954.^I!hapter 465 of title 49, United States Code, is amended— 
(1) in the chapter analysis by striking "Death penalty 
sentencing 
procedure for aircraft 
piracy" and inserting 
"Repealed"; and 
(2) by striking section 46503. 
18 use 3591 
SEC. 60004. APPLICABILITY TO UNIFORM CODE OF MILITARY JUSTICE. 
Chapter 228 of title 18, United States Code, as added by this 
title, shall not apply to prosecutions under the Uniform Code of 
Military Justice (10 U.S.C. 801). 
SEC. 60005. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER. 
(a) IN GENERAL.—Chapter 51 of title 18, United States Code, 
is amended by adding at the end the following new section: 
"§ 1118. Murder by a Federal prisoner 
"(a) OFFENSE.—A person who, while confined in a Federal 
correctional institution under a sentence for a term of life imprison-
ment, commits the murder of another shall be punished by death 
or by life imprisonment. 
"(b) DEFINITIONS.—In this section— 
"'Federal correctional institution' means any Federal 
prison. Federal correctional facility. Federal community pro-
gram center, or Federal halfwav house. 
"'murder' means a first degree or second degree murder 
(as defined in section 1111). 
" 'term of life imprisonment' means a sentence for the term 
of natural life, a sentence commuted to natural life, an indeter-
minate term of a minimum of at least fifteen years and a 
maximum of life, or an unexecuted sentence of death.". 
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter 
51 of title 18, United States Code, is amended by adding at the 
end the following new item: 
"1118. Murder by a Federal prisoner.". 
SEC. 60006. DEATH PENALTY FOR CIVIL RIGHTS MURDERS. 
(a) CONSPIRACY AGAINST RIGHTS.—Section 241 of title 18, 
United States Code, is amended by striking the period at the 
end of the last sentence and inserting ", or may be sentenced 
to death.". 
(b) DEPRIVATION OF RIGHTS UNDER COLOR OF LAW.—Section 
242 of title 18, United States Code, is amended by striking the 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1971 
period at the end of the last sentence and inserting ", or may 
be sentenced to death.". 
(c) FEDERALLY PROTECTED ACTIVITIES.—Section 245(b) of title 
18, United States Code, is amended in the matter following para-
graph (5) by inserting ", or may be sentenced to death" after 
"or for life". 
(d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUCTION OF THE 
FREE EXERCISE OF RELIGIOUS RIGHTS.—Section 247(c)(1) of title 
18, United States Code, is amended by inserting ", or may be 
sentenced to death" after "or both". 
SEC. 
6
0
0
0
7
. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW 
ENFORCEMENT 
OFFICLU^. 
Section 1114 of title 18, United States Code, is amended by 
striking "punished as provided under sections 1111 and 1112 of 
this title," and inserting "punished, in the case of murder, as 
provided under section 1111, or, in the case of manslaughter, as 
provided under section 1112.". 
SEC. 60008. NEW OFFENSE FOR THE INDISCRIMINATE USE OF WEAP- Drive-By 
ONS TO FURTHER DRUG CONSPIRACIES. 
Shooting 
Prevention Act 
(a) SHORT TITLE.—^This section may be cited as the "Drive- of 1994. 
By Shooting Prevention Act of 1994". 
18 USC 36 note. 
(b) IN GENERAL.—Chapter 2 of title 18, United States Code, 
is amended by adding at the end the following new section: 
"*§ 36. Drive-by shooting 
"(a) DEFINITION.—In this section, 'major drug offense' means— 
"(1) a continuing criminal enterprise punishable under sec-
tion 403(c) of the Controlled Substances Act (21 U.S.C. 848(c)); 
"(2) a conspiracy to distribute controlled substances punish-
able under section 406 of the Controlled Substances Act (21 
U.S.C. 846) section 1013 of the Controlled Substances Import 
and Export Control Act (21 U.S.C. 963); or 
"(3) an offense involving major quantities of drugs and 
punishable under section 401(b)(1)(A) of the Controlled Sub-
stances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1) of 
the Controlled Substances Import and Export Act (21 U.S.C. 
960(b)(1)). 
"(b) OFFENSE AND PENALTIES.—(1) A person who, in furtherance 
or to escape detection of a major drug offense and with the intent 
to intimidate, harass, injure, or maim, fires a weapon into a group 
of two or more persons and who, in the course of such conduct, 
causes grave risk to any human life shall be punished by a term 
of no more than 25 years, by fine under this title, or both. 
"(2) A person who, in furtherance or to escape detection of 
a major drug offense and with the intent to intimidate, harass, 
injure, or maim, fires a weapon into a group of 2 or more persons 
and who, in the course of such conduct, kills any person shall, 
if the killing— 
"(A) is a first degree murder (as defined in section 1111(a)), 
be punished by death or imprisonment for any term of years 
or for life, fined under this title, or both; or 
"(B) is a murder other than a first degree murder (as 
defined in section 1111(a)), be fined under this title, imprisoned 
for any term of years or for life, or both.". 
108 STAT. 1972 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(c) TECHNICAL AMENDMENT.—^The chapter analysis for chapter 
2 of title 18, United States Code, is amended by adding at the 
end the following new item: 
"36. Drive-by shooting.". 
SEC. 60009. FOREIGN MURDER OF UNITED STATES NATIONALS. 
(a) IN GENERAL.—Chapter 51 of title 18, United States Code, 
as amended by section 60005(a), is amended by adding at the 
end the following new section: 
*
*
§ 1119. Foreign murder of United States nationals 
"(a) DEFINITION.—In this section, 'national of the United States' 
has the meaning stated in section 101(a)(22) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(22)). 
"(b) OFFENSE.—A person who, being a national of the United 
States, kills or attempts to kill a national of the United States 
while such national is outside the United States but within the 
jurisdiction of another country shall be punished as provided under 
sections 1111,1112, and 1113. 
"(c) LIMITATIONS ON PROSECUTION.—<1) NO prosecution may 
be instituted against any person under this section except upon 
the written approval of the Attorney General, the Deputy Attorney 
General, or an Assistant Attorney Greneral, which function of 
approving prosecutions may not be delegated. No prosecution shall 
be approved if prosecution has been previously undertaken by a 
foreign country for the same conduct. 
"(2) No prosecution shall be approved under this section unless 
the Attorney General, in consultation with the Secretary of State, 
determines that the conduct took place in a country in which 
the person is no longer present, and the country lacks the ability 
to lawfully secure the person's return. A determination by the 
Attorney General under this paragraph is not subject to judicial 
review.". 
(b) TECHNICAL AMENDMENTS.—(1) Section 1117 of title 18, 
United States Code, is amended by striking "or 1116" and inserting 
"1116, or 1119". 
(2) The chapter analysis for chapter 51 of title 18, United 
States Code, as amended by section 60()05(a), is amended by adding 
at the end the following new item: 
"1119. Foreign murder of United States nationals.". 
SEC. 60010. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION 
MURDERS. 
(a) OFFENSE.—Chapter 109A of title 18, United States Code, 
is amended— 
(1) by redesignating section 2245 as section 2246; and 
(2) by inserting after section 2244 the following new section: 
*
*
§ 2245. Sexual abuse resulting in death 
"A person who, in the course of an offense under this chapter, 
engages in conduct that results in the death of a person, shall 
be punished by death or imprisoned for any term of years or 
for life.". 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1973 
(b) TECHNICAL AMENDMENTS.—^The chapter analysis for chapter 
109A of title 18, United States Code, is amended by striking the 
item for section 2245 and inserting the following: 
"2245. Sexual abuse resulting in death. 
"2246. Definitions for chapter.". 
SEC. 60011. DEATH PENALTY FOR SEXUAL EXPLOITATION OF CHIL-
DREN. 
Section 2251(d) of title 18, United States Code, is amended 
by adding at the end the following: "Whoever, in the course of 
an offense under this section, engages in conduct that results in 
the death of a person, shall be punished by death or imprisoned 
for any term of years or for life.". 
SEC. 60012. MURDER BY ESCAPED PRISONERS. 
(a) IN GENERAL.—Chapter 51 of title 18, United States Code, 
as amended by section 60009(a), is amended by adding at the 
end the following new section: 
^§ 1120. Murder by escaped prisoners 
"(a) DEFINITION.—In this section, 'Federal prison' and 'term 
of life imprisonment' have the meanings stated in section 1118. 
"(b) OFFENSE AND PENALTY.—^A person, having escaped from 
-^ 
a Federal prison where the person was confined under a sentence 
for a term of life imprisonment, kills another shall be punished 
as provided in sections 1111 and 1112.". 
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter 
51 of title 18, United States Code, as amended by section 
60009(b)(2), is amended by adding at the end the following new 
item: 
"1120. Miuxler by escaped prisoners.". 
SEC. 60013. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL 
CRIMES OF VIOLENCE AND DRUG TRAFFICKING CRIMES. 
Section 924 of title 18, United States Code, is amended by 
adding at the end the following new subsection: 
"(i) A person who, in the course of a violation of subsection 
(c), causes the death of a person through the use of a firearm, 
shall— 
"(1) if the killing is a murder (as defined in section 1111), 
be punished by death or by imprisonment for any term of 
years or for life; and 
"(2) if the killing is manslaughter (as defined in section 
1112), be punished as provided in that section.". 
SEC. 60014. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIRE-
ARMS IN FEDERAL FACILITIES. 
Section 930 of title 18, United States Code, is amended— 
(1) by redesignating subsections (c), (d), (e), and (f) as 
subsections (d), (e), (f), and (g), respectively; 
(2) in subsection (a) by striking "(c)" and inserting "(d)"; 
and 
(3) by inserting after subsection (b) the following new sub-
section: 
"(c) A person who kills or attempts to kill any person in the 
course of a violation of subsection (a) or (b), or in the course 
of an attack on a Federal facility involving the use of a firearm 
108 STAT. 1974 
PUBLIC LAW 103-322—SEPT. 13, 1994 
or other dangerous weapon, shall be punished as provided in sec-
tions 1111,1112, and 1113.". 
SEC. 60015. DEATH PENALTY FOR THE MURDER OF STATE OR LOCAL 
OFFICIALS ASSISTING FEDERAL LAW ENFORCEMENT 
OFFICIALS AND STATE CORRECTIONAL OFFICERS. 
(a) IN GENERAL.—Chapter 51 of title 18, United States Code, 
as amended by section 60012(a), is amended by adding at the 
end the following new section: 
"§ 1121. Killing persons aiding Federal investigations or State 
correctional officers 
"(a) Whoever intentionally kills— 
"(1) a State or local official, law enforcement officer, or 
other officer or employee while working with Federal law 
enforcement officials in furtherance of a Federal criminal inves-
tigation— 
"(A) while the victim is engaged in the performance 
of official duties; 
"(B) because of the performance of the victim's official 
duties; or 
"(C) because of the victim's status as a public servant; 
or 
"(2) any person assisting a Federal criminal investigation, 
while that assistance is being rendered and because of it, 
shall be sentenced according to the terms of section 1111, including 
by sentence of death or by imprisonment for life. 
"(b)(1) Whoever, in a circumstance described in paragraph (3) 
of this subsection, while incarcerated, intentionally kills any State 
correctional officer engaged in, or on account of the performance 
of such officer's official duties, shall be sentenced to a term of 
imprisonment which shall not be less than 20 years, and may 
be sentenced to life imprisonment or death. 
"(2) As used in this section, the term, 'State correctional officer* 
includes any officer or employee of any prison, jail, or other deten-
tion facility, operated by, or under contract to, either a State or 
local governmental agency, whose job responsibilities include provid-
ing for the custody of incarcerated individuals. 
"(3) The circumstance referred to in paragraph (1) is that— 
"(A) the correctional officer is engaged in transporting the 
incarcerated person interstate; or 
"(B) the incarcerated person is incarcerated pursuant to 
a conviction for an offense against the United States.". 
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter 
51 of title 18, United States Code, as amended by section 60012(b), 
is amended by adding at the end the following new item: 
"1121. Killing persons aiding Federal investigations or State correctional officers.". 
SEC. 60016. PROTECTION OF COURT OFFICERS AND JURORS. 
Section 1503 of title 18, United States Code, is amended— 
(1) by inserting "(a)" before "Whoever"; 
(2) by striking "fined not more than $5,000 or imprisoned 
not more than five years, or both." and inserting "punished 
as provided in subsection (b)."; 
(3) by adding at the end the following new subsection: 
"(b) The punishment for an offense under this section is— 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1975 
"(1) in the case of a killing, the punishment provided in 
sections 1111 and 1112; 
"(2) in the case of an attempted killing, or a case in which 
the offense was committed against a petit juror and in which 
a class A or B felony was charged, imprisonment for not more 
than 20 years, a fine under this title, or both; and 
"(3) in any other case, imprisonment for not more than 
10 years, a fine under this title, or both."; and 
(4) in subsection (a), as designated by paragraph (1), by 
striking "commissioner" each place it appears and inserting 
"magistrate judge". 
SEC. 60017. PROHmrnON OF RETALIATORY KILLINGS OF WITNESSES, 
VICTIMS, AND INFORMANTS. 
Section 1513 of title 18, United States Code, is amended— 
(1) by redesignating subsections (a) and (b) as subsections 
(b) and (c), respectively; and 
(2) by inserting after the section heading the following 
new subsection: 
"(a)(1) Whoever kills or attempts to kill another person with 
intent to retaliate against any person for— 
"(A) the attendance of a witness or party at an official 
proceeding, or any testimony given or any record, document, 
or other object produced by a witness in an official proceeding; 
or 
"(B) providing to a law enforcement officer any information 
relating to the commission or possible commission of a Federal 
offense or a violation of conditions of probation, parole, or 
release pending judicial proceedings, 
shall be punished as provided in pEiragraph (2). 
"(2) The punishment for an offense under this subsection is— 
"(A) in the case of a killing, the punishment provided 
in sections 1111 and 1112; and 
"(B) in the case of an attempt, imprisonment for not more 
than 20 years.". 
SEC. 60018. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES. 
Section 1512(aX2)(A) of title 18, United States Code, is amended 
to read as follows: 
"(A) in the case of murder (as defined in section 1111), 
the death penalty or imprisonment for life, and in the case 
of any other killing, the punishment provided in section 1112;". 
SEC. 60019. OFFENSES OF VIOLENCE AGAINST MARITIME NAVIGATION 
OR FIXED PLATFORMS. 
(a) IN GENERAL.—Chapter 111 of title 18, United States Code, 
is amended by adding at the end the following new sections: 
*
*
§ 2280. Violence against maritime navigation 
"(a) OFFENSES.— 
"(1) IN GENERAL.—^A person who unlawfully and inten-
tionally— 
"(A) seizes or exercises control over a ship by force 
or threat thereof or any other form of intimidation; 
"(B) performs an act of violence against a person on 
board a ship if that act is likely to endanger the safe 
navigation of that ship; 
108 STAT. 1976 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(C) destroys a ship or causes damage to a ship or 
to its cargo which is likely to endanger the safe navigation 
of that ship; 
"(D) places or causes to be placed on a ship, by any 
means whatsoever, a device or substance which is likely 
to destroy that ship, or cause damage to that ship or 
its cargo which endangers or is likely to endanger the 
safe navigation of that ship; 
"(E) destroys or seriously damages maritime naviga-
tional facilities or seriously interferes with their operation, 
if such act is likely to endanger the safe navigation of 
a ship; 
"(F) communicates information, knowing the informa-
tion to be false and under circumstances in which such 
information may reasonably be believed, thereby endanger-
ing the safe navigation of a ship; 
"(G) injures or kills any person in connection with 
the commission or the attempted commission of any of 
the offenses set forth in subparagraphs (A) through (F); 
or 
"(H) attempts to do any act prohibited under subpara-
graphs (A) through (G), 
shall be fined under this title, imprisoned not more than 20 
years, or both; and if the death of any person results from 
conduct prohibited by this paragraph, shall be punished by 
death or imprisoned for any term of years or for life. 
"(2) THREAT TO NAVIGATION.—A person who threatens to 
do any act prohibited under paragraph (1) (B), (C) or (E), 
with apparent determination and will to carry the threat into 
execution, if the threatened act is likely to endanger the safe 
navigation of the ship in question, shall be fined under this 
title, imprisoned not more than 5 years, or both. 
"(b) JURISDICTION.—^There is jurisdiction over the activity 
prohibited in subsection (a)— 
"(1) in the case of a covered ship, if— 
"(A) such activity is committed— 
"(i) against or on board a ship flying the flag 
of the United States at the time the prohibited activity 
is committed; 
"(ii) in the United States and the activity is not 
prohibited as a crime by the State in which the activity 
takes place; or 
"(iii) the activity takes place on a ship flying the 
flag of a foreign country or outside the United States, 
by a national of the United States or by a stateless 
gerson whose habitual residence is in the United 
tates; 
"(B) during the commission of such activity, a national 
of the United States is seized, threatened, injured or killed; 
or 
"(C) the offender is later found in the United States 
after such activity is committed; 
"(2) in the case of a ship navigating or scheduled to navigate 
solely within the territorial sea or internal waters of a country 
other than the United States, if the offender is later found 
in the United States after such activity is committed; and 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1977 
"(3) in the case of any vessel, if such activity is committed 
in an attempt to compel the United States to do or abstain 
from doing any act. 
"(c) BAR TO PROSECUTION.—It is a bar to Federal prosecution 
under subsection (a) for conduct that occurred within the United 
States that the conduct involved was during or in relation to a 
labor dispute, and such conduct is prohibited as a felony under 
the law of the State in which it was committed. For purposes 
of this section, the term 'labor dispute' has the meaning set forth 
in section 2(c) of the Norris-LaGuardia Act, as amended (29 U.S.C. 
113(c)). 
"(d) DELIVERY OF SUSPECTED OFFENDER.—The master of a cov-
ered ship flying the flag of the United States who has reasonable 
grounds to believe that there is on board that ship any person 
who has committed an offense under Article 3 of the Convention 
for the Suppression of Unlawful Acts Against the Safety of Maritime 
Navigation may deliver such person to the authorities of a State 
Party to that Convention. Before delivering such person to the 
authorities of another country, the master shall notify in an appro-
priate manner the Attorney General of the United States of the 
alleged offense and await instructions from the Attorney General 
as to what action to take. When delivering the person to a country 
which is a State Party to the Convention, the master shall, when-
ever practicable, and if possible before entering the territorial sea 
of such country, notify the authorities of such country of the master's 
intention to deliver such person and the reasons therefor. If the 
master delivers such person, the master shall furnish to the authori-
ties of such country the evidence in the master's possession that 
pertains to the alleged offense. 
"(e) DEFINITIONS.—^In this section— 
"'covered ship' means a ship that is navigating or is sched-
uled to navigate into, through or from waters beyond the outer 
limit of the territorial sea of a single country or a lateral 
limit of that country's territorial sea with an adjacent country, 
"'national of the United States* has the meaning stated 
in section 101(a)(22) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(22)). 
"'territorial sea of the United States' means all waters 
extending seaward to 12 nautical miles from the baselines 
of the United States determined in accordance with inter-
national law. 
" 'ship' means a vessel of any type whatsoever not perma-
nently attached to the sea-bed, including d3mamically supported 
craft, submersibles or any other floating craft, but does not 
include a warship, a ship owned or operated by a government 
when being used as a naval auxiliary or for customs or police 
purposes, or a ship which has been withdrawn from navigation 
or laid up. 
"'United States', when used in a geographical sense, 
includes the Commonwealth of Puerto Rico, the Commonwealth 
of the Northern Mariana Islands and all territories and posses-
sions of the United States. 
"§ 2281. Violence against maritime fixed platforms 
"(a) OFFENSES.— 
"(1) IN GENERAL.—^A person who unlawfully and inten-
tionally— 
79-194 O—95—8 : QL 3 Part 3 
108 STAT. 1978 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(A) seizes or exercises control over a fixed platform 
by force or threat thereof or any other form of intimidation; 
"(B) performs an act of violence against a person on 
board a fixed platform if that act is likely to endanger 
its safety; 
"(C) destroys a fixed platform or causes damage to 
it which is likely to endanger its safety; 
"(D) places or causes to be placed on a fixed platform, 
by any means whatsoever, a device or substance which 
is likely to destroy that fixed platform or likely to endanger 
its safety; 
"(E) injures or kills any person in connection with 
the commission or the attempted commission of any of 
the offenses set forth in subparagraphs (A) through (D); 
or 
"(F) attempts to do anj^hing prohibited under subpara-
graphs (A) through (E), 
shall be fined under this title, imprisoned not more than 20 
years, or both; and if death results to any person from conduct 
prohibited by this paragraph, shall be punished by death or 
imprisoned for any term of years or for life. 
"(2) THREAT TO SAFETY.—^A person who threatens to do 
an3^hing prohibited under paragraph (1) (B) or (C), with appar-
ent determination and will to carry the threat into execution, 
if the threatened act is likely to endanger the safety of the 
fixed platform, shall be fined under this title, imprisoned not 
more than 5 years, or both. 
"(b) JURISDICTION.—^There is jurisdiction over the activity 
prohibited in subsection (a) if— 
"(1) such activity is committed against or on board a fixed 
platform— 
"(A) that is located on the continental shelf of the 
United States; 
"(B) that is located on the continental shelf of another 
country, by a national of the United States or by a stateless 
person whose habitual residence is in the United States; 
or 
"(C) in an attempt to compel the United States to 
do or abstain from doing any act; 
"(2) during the commission of such activity against or on 
board a fixed platform located on a continental shelf, a national 
of the United States is seized, threatened, injured or killed; 
or 
"(3) such activity is committed against or on board a fixed 
platform located outside the United States and beyond the 
continental shelf of the United States and the ofiiender is later 
found in the United States. 
"(c) BAR TO PROSECUTION.—It is a bar to Federal prosecution 
under subsection (a) for conduct that occurred within the United 
States that the conduct involved was during or in relation to a 
labor dispute, and such conduct is prohibited as a felony under 
the law of the State in which it was committed. For purposes 
of this section, the term 'labor dispute' has the meaning set forth 
in section 2(c) of the Norris-LaGuardia Act, as amended (29 U.S.C. 
113(c)). 
"(d) DEFINITIONS.—In this section— 
note. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1979 
"'continental shelf means the sea-bed and subsoil of the 
submarine areas that extend beyond a country's territorial sea 
to the limits provided by customary international law as 
reflected in Article 76 of the 1982 Convention on the Law 
of the Sea. 
"'fixed platform' means an artificial island, installation 
or structure permanently attached to the sea-bed for the pur-
pose of exploration or exploitation of resources or for other 
economic purposes. 
"'national of the United States' has the meaning stated 
in section 101(a)(22) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(22)). 
"'territorial sea of the United States' means all waters 
extending seaward to 12 nautical miles from the baselines 
of the United States determined in accordance with inter-
national law. 
"'United States', when used in a geographical sense, 
includes the Commonwealth of Puerto Rico, the Commonwealth 
of the Northern Mariana Islands and all territories and posses-
sions of the United States.". 
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter 
111 of title 18, United States Code, is amended by adding at 
the end the following new items: 
"2280. Violence against maritime navigation. 
"2281, Violence against maritime fixed platforms.". 
(c) EFFECTIVE DATES.—^This section and the amendments made 18 use 2280 
by this section shall take effect on the later of— 
(1) the date of the enactment of this Act; or 
(2)(A) in the case of section 2280 of title 18, United States 
Code, the date the Convention for the Suppression of Unlawful 
Acts Against the Safety of Maritime Navigation has come into 
force and the United States has become a party to that Conven-
tion; and 
(B) in the case of section 2281 of title 18, United States 
Code, the date the Protocol for the Suppression of Unlawful 
Acts Against the Safety of Fixed Platforms Located on the 
Continental Shelf has come into force and the United States 
has become a party to that Protocol, 
SEC. 60020. TORTURE. 
Section 2340A(a) of title 18, United States Code, is amended 
by inserting "punished by death or" before "imprisoned for any 
term of years or for life.". 
SEC. 60021. VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL 
AVIATION. 
(a) OFFENSE.—Chapter 2 of title 18, United States Code, as 
amended by section 60008(b), is amended by adding at the end 
the following new section: 
*
*
§ 37. Violence at international airports 
"(a) OFFENSE.—^A person who unlawfully and intentionally, 
using any device, substance, or weapon— 
"(1) performs an act of violence against a person at an 
airport serving international civil aviation that causes or is 
likely to cause serious bodily injury (as defined in section 1365 
of this title) or death; or 
108 STAT. 1980 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(2) destroys or seriously damages the facilities of an airport 
serving international civil aviation or a civil aircraft not in 
service located thereon or disrupts the services of the airport, 
if such an act endangers or is likely to endanger safety at that 
airport, or attempts to do such an act, shall be fined under this 
title, imprisoned not more than 20 years, or both; and if the death 
of any person results from conduct prohibited by this subsection, 
shall be punished by death or imprisoned for any term of years 
or for life. 
"(b) JURISDICTION.—^There is jurisdiction over the prohibited 
activity in subsection (a) i
f
— 
"(1) the prohibited activity takes place in the United States; 
or 
"(2) the prohibited activity takes place outside the United 
States and the offender is later found in the United States. 
"(c) It is a bar to Federal prosecution under subsection (a) 
for conduct that occurred within the United States that the conduct 
involved was during or in relation to a labor dispute, and such 
conduct is prohibited as a felony under the law of the State in 
which it was committed. For purposes of this section, the term 
'labor dispute' has the meaning set forth in section 2(c) of the 
Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)). 
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter 
2 of title 18, United States Code, as amended by section 60008(c), 
is amended by adding at the end the following new item: 
"37. Violence at international airports.". 
18 use 37 note. 
(c) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on the later o
f
— 
(1) the date of enactment of this Act; or 
(2) the date on which the Protocol for the Suppression 
of Unlawful Acts of Violence at Airports Serving International 
Civil Aviation, Supplementary to the Convention for the 
Suppression of Unlawful Acts Against the Safety of Civil Avia-
tion, done at Montreal on 23 September 1971, has come into 
force and the United States has become a party to the Protocol. 
SEC. 60022. TERRORIST DEATH PENALTY ACT. 
Section 2332(aXl) of title 18, United States Code is amended 
to read as follows: 
"(1) if the killing is murder (as defined in section 1111(a)), 
be fined under this title, punished by death or imprisonment 
for any term of years or for life, or both;". 
SEC. 60023. WEAPONS OF MASS DESTRUCTION. 
(a) OFFENSE.—Chapter 113A of title 18, United States Code, 
is amended by inserting after section 2332 the following new section: 
^§ 2332a. Use of weapons of mass destruction 
"(a) OFFENSE.—^A person who uses, or attempts or conspires 
to use, a weapon of mass destruction— 
"(1) against a national of the United States while such 
national is outside of the United States; 
"(2) against any person within the United States; or 
"(3) against any property that is owned, leased or used 
by the United States or by any department or agency of the 
United States, whether the property is within or outside of 
the United States, 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1981 
shall be imprisoned for 8uiy term of years or for life, and if death 
results, shall be punished by death or imprisoned for any term 
of years or for life. 
"(b) DEFINITIONS.—^For purposes of this section— 
"(1) the term 'national of the United States' has the mean-
ing given in section 101(a)(22) of the Immigration and National-
ity Act (8 U.S.C. 1101(aX22)); and 
"(2) the term 'weapon of mass destruction' means— 
"(A) any destructive device as defined in section 921 
of this title; 
"(B) poison gas; 
"(C) any weapon involving a disease organism; or 
"(D) any weapon that is designed to release radiation 
or radioactivity at a level dangerous to human life.". 
(b) TECHNICAL AMENDMENT.—^The chapter analysis for chapter 
113A of title 18, United States Code, is amended by inserting 
after the item relating to section 2332 the following: 
"2332a. Use of weapons of mass destruction.". 
SEC. 60024. ENHANCED PENALTIES FOR ALIEN SMUGGLING. 
Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 
1324(a)) is amended— 
(1) in paragraph (1)— 
(A) by striking "(1) Any person" and inserting "(1)(A) 
Any person"; 
(B) by striking "(A) knowing" and inserting "(i) know-
ing"; 
(C) by striking "(B) knowing" £ind inserting "(ii) know-
ing" 
ing" 
(D) by striking "(C) knowing" and inserting "(iii) know-
(E) by striking "(D) encourages" and inserting "(iv) 
encourages"; 
(F) by striking "shall be fined in accordance with title 
18, or imprisoned not more than five years, or both, for 
each alien in respect to whom any violation of this para-
graph occurs" and inserting "shall be punished as provided 
in subparagraph (B)"; and 
(G) by adding at the end the following new subpara-
graph: 
"(B) A person who violates subparagraph (A) shall, for each 
alien in respect to whom such a violation occurs— 
"(i) in the case of a violation of subparagraph (A)(i), be 
fined under title 18, United States Code, imprisoned not more 
than 10 years, or both; 
"(ii) in the case of a violation of subparagraph (A) (ii), 
(iii), or (iv), be fined under title 18, United States Code, impris-
oned not more than 5 years, or both; 
"(iii) in the case of a violation of subparagraph (A) (i), 
(ii), (iii), or (iv) during and in relation to which the person 
causes serious bodily injury (as defined in section 1365 of 
title 18, United States Code) to, or places in jeopardy the 
life of, any person, be fined under title 18, United States 
Code, imprisoned not more than 20 years, or both; and 
"(iv) in the case of a violation of subparagraph (A) (i), 
(ii), (iii), or (iv) resulting in the death of any person, be punished 
108 STAT. 1982 
PUBLIC LAW 103-322—SEPT. 13, 1994 
by death or imprisoned for any term of years or for life, fined 
under title 18, United States Code, or both."; and 
(2) in paragraph (2) by striking "or imprisoned not more 
than five years, or both" and inserting "or in the case of a 
violation of subparagraph (B)(ii), imprisoned not more than 
10 years, or both; or in the case of a violation of subparagraph 
(B)(i) or (BXiii), imprisoned not more than 5 years, or both.". 
SEC. 60025. PROTECTION OF JURORS AND WITNESSES IN CAPITAL 
CASES. 
Section 3432 of title 18, United States Code, is amended by 
inserting before the period the following: ", except that such list 
of the veniremen and witnesses need not be furnished if the court 
finds by a preponderance of the evidence that providing the list 
may jeopardize the life or safety of any person". 
SEC. 60026. APPOINTMENT OF COUNSEL. 
Section 3005 of title 18, United States Code, is amended by 
striking "learned in the law" and all that follows through "He 
shall" and inserting "; and the court before which the defendant 
is to be tried, or a judge thereof, shall promptly, upon the defend-
ant's request, assign 2 such counsel, of whom at least 1 shall 
be learned in the Taw applicable to capital cases, and who shall 
have free access to the accused at all reasonable hours. In assigning 
counsel under this section, the court shall consider the recommenda-
tion of the Federal Public Defender organization, or, if no such 
organization exists in the district, of the Administrative Office 
of the United States Courts. The defendant shall". 
TITLE VII—MANDATORY LIFE IMPRIS-
ONMENT FOR PERSONS CONVICTED 
OF CERTAIN FELONIES 
SEC. 70001. MANDATORY UFE IMPRISONMENT FOR PERSONS CON-
VICTED OF CERTAIN FELONIES. 
Section 3559 of title 18, United States Code, is amended— 
(1) in subsection (b), by striking "An" and inserting "Except 
as provided in subsection (c), an" in lieu thereof; and 
(2) by adding the following new subsection at the end: 
"(c) IMPRISONMENT OF CERTAIN VIOLENT FELONS.— 
"(1) 
MANDATORY LIFE 
IMPRISONMENT.—Notwithstanding 
any other provision of law, a person who is convicted in a 
court of the United States of a serious violent felony shall 
be sentenced to life imprisonment if— 
"(A) the person has been convicted (and those convic-
tions have become final) on separate prior occasions in 
a court of the United States or of a State of— 
"(i) 2 or more serious violent felonies; or 
"(ii) one or more serious violent felonies and one 
or more serious drug offenses; and 
"(B) each serious violent felony or serious drug offense 
used as a basis for sentencing unaer this subsection, other 
than the first, was committed after the defendant's convic-
tion of the preceding serious violent felony or serious drug 
offense. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1983 
"(2) DEFINITIONS.—For purposes of this subsection— 
"(A) the term 'assault with intent to commit rape' 
means an offense that has as its elements engaging in 
physical contact with another person or using or brandish-
ing a weapon against another person with intent to commit 
aggravated sexual abuse or sexual abuse (as described 
in sections 2241 and 2242); 
"(B) the term 'arson' means an offense that has as 
its elements maliciously damaging or destroying any build-
ing, inhabited structure, vehicle, vessel, or real property 
by means of fire or an explosive; 
"(C) the term 'extortion' means an offense that has 
as its elements the extraction of anything of value from 
another person by threatening or placing that person in 
fear of injury to any person or kidnapping of any person; 
"(D) the term 'firearms use' means an offense that 
has as its elements those described in section 924(c) or 
929(a), if the firearm was brandished, discharged, or other-
wise used as a weapon and the crime of violence or drug 
trafficking crime during and relation to which the firearm 
was used was subject to prosecution in a court of the 
United States or a court of a State, or both; 
"(E) the term 'kidnapping' means an offense that has 
as its elements the abduction, restraining, confining, or 
carrying away of another person by force or threat of force; 
"(F) the term 'serious violent felony' means— 
"(i) a Federal or State offense, by whatever des-
ignation and wherever committed, consisting of murder 
(as described in section 1111); manslaughter other than 
involuntary manslaughter (as described in section 
1112); assault with intent to commit murder (as 
described in section 113(a)); assault with intent to com-
mit rape; aggravated sexual abuse and sexual abuse 
(as described in sections 2241 and 2242); abusive sex-
ual contact (as described in sections 2244 (a)(1) and 
(aX2)); kidnapping; aircraft piracy (as described in sec-
tion 46502 of Title 49); robbery (as described in section 
2111, 2113, or 2118); carjacking (as described in section 
2119); extortion; arson; firearms use; or attempt, 
conspiracy, or solicitation to commit any of the above 
offenses; and 
"(ii) any other offense punishable by a maximum 
term of imprisonment of 10 years or more that has 
as an element the use, attempted use, or threatened 
use of physical force against the person of another 
or that, by its nature, involves a substantial risk that 
physical force against the person of another may be 
used in the course of committing the offense; 
"(G) the term 'State' means a State of the United 
States, the District of Columbia, and a commonwealth, 
territory, or possession of the United States; and 
"(H) the term 'serious drug offense' means— 
"(i) an offense that is punishable under section 
401(b)(1)(A) or 408 of the Controlled Substances Act 
(21 U.S.C. 841(b)(1)(A), 848) or section 1010(b)(1)(A) 
of the Controlled Substemces Import and Export Act 
(21 U.S.C. 960(b)(1)(A)); or 
108 STAT. 1^84 
PUBLECLAW 103-^22-SEPT- K, 1994 
"(ii) an offense under State law that, had the 
offense been prosecuted in a court of the United States, 
would have been punishable under section 401(b)(1)(A) 
or 408 of the Controlled Substances Act (21 U.S.C. 
841(b)(1)(A), 848) or section 1010(bXl)(A) of the Con-
trolled Substances Import and Export Act (21 U.S.C. 
960(b)(1)(A)). 
"(3) NONQUALIFYING FELONIES.— 
"(A) ROBBERY IN CERTAIN CASES.—^Robbery, an attempt, 
conspiracy, or solicitation to commit robbery; or an offense 
described in paragraph (2)(F)(ii) shall not serve as a basis 
for sentencing under this subsection if the defendant estab-
lishes by clear and convincing evidence that— 
"(i) no firearm or other dangerous weapon was 
used in the offense and no threat of use of a firearm 
or other dangerous weapon was involved in the offense; 
and 
"(ii) the offense did not result in death or serious 
bodily injury (as defined in section 1365) to any person. 
"(B) ARSON IN CERTAIN CASES.—Arson shall not serve 
as a basis for sentencing under this subsection if the 
defendant establishes by clear and convincing evidence 
that— 
"(i) the offense posed no threat to human life; 
and 
"(ii) the defendant reasonably believed the offense 
posed no threat to human life. 
"(4) INFORMATION FILED BY UNITED STATES ATTORNEY.— 
The provisions of section 411(a) of the Controlled Substances 
Act (21 U.S.C. 851(a)) shall apply to the imposition of sentence 
under this subsection. 
"(5) RULE OF CONSTRUCTION.—This subsection shall not 
be construed to preclude imposition of the death penalty. 
"(6) SPECIAL PROVISION FOR INDIAN COUNTRY.—^No person 
subject to the criminal jurisdiction of an Indian tribal govern-
ment shall be subject to this subsection for any offense for 
which Federal jurisdiction is solely predicated on Indian country 
(as defined in section 1151) and which occurs within the bound-
aries of such Indian country unless the governing body of 
the tribe has elected that this subsection have effect over land 
and persons subject to the criminal jurisdiction of the tribe. 
"(7) RESENTENCING UPON OVERTURNING OF PRIOR CONVIC-
TION.—If the conviction for a serious violent felony or serious 
drug offense that was a basis for sentencing under this sub-
section is found, pursuant to any appropriate State or Federal 
procedure, to be unconstitutional or is vitiated on the explicit 
basis of innocence, or if the convicted person is pardoned on 
the explicit basis of innocence, the person serving a sentence 
imposed under this subsection shall be resentenced to any 
sentence that was available at the time of the original 
sentencing.". 
SEC. 70002. LIMITED GRANT OF AUTHORITY TO BUREAU OF PRISONS. 
Section 3582(c)(1)(A) of title 18, United States Code, is 
amended— 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1985 
(1) so that the margin of the matter starting with "extraor-
dinary" and ending wim "reduction" the first place it appears 
is indented an additional two ems; 
(2) by inserting a one-em dash after "that" the second 
place it appears; 
(3) by inserting a semicolon after "reduction" the first place 
it appears; 
(4) by indenting the first line of the matter referred to 
in paragraph (1) and designating that matter as clause (i); 
and 
(5) by inserting after such matter the following: 
"(ii) the defendant is at least 70 years of age, 
has served at least 30 years in prison, pursuant to 
a sentence imposed under section 3559(c), for the 
offense or offenses for which the defendant is currently 
imprisoned, and a determination has been made by 
the Director of the Bureau of Prisons that the defend-
ant is not a danger to the safety of any other person 
or the community, as provided under section 3142(g);". 
TITLE VIII—APPLICABILITY OF MANDA-
TORY MINIMUM PENALTIES IN CER-
TAIN CASES 
SEC. 80001. LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM 
PENALTIES IN CERTAIN CASES. 
(a) IN GENERAL.—Section 3553 of title 18, United States Code, 
is amended by adding at the end the following new subsection: 
"(f) 
LIMITATION ON APPLICABILITY OF STATUTORY MINIMUMS 
IN CERTAIN CASES.—Notwithstanding any other provision of law, 
in the case of an offense under section 401, 404, or 406 of the 
Controlled Substances Act (21 U.S.C. 841, 844, 846) or section 
1010 or 1013 of the Controlled Substances Import and Export 
Act (21 U.S.C. 961, 963), the court shall impose a sentence pursuant 
to guidelines promulgated by the United States Sentencing Commis-
sion under section 994 of title 28 without regard to any statutory 
minimum sentence, if the court finds at sentencing, after the 
Government has been afforded the opportunity to make a rec-
ommendation, that— 
"(1) the defendant does not have more than 1 criminal 
history point, as determined under the sentencing guidelines; 
"(2) the defendant did not use violence or credible threats 
of violence or possess a firearm or other dangerous weapon 
(or induce another participant to do so) in connection with 
the offense; 
"(3) the offense did not result in death or serious bodily 
injury to any person; 
'(4) the defendant was not an organizer, leader, manager, 
or supervisor of others in the offense, as determined under 
the sentencing guidelines and was not engaged in a continuing 
criminal enterprise, as defined in 21 U.S.C. 848; and 
"(5) not later than the time of the sentencing hearing, 
the defendant has truthfully provided to the Government sdl 
information and evidence the defendant has concerning the 
offense or offenses that were part of the same course of conduct 
108 STAT. 1986 
PUBLIC LAW 103-322—SEPT. 13, 1994 
or of a common scheme or plan, but the fact that the defendant 
has no relevant or useful other information to provide or that 
the Government is already aware of the information shaJl not 
preclude a determination by the court that the defendant has 
complied with this requirement. 
28 u s e 994 note. 
(b) SENTENCING COMMISSION AUTHORITY.— 
(1) 
IN 
GENERAL.—<A) The United States 
Sentencing 
Commission (referred to in this subsection as the "Commis-
sion"), under section 994(a)(1) and (p) of title 28— 
(i) shall promulgate guidelines, or amendments to 
guidelines, to carry out the purposes of this section and 
the amendment made by this section; and 
(ii) may promulgate policy statements, or amendments 
to policy statements, to assist in the application of this 
section and that amendment. 
(B) In the case of a defendant for whom the statutorily 
required minimum sentence is 5 years, such guidelines and 
amendments to guidelines issued under subparagraph (A) shall 
call for a guideline range in which the lowest term of imprison-
ment is at least 24 months. 
(2) PROCEDURES.—If the Commission determines that it 
is necessary to do so in order that the amendments made 
under paragraph (1) may take effect on the effective date of 
the amendment made by subsection (a), the Commission may 
promulgate the amendments made under paragraph (1) in 
accordance with the procedures set forth in section 21(a) of 
the Sentencing Act of 1987, as though the authority under 
that section had not expired. 
18 use 3553 
(c) EFFECTIVE DATE AND APPLICATION.—The amendment made 
"ote- 
by subsection (a) shall apply to all sentences imposed on or after 
the 10th day beginning aiter the date of enactment of this Act. 
TITLE IX—DRUG CONTROL 
Subtitle A—^Enhanced Penalties and 
General Provisions 
SEC. 90101. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING 
IN PRISONS. 
Section 1791 of title 18, United States Code, is amended— 
(1) in subsection (c), by inserting before "Any" the following 
new sentence: "Any punishment imposed under subsection (b) 
for a violation of this section involving a controlled substance 
shall be consecutive to any other sentence imposed by any 
court for an offense involving such a controlled substance."; 
(2) in subsection (d)(1)(A), by inserting after "a firearm 
or destructive device" the following: "or a controlled substance 
in schedule I or II, other than marijuana or a controlled sub-
stance referred to in subparagraph (C) of this subsection"; 
(3) in subsection (d)(1)(B), by inserting before "ammuni-
tion," the following: "marijuana or a controlled substance in 
schedule III, other than a controlled substance referred to in 
subparagraph (C) of this subsection,"; 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1987 
(4) in subsection (d)(1)(C), by inserting "methamphetamine, 
its salts, isomers, and salts of its isomers," after "a narcotic 
drug,"; 
(5) in subsection (d)(1)(D), by inserting "(A), (B), or" before 
"(C)"; and 
(6) in subsection (b), by striking "(c)" each place it appears 
and inserting "(d)". 
SEC. 90102. INCREASED PENALTIES FOR DRUG-DEALING IN "DRUG- 42 USC 14051. 
FREE" ZONES. 
Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall amend 
its sentencing guidelines to provide an appropriate enhancement 
for a defendant convicted of violating section 419 of the Controlled 
Substances Act (21 U.S.C. 860). 
SEC. 90103. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN FED-
ERAL PRISONS AND FOR SMUGGLING DRUGS INTO 
FEDERAL PRISONS. 
(a) DECLARATION OF POLICY.—It is the policy of the Federal 
Government that the use or distribution of illegal drugs in the 
Nation's Federal prisons will not be tolerated and that such crimes 
shall be prosecuted to the fullest extent of the law. 
(b) SENTENCING GUIDELINES.—Pursuant to its authority under 
section 994 of title 28, United States Code, the United States 
Sentencing Commission shall amend its sentencing guidelines to 
appropriately enhance the penalty for a person convicted of an 
offense— 
(1) under section 404 of the Controlled Substances Act 
involving simple possession of a controlled substance within 
a Federal prison or other Federal detention facility; or 
(2) under section 401(b) of the Controlled Substances Act 
involving the smuggling of a controlled substance into a Federal 
prison or other Federal detention facility or the distribution 
or intended distribution of a controlled substance within a 
Federal prison or other Federal detention facility. 
(c) No PROBATION.—Notwithstanding any other law, the court 
shall not sentence a person convicted of an offense described in 
subsection (b) to probation. 
SEC. 90104. CLARIFICATION OF NARCOTIC OR OTHER DANGEROUS 
DRUGS UNDER RICO. 
Section 1961(1) of title 18, United States Code, is amended 
by striking "narcotic or other dangerous drugs" each place it appears 
and inserting "a controlled substance or listed chemical (as defined 
in section 102 of the Controlled Substances Act)". 
SEC. 90106. CONFORMING AMENDMENTS TO RECIDIVIST PENALTY 
PROVISIONS OF THE CONTROLLED SUBSTANCES ACT 
AND THE CONTROLLED SUBSTANCES IMPORT AND 
EXPORT ACT. 
(a) Sections 401(b)(1) (B), (C), and (D) of the Controlled Sub-
stances Act (21 U.S.C. 841(b)(1) (B), (C), and (D)) and sections 
1010(b) (1), (2), and (3) of the Controlled Substances Import and 
Export Act (21 U.S.C. 960(b) (1), (2), and (3)) are each amended 
in the sentence or sentences l3eginning "If any person commits" 
by striking "one or more prior convictions" through "have become 
42 USC 14052. 
108 STAT. 1988 
PUBLIC LAW 103-322—SEPT. 13, 1994 
final" and inserting "a prior conviction for a felony drug offense 
has become final". 
(b) Section 1012(b) of the Controlled Substances Import and 
Export Act (21 U.S.C. 962(b)) is amended by striking "one or more 
prior convictions of him for a felony under any provision of this 
title or title II or other law of a State, the United States, or 
a foreign country relating to narcotic drugs, marihuana, or depres-
sant or stimulant drugs, have become final" and inserting "one 
or more prior convictions of such person for a felony drug offense 
have become final". 
(c) Section 401(b)(1)(A) of the Controlled Substances Act (21 
U.S.C. 841(b)(1)(A)) is amended by striking the sentence beginning 
"For purposes of this subparagraph, the term 'felony drug offense' 
means". 
(d) Section 102 of the Controlled Substances Act (21 U.S.C. 
802) is amended by adding at the end the following new paragraph: 
"(43) The term 'felony drug offense' means an offense that 
is punishable by imprisonment for more than one year under any 
law of the United States or of a State or foreign country that 
prohibits or restricts conduct relating to narcotic drugs, marihuana, 
or depressant or stimulant substances.". 
SEC. 90106. ADVERTISING. 
Section 403 of the Controlled Substances Act (21 U.S.C. 843) 
is amended— 
(1) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; and 
(2) by inserting after subsection (b) the following new sub-
section: 
"(c) It shall be unlawful for anv person to place in any news-
paper, magazine, handbill, or other publications, any written 
advertisement knowing that it has the purpose of seeking or offering 
illegally to receive, buy, or distribute a Schedule I controlled sub-
stance. As used in this section the term 'advertisement' includes, 
in addition to its ordinary meaning, such advertisements as those 
for a catalog of Schedule I controlled substances and any similar 
written advertisement that has the purpose of seeking or offering 
illegally to receive, buy, or distribute a Schedule I controlled sub-
stance. The term 'advertisement' does not include material which 
merely advocates the use of a similar material, which advocates 
a position or practice, and does not attempt to propose or facilitate 
an actual transaction in a Schedule I controlled substance.". 
42 use 14053. 
SEC. 90107. VIOLENT CRIME AND DRUG EMERGENCY AREAS. 
(a) DEFINITIONS.—In this section— 
"major violent crime or drug-related emergency" means 
an occasion or instance in which violent crime, drug smuggling, 
drug trafficking, or drug abuse violence reaches such levels, 
as determined by the President, that Federal assistance is 
needed to supplement State and local efforts and capabilities 
to save lives, and to protect property and public health and 
safety. 
"State" means a State, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States Virgin 
Islands, American Samoa, Guam, and the Northern Mariana 
Islands. 
(b) DECLARATION OF VIOLENT CRIME AND DRUG EMERGENCY 
AREAS.—If a major violent crime or drug-related emergency exists 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1989 
throughout a State or a part of a State, the President may declare 
the State or part of a State to be a violent crime or drug emergency 
area and may take appropriate actions authorized by this section. 
(c) PROCEDURE.— 
(1) IN GENERAL.—A request for a declaration designating 
an area to be a violent crime or drug emergency area shall 
be made, in writing, by the chief executive officer of a State 
or local government, respectively (or in the case of the District 
of Columbia, the mayor), and shall be forwarded to the Attorney 
Greneral in such form as the Attorney General may by regula-
tion require. One or more cities, counties. States, or the District 
of Columbia may submit a joint request for designation as 
a major violent crime or drug emergency area under this sub-
section. 
(2) FINDING.—^A request made under paragraph (1) shall 
be based on a written finding that the major violent crime 
or drug-related emergency is of such severity and magnitude 
that Federal assistance is necessary to ensure an effective 
response to save lives and to protect property and public health 
and safety. 
(d) IRRELEVANCY OF POPULATION DENSITY.—The President shall 
not limit declarations made under this section to highly populated 
centers of violent crime or drug trafficking, drug smuggling, or 
drug use, but shall also consider applications from governments 
of less populated areas where the magnitude and severity of such 
activities is beyond the capability of the State or local government 
to respond. 
(e) REQUIREMENTS.—As part of a request for a declaration 
under this section, and as a prerequisite to Federal violent crime 
or drug emergency assistance under this section, the chief executive 
officer of a State or local government shall— 
, 
(1) take appropriate action under State or local law and 
furnish information on the nature and amount of State and 
local resources that have been or will be committed to alleviat-
ing the major violent crime- or drug-related emergency; 
(2) submit a detailed plan outlining that government's 
short- and long-term plans to respond to the violent crime 
or drug emergency, specifying the types and levels of Federal 
assistance requested and including explicit goals (including 
quantitative goals) and timetables; and 
(3) specify how Federal assistance provided under this sec-
tion is intended to achieve those goals. 
(f) REVIEW PERIOD.—^The Attorney General shsdl review a President, 
request submitted pursuant to this section, and the President shall 
decide whether to declare a violent crime or drug emergency area, 
within 30 days after receiving the request. 
(g) FEDERAL ASSISTANCE.—The President may— 
(1) direct any Federal agency, with or without reimburse-
ment, to utilize its authorities and the resources granted to 
it under Federal law (including personnel, equipment, supplies, 
facilities, financial assistance, and managerial, technicsd, £uid 
advisory services) in support of State and local assistance 
efforts; and 
(2) provide technical and advisory assistance, including 
communications support and law enforcement-related intel-
ligence information. 
(h) DURATION OF FEDERAL ASSISTANCE.— 
108 STAT. 1990 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(1) IN GENERAL.—Federal assistance under this section 
shall not be provided to a violent crime or drug emergency 
area for more than 1 year. 
(2) EXTENSION.—^The chief executive officer of a jurisdiction 
may apply to the President for an extension of assistance 
beyond 1 year. The President may extend the provision of 
Federal assistance for not more than an additional 180 days. 
(i) REGULATIONS.—Not later than 120 days after the date of 
enactment of this Act, the Attorney General shall issue regulations 
to implement this section. 
(j) No EFFECT ON EXISTING AUTHORITY.—Nothing in this section 
shall diminish or detract from existing authority possessed by the 
President or Attorney CJeneral. 
Subtitle B—^National Narcotics Leadership 
Act Amendments 
SEC. 90201. IMPLEMENTATION OF NATIONAL DRUG CONTROL STRAT-
EGY. 
(a) PROGRAM BUDGET.—Section 1003(c) of the National Narcot-
ics Leadership Act of 1988 (21 U.S.C. 1502(c)) is amended— 
(1) by redesignating paragraphs (5), (6), and (7), as para-
graphs (6), (7), and (8), respectively; and 
(2) by inserting after paragraph (4) the following new para-
graph: 
"(5) The Director shall request the head of a department or 
agency to include in the department's or agency's budget submission 
to the Office of Management and Budget funding requests for 
specific initiatives that are consistent with the President's priorities 
for the National Drug Control Strategy and certifications made 
pursuant to paragraph (3), and the head of the department or 
agency shall comply with such a request.". 
(b) BUDGET RECOMMENDATION.—Section 1003(b) of the National 
Narcotics Leadership Act of 1988 (21 U.S.C. 1502(b)) is amended— 
(1) by striking "and" at the end of paragraph (6); 
(2) by striking the period at the end of paragraph (7) 
and inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
"(8) provide, by July 1 of each year, budget recommenda-
tions to the heads of departments and agencies with responsibil-
ities under the National Drug Control Program, which rec-
ommendations shall apply to the second following fiscal year 
and address funding priorities developed in the annual National 
Drug Control Strategy.". 
(c) CONTROL OF DRUG-RELATED RESOURCES.—Section 1003 of 
the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502) 
is amended— 
(1) in subsection (d)— 
(A) by amending paragraph (2) to read as follows: 
"(2) request the head of a department or agency or program 
to place department, agency, or program personnel who are 
engaged in drug control activities on temporary detail to 
another department or agency in order to implement the 
National Drug Control Strategy, and the head of the depart-
ment or agency shall comply with such a request; 
(B) by striking "and" at the end of paragraph (6); 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1991 
(C) by striking the period at the end of paragraph 
(7) and inserting a semicolon; and 
(D) by adding after paragraph (7) the following new 
paragraphs: 
"(8) except to the extent that the Director's authority under 
this paragraph is limited in an annual appropriations Act, 
transfer funds appropriated to a National Drug Control Pro-
gram agency account to a different National Drug Control Pro-
gram agency account in an amount that does not exceed 2 
percent of the amount appropriated to either account, upon 
advance approval of the Committees on Appropriations of each 
House of Congress; and 
"(9) in order to ensure compliance with the National Drug 
Control Program, issue to the head of a National Drug Control 
Program agency a funds control notice described in subsection 
(f)."; and 
(2) by adding at the end the following new subsections: 
"(f) FUNDS CONTROL NOTICES.—(1) A funds control notice may 
direct that all or part of an amount appropriated to the National 
Drug Control Program agency account be obligated by— 
"(A) months, fiscal year quarters, or other time periods; 
and 
"(B) activities, functions, projects, or object classes. 
"(2) An officer or employee of a National Drug Control Program 
agency shall not make or authorize an expenditure or obligation 
contrary to a funds control notice issued by the Director. 
"(3) In the case of a violation of paragraph (2) by an officer 
or employee of a National Drug Control Program agency, the head 
of the agency, upon the request of and in consultation with the 
Director, may subject the officer or employee to appropriate adminis-
trative discipline, including, when circumstances warrant, suspen-
sion from duty without pay or removal from office.". 
(d) CERTIFICATION OF ADEQUACY OF BUDGET REQUEST.—Section 
1003(c)(3)(B) of the National Narcotics Leadership Act of 1988 (21 
U.S.C. 1502(c)(3)(B)) is amended— 
(1) by inserting "in whole or in part" after "adequacy of 
such request"; and 
(2) by striking the semicolon at the end and inserting 
"and, with respect to a request that is not certified as adequate 
to implement the objectives of the National Drug Control Strat-
egy, include in the certification an initiative or funding level 
that would make the request adequate;". 
SEC. 90202. OFFICE PERSONNEL RESTRICTION. 
Section 1003 of the National Narcotics Leadership Act of 1988 
(21 U.S.C. 1502) is amended by adding at the end the following 
new subsection: 
"(D PROHIBITION ON POLITICAL CAMPAIGNING.—^A Federal officer 
in the Office of National Drug Control Policy who is appointed 
by the President, by and with the advice and consent of the Senate, 
may not participate in Federal election campaign activities, except 
that such an official is not prohibited by this subsection from 
making contributions to individual candidates.". 
SEC. 90203. NATIONAL DRUG CONTROL STRATEGY OUTCOME MEAS-
URES. 
Section 1005(a) of the National Narcotics Leadership Act of 
1988 (21 U.S.C. 1504(a)) is amended— 
108 5TAT. 1992 
PUBLIC l A W lC3-322-SEPr. la, 1994 
(1) in paragraph (2)(A) by inserting "and the consequences 
of drug abuse" after "drug abuse"; and 
(2) by amending paragraph (4) to read as follows: 
"(4) The Director shall include with each National Drug 
Control Strategy an evaluation of the effectiveness of Federal 
drug control during the preceding year. The evaluation shall 
include an assessment of Federal drug control efforts, includ-
ing— 
"(A) assessment of the reduction of drug use, including 
estimates of drug prevalence and frequency of use as meas-
ured by national, State, and local surveys of illicit drug 
use and by other special studies of— 
"(i) high-risk populations, including school drop-
outs, the homeless and transient, arrestees, parolees, 
and probationers, and juvenile delinquents; and 
"(ii) drug use in the workplace and the productivity 
lost by such use; 
"(B) assessment of the reduction of drug availability, 
as measured by— 
"(i) the quantities of cocaine, heroin, and mari-
juana available for consumption in the United States; 
"(ii) the amount of cocaine and heroin entering 
the United States; 
"(iii) the number of hectares of poppy and coca 
cultivated and destroyed; 
"(iv) the number of metric tons of heroin and 
cocaine seized; 
"(v) the number 
of cocaine processing 
labs 
destroyed; 
"(vi) changes in the price and purity of heroin 
and cocaine; 
"(vii) the amount and type of controlled substances 
diverted from legitimate retail and wholesale sources; 
and 
"(viii) the effectiveness of Federal technology pro-
grams at improving drug detection capabilities at 
United States ports of entry; 
"(C) assessment of the reduction of the consequences 
of drug use and availability, which shall include estimation 
of— 
"(i) burdens drug users placed on hospital emer-
gency rooms in the United States, such as the quantity 
of drug-related services provided; 
"(ii) the annual national health care costs of drug 
use, including costs associated with people becoming 
infected with the human immunodeficiency virus and 
other communicable diseases as a result of drug use; 
"(iii) the extent of drug-related crime and criminal 
activity; and 
"(iv) the contribution of drugs to the underground 
economy, as measured by the retail value of drugs 
sold in the United States; and 
"(D) determination of the status of drug treatment 
in the United States, by assessing— 
"(i) public and private treatment capacity within 
each State, including information on the number of 
treatment slots available in relation to the number 
P U B U C LAW 103-g22-€EPT, 13, 19S4 
1085TAT.1993 
actually used, including data on intravenous drug users 
and pregnant women; 
"(ii) the extent, within each State, to which treat-
ment is available, on demand, to intravenous drug 
users and pregnant women; 
"(iii) the number of drug users the Director esti-
mates could benefit from treatment; and 
"(iv) the success of drug treatment programs, 
including an assessment of the effectiveness of the 
mechanisms in place federally, and within each State, 
to determine the relative quality of substance abuse 
treatment programs, the qualifications of treatment 
personnel, and the mechanism by which patients are 
admitted to the most appropriate and cost effective 
treatment setting. 
"(5) The Director shall include with the National Drug 
Control Strategy required to be submitted not later than Feb-
ruary 1, 1995, and with every second such strategy submitted 
thereafter— 
"(A) an assessment of the quality of current drug use 
measurement instruments and techniques to measure sup-
ply reduction and demand reduction activities; 
"(B) an assessment of the adequacy of the coverage 
of existing national drug use measurement instruments 
and techniques to measure the casual drug user population 
and groups at-risk for drug use; 
"(C) an assessment of the actions the Director shall 
take to correct any deficiencies and limitations identified 
pursuant to subparagraphs (A) and (B); and 
"(D) identification of the specific factors that restrict 
the availability of treatment services to those seeking it 
and proposed administrative or legislative remedies to 
make treatment available to those individuals. 
"(6) Federal agencies responsible for the collection or esti-
mation of drug-related information required by the Director 
shall cooperate with the Director, to the fullest extent possible, 
to enable the Director to satisfy the requirements of sections 
4 and 5. 
"(7) With each National Drug Control Strategy, the Director 
shall report to the President and the Congress on the Director's 
assessment of drug use and availability in the United States, 
including an estimate of the effectiveness of interdiction, treat-
ment, prevention, law enforcement, and international programs 
under the National Drug Control Strategy in effect in the 
preceding year in reducing drug use and availability.", 
SEC. 90204. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER 
(a) DRUG ABUSE ADDICTION AND REHABILITATION CENTER.— 
Section 1003A of the National Narcotics Leadership Act of 1988 
(21 U.S.C. 1502a(c)(l)) is amended— 
(1) by redesignating subparagraphs (B), (C), and (D) as 
subparagraphs (C), (D), and (E), respectively; and 
(2) by inserting after subparagraph (A) the following: 
"(B) in consultation with the National Institute on 
Drug Abuse, and through interagency agreements or 
grants, examine addiction and rehabilitation research and 
108 STAT. 1994 
PUBLIC LAW 103-322—SEPT. 13, 1994 
••" 
the application of technology to expanding the effectiveness 
or availability of drug treatment;". 
(b) 
ASSISTANCE 
FROM THE ADVANCED RESEARCH 
PROJECT 
AGENCY.—Section 1003A of the National Narcotics Leadership Act 
of 1988 (21 U.S.C. 1502a) is amended by adding at the end the 
following: 
"(f) ASSISTANCE AND SUPPORT TO OFFICE OF NATIONAL DRUG 
CONTROL POLICY.—The Director of the Advanced Research Project 
Agency shall, to the fullest extent possible, render assistance and 
support to the Office of National Drug Control Policy and its Direc-
tor.". 
(c) REPEAL AND REDESIGNATION.—The National 
Narcotics 
Leadership Act of 1988 is amended by— 
(1) repeahng section 1008 (21 U.S.C. 1505), as in effect 
on the date of the enactment of this Act; 
(2) redesignating section 1003A, as amended by subsection 
21 use 1502a, 
(b) of this Section, as section 1008; and 
1^^^- 
(3) moving such section, as redesignated, so as to follow 
section 1007. 
SEC. 90205. SPECIAL FORFEITURE FUND AMENDMENTS. 
(a) DEPOSITS INTO SPECIAL FORFEITURE FUND.—Section 6073 
of the Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) 
is amended to read as follows: 
"(b) DEPOSITS.—There shall be deposited into the Fund the 
amounts specified by section 524(c)(9) of title 28, United States 
Code, and section 9307(g) of title 31, United States Code, and 
any earnings on the investments authorized by subsection (d).". 
(b) TRANSFERS FROM DEPARTMENT OF JUSTICE ASSETS FORFEIT-
URE FUND.—Section 524(c)(9) of title 28, United States Code, is 
amended by amending subparagraphs (B), (C), and (D) to read 
as follows: 
"(B) Subject to subparagraphs (C) and (D), at the end 
of each of fiscal years 1994, 1995, 1996, and 1997, the 
Attorney General shall transfer from the Fund not more 
than $100,000,000 to the Special Forfeiture Fund estab-
lished by section 6073 of the Anti-Drug Abuse Act of 1988. 
"(C) Transfers under subparagraph (B) may be made 
only from the excess unobligated balance and may not 
exceed one-half of the excess unobligated balance for any 
year. In addition, transfers under subparagraph (B) may 
be made only to the extent that the sum of the transfers 
in a fiscal year and one-half of the unobligated balance 
at the beginning of that fiscal year for the Special Forfeit-
ure Fund does not exceed $100,000,000. 
"(D) For the purpose of determining amounts available 
for distribution at year end for any fiscal year, 'excess 
unobligated balance' means the unobligated balance of the 
Fund generated by that fiscal year's operations, less any 
amounts that are required to be retained in the Fund 
to ensure the availability of amounts in the subsequent 
fiscal year for purposes authorized under paragraph (1).". 
(c) TRANSFERS FROM DEPARTMENT OF THE TREASURY FORFEIT-
URE FUND.— Section 9703(g) of title 31, United States Code, is 
amended— 
(1) in paragraph (3)— 
(A) by amending subparagraph (A) to read as follows: 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1995 
"(A) Subject to subparagraphs (B) and (C), at the end 
'" 
' 
of each of fiscal years 1994, 1995, 1996, and 1997, the 
Secretary shall transfer from the Fund not more than 
$100,000,000 to the Special Forfeiture Fund established 
, 
by section 6073 of the Anti-Drug Abuse Act of 1988."; 
and 
(B) in subparagraph (B) by adding the following at 
the end: "Further, transfers under subparagraph (A) may 
not exceed one-half of the excess unobligated balance for 
a year. In addition, transfers under subparagraph (A) may 
be made only to the extent that the sum of the transfers 
in a fiscal year and one-half of the unobligated balance 
at the beginning of that fiscal year for the Special Forfeit-
ure Fund does not exceed $100,000,000."; and 
(2) in subparagraph (4XA>— 
(A) in clause (i) by striking "(i)"; and 
(B) by striking clause (ii). 
(d) SURPLUS FUNDS.—Section 6073 of the Asset Forfeiture 
Amendments Act of 1988 (21 U.S.C. 1509) is amended— 
(1) by redesignating subsections (c), (d), (e), and (f), as 
subsections (d), (e), (f), and (g), respectively; and 
(2) by inserting after subsection (b) the following new sub-
section: 
"(c) SUPER SURPLUS.—(1) Any unobligated balance up to 
$20,000,000 remaining in the Fund on September 30 of a fiscal 
year shall be available to the Director, subject to paragraph (2), 
to transfer to, and for obligation and expenditure in connection 
with drug control activities of, any Federal agency or State or 
local entity with responsibilities under the National Drug Control 
Strategy. 
"(2) A transfer may be made under paragraph (1) only with 
the advance written approval of the Committees on Appropriations 
of each House of Congress.". 
SEC. 90206. AUTHORIZATION OF APPROPRIATIONS. 
Section 1011 of the National Narcotics Leadership Act of 1988 
(21 U.S.C. 1508) is amended by striking "4" and inserting "8". 
SEC. 90207. ADEQUATE STAFFING OF THE OFFICE OF NATIONAL DRUG 
CONTROL POLICY. 
Section 1008(d)(1) of the National Narcotics Leadership Act 
of 1988 (21 U.S.C. 1502(d)(1)) is amended by striking "such" and 
inserting "up to 75 and such additional". 
SEC. 90208. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL 
POLICY. 
(a) REAUTHORIZATION.—Section 1009 of the National Narcotics 
Leadership Act of 1988 (21 U.S.C. 1506) is amended by striking 
"the date which is 5 years after the date of the enactment of 
this subtitle" and inserting "September 30,1997". 
(b) 
CONTINUED 
EFFECTIVENESS.—The 
National 
Narcotics 
21 uscisoe 
Leadership Act of 1988 (21 U.S.C. 1501 et seq.) shall be considered 
not to have been repealed by operation of section 1009 of that 
Act, but shall remain in effect as if the amendment made by 
subsection (a) had been included in that Act on the date of its 
enactment. 
note. 
108 STAT. 1996 
PUBLIC LAW 103-322—SEPT. 13, 1994 
cMi^p^^Sn TITLE X—DRUNK DRIVING PROVISIONS 
Act of 1994. 
18 u s e 1 note. 
SEC. 100001. SHORT TITLE. 
This title may be cited as the "Drunk Driving Child Protection 
Act of 1994". 
SEC. 100002. STATE LAWS APPLIED IN AREAS OF FEDERAL JURISDIC-
TION. 
Section 13(b) of title 18, United States Code, is amended— 
(1) by striking "For purposes" and inserting "(1) Subject 
to paragraph (2) and for purposes"; and 
(2) by adding at the end the following new paragraph: 
"(2)(A) In addition to any term of imprisonment provided for 
operating a motor vehicle under the influence of a drug or alcohol 
imposed under the law of a State, territory, possession, or district, 
the punishment for such an offense under this section shall include 
an additional term of imprisonment of not more than 1 year, or 
if serious bodily injury of a minor is caused, not more than 5 
years, or if death of a minor is caused, not more than 10 years, 
and an additionsd fine of not more than $1,000, or both, if— 
"(i) a minor (other than the offender) was present in the 
motor vehicle when the offense was committed; and 
"(ii) the law of the State, territory, possession, or district 
in which the offense occurred does not provide an additional 
term of imprisonment under the circumstances described in 
clause (i). 
"(B) For the purposes of subparagraph (A), the term 'minor' 
means a person less than 18 years of age.". 
SEC. 100003. DRIVING WHILE INTOXICATED PROSECUTION PROGRAM. 
Section 501(b) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3751) is amended— 
(1) by striking "and" at the end of paragraph (20); 
(2) by striking the period at the end of paragraph (21) 
and inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
"(22) programs for the prosecution of driving while intoxi-
cated charges and the enforcement of other laws relating to 
alcohol use and the operation of motor vehicles.". 
TITLE XI—FIREARMS 
rnd'L^SLai 
Subtitle A—Assault Weapons 
Firearms Use 
Protection Act. 
g g c . 110101. SHORT TITLE. 
18 u s e 921 note. 
This subtitle may be cited as the "Public Safety and Rec-
reational Firearms Use Protection Act". 
SEC. 110102. RESTRICTION 
ON 
MANUFACTURE, TRANSFER, 
AND 
POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT 
WEAPONS. 
(a) RESTRICTION.—Section 922 of title 18, United States Code, 
is amended by adding at the end the following new subsection: 
"(v)(l) It shall be unlawful for a person to manufacture, trans-
fer, or possess a semiautomatic assault weapon. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1997 
"(2) Paragraph (1) shall not apply to the possession or transfer 
of any semiautomatic assault weapon otherwise lawfully possessed 
under Federal law on the date of the enactment of this subsection, 
"(3) Paragraph (1) shall not apply to— 
"(A) any of the firearms, or replicas or duplicates of the 
firearms, specified in Appendix A to this section, as such fire-
arms were manufactured on October 1, 1993; 
"(B) any firearm that— 
"(i) is manually operated by bolt, pump, lever, or slide 
action; 
"(ii) has been rendered permanently inoperable; or 
"(iii) is an antique firearm; 
"(C) any semiautomatic rifle that cannot accept a detach-
able magazine that holds more than 5 rounds of ammunition; 
or 
"(D) any semiautomatic shotgun that cannot hold more 
than 5 rounds of ammunition in a fixed or detachable magazine. 
The fact that a firearm is not listed in Appendix A shall not 
be construed to mean that paragraph (1) applies to such firearm. 
No firearm exempted by this subsection may be deleted from Appen-
dix A so long as this subsection is in effect. 
"(4) Paragraph (1) shall not apply to— 
"(A) the manufacture for, transfer to, or possession by 
the United States or a department or agency of the United 
States or a State or a department, agency, or political subdivi-
sion of a State, or a transfer to or possession by a law enforce-
ment officer employed by such an entity for purposes of law 
enforcement (whether on or off duty); 
"(B) the transfer to a licensee under title I of the Atomic 
Energy Act of 1954 for purposes of establishing and maintaining 
an on-site physical protection system and security organization 
required by Federal law, or possession by an employee or con-
tractor of such licensee on-site for such purposes or off-site 
for purposes of licensee-authorized training or transportation 
of nuclear materials; 
"(C) the possession, by an individual who is retired from 
service with a law enforcement agency and is not otherwise 
prohibited from receiving a firearm, of a semiautomatic assault 
weapon transferred to the individual by the agency upon such 
retirement; or 
"(D) the manufacture, transfer, or possession of a semiauto-
matic assault weapon by a licensed manufacturer or licensed 
importer for the purposes of testing or experimentation author-
ized by the Secretary.". 
(b) DEFINITION OF SEMIAUTOMATIC ASSAULT WEAPON.—Section 
921(a) of title 18, United States Code, is amended by adding at 
the end the following new paragraph: 
"(30) The term 'semiautomatic assault weapon' means— 
"(A) any of the firearms, or copies or duplicates of the 
firearms in any caliber, known as— 
"(i) Norinco, Mitchell, and Poly Technologies Avtomat 
Kalashnikovs (all models); 
"(ii) Action Arms Israeli Military Industries UZI and 
Galil; 
"(iii) Beretta Ar70 (SC-70); 
"(iv)ColtAR-15; 
"(v) Fabrique National FN/FAL, FN/LAR, and FNC; 
108 STAT. 1998 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(vi) SWD M-10, M-11, M-11/9, and M-12; 
"(vii)SteyrAUG; 
"(viii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and 
"(ix) revolving cylinder shotguns, such as (or similar 
to) the Street Sweeper and Striker 12; 
"(B) a semiautomatic rifle that has an ability to accept 
a detachable magazine and has at least 2 of— 
"(i) a folding or telescoping stock; 
"(ii) a pistol grip that protrudes conspicuously beneath 
the action of the weapon; 
"(iii) a bayonet mount; 
"(iv) a flash suppressor or threaded barrel designed 
to accommodate a flash suppressor; and 
"(v) a grenade launcher; 
"(C) a semiautomatic pistol that has an ability to accept 
a detachable magazine and has at least 2 of— 
"(i) an ammunition magazine that attaches to the pistol 
outside of the pistol grip; 
"(ii) a threaded barrel capable of accepting a barrel 
extender, flash suppressor, forward handgrip, or silencer; 
"(iii) a shroud that is attached to, or partially or com-
pletely encircles, the barrel and that permits the shooter 
to hold the firearm with the nontrigger hand without being 
burned; 
"(iv) a manufactured weight of 50 ounces or more when 
the pistol is unloaded; and 
"(v) a semiautomatic version of an automatic firearm; 
and 
"(D) a semiautomatic shotgun that has at least 2 of— 
"(i) a folding or telescoping stock; 
"(ii) a pistol grip that protrudes conspicuously beneath 
the action of the weapon; 
"(iii) a fixed magazine capacity in excess of 5 rounds; 
and 
"(iv) an ability to accept a detachable magazine.". 
(c) PENALTIES.— 
(1) VIOLATION OF SECTION 922(V).—Section 924(a)(1)(B) of 
such title is amended by striking "or (q) of section 922" and 
inserting "(r), or (v) of section 922". 
(2) USE OR POSSESSION DURING CRIME OF VIOLENCE OR 
DRUG TRAFFICKING CRIME.—Section 924(c)(1) of such title is 
amended in the first sentence by inserting ", or semiautomatic 
assault weapon," after "short-barreled shotgun,". 
(d) IDENTIFICATION MARKINGS FOR SEMIAUTOMATIC ASSAULT 
WEAPONS.—Section 923(i) of such title is amended by adding at 
the end the following: "The serial number of any semiautomatic 
assault weapon manufactured aftier the date of the enactment of 
this sentence shall clearly show the date on which the weapon 
was manufactured.". 
SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION 
FEEDING 
DEVICES. 
(a) PROHIBITION.—Section 922 of title 18, United States Code, 
as amended by section 110102(a), is amended by adding at the 
end the following new subsection: 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 1999 
"(w)(l) Except as provided in paragraph (2), it shall be unlawful 
for a person to transfer or possess a large capacity ammunition 
feeding device. 
"(2) Paragraph (1) shall not apply to the possession or transfer 
of any large capacity ammunition feeding device otherwise lawfully 
possessed on or before the date of the enactment of this subsection. 
"(3) This subsection shall not apply to— 
"(A) the manufacture for, transfer to, or possession by 
the United States or a department or agency of the United 
States or a State or a department, agency, or political subdivi-
sion of a State, or a transfer to or possession by a law enforce-
ment officer employed by such an entity for purposes of law 
enforcement (whether on or off duty); 
"(B) the transfer to a licensee under title I of the Atomic 
Energy Act of 1954 for purposes of establishing and maintaining 
an on-site physical protection system and security organization 
required by Federal law, or possession by an employee or con-
tractor of such licensee on-site for such purposes or off-site 
for purposes of licensee-authorized training or transportation 
of nuclear materials; 
"(C) the possession, by an individual who is retired from 
service with a law enforcement agency and is not otherwise 
prohibited from receiving ammunition, of a large capacity 
ammunition feeding device transferred to the individual by 
the agency upon such retirement; or 
"(D) the manufacture, transfer, or possession of any large 
capacity ammunition feeding device by a licensed manufacturer 
or licensed importer for the purposes of testing or experimen-
tation authorized by the Secretary.". 
"(4) If a person charged with violating paragraph (1) asserts 
that paragraph (1) does not apply to such person because of para-
graph (2) or (3), the Government shall have the burden of proof 
to show that such paragraph (1) applies to such person. The lack 
of a serisd number as described in section 923(i) of title 18, United 
States Code, shall be a presumption that the large capacity ammuni-
tion feeding device is not subject to the prohibition of possession 
in paragraph (1).". 
(b) 
DEFINITION OF LARGE CAPACITY AMMUNITION 
FEEDING 
DEVICE.—Section 921(a) of title 18, United States Code, as amended 
by section 110102(b), is amended by adding at the end the following 
new paragraph: 
'(31) The term large capacity ammunition feeding device'— 
"(A) means a magazine, belt, drum, feed strip, or similar 
device manufactured after the date of enactment of the Violent 
Crime Control and Law Enforcement Act of 1994 that has 
a capacity of, or that can be readily restored or converted 
to accept, more than 10 rounds of ammunition; but 
"(B) does not include an attached tubular device designed 
to accept, and capable of operating only with, .22 caliber rimfire 
ammunition.". 
(c) PENALTY.—Section 924(a)(1)(B) of title 18, United States 
Code, as amended by section 110102(c)(1), is amended by striking 
"or (v)" and inserting "(v), or (w)". 
(d) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNI-
TION FEEDING DEVICES.—Section 923(i) of title 18, United States 
Code, as amended by section 110102(d) of this Act, is amended 
by adding at the end the following: "A large capacity ammunition 
108 STAT. 2000 
PUBLIC LAW 103-322—SEPT. 13, 1994 
feeding device manufactured after the date of the enactment of 
this sentence shall be identified by a serial number that clearly 
shows that the device was manufactured or imported after the 
effective date of this subsection, and such other identification as 
the Secretary may by regulation prescribe.", 
18 u s e 921 note. 
SEC. 110104. STUDY BY ATTORNEY GENERAL. 
(a) STUDY.—^The Attorney General shall investigate and study 
the effect of this subtitle and the amendments made by this subtitle, 
and in particular shall determine their impact, if any, on violent 
and drug trafticking crime. The study shall be conducted over 
a period of 18 months, commencing 12 months after the date 
of enactment of this Act. 
(b) REPORT.—^Not later than 30 months after the date of enact-
ment of this Act, the Attorney General shall prepare and submit 
to the Congress a report setting forth in detail the findings and 
determinations made in the study under subsection (a). 
18 u s e 921 note. 
SEC. 110105. EFFECTIVE DATE. 
This subtitle and the amendments made by this subtitle— 
(1) shall take effect on the date of the enactment of this 
Act; and 
(2) are repealed effective as of the date that is 10 years 
after that date. 
SEC. 110106. APPENDIX A TO SECTION 922 OF TITLE 18. 
Section 922 of title 18, United States Code, is amended by 
adding at the end the following appendix: 
"APPENDIX A 
CenterHre Rifles—^Autoloaders 
Browning BAR Mark II Safari Semi-Auto Rifle 
Browning BAR Mark II Safari Magnum Rifle 
Browning High-Power Rifle 
Heckler & Koch Model 300 Rifle 
Iver Johnson M-1 Carbine 
Iver Johnson 50th Anniversary M-1 Carbine 
Marlin Model 9 Camp Carbine 
Marlin Model 45 Carbine 
Remington Nylon 66 Auto-Loading Rifle 
Remington Nlodel 7400 Auto Rifle 
Remington Model 7400 Rifle 
Remington Model 7400 Special Purpose Auto Rifle 
Ruger Mini-14 Autoloading Rifle (w/o folding stock) 
Ruger Mini Thirty Rifle 
CenterHre Rifles—^Lever & Slide 
Browning Model 81 BLR Lever-Action Rifle 
Browning Model 81 Long Action BLR 
Browning Model 1886 Lever-Action Carbine 
Browning Model 1886 High Grade Carbine 
Cimarron 1860 Heniy Replica 
Cimarron 1866 Winchester Replicas 
Cimarron 1873 Short Rifle 
Cimarron 1873 Sporting Rifle 
Cimarron 1873 30'' Express Rifle 
Dixie Engraved 1873 Rifle 
E.M.F. 1866 Yellowboy Lever Actions 
E.M.F. 1860 Henry Rifle 
E.M.F. Model 73 Lever-Action Rifle 
Marlin Model 336CS Lever-Action Carbine 
Marlin Model 30AS Lever-Action Carbine 
Marlin Model 444SS Lever-Action Sporter 
Marlin Model 1894S Lever-Action Carbine 
PUBLIC LAW 103-i322—Si^T. 1^ 1994 
108SrAT.2001 
Marlin Model 1894CS Carbine 
Marlin Model 1894CL Classic 
Marlin Model 1895SS Lever-Action Rifle 
Mitchell 1858 Heniy Replica 
Mitchell 1866 Winchester Replica 
Mitchell 1873 Winchester Replica 
Navy Arms Military Henry Rifle 
Navy Arms Henry Trapper 
Navy Arms Iron Frame Henry 
Navy Arms Henry Carbine 
Navy Arms 1866 Yellowboy Rifle 
Navy Arms 1873 Winchester-Style Rifle 
Navy Arms 1873 Sporting Rifle 
Remington 7600 Slide Action 
Remington Model 7600 Special Purpose Slide Action 
Rossi M92 SRC Saddle-Ring Carbine 
Rossi M92 SRS Short Carbine 
Savage 99C Lever-Action Rifle 
Uberti Henry Rifle 
Uberti 1866 Sporting Rilfe 
Uberti 1873 Sporting Rifle 
Winchester Model 94 Side Eject Lever-Action Rifle 
Winchester Model 94 Trapper Side Eject 
Winchester Model 94 Big Bore Side Eject 
Winchester Model 94 Ranger Side Eject Lever-Action Rifle 
Winchester Model 94 Wrangler Side Eject 
Centerfire Rifles—Bolt Action 
Alpine Bolt-Action Rifle 
A-Square Caesar Bolt-Action Rifle 
A-Square Hannibal Bolt-Action Rifle 
Anschutz 1700D Classic Rifles 
Anschutz 1700D Custom Rifles 
Anschutz 1700D Bavarian Bolt-Action Rifle 
Anschutz 1733D Mannlicher Rifle 
Barret Model 90 Bolt-Action Rifle 
Beeman/HW 60J Bolt-Action Rifle 
Blaser R84 Bolt-Action Rifle 
BRNO 537 Sporter Bolt-Action Rifle 
BRNO ZKB 527 Fox Bolt-Action Rifle 
BRNO ZKK 600, 601, 602 Bolt-Action Rifles 
Browning A-Bolt Rifle 
Browning A-Bolt Stainless Stalker 
Browning A-Bolt Left; Hand 
Browning A-Bolt Short Action 
Browning Euro-Bolt Rifle 
Browning A-Bolt Gold Medallion 
Browning A-Bolt Micro Medallion 
Century Centiuion 14 Sporter 
Century Enfleld Sporter #4 
Century Swedish Sporter #38 
Century Mauser 98 Sporter 
Cooper Model 38 Centerfire Sporter 
Dakota 22 Sporter Bolt-Action Rifle 
Dakota 76 Classic Bolt-Action Rifle 
Dakota 76 Short Action Rifles 
Dakota 76 Safari Bolt-Action Rifle 
Dakota 416 Rigby African 
E.A.A./Sabatti Rover 870 Bolt-Action Rifle 
Auguste Francotte Bolt-Action Rifles 
Carl Gustaf 2000 Bolt-Action Rifle 
Hejrm Magnum Express Series Rifle 
Howa Lightning Bolt-Action Rifle 
Howa Realtree Camo Rifle 
Interarms Mark X Viscount Bolt-Action Rifle 
Interarms Mini-Mark X Rifle 
Interarms Mark X Whitworth Bolt-Action Rifle 
Interarms Whitworth Express Rifle 
Iver Johnson Model 5100A1 Long-Range Rifle 
KDF K15 American Bolt-Action Rifle 
Krico Model 600 Bolt-Action Rifle 
108 STAT. 2002 
PUBLIC LAW 103-322—SEPT. 13, 1994 
Krico Model 700 Bolt-Action Rifles 
Mauser Model 66 Bolt-Action Rifle 
Mauser Model 99 Bolt-Action Rifle 
McMillan Signature Classic Sporter 
McMillan Signature Super Varminter 
McMillan Signature Alaskan 
McMillan Signature Titanium Mountain Rifle 
McMillan Classic Stainless Sporter 
McMillan Talon Safari Rifle 
McMillan Talon Sporter Rifle 
Midland 1500S Survivor Rifle 
Navy Arms TU-33/40 Carbine 
Parker-Hale Model 81 Classic Rifle 
Parker-Hale Model 81 Classic African Rifle 
Parker-Hale Model 1000 Rifle 
Parker-Hale Model llOOM African Magnum 
Parker-Hale Model 1100 Lightweight Rifle 
Parker-Hale Model 1200 Super Rifle 
Parker-Hale Model 1200 Super Clip Rifle 
Parker-Hale Model 1300C Scout Rifle 
Parker-Hale Model 2100 Midland Rifle 
Parker-Hale Model 2700 Lightweight Rifle 
Parker-Hale Model 2800 Midland Rifle 
Remington Model Seven Bolt-Action Rifle 
Remington Model Seven Youth Rifle 
Remington Model Seven Custom KS 
Remington Model Seven Custom MS Rifle 
Remington 700 ADL Bolt-Action Rifle 
Remington 700 BDL Bolt-Action Rifle 
Remington 700 BDL Varmint Special 
Remington 700 BDL European Bolt-Action Rifle 
Remington 700 Varmint Synthetic Rifle 
Remington 700 BDL SS Rifle 
Remington 700 Stainless Synthetic Rifle 
Remington 700 MTRSS Rifle 
Remington 700 BDL Left Hand 
Remington 700 Camo Synthetic Rifle 
Remington 700 Safari 
Remington 700 Mountain Rifle 
Remington 700 Custom KS Mountain Rifle 
Remington 700 Classic Rifle 
RugerM77 Mark n Rifle 
Ruger M77 Mark II Magnum Rifle 
Ruger M77RL Ultra Li^t 
Ruger M77 Mark II All-Weather Stainless Rifle 
Ruger M77 RSI International Carbine 
Ruger M77 Mark II Express Rifle 
Ruger M77VT Target Rifle 
Sako Hunter Rifle 
Sako Fiberclass Sporter 
Sako Safari Grade Bolt Action 
Sako Hunter Left-Hand Rifle 
Sako Classic Bolt Action 
Sako Hunter LS Rifle 
Sako Delxixe Lightweight 
Sako Super Deluxe Sporter 
Sako Mannlicher-Style Carbine 
Sako Varmint Heavy Barrel 
Sako TRG-S Bolt-Action Rifle 
Sauer 90 Bolt-Action Rifle 
Savage HOG Bolt-Action Rifle 
Savage HOCY Youth/Ladies Rifle 
Savage llOWLE One of One Thousand Limited Edition Rifle 
Savage 110GXP3 Bolt-Action Rifle 
Savage llOF Bolt-Action Rifle 
Savage 110FXP3 Bolt-Action Rifle 
Savage llOGV Varmint Rifle 
Savage 112FV Varmint Rifle 
Savage Model 112FVS Varmint Rifle 
Savage Model 112BV Heavy Barrel Varmint Rifle 
Savage 116FSS Bolt-Action Rifle 
Savage Model 116FSK Kodiak Rifle 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2003 
Savage llOFP Police Rifle 
Steyr-Mannlicher Sporter Models SL, L, M, S, S/T 
Steyr-Mannlicher Luxus Model L, M, S 
Steyr-Mannlicher Model M Professional Rifle 
Tikka Bolt-Action Rifle 
Tikka Premium Grade Rifles 
Tikka VarmintyContinental Rifle 
Tikka Whitetail/Battue Rifle 
Ultra Light Arms Model 20 Rifle 
Ultra Light Arms Model 28, Model 40 Rifles 
Voere VEC 91 Lightning Bolt-Action Rifle 
Voere Model 2165 Bolt-Action Rifle 
Voere Model 2155, 2150 Bolt-Action Rifles 
Weatherby Mark V Deluxe Bolt-Action Rifle 
Weatherby Lasermark V Rifle 
Weatherby Mark V Crown Custom Rifles 
Weatherby Mark V Sporter Rifle 
Weatherby Mark V Safari Grade Custom Rifles 
Weatherby Weathermark Rifle 
Weatherby Weathermark Alaskan Rifle 
Weatherby Classicmark No. 1 Rifle 
Weatherby Weatherguard Alaskan Rifle 
Weatherby Vanguard VGX Deluxe Rifle 
Weatherby Vanguard Classic Rifle 
Weatherby Vanguard Classic No. 1 Rifle 
Weatherby Vanguard Weatherguard Rifle 
Wichita Classic Rifle 
Wichita Varmint Rifle 
Winchester Model 70 Sporter 
Winchester Model 70 Sporter WinTufT 
Winchester Model 70 SM Sporter 
Winchester Model 70 Stainless Rifle 
Winchester Model 70 Varmint 
Winchester Model 70 Synthetic Heavy Varmint Rifle 
Winchester Model 70 DBM Rifle 
Winchester Model 70 DBM-S Rifle 
Winchester Model 70 Featherweight 
Winchester Model 70 Featherweight WinTuff" 
Winchester Model 70 Featherweight Classic 
Winchester Model 70 Lightweight Rifle 
Winchester Ranger Rifle 
Winchester Model 70 Super Express Magnum 
Winchester Model 70 Super Grade 
Winchester Model 70 Custom Sharpshooter 
Winchester Model 70 Custom Sporting Sharpshooter Rifle 
Centerfire Rifles—Single Shot 
Armsport 1866 Sharps Rifle, Carbine 
Brown Model One Single Shot Rifle 
Browning Model 1885 Single Shot Rifle 
Dakota Single Shot Rifle 
Desert Industries G-90 Single Shot Rifle 
Harrington & Richardson Ultra Varmint Rifle 
Model 1885 High Wall Rifle 
Navy Arms Rolling Block Buflialo Rifle 
Navy Arms #2 Creedmoor Rifle 
Navy Arms Sharps Cavalry Carbine 
Navy Arms Sharps Plains Rifle 
New England Firearms Handi-Rifle 
Red Willow Armory Ballard No. 5 Pacific 
Red Willow Armory Ballard No. 1.5 Hunting Rifle 
Red Willow Armory Ballard No. 8 Union Hill Rifle 
Red Willow Armory Ballard No. 4.5 Target Rifle 
Remington-Style Rolling Block Carbine 
Ruger No. IB Single Shot 
Ruger No. lA Light Sporter 
Ruger No. IH Tropical Rifle 
Ruger No. IS Medium Sporter 
Ruger No. 1 RSI International 
Ruger No. IV Special Varminter 
C. Sharps Arms New Model 1874 Old Reliable 
108 STAT. 2004 
PUBLIC LAW 103-322—SEPT. 13, 1994 
C. Sharps Arms New Model 1875 Rifle 
C. Shaips Arms 1875 Classic Sharps 
C. Sharps Arms New Model 1875 Target & Long Range 
Shiloh Sharps 1874 Long Range Express 
Shiloh Sharps 1874 Montana Kou|;hrider 
Shiloh Sharps 1874 Military Carbine 
Shiloh Sharps 1874 Business Rifle 
Shiloh Sharps 1874 Military Rifle 
Sharps 1874 Old Reliable 
Thompson/Center Contender Carbine 
Thompson/Center Stainless Contender Carbine 
Thompson/Center Contender Carbine Survival System 
Thompson/Center Contender Carbine Youth Model 
Thompson/Center TCR '87 Single Shot Rifle 
Uberti Rolling Block Baby Caroine 
Drillings, Combination Guns, Double Rifles 
Beretta Express SSO 0/U Double Rifles 
Beretta Model 455 SxS Express Rifle 
Chapuis RGExpress Double Rifle 
Auguste Francotte Sidelock Double Rifles 
Auguste Francotte Boxlock Double Rifle 
Heym Model 55B 0/U Double Rifle 
Heym Model 55FW 0/U Combo Gun 
Heym Model 88b Side-by-Side Double Rifle 
Kodiak Mk. IV Double Rifle 
Kreighoff'Teck O/U Combination Gun 
Kreighofl* Trumpf Drilling 
Merkel Over/Under Combination Guns 
Merkel Drillings 
Merkel Model 160 Side-by-Side Double Rifles 
Merkel Over/Under Double Rifles 
Savage 24F 0/U Combination Gun 
Savage 24F-12T Turkey Gun 
Springfield Inc. M6 Scout Rifle/Shotgun 
Tikka Model 412s Combination Gun 
Tikka Model 412S Double Fire 
A. Zoli Rifle-Shotgun 0/U Combo 
Rimfire Rifles—Autoloaders 
AMT Lightning 25/22 Rifle 
AMT Lightning Small-Game Hunting Rifle II 
AMT Magnimi Hunter Auto Rifle 
^ 
Anschutz 525 Deluxe Auto 
Armscor Model 20P Auto Rifle 
Browning Auto-22 Rifle 
Browning Auto-22 Grade VI 
Krico Model 260 Auto Rifle 
Lakefield Arms Model 64B Auto Rifle 
Marlin Model 60 Self-Loading Rifle 
MarUn Model 60ss Self-Loading Rifle 
Marlin Model 70 HC Auto 
Marlin Model 9901 Self-Loading Rifle 
Marlin Model 70P Papoose 
MarUn Model 922 Magniun Self-Loading Rifle 
Marlin Model 995 Self-Loading Rifle 
Norinco Model 22 ATD Rifle 
Remington Model 522 Viper Autoloading Rifle 
Remii^ton 552BDL Speedmaster Rifle 
Ruger 10/22 Autoloading Carbine (w/o folding stock) 
Survival Arms AR-7 Explorer Rifle 
Texas Remington Revolving Carbine 
Voere Model 2115 Auto Rifle 
Rimfire Rifles—^Lever & Slide Action 
Browning BL-22 Lever-Action Rifle 
Marlin 39TDS Carbine 
Marlin Model 39AS Golden Lever-Action Rifle 
Remington 572BDL Fieldmaster Pump Rifle 
Norinco EM-321 Pump Rifle 
Rossi Model 62 SA Pump Rifle 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2005 
Rossi Model 62 SAC Carbine 
*
* ' >? 
--^ ^
^ ^ 
Winchester Model 9422 Lever-Action Rifle 
Winchester Model 9422 Magnum Lever-Action Rifle 
Rirafire Rifles—Bolt Actions & Single Shots 
Anschutz Achiever Bolt-Action Rifle 
Anschutz 1416D/1516D Classic Rifles 
Anschutz 1418D/1518D Mannlicher Rifles 
Anschutz 1700D Classic Rifles 
Anschutz 1700D Custom Rifles 
Anschutz 1700 FWT Bolt-Action Rifle 
Anschutz 1700D Graphite Custom Rifle 
Anschutz 1700D Bavarian Bolt-Action Rifle 
Armscor Model 14P Bolt-Action Rifle 
Armscor Model 1500 Rifle 
BRNO ZKM-452 Deluxe Bolt-Action Rifle 
BRNO ZKM 452 Deluxe 
Beeman/HW 60-J-ST Bolt-Action Rifle 
Browning A-Bolt 22 Bolt-Action Rifle 
Browning A-Bolt Grold Medallion 
Cabanas Phaser Rifle 
Cabanas Master Bolt-Action Rifle 
Cabanas Espronceda IV Bolt-Action Rifle 
Cabanas Leyre Bolt-Action Rifle 
Chipmunk Single Shot Rifle 
Cooper Arms Model 36S Sporter Rifle 
Dakota 22 Sporter Bolt-Action Rifle 
Krico Model 300 Bolt-Action Rifles 
Lakefield Arms Mark II Bolt-Action Rifle 
Lakefield Arms Mark I Bolt-Action Rifle 
Magtech Model MT-22C Bolt-Action Rifle 
Marlin Model 880 Bolt-Action Rifle 
Marlin Model 881 Bolt-Action Rifle 
Marlin Model 882 Bolt-Action Rifle 
Marlin Model 883 Bolt-Action Rifle 
Marlin Model 883SS Bolt-Action Rifle 
Marlin Model 25MN Bolt-Action Rifle 
Marlin Model 25N Bolt-Action Repeater 
Marlin Model 15YN "Little Buckaroo" 
Mauser Model 107 Bolt-Action Rifle 
Mauser Model 201 Bolt-Action Rifle 
Navy Arms TU-KKW Training Rifle 
Navy Arms TU-33/40 Carbine 
Navy Arms TU-KKW Sniper Trainer 
Norinco JW-27 Bolt-Action Rifle 
Norinco JW-15 Bolt-Action Rifle 
Remington 541-T 
Remington 40-XR Rimfire Custom Sporter 
Remington 541-T HB Bolt-Action Rifle 
Remington 581-S Sportsman Rifle 
Ruger 77/22 Rimfire Bolt-Action Rifle 
Ruger K77/22 Varmint Rifle 
Ultra Light Arms Model 20 RF Bolt-Action Rifle 
Winchester Model 52B Sporting Rifle 
Competition Rifles—Centerflre & Rimflre 
Anschutz 64-MS Left; Silhouette 
Anschutz 1808D RT Super Match 54 Target 
Anschutz 1827B Biathlon Rifle 
Anschutz 1903D Match Rifle 
Anschutz 1803D Intermediate Match 
Anschutz 1911 Match Rifle 
Anschutz 54.18MS REP Deluxe Silhouette Rifle 
Anschutz 1913 Super Match Rifle 
Anschutz 1907 Match Rifle 
Anschutz 1910 Super Match II 
Anschutz 54.18MS Silhouette Rifle 
Anschutz Super Match 54 Target Model 2013 
Anschutz Super Match 54 Target Model 2007 
Beeman/Feinwerkbau 2600 Tarcet Rifle 
Cooper Arms Model TRP-1 ISlTStandard Rifle 
108 STAT. 2006 
PUBLIC LAW 103-322—SEPT. 13, 1994 
E.A.A.AVeihrauch HW 60 Target Rifle 
E.A.A./HW 660 Match Rifle 
Finnish Lion Standard Target Rifle 
Krico Model 360 S2 Biathlon Rifle 
Krico Model 400 Match Rifle 
Krico Model 360S Biathlon Rifle 
Krico Model 500 Kricotronic Match Rifle 
Krico Model 600 Sniper Rifle 
Krico Model 600 Match Rifle 
Lakefield Arms Model 90B Target Rifle 
Lakefield Arms Model 9 IT Target Rifle 
Lakefield Arms Model 92S Silhouette Rifle 
Marlin Model 2000 Target Rifle 
Mauser Model 86-SR Specialty Rifle 
McMillan M-86 Sniper Rifle 
McMillan Combo M-87/M-88 50-Caliber Rifle 
McMillan 300 Phoenix Long Range Rifle 
McMillan M-89 Sniper Rifle 
McMillan National Match Rifle 
McMillan Long Range Rifle 
Parker-Hale M-87 Target Rifle 
Parker-Hale M-85 Sniper Rifle 
Remington 40-XB Rangemaster Target Centerfire 
Remington 40-XR KS Rimfire Position Rifle 
Remington 40-XBBR KS 
Remington 40-XC KS National Match Course Rifle 
Sako TRG-21 Bolt-Action Rifle 
Steyr-Mannlicher Match SPG-UIT Rifle 
Steyr-Mannlicher SSG P-I Rifle 
Steyr-Mannlicher SSG P-III Rifle 
Steyr-Mannlicher SSG P-IV Rifle 
Tanner Standard UIT Rifle 
Tanner 50 Meter Free Rifle 
Tanner 300 Meter Free Rifle 
Wichita Silhouette Rifle 
Shotguns—^Autoloaders 
American Arms/Franchi Black Magic 48/AL 
Benelli Super Black Eagle Shotgun 
Benelli Super Black Eagle Slug Gun 
Benelli Ml Super 90 Field Auto Shotgun 
Benelli Montefeltro Super 90 20-Gauge Shotgun 
Benelli Montefeltro Super 90 Shotgun 
Benelli Ml Sporting Special Auto Shotgun 
Benelli Black Eagle Competition Auto Shotgun 
Beretta A-303 Auto Shotgun 
Beretta 390 Field Auto Shotgun 
Beretta 390 Super Trap, Super Skeet Shotguns 
Beretta Vittoria Auto Shotgun 
Beretta Model 120 IF Auto Shotgun 
Browning BSA 10 Auto Shotgun 
Browning BSA 10 Stalker Auto Shotgun 
Browning A-500R Auto Shotgun 
Browning A-500G Auto Shotgun 
Browning A-500G Sporting Clays 
Browning Auto-5 Light 12 and 20 
Browning Auto-5 Stalker 
Browning Auto-5 Magnum 20 
Browning Auto-5 Magnum 12 
Churchill Turkey Automatic Shotgun 
Cosmi Automatic Shotgun 
Maverick Model 60 Auto Shotgun 
Mossberg Model 5500 Shotgun 
Mossberg Model 9200 Regal Semi-Auto Shotgun 
Mossberg Model 9200 USST Auto Shotgun 
Mossberg Model 9200 Camo Shotgun 
Mossberg Model 6000 Auto Shotgun 
Remington Model 1100 Shotgun 
Remington 11-87 Premier Shotgun 
Remington 11-87 Sporting Clays 
Remington 11-87 rtemier Skeet 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2007 
Remington 11-87 Premier Trap 
Remington 11-87 Special Purpose Magnimi 
Remington 11-87 SPS-T Camo Auto Shotgun 
Remington 11-87 Special Purpose Deer Gun 
Remington 11-87 SPS-BG-Camo Deer/Turkey Shotgun 
Remington 11-87 SPS-Deer Shotgun 
Remington 11-87 Specieil Purpose Sjmthetic Csuno 
Remington SP-10 Magnum-Camo Auto Shotgun 
Remington SP-10 Magnum Auto Shotgun 
Remington SP-10 Magnum Turkey Combo 
Remington 1100 LT-20 Auto 
Remington 1100 Special Field 
Remington 1100 20-Gauge Deer Gun 
Remington 1100 LT-20 Tournament Skeet 
Winchester Model 1400 Semi-Auto Shotgun 
Shotguns—Slide Actions 
Browning Model 42 Pump Shotgun 
Browning BPS Pump Shotgun 
Browning BPS Stalker Pump Shotgun 
Browning BPS Pigeon Grade Piunp Shotgun 
Browning BPS Pump Shotgun (Ladies and Youth Model) 
Browning BPS Game Gun Turkey Special 
Browning BPS Game Gun Deer Special 
Ithaca Model 87 Supreme Pump Shotgun 
Ithaca Model 87 Deerslayer Shotgun 
Ithaca Deerslayer II Rifled Shotgun 
Ithaca Model 87 Turkey Gun 
Ithaca Model 87 Deluxe Pump Shotgun 
Magtech Model 58&-VR Pump Shotiun 
Maverick Models 88, 91 Pump Shotguns 
Mossberg Model 500 Sporting Pump 
Mossberg Model 500 Camo I^imp 
Mossberg Model 500 Muzzleloader Combo 
Mossberg Model 500 Trophy Slugster 
Mossberg Turkey Model 500 Pump 
Mossberg Model 500 Bantam Pump 
Mossberg Field Grade Model 835 Pump Shotgun 
Mossberg Model 835 Regal Ulti-Mag I*ump 
Remington 870 Wingmaster 
Remington 870 Special Purpose Deer Gun 
R e m i i ^ n 870 SPS-BG-Camo Deer/Turkey Shotgun 
Remington 870 SPS-Deer Shotgun 
Remington 870 Marine Magnum 
R e m i i ^ n 870 TC Trap 
Remington 870 Special Purpose Synthetic Camo 
Remington 870 Wingmaster Small Gauges 
Remington 870 Express Rifle Sighted Deer Gun 
Remington 879 SPS Special Purpose Magnum 
Remington 870 SPS-T Camo Pump Shotgun 
Remington 870 Special Field 
Remington 870 Express Turkey 
Remington 870 High Grades 
Remington 870 Express 
Remington Model 870 Express Youth Gun 
Winchester Model 12 Pump Shotgun 
Winchester Model 42 High Grade Shotgun 
Winchester Model 1300 Walnut E>ump 
Winchester Model 1300 Slug Hunter Deer Gun 
Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun 
Winchester Model 1300 Turkey Gun 
Winchester Model 1300 Ranger Pump Gun 
Shotguns—Over/Unders 
American Arms/Franchi Falconet 2000 0/U 
American Arms Silver I 0/U 
American Arms Silver II Shotgun 
American Arms Silver Skeet O/U 
American Arms/Franchi Sporting 2000 0/U 
American Arms Silver Sporting 0/U 
American Arms Silver TVap 0/U 
108 STAT. 2008 
PUBLIC LAW 103-322—SEPT. 13, 1994 
American Anns WS/OU 12, TS/OU 12 Shotguns 
American Arms WT/OU 10 Shotgun 
Armsport 2700 0/U Goose Gun 
Armsport 2700 Series 0/U 
Armsport 2900 Tri-Barrel Shotgun 
Baby Bretton Over/Under Shotgun 
Beretta Model 686 Ultralight OAJ 
Beretta ASE 90 Competition 0/U Shotgun 
Beretta Over/Under Field Shoteuns 
Beretta Onyx Hunter Sport 0/U Shotgun 
Beretta Model SOS, S06, S09 Shotguns 
Beretta Sporting Clay Shotguns 
Beretta 687EL Sporting 0/U 
Beretta 682 Super Sporting 0/U 
Beretta Series 682 Cfompetition Over/Unders 
Browning Citori 0/U Shotgun 
Browning Superlight Citori Over/Under 
Browning Lightning Sporting Clays 
Browning Micro Citori Lightning 
Browning Citori Plus Trap Combo 
Browning Citori Plus Trap Gun 
Browning Citori 0/U Skeet Models 
Browning Citori 0/U Trap Models 
Browning Special Sporting Clays 
Browning Citori GTl Sporting Clays 
Browning 325 Sporting Clays 
Centurion OverAjnder Shotgun 
Chapuis Over/Under Shotgun 
Connecticut Valley Classics Classic Sporter 0/U 
Connecticut Valley Classics Classic Field Waterfowler 
Charles Daly Field Grade 0/U 
Chju-les Daly Lux Over/Under 
E.A.A./Sabatti Sporting Clays Pro-Gold 0/U 
E.A.A/Sabatti Falcon-Mon Over/Under 
Kassnar Grade I O/U Shotgun 
KrieghofrK-80 Sporting Clays 0/U 
KrieghofrK-80 Skeet Shotgun 
KrieghofF K-80 International Skeet 
KrieghofrK-80 Four-Barrel Skeet Set 
Krieghoff K-80/RT Shotguns 
KrieghoflF K-80 0/U Trap Shotgun 
Laurona Silhouette 300 Sporting Clays 
Laurona Silhouette 300 TVap 
Laurona Super Model Over/Unders 
Ljutic LM-6 Deluxe O/U Shotgun 
Marocchi Conquista Over/Under Shotgun 
Marocchi Avanza 0/U Shotgun 
Merkel Model 200E 0/U Shotgun 
Merkel Model 200E Skeet, Trap Over/Unders 
Merkel Model 203E, 303E Over/Under Shotguns 
Perazzi Mirage Special Sporting 0/U 
Perazzi Mirage Special Four-Gauge Skeet 
Perazzi Sporting Classic 0/U 
Perazzi MX7 Over/Under Shotguns 
Perazzi Mirage Special Skeet Over/Under 
Perazzi MX8/MX8 Special Trap, Skeet 
Perazzi MX8/20 Over/Under Shoteun 
Perazzi MX9 Single Over/Under Shotguns 
Perazzi MX12 Hunting Over/Under 
Perazzi MX28, MX410 Game 0/U Shotguns 
Perazzi MX20 Hunting Over/Under 
Piotti Boss Over/Under Shotgun 
Remington Peerless Over/Under Shotgun 
Ruger Red Label O/U Shotgun 
Ruger Sporting Clays O/U Shotgun 
San Marco 12-Ga. Wildflower Shotgun 
San Marco Field Special 0/U Shotgun 
San Marco 10-Ga. O/U Shotgun 
SKB Model 505 Deluxe Over/Under Shotgun 
SKB Model 685 Over/Under Shotgun 
SKB Model 885 Over/Under Trap, Skeet, Sporting Clays 
Stoeger/IGA Condor I 0/U Shotgun 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2009 
Stoeger/IGA ERA 2000 Over/Under Shotgun 
Techni-Mec Model 610 Over/Under 
Tikka Model 412S Field Grade Over/Under 
Weatherby Athena Grade IV 0/U Shotguns 
Weatherby Athena Grade V Classic Field O/U 
Weatherby Orion O/U Shotguns 
Weatherby II, III Classic Field 0/Us 
Weatherby Orion II Classic Sporting Clays O/U 
Weatherby Orion II Sporting Clays O/U 
Winchester Model 1001 O/U Shotgun 
Winchester Model 1001 Sporting Clays O/U 
Pietro Zanoletti Model 2000 Field O/U 
Shotgung—Side by Sides 
American Arms Brittany Shotgun 
American Arms Gentry Double Shotgun 
American Arms Derby Side-by-Side 
American Arms Grulla #2 Double Shotgun 
American Arms WS/SS 10 
American Arms TS/SS 10 Double Shotgun 
American Arms TS/SS 12 Side-by-Side 
Arrieta Sidelock Double Shotguns 
Armsport 1050 Series Double Shotguns 
Arizaga Model 31 Double Shotgun 
AYA Boxlock Shotguns 
AYA Sidelock Double Shotguns 
Beretta Model 452 Sidelock Shotgun 
Beretta Side-by-Side Field Shotguns 
Crucelegui Hermanos Model 150 Double 
Chapuis Side-by-Side Shotgun 
E.A.A./Sabatti Saba-Mon Double Shotgun 
Charles Daly Model Dss Double 
Ferlib Model F VII Double Shotgun 
Auguste Francotte Boxlock Shotgun 
Auguste Francotte Sidelock Shotgun 
Garbi Model 100 Double 
Garbi Model 101 Side-by-Side 
Garbi Model 103A, B Side-by-Side 
Garbi Model 200 Side-by-Side 
Bill Hanus Birdgun Doubles 
Hatfield Uplander Shotgun 
Merkel Model 8, 47E Side-by-Side Shotguns 
Merkel Model 47LSC Sporting Clays Double 
Merkel Model 47S, 147S Side-by-Sides 
Parker Reproductions Side-by-Side 
Piotti King No. 1 Side-by-Side 
Piotti Lunik Side-by-Side 
Piotti King Extra Side-by-Side 
Piotti Piiuna Side-by-Side 
Precision Sports Model 600 Series Doubles 
Rizzini Boxlock Side-by-Side 
Rizzini Sidelock Side-by-Side 
Stoeger/IGA Uplander Side-by-Side Shotgun 
Ugartechea 10-Ga. Magnum Shotgun 
Shotguns—Bolt Actions & Single Shots 
Armsport Single Barrel Shotgun 
Browning BT-99 Competition Trap Special 
Browning BT-99 Plus Trap Gun 
Browning BT-99 Plus Micro 
Browning Recoilless Trap Shotgun 
Browning Micro Recoilless Trap Shotgun 
Desert Industries Big Twenty Shotgun 
Harrington & Richanison Topper Model 098 
Harrington & Richardson Topper Classic Youth Shotgun 
Harrington & Richardson N.W.T.F. Turkey Mag 
Harrington & Richardson Topper Deliixe Model 098 
Krieghoflf KS-5 Trap Gun 
Krieghoff" KS-5 Special 
Krieghoff K-80 Single Barrel Trap Gun 
Ljutic Mono Gun Single Barrel 
79-194 O—95—9 : QL 3 Part 3 
108 STAT. 2010 
PUBLIC LAW 103-322—SEPT. 13, 1994 
Ltjutic LTX Super Deluxe Mono Gun 
Ljutic Recoilless Space Gun Shotgun 
Marlin Model 55 Goose Gun Bolt Action 
New England Firearms Turkey and Goose Gun 
New England Firearms N.W.T,F. Shotgun 
New England Firearms Tracker Slug Gun 
New England Firearms Standard Pardner 
New England Firearms Siirvival Gun 
Perazzi TMl Special Single Trao 
Remington 90-T Suner Single Snotgun 
Snake Charmer II Snotgun 
Stoeger/IGA Reuna Single Barrel Shotgun 
Thompson/Center TCR ^87 Hunter Shotgun.". 
Subtitle B—Youth Handgun Safety 
SEC. 110201. PROHIBITION OF THE POSSESSION OF A HANDGUN OR 
AMMUNITION BY, OR THE PRIVATE TRANSFER OF A 
HANDGUN OR AMMUNITION TO, A JUVENILE. 
(a) OFFENSE.—Section 922 of title 18, United States Code, 
as amended by section 110103(a), is amended by adding at the 
end the following new subsection: 
"(xXD It shall be unlawful for a person to sell, deliver, or 
otherwise transfer to a person who the transferor knows or has 
reasonable cause to believe is a juvenile— 
"(A) a handgun; or 
"(B) ammunition that is suitable for use only in a handgun. 
"(2) It shall be unlawful for any person who is a juvenile 
to knowingly possess— 
"(A) a handgun; or 
"(B) ammunition that is suitable for use only in a handgun. 
"(3) Tliis subsection does not apply to— 
"(A) a temporary transfer of a handgun or ammunition 
to a juvenile or to the possession or use of a handgun or 
ammunition by a juvenile if the handgun and ammunition 
are possessed and used by the juvenile— 
"(i) in the course of employnient, in the course of ranch-
ing or farming related to activities at the residence of 
the juvenile (or on property used for ranching or farming 
at which the juvenile, with the permission of the property 
owner or lessee, is performing activities related to the 
operation of the farm or ranch), target practice, hunting, 
or a course of instruction in the safe and lawful use of 
a handgun; 
"(ii) with the prior written consent of the juvenile's 
parent or guardian who is not prohibited by Federal, State, 
or local law from possessing a firearm, except— 
"(I) during transportation by the juvenile of an 
unloaded handgun in a locked container directly from 
the place of transfer to a place at which an activity 
described in clause (i) is to take place and transpor-
tation by the juvenile of that handgun, unloaded and 
in a locked container, directly from the place at which 
such an activity took place to the transferor; or 
"(II) with respect to ranching or farming activities 
as described in clause (i), a juvenile may possess and 
use a handgun or ammunition with the prior written 
approval of the juvenile's parent or legal guardian 
and at the direction of an adult who is not prohibited 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2011 
by Federal, State or local law from possessing a fire-
;' 
arm; 
"(iii) the juvenile has the prior written consent in the 
juvenile's possession at all times when a handgun is in 
the possession of the juvenile; and 
"(iv) in accordance with State and local law; 
"(B) a juvenile who is a member of the Armed Forces 
of the United States or the National Guard who possesses 
or is armed with a handgun in the line of duty; 
"(C) a transfer by inheritance of title (but not possession) 
of a handgun or ammunition to a juvenile; or 
"(D) the possession of a handgun or ammunition by a 
juvenile taken in defense of the juvenile or other persons 
against an intruder into the residence of the juvenile or a 
residence in which the juvenile is an invited guest. 
"(4) A handgun or ammunition, the possession of which is 
transferred to a juvenile in circumstances in which the transferor 
is not in violation of this subsection shall not be subject to perma-
nent confiscation by the Government if its possession by the juvenile 
subsequently becomes unlawful because of the conduct of the juve-
nile, but shall be returned to the lawful owner when such handgun 
or ammunition is no longer required by the Grovemment for the 
purposes of investigation or prosecution. 
"(5) For purposes of this subsection, the term 'juvenile' means 
a person who is less than 18 years of age. 
"(6)(A) In a prosecution of a violation of this subsection, the 
court shall require the presence of a juvenile defendant's parent 
or legal guardian at all proceedings. 
"(B) The court may use the contempt power to enforce subpara-
graph (A). 
"(C) The court may excuse attendance of a parent or legal 
guardian of a juvenile defendant at a proceeding in a prosecution 
of a violation of this subsection for good cause shown.". 
(b) PENALTIES.—Section 924(a) of title 18, United States Code, 
is amended— 
(1) in paragraph (1) by striking "paragraph (2) or (3) of; 
and 
(2) by adding at the end the following new paragraph: 
"(5)(A)(i) A juvenile who violates section 922(x) shall be fined 
under this title, imprisoned not more than 1 year, or both, except 
that a juvenile described in clause (ii) shall be sentenced to proba-
tion on appropriate conditions and shall not be incarcerated unless 
the juvenile fails to comply with a condition of probation, 
"(ii) A juvenile is described in this clause if— 
"(I) the offense of which the juvenile is charged is posses-
sion of a handgun or ammunition in violation of section 
922(x)(2); and 
"(II) the juvenile has not been convicted in any court of 
an offense (including an offense under section 922(x) or a simi-
lar State law, but not including any other offense consisting 
of conduct that if engaged in by an adult would not constitute 
an offense) or adjudicated as a juvenile delinquent for conduct 
that if engaged in by an adult would constitute an offense. 
"(B) A person other than a juvenile who knowingly violates 
section 922(x)— 
"(i) shall be fined under this title, imprisoned not more 
than 1 year, or both; and 
108 STAT. 2012 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(ii) if the person sold, delivered, or otherwise transferred 
a handgun or ammunition to a juvenile knowing or having 
reasonable cause to know that the juvenile intended to carry 
^ 
or otherwise possess or discharge or otherwise use the handgun 
or ammunition in the commission of a crime of violence, shall 
be fined under this title, imprisoned not more than 10 years, 
or both.". 
(c) TECHNICAL AMENDMENT OF JUVENILE DELINQUENCY PROVI-
SIONS IN TITLE 18, UNITED STATES CODE.— 
(1) SECTION 5031.—Section 5031 of title 18, United States 
Code, is amended by inserting "or a violation by such a person 
of section 922(x)" before the period at the end. 
(2) SECTION 5032.—Section 5032 of title 18, United States 
Code, is amended— 
(A) in the first undesignated paragraph by inserting 
"or (x)" after "922(p)"; and 
(B) in the fourth undesignated paragraph by inserting 
"or section 922(x) of this title," before "criminal prosecution 
on the basis". 
(d) TECHNICAL AMENDMENT OF THE JUVENILE JUSTICE AND 
DELINQUENCY PREVENTION ACT OF 1974.—Section 223(a)(12)(A) of 
the Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5633(a)(12)(A)) is amended by striking "which do not con-
stitute violations of valid court orders" and inserting "(other than 
an offense that constitutes a violation of a valid court order or 
a violation of section 922(x) of title 18, United States Code, or 
a similar State law)." 
42 use 5653 
(e) MoDEL LAW.—The Attorney General, acting through the 
"°*®- 
Director of the National Institute for Juvenile Justice and Delin-
quency Prevention, shall— 
(1) evaluate existing and proposed juvenile handgun legisla-
tion in each State; 
(2) develop model juvenile handgun legislation that is con-
stitutional and enforceable; 
(3) prepare and disseminate to State authorities the find-
ings made as the result of the evaluation; and 
Reports. 
(4) report to Congress by December 31, 1995, findings 
and recommendations concerning the need or appropriateness 
of further action by the Federal (government. 
Subtitle C—Licensure 
SEC. 110301. FIREARMS UCENSURE AND REGISTRATION TO REQUIRE 
A PHOTOGRAPH AND FINGERPRINTS. 
(a) FIREARMS LICENSURE.—Section 923(a) of title 18, United 
States Code, is amended in the second sentence by inserting "and 
shall include a photograph and fingerprints of the applicant" before 
the period. 
(b) REGISTRATION.—Section 5802 of the Internal Revenue Code 
26 use 5802. 
of 1986 is amended by inserting after the first sentence the follow-
ing: "An individual required to register under this section shall 
include a photograph and fingerprints of the individual with the 
initial application.". 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2013 
SEC. 110302. COMPLIANCE WITH STATE AND LOCAL LAW AS A CONDI-
TION TO UCENSE. 
Section 923(d)(1) of title 18, United States Code, is amended— 
(1) by striking "and" at the end of subparagraph (D); 
(2) by striking the period at the end of subparagraph (E) 
and inserting "; and"; and 
(3) by adding at the end the following new subparagraph: 
"(F) the applicant certifies that— 
"(i) the business to be conducted under the license 
is not prohibited by State or local law in the place where 
the licensed premise is located; 
"(ii)(I) within 30 days after the application is approved 
the business will comply with the requirements of State 
and local law applicable to the conduct of the business; 
and 
"(II) the business will not be conducted under the 
license until the requirements of State and local law 
applicable to the business have been met; and 
"(iii) that the applicant has sent or delivered a form 
to be prescribed by the Secretary, to the chief law enforce-
ment officer of the locality in which the premises are 
located, which indicates that the applicant intends to apply 
for a Federal firearms license.". 
SEC. 110303. ACTION ON FIREARMS LICENSE APPLICATION. 
Section 923(d)(2) of title 18, United States Code, is amended 
by striking "forty-five-day" and inserting "60-day". 
SEC. 110304. INSPECTION OF FIREARMS UCENSEES' INVENTORY AND 
RECORDS. 
Section 923(g)(l)(B)(ii) of title 18, United States Code, is 
amended to read as follows: 
"(ii) for ensuring compliance with the record keep-
ing requirements of this chapter— 
"(I) not more than once during any 12-month 
period; or 
"(II) at any time with respect to records relat-
ing to a firearm involved in a criminal investiga-
tion that is traced to the licensee.". 
SEC. 110305. REPORTS OF THEFT OR LOSS OF FIREARMS. 
Section 923(g) of title 18, United States Code, is amended 
by adding at the end the following new paragraph: 
"(6) Each licensee shall report the theft or loss of a firearm 
from the licensee's inventory or collection, within 48 hours 
after the theft or loss is discovered, to the Secretary and to 
the appropriate local authorities.". 
SEC. 110306. RESPONSES TO REQUESTS FOR INFORMATION. 
Section 923(g) of title 18, United States Code, as amended 
by section 110405, is amended by adding at the end the following 
new paragraph: 
"(7) Each licensee shall respond immediately to, and in 
no event later than 24 hours after the receipt of, a request 
by the Secretary for information contained in the records 
required to be kept by this chapter as may be required for 
determining the disposition of 1 or more firearms in the course 
of a bona fide criminal investigation. The requested information 
108 STAT. 2014 
PUBLIC LAW 103-322—SEPT. 13, 1994 
shall be provided orally or in writing, as the Secretary may 
require. The Secretary shall implement a system whereby the 
licensee can positively identify and establish that an individual 
requesting information via telephone is employed by and 
authorized by the agency to request such information.". 
SEC. 110307. NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS 
LICENSEES. 
Section 923 of title 18, United States Code, is amended by 
adding at the end the following new subsection: 
"(1) The Secretary of the Treasury shall notify the chief 
law enforcement officer in the appropriate State and local juris-
dictions of the names and addresses of all persons in the 
State to whom a firearms license is issued.". 
Subtitle D—Domestic Violence 
SEC. 110401. PROfflBITION AGAINST DISPOSAL OF FIREARMS TO, OR 
RECEIPT OF FIREARMS BY, PERSONS WHO HAVE 
COMMITTED DOMESTIC ABUSE. 
(a) INTIMATE PARTNER DEFINED.—Section 921(a) of title 18, 
United States Code, as amended by section 110103(b), is amended 
by inserting at the end the following new paragraph: 
"(32) The term 'intimate partner' means, with respect to a 
person, the spouse of the person, a former spouse of the person, 
an individual who is a parent of a child of the person, and an 
individual who cohabitates or has cohabited with the person.". 
(b) PROHIBITION AGAINST DISPOSAL OF FIREARMS.—Section 
922(d) of title 18, United States Code, is amended— 
(1) by striking "or" at the end of paragraph (6); 
(2) by striking the period at the end of paragraph (7) 
and inserting "; or"; £ind 
(3) by inserting after paragraph (7) the following new para-
graph: 
"(8) is subject to a court order that restrains such person 
from harassing, stalking, or threatening an intimate partner 
of such person or child of such intimate partner or person, 
or engaging in other conduct that would place an intimate 
partner in reasonable fear of bodily injury to the partner or 
child, except that this paragraph shall only apply to a court 
order that— 
"(A) was issued after a hearing of which such person 
received actual notice, and at which such person had the 
opportunity to participate; and 
"(B)(i) includes a finding that such person represents 
a credible threat to the physical safety of such intimate 
partner or child; or 
"(ii) by its terms explicitly prohibits the use, attempted 
use, or threatened use of physical force against such 
intimate partner or child that would reasonably be expected 
to cause bodily injury.". 
(c) PROHIBITION AGAINST RECEIPT OF FIREARMS.—Section 922(g) 
of title 18, United States Code, is amended— 
(1) by striking "or" at the end of paragraph (6); 
(2) by inserting "or" at the end of paragraph (7); and 
(3) by inserting after paragraph (7) the following: 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2015 
"(8) who is subject to a court order that— 
"(A) was issued after a hearing of which such person 
received actual notice, and at which such person had an 
opportunity to participate; 
"(B) restrains such person from harassing, stalking, 
or threatening an intimate partner of such person or child 
of such intimate partner or person, or engaging in other 
conduct that would place an intimate partner in reasonable 
fear of bodily injury to the partner or child; and 
"(C)(i) includes a finding that such person represents 
a credible threat to the physical safety of such intimate 
partner or child; or 
"(ii) by its terms explicitly prohibits the use, attempted 
use, or threatened use of physical force against such 
intimate partner or child that would reasonably be expected 
to cause bodily injury,". 
(d) STORAGE OF FIREARMS.—Section 926(a) of title 18, United 
States Code, is amended— 
(1) by striking "and" at the end of paragraph (1); 
(2) by striking the period at the end of paragraph (2) 
and inserting "; and"; and 
(3) by inserting after paragraph (2) the following: 
"(3) regulations providing for effective receipt and secure 
storage of firearms relinquished by or seized from persons 
described in subsection (d)(8) or (g)(8) of section 922.". 
(e) RETURN OF FIREARMS.—Section 924(d)(1) of title 18, United 
States Code, is amended by striking "the seized" and inserting 
"or lapse of or court termination of the restraining order to which 
he is subject, the seized or relinquished". 
Subtitle E—Gun Crime Penalties 
SEC. 110501. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC 28 USC 994 note. 
FIREARM DURING A CRIME OF VIOLENCE OR A DRUG 
TRAFFICKING CRIME. 
(a) AMENDMENT TO SENTENCING GUIDELINES.—Pursuant to its 
authority under section 994 of title 28, United States Code, the 
United States Sentencing Commission shall amend its sentencing 
guidelines to provide an appropriate enhancement of the punish-
ment for a crime of violence (as defined in section 924(c)(3) of 
title 18, United States Code) or a drug trafficking crime (as defined 
in section 924(c)(2) of title 18, United States Code) if a semiauto-
matic firearm is involved. 
(b) SEMIAUTOMATIC FIREARM.—In subsection (a), "semiauto-
matic firearm" means any repeating firearm that utilizes a portion 
of the energy of a firing cartridge to extract the fired cartridge 
case and chamber the next round and that requires a separate 
pull of the trigger to fire each cartridge. 
SEC. 110502. ENHANCED PENALTY FOR SECOND OFFENSE OF USING 
28 USC 994 note. 
AN EXPLOSIVE TO COMMIT A FELONY. 
Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall 
promulgate amendments to the sentencing guidelines to appro-
priately enhance penalties in a case in which a defendant convicted 
108 STAT. 2016 
PUBLIC LAW 103-322—SEPT. 13, 1994 
under section 844(h) of title 18, United States Code, has previously 
been convicted under that section. 
SEC. 110603. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING. 
Section 924 of title 18, United States Code, as amended by 
section 60013, is simended by adding at the end the following 
new subsection: 
"(j) A person who, with intent to engage in or to promote 
conduct that— 
"(1) is punishable under the Controlled Substances Act 
(21 U.S.C. 801 et seq.), the Controlled Substances Import and 
Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug 
Law Enforcement Act (46 U.S.C. App. 1901 et seq.); 
"(2) violates any law of a State relating to any controlled 
substance (as defined in section 102 of the Controlled Sub-
stances Act, 21 U.S.C. 802); or 
"(3) constitutes a crime of violence (as defined in subsection 
(0(3), 
smuggles or knowingly brings into the United States a firearm, 
or attempts to do so, shall be imprisoned not more than 10 years, 
fined under this title, or both.". 
SEC. 110504. THEFT OF FIREARMS AND EXPLOSIVES. 
(a) FIREARMS.—Section 924 of title 18, United States Code, 
as amended by section 110203(a), is amended by adding at the 
end the following new subsection: 
"(k) A person who steals any firearm which is moving as, 
or is a part of, or which has moved in, interstate or foreign commerce 
shall be imprisoned for not more than 10 years, fined under this 
title, or both.". 
(b) EXPLOSIVES.—Section 844 of title 18, United States Code, 
is amended by adding at the end the following new subsection: 
"(k) A person who steals any explosives materials which are 
moving as, or are a part of, or which have moved in, interstate 
or foreign commerce shall be imprisoned for not more than 10 
years, fined under this title, or both.". 
SEC. 110505. REVOCATION OF SUPERVISED RELEASE AFTER IMPRIS-
ONMENT. 
Section 3583 of title 18, United States Code, is amended— 
(1) in subsection (d) by striking "possess illegal controlled 
substances" and inserting "unlawfully possess a controlled sub-
stance"; 
(2) in subsection (e)— 
(A) by striking "person" each place such term appears 
in such subsection and inserting "defendant"; and 
(B) by amending paragraph (3) to read as follows: 
"(3) revoke a term of supervised release, and require the 
defendant to serve in prison all or part of the term of supervised 
release authorized by statute for the offense that resulted in 
such term of supervised release without credit for time pre-
viously served on postrelease supervision, if the court, pursuant 
to the Federal Rules of Criminal Procedure applicable to revoca-
tion of probation or supervised release, finds by a preponder-
ance of the evidence that the defendant violated a condition 
of supervised release, except that a defendant whose term 
is revoked under this paragraph may not be required to serve 
more than 5 years in prison if the offense that resulted in 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2017 
the term of supervised release is a class A felony, more than 
3 years in prison if such offense is a class B felony, more 
than 2 years in prison if such offense is a class C or D felony, 
or more than one year in any other case; or"; and 
(3) by striking subsection (g) and inserting the following: 
"(g) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED 
SUBSTANCE OR FIREARM OR FOR REFUSAL TO COMPLY WITH DRUG 
TESTING.—If the defendant— 
"(1) possesses a controlled substance in violation of the 
. condition set forth in subsection (d); 
"(2) possesses a firearm, as such term is defined in section 
921 of this title, in violation of Federal law, or otherwise violates 
a condition of supervised release prohibiting the defendant 
. 
from possessing a firearm; or 
"(3) refuses to comply with drug testing imposed as a 
condition of supervised release; 
the court shall revoke the term of supervised release and require 
the defendant to serve a term of imprisonment not to exceed the 
maximum term of imprisonment authorized under subsection (e)(3). 
"(h) SUPERVISED RELEASE FOLLOWING REVOCATION.—When a 
term of supervised release is revoked and the defendant is required 
to serve a term of imprisonment that is less than the maximum 
term of imprisonment authorized under subsection (e)(3), the court 
may include a requirement that the defendant be placed on a 
term of supervised release after imprisonment. The length of such 
a term of supervised release shall not exceed the term of supervised 
release authorized by statute for the offense that resulted in the 
original term of supervised release, less any term of imprisonment 
that was imposed upon revocation of supervised release. 
"(i) DELAYED REVOCATION.—^The power of the court to revoke 
a term of supervised release for violation of a condition of supervised 
release, and to order the defendant to serve a term of imprisonment 
and, subject to the limitations in subsection (h), a further term 
of supervised release, extends beyond the expiration of the term 
of supervised release for any period reasonably necessary for the 
adjudication of matters arising before its expiration if, before its 
expiration, a warrant or summons has been issued on the basis 
of an allegation of such a violation,". 
SEC. 110606. REVOCATION OF PROBATION. 
(a) IN GENERAL.—Section 3565(a) of title 18, United States 
Code, is amended— 
(1) in paragraph (2) by striking "impose any other sentence 
that was available under subchapter A at the time of the 
initial sentencing" and inserting "resentence the defendant 
under subchapter A"; and 
(2) by striking the last sentence. 
(b) MANDATORY REVOCATION.—Section 3565(b) of title 18, 
United States Code, is amended to read as follows: 
"(b) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED 
SUBSTANCE OR FIREARM OR REFUSAL TO COMPLY WITH DRUG TEST-
ING.—If the defendant— 
"(1) possesses a controlled substance in violation of the 
condition set forth in section 3563(a)(3); 
"(2) possesses a firearm, as such term is defined in section 
921 of this title, in violation of Federal law, or otherwise violates 
108 STAT. 2018 
PUBLIC LAW 103-322—SEPT. 13, 1994 
a condition of probation prohibiting the defendant from possess-
ing a firearm; or 
"(3) refuses to comply with drug testing, thereby violating 
the condition imposed by section 3563(a)(4), 
the court shall revoke the sentence of probation and resentence 
the defendant under subchapter A to a sentence that includes 
a term of imprisonment.". 
SEC. 110507. INCREASED PENALTY FOR KNOWINGLY MAKING FALSE, 
MATERIAL STATEMENT IN CONNECTION WITH THE 
ACQUISITION OF A FIREARM FROM A LICENSED 
DEALER. 
Section 924(a) of title 18, United States Code, is amended— 
(1) in subsection (a)(1)(B) by striking "(a)(6),"; and 
(2) in subsection (a)(2) by inserting "(aX6)," after "sub-
sections". 
SEC. 110508. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS. 
Section 842(i) of title 18, United States Code, is amended by 
inserting "or possess" after "to receive". 
SEC. 110509. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO 
FORFEITURE. 
Section 844(c) of title 18, United States Code, is amended— 
(1) by inserting "(1)" after "(c)"; and 
(2) by adding at the end the following new paragraphs: 
"(2) Notwithstanding paragraph (1), in the case of the seizure 
of any explosive materials for any offense for which the materials 
would be subject to forfeiture in which it would be impracticable 
or unsafe to remove the materials to a place of storage or would 
be unsafe to store them, the seizing officer may destroy the explosive 
materials forthwith. Any destruction under this paragraph shall 
Reports. 
be in the presence of at least 1 credible witness. The seizing officer 
shall make a report of the seizure and take samples as the Secretary 
may by regulation prescribe. 
"(3) Within 60 days after any destruction made pursuant to 
paragraph (2), the owner of (including any person having an interest 
in) the property so destroyed may make application to the Secretary 
for reimbursement of the value of the property. If the claimant 
establishes to the satisfaction of the Secretary that— 
"(A) the property has not been used or involved in a viola-
tion of law; or 
^ 
"(B) any unlawful involvement or use of the property was 
without the claimant's knowledge, consent, or willful blindness, 
the Secretary shall make an allowance to the claimant not exceeding 
the value of the property destroyed.". 
SEC. 110510. ELIMINATION OF OUTMODED LANGUAGE RELATING TO 
PAROLE. 
(a) SECTION 924(e)(1) OF TITLE 18.—Section 924(e)(1) of title 
18, United States Code, is amended by striking ", and such person 
shall not be eligible for parole with respect to the sentence imposed 
under this subsection". 
(b) SECTION 924(c)(1) OF TITLE 18.—Section 924(c)(1) of title 
18, United States Code, is amended by striking "No person sen-
tenced under this subsection shall be eligible for parole during 
the term of imprisonment imposed under this subsection.". 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2019 
SEC. 110511. PROHIBITION AGAINST 
TRANSACTIONS INVOLVING 
STOLEN FIREARMS WIQCH HAVE MOVED IN INTER-
STATE OR FOREIGN COMMERCE. 
Section 922(j) of title 18, United States Code, is amended to 
read as follows: 
"(j) It shall be unlawful for any person to receive, possess, 
conceal, store, barter, sell, or dispose of any stolen firearm or 
stolen ammunition, or pledge or accept as security for a loan anv 
stolen firearm or stolen ammunition, which is moving as, which 
is a part of, which constitutes, or which has been shipped or 
transported in, interstate or foreign commerce, either before or 
after it was stolen, knowing or having reasonable cause to believe 
that the firearm or ammunition was stolen.". 
SEC. 110512. USING A FIREARM IN THE COMMISSION OF COUNTER- 28 USC 994 note. 
FEITING OR FORGERY. 
Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall amend 
its sentencing guidelines to provide an appropriate enhancement 
of the punishment for a defendant convicted of a felony under 
chapter 25 of title 18, United States Code, if the defendant used 
or carried a firearm (as defined in section 921(a)(3) of title 18, 
United States Code) during and in relation to the felony. 
SEC. 110513. ENHANCED PENALTIES FOR FIREARMS POSSESSION BY 28 USC 994 note. 
VIOLENT FELONS AND SERIOUS DRUG OFFENDERS. 
Pursuant to its authority under section 994 of title 28, United 
States Code, the United States Sentencing Commission shall amend 
its sentencing guidelines to— 
(1) appropriately enhance penalties in cases in which a 
defendant convicted under section 922(g) of title 18, United 
States Code, has 1 prior conviction by any court referred to 
in section 922(g)(1) of title 18 for a violent felony (as defined 
in section 924(e)(2)(B) of that title) or a serious drug offense 
(as defined in section 924(e)(2)(A) of that title); and 
(2) appropriately enhance penalties in cases in which such 
a defendant has 2 prior convictions for a violent felony (as 
so defined) or a serious drug ofTense (as so defined). 
SEC. 110614. RECEIPT OF FIREARMS BY NONRESIDENT. 
Section 922(a) of title 18, United States Code, is amended— 
(1) by striking "and" at the end of paragraph (7); 
(2) by striking the period at the end of paragraph (8) 
and inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
"(9) for any person, other than a licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector, who does 
not reside in any State to receive any firearms unless such 
receipt is for lawful sporting purposes.". 
SEC. 110615. THEFT OF FIREARMS OR EXPLOSIVES FROM UCENSEE. 
(a) FIREARMS.—Section 924 of title 18, United States Code, 
as amended by section 110504(a), is amended by adding at the 
end the following new subsection: 
"(1) A person who steals any firearm from a licensed importer, 
licensed manufacturer, licensed dealer, or licensed collector shall 
be fined under this title, imprisoned not more than 10 years, or 
both.". 
108 STAT. 2020 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(b) EXPLOSIVES.—Section 844 of title 18, United States Code, 
as amended by section 110204(b), is amended by adding at the 
end the following new subsection: 
"(1) A person who steals any explosive material from a licensed 
importer, licensed manufacturer, or licensed dealer, or from any 
permittee shall be fined under this title, imprisoned not more 
than 10 years, or both.". 
SEC. 110616. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS. 
Section 842(d) of title 18, United States Code, is amended 
by striking "licensee" and inserting "person". 
SEC. 110517. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICK-
ING. 
Section 924 of title 18, United States Code, as amended by 
section 110515(a), is amended by adding at the end the following 
new subsection: 
"(m) A person who, with the intent to engage in conduct that 
constitutes a violation of section 922(a)(1)(A), travels from any 
State or foreign country into any other State and acquires, or 
attempts to acquire, a firearm in such other State in furtherance 
of such purpose shall be imprisoned for not more than 10 years.". 
SEC. 110518. FIREARMS AND EXPLOSIVES CONSPIRACY. 
(a) FIREARMS.—Section 924 of title 18, United States Code, 
as amended by section 110517(a), is amended by adding at the 
end the following new subsection: 
"(n) A person who conspires to commit an offense under sub-
section (c) shall be imprisoned for not more than 20 years, fined 
under this title, or both; and if the firearm is a machinegun or 
destructive device, or is equipped with a firearm silencer or muffler, 
shall be imprisoned for any term of years or life.". 
(b) EXPLOSIVES.—Section 844 of title 18, United States Code, 
as amended by section 110515(b), is amended by adding at the 
end the following new subsection: 
"(m) A person who conspires to commit an offense under sub-
section (h) shall be imprisoned for any term of years not exceeding 
20, fined under this title, or both. 
SEC. 110519. DEFINITION OF ARMOR PIERCING AMMUNITION. 
Section 921(a)(17) of title 18, United States Code, is amended 
by revising subparagraph (B) and adding a new subparagraph (C) 
to read as follows: 
"(B) The term 'armor piercing ammunition' means— 
"(i) a projectile or projectile core which may be used 
in a handgun and which is constructed entirely (excluding 
the presence of traces of other substances) from one or 
a combination of tungsten alloys, steel, iron, brass, bronze, 
beryllium copper, or depleted uranium; or 
"(ii) a full jacketed projectile larger than .22 caliber 
designed and intended for use in a handgun and whose 
jacket has a weight of more than 25 percent of the total 
weight of the projectile. 
"(C) The term 'armor piercing ammunition' does not include 
shotgun shot required by Federal or State environmental or 
game regulations for hunting purposes, a frangible projectile 
designed for target shooting, a projectile which the Secretary 
finds is primarily intended to be used for sporting purposes. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2021 
or any other projectile or projectile core which the Secretary 
finds is intended to be used for industrial purposes, including 
a charge used in an oil and gas well perforating device.". 
TITLE XII—TERRORISM 
SEC. 120001. EXTENSION OF THE STATUTE OF LIMITATION FOR CER-
TAIN TERRORISM OFFENSES. 
(a) IN GENERAL.—Chapter 213 of title 18, United States Code, 
is amended by inserting after section 3285 the following new section: 
*
*
§ 3286. Extension of statute of limitation for certain terror-
ism offenses 
"Notwithstanding section 3282, no person shall be prosecuted, 
tried, or punished for any offense involving a violation of section 
32 (aircraft destruction), section 36 (airport violence), section 112 
(assaults upon diplomats), section 351 (crimes against Congressmen 
or Cabinet officers), section 1116 (crimes against diplomats), section 
1203 (hostage taking), section 1361 (willful injury to government 
property), section 1751 (crimes against the President), section 2280 
(maritime violence), section 2281 (maritime platform violence), sec-
tion 2331 (terrorist acts abroad against United States nationals), 
section 2339 (use of weapons of mass destruction), or section 2340A 
(torture) of this title or section 46502, 46504, 46505, or 46506 
of title 49, unless the indictment is found or the information is 
instituted within 8 years after the offense was committed.". 
(b) APPLICATION OF AMENDMENT.—The amendment made by 18 use 3286 
subsection (a) shall not apply to any offense committed more than 
"°'^ 
5 years prior to the date of enactment of this Act. 
(c) TECHNICAL AMENDMENT.—The chapter analysis for chapter 
213 of title 18, United States Code, is amended by inserting after 
the item relating to section 3285 the following new item: 
"3286. Extension of statute of limitation for certain terrorism offenses.". 
SEC. 120002. JURISDICTION OVER CRIMES AGAINST UNITED STATES 
NATIONALS ON CERTAIN FOREIGN SfflPS. 
Section 7 of title 18, United States Code (relating to the special 
maritime and territorial jurisdiction of the United States), is amend-
ed by inserting at the end thereof the following new paragraph: 
"(8) To the extent permitted by international law, any foreign 
vessel during a voyage having a scheduled departure from or arrival 
in the United States with respect to an offense committed by 
or against a national of the United States.". 
SEC. 120003. COUNTERFEITING UNITED STATES CURRENCY ABROAD. 
(a) IN GENERAL.—Chapter 25 of title 18, United States Code, 
is amended by adding before section 471 the following new section: 
*'§ 470. Counterfeit acts committed outside the United States 
"A person who, outside the United States, engages in the act 
of— 
"(1) making, dealing, or possessing any counterfeit obliga-
tion or other security of the United States; or 
"(2) making, dealing, or possessing any plate, stone, or 
other thing, or any part thereof, used to counterfeit such obliga-
tion or security. 
108 STAT. 2022 
PUBLIC LAW 103-322—SEPT. 13, 1994 
if such act would constitute a violation of section 471, 473, or 
474 if committed within the United States, shall be fined under 
this title, imprisoned not more than 20 years, or both.", 
(b) TECHNICAL AMENDMENTS.— 
(1) CHAPTER ANALYSIS.—The chapter analysis for chapter 
25 of title 18, United States Code, is amended by adding before 
section 471 the following new item: 
"470. Counterfeit acts committed outside the United States.". 
(2) PART ANALYSIS.—^The part analysis for part I of title 
18, United States Code, is amended by amending the item 
for chapter 25 to read as follows: 
"25. Counterfeiting and forgery 
470". 
28 use 994 note. 
SEC. 120004. SENTENCING GUIDELINES INCREASE FOR TERRORIST 
CRIMES. 
The United States Sentencing Commission is directed to amend 
its sentencing guidelines to provide an appropriate enhancement 
for any felony, whether committed within or outside the United 
States, that involves or is intended to promote international terror-
ism, unless such involvement or intent is itself an element of 
the crime. 
SEC. 120005. PROVIDING MATERIAL SUPPORT TO TERRORISTS. 
(a) OFFENSE.—Chapter 113A of title 18, United States Code, 
is amended by adding the following new section: 
^§ 2339A. Providing material support to terrorists 
"(a) DEFINITION.—In this section, 'material support or resources' 
means currency or other financial securities, financial services, 
lodging, training, safehouses, false documentation or identification, 
communications equipment, facilities, weapons, lethal substances, 
explosives, personnel, transportation, and other physical assets, 
but does not include humanitarian assistance to persons not directly 
involved in such violations. 
"(b) OFFENSE.—A person who, within the United States, pro-
vides material support or resources or conceals or disguises the 
nature, location, source, or ownership of material support or 
resources, knowing or intending that they are to be used in prepara-
tion for, or in carrying out, a violation of section 32, 36, 351, 
844 (f) or (i), 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 
2331, or 2339 of this title or section 46502 of title 49, or in prepara-
tion for or carrying out the concealment of an escape from the 
commission of any such violation, shall be fined under this title, 
imprisoned not more than 10 years, or both. 
"(c) INVESTIGATIONS.— 
"(1) IN GENERAL.—^Within the United States, an investiga-
tion may be initiated or continued under this section only 
when facts reasonably indicate that— 
"(A) in the case of an individual, the individual know-
ingly or intentionally engages, has engaged, or is about 
to engage in the violation of this or any other Federal 
criminal law; and 
"(B) in the case of a group of individuals, the group 
knowingly or intentionally engages, has engaged, or is 
about to engage in the violation of this or any other Federal 
criminal law. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2023 
"(2) ACTIVITIES PROTECTED BY THE FIRST AMENDMENT.— 
An investigation may not be initiated or continued under this 
section based on activities protected by the First Amendment 
to the Constitution, including expressions of support or the 
provision of financial support for the nonviolent political, reli-
gious, philosophical, or ideological goals or beliefs of any person 
or group.". 
(b) TECHNICAL AMENDMENT.—^The chapter analysis for chapter 
113A of title 18, United States Code, is amended by adding the 
following new item: 
"2339A. Providing material support to terrorists.". 
TITLE XIII—CRIMINAL ALIENS AND 
IMMIGRATION ENFORCEMENT 
SEC. 130001. ENHANCEMENT OF PENALTIES FOR FAILING TO DEPART, 
OR REENTERING, AFTER FINAL ORDER OF DEPORTA-
TION. 
(a) FAILURE TO DEPART.—Section 242(e) of the Immigration 
and Nationality Act (8 U.S.C. 1252(e)) is amended— 
(1) by striking "paragraph (2), (3), or (4) of the first time 
it appears; and 
(2) by striking "shall be imprisoned not more than ten 
years" and inserting "shall be imprisoned not more than four 
years, or shall be imprisoned not more than ten years if the 
alien is a member of any of the classes described in paragraph 
(1)(E), (2), (3), or (4) of section 241(a).". 
(b) REENTRY.—Section 276(b) of the Immigration and National-
ity Act (8 U.S.C. 1326(b)) is amended— 
(1) in paragraph (1)— 
(A) by inserting after "commission of the following: 
"three or more misdemeanors involving drugs, crimes 
against the person, or both, or"; and 
(B) by striking "5" and inserting "10"; 
(2) in paragraph (2), by striking "15" and inserting "20"; 
and 
(3) by adding at the end the following sentence: 
"For the purposes of this subsection, the term 'deportation' includes 
any agreement in which an alien stipulates to deportation during 
a criminal trial under either Federal or State law.". 
SEC. 130002. CRIMINAL ALIEN TRACKING CENTER. 
8 USC 1252 note. 
(a) OPERATION.—The Attorney General shall, under the author-
ity of section 242(a)(3)(A) of the Immigration and Nationality Act 
(8 U.S.C. 1252(a)(3XA)), operate a criminal alien tracking center. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
(1) $3,400,000 for fiscal year 1996; 
(2) $3,600,000 for fiscal year 1997; 
(3) $3,700,000 for fiscal year 1998; 
(4) $3,800,000 for fiscal year 1999; and 
(5) $3,900,000 for fiscal year 2000. 
108 STAT. 2024 
PUBLIC LAW 103-322—SEPT. 13, 1994 
SEC. 130003. ALIEN WITNESS COOPERATION AND COUNTERTERROR-
ISM INFORMATION. 
(a) ESTABLISHMENT OF NEW NONIMMIGRANT CLASSIFICATION.— 
Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) is amended— 
(1) by striking "or" at the end of subparagraph (Q), 
(2) by striking the period at the end of subparagraph (R) 
and inserting "; or", and 
(3) by adding at the end the following new subparagraph: 
"(S) subject to section 214(j), an alien— 
"(i) who the Attorney CJeneral determines— 
"(I) is in possession of critical reliable information 
concerning a criminal organization or enterprise; 
"(II) is willing to supply or has supplied such 
information to Federal or State law enforcement 
authorities or a Federal or State court; and 
"(III) whose presence in the United States the 
Attorney CJeneral determines is essential to the success 
of an authorized criminal investigation or the success-
ful prosecution of an individual involved in the criminal 
organization or enterprise; or 
"(ii) who the Secretary of State and the Attorney Gen-
eral jointly determine— 
"(I) is in possession of critical reliable information 
concerning a terrorist organization, enterprise, or oper-
ation; 
"(II) is willing to supply or has supplied such 
information to Federal law enforcement authorities or 
a Federal court; 
"(III) will be or has been placed in danger as 
a result of providing such information; and 
"(IV) is eligible to receive a reward under section 
36(a) of the State Department Basic Authorities Act 
of 1956, 
and, if the Attorney Greneral (or with respect to clause (ii), 
the Secretary of State and the Attorney CJeneral jointly) consid-
ers it to be appropriate, the spouse, married and unmarried 
sons and daughters, and parents of an alien described in clause 
(i) or (ii) if accompanying, or following to join, the alien.". 
(b) CONDITIONS OF ENTRY.— 
(1) WAIVER OF GROUNDS FOR EXCLUSION.—Section 212(d) 
of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is 
amended by inserting at the beginning the following new para-
graph: 
"(1) The Attorney General shall determine whether a ground 
for exclusion exists with respect to a nonimmigrant described in 
section 101(a)(15)(S). The Attorney General, in the Attorney Gen-
eral's discretion, may waive the application of subsection (a) (other 
than paragraph (3)(E)) in the case of a nonimmigrant described 
in section 101(a)(15)(S), if the Attorney General considers it to 
be in the national interest to do so. Nothing in this section shall 
be regarded as prohibiting the Immigration and Naturalization 
Service from instituting deportation proceedings against an alien 
admitted as a nonimmigrant under section 101(a)(15)(S) for conduct 
committed after the alien's admission into the United States, or 
for conduct or a condition that was not disclosed to the Attorney 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2025 
General prior to the alien's admission as a nonimmigrant under 
section 101(a)(15)(S).". 
(2) NUMERICAL LIMITATIONS; PERIOD OF ADMISSION; ETC.— 
Section 214 of the Immigration and Nationality Act (8 U.S.C. 
1184) is amended by adding at the end the following new 
subsection: 
"(j)(l) The number of aliens who may be provided a visa as 
nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year may 
not exceed 100. The number of aliens who may be provided a 
visa as nonimmigrants under section 101(a)(15)(S)(ii) in any fiscal 
year may not exceed 25. 
"(2) No alien may be admitted into the United States as such 
a nonimmigrant more than 5 years after the date of the enactment 
of this subsection. 
"(3) The period of admission of an alien as such a nonimmigrant 
may not exceed 3 years. Such period may not be extended by 
the Attorney General. 
"(4) As a condition for the admission, and continued stay in 
lawful status, of such a nonimmigrant, the nonimmigrant— 
"(A) shall report not less often than quarterly to the Attor- Reports, 
ney General such information concerning the alien's where-
abouts and activities as the Attorney General may require; 
"(B) may not be convicted of any criminal offense punish-
able by a term of imprisonment of 1 year or more after the 
date of such admission; 
"(C) must 
have executed a form 
that 
waives 
the 
nonimmigrant's right to contest, other than on the basis of 
an application for withholding of deportation, any action for 
deportation of the alien instituted before the alien obtains 
lawful permanent resident status; and 
"(D) shall abide by any other condition, limitation, or 
restriction imposed by the Attorney Greneral. 
"(5) The Attorney Greneral shall submit a report annually to Reports, 
the Committee on the Judiciary of the House of Representatives 
and the Committee on the Judiciary of the Senate concerning— 
"(A) the number of such nonimmigrants admitted; 
"(B) the number of successful criminal prosecutions or 
investigations resulting from cooperation of such aliens; 
"(C) the number of terrorist acts prevented or frustrated 
resulting from cooperation of such aliens; 
"(D) the number of such nonimmigrants whose admission 
or cooperation has not resulted in successful criminal prosecu-
tion or investigation or the prevention or frustration of a terror-
ist act; and 
"(E) the number of such nonimmigrants who have failed 
to report quarterly (as required under paragraph (4)) or who 
have been convicted of crimes in the United States after the 
date of their admission as such a nonimmigrant.". 
(3) PROHIBITION OF CHANGE OF STATUS.—Section 248(1) 
of the Immigration and Naturalization Act (8 U.S.C. 1258(1)) 
is amended by striking "or (K)" and inserting "(K), or (S)". 
(c) ADJUSTMENT TO PERMANENT RESIDENT STATUS.— 
(1) IN GENERAL.—Section 245 of the Immigration and 
Nationality Act (8 U.S.C. 1255) is amended by adding at the 
end the following new subsection: 
"(i)(l) If, in the opinion of the Attorney General— 
108 STAT. 2026 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(A) a nonimmigrant admitted into the United States under 
section 101(a)(15)(S)(i) has supplied information described in 
subclause (I) of such section; and 
"(B) the provision of such information has substantially 
contributed to the success of an authorized criminal investiga-
tion or the prosecution of an individual described in subclause 
(III) of that section, 
the Attorney General may adjust the status of the alien (and 
the spouse, married and unmarried sons and daughters, and parents 
of the alien if admitted under that section) to that of an alien 
lawfully admitted for permanent residence if the alien is not 
described in section 212(a)(3)(E). 
"(2) If, in the sole discretion of the Attorney Greneral— 
"(A) a nonimmigrant admitted into the United States under 
section 101(a)(15)(S)(ii) has supplied information described in 
subclause (I) of such section, and 
"(B) the provision of such information has substantially 
contributed to— 
"(i) the prevention or frustration of an act of terrorism 
against a United States person or United States property, 
or 
"(ii) the success of an authorized criminal investigation 
of, or the prosecution of, an individual involved in such 
an act of terrorism, and 
"(C) the nonimmigrant has received a reward under section 
36(a) of the State Department Basic Authorities Act of 1956, 
the Attorney General may adjust the status of the alien (and 
the spouse, married and unmarried sons and daughters, and parents 
of the alien if admitted under such section) to that of an alien 
lawfully admitted for permanent residence if the alien is not 
described in section 212(a)(3)(E). 
"(3) Upon the approval of adjustment of status under para-
graphs (1) or (2), the Attorney General shall record the alien's 
lawful admission for permanent residence as of the date of such 
approval and the Secretary of State shall reduce by one the number 
of visas authorized to be issued under sections 201(d) and 203(b)(4) 
for the fiscal year then current.". 
(2) EXCLUSIVE MEANS OF ADJUSTMENT.—Section 245(c) of 
the Immigration and Nationality Act (8 U.S.C. 1255(c)) is 
amended by striking "or" before "(4)" and by inserting before 
the period at the end the following: "; or (5) an alien who 
was admitted 
as a nonimmigrant 
described 
in 
section 
101(a)(15)(S)". 
(d) EXTENSION OF PERIOD OF DEPORTATION FOR CONVICTION 
OF A CRIME.—Section 241(a)(2)(A)(i)(I) of the Immigration and 
Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(I)) is amended by inserting 
"(or 10 years in the case of an alien provided lawful permanent 
resident status under section 245(i))" after "five years". 
SEC. 130004. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL 
ALIENS WHO ARE NOT PERMANENT RESIDENTS. 
(a) ELIMINATION OF ADMINISTRATIVE HEARING FOR CERTAIN 
CRIMINAL ALIENS.—Section 242A of the Immigration and National-
ity Act (8 U.S.C. 1252a) is amended by adding at the end the 
following new subsection: 
"(b) DEPORTATION OF ALIENS WHO ARE NOT PERMANENT RESI-
DENTS.— 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2027 
"(1) The Attorney General may, in the case of an alien 
described in paragraph (2), determine the deportability of such 
alien under section 241(a)(2)(A)(iii) (relating to conviction of 
an aggravated felony) and issue an order of deportation pursu-
ant to the procedures set forth in this subsection or section 
242(b). 
"(2) An alien is described in this paragraph if the alien— 
"(A) was not lawfully admitted for permanent residence 
at the time at which proceedings under this section com-
menced; and 
"(B) is not eligible for any relief from deportation under 
this Act. 
"(3) The Attorney General may not execute any order 
described in paragraph (1) until 30 calendar days have passed 
from the date that such order was issued, unless waived by 
the alien, in order that the alien has an opportunity to apply 
for judicial review under section 106. 
"(4) Proceedings before the Attorney General under this Regulations, 
subsection shall be in accordance with such regulations as 
the Attorney General shall prescribe. The Attorney General 
shall provide that— 
"(A) the alien is given reasonable notice of the charges 
and of the opportunity described in subparagraph (C); 
"(B) the alien shall have the privilege of being rep-
resented (at no expense to the government) by such counsel, 
authorized to practice in such proceedings, as the alien 
shall choose; 
"(C) the alien has a reasonable opportunity to inspect 
the evidence and rebut the charges; 
"(D) the determination of deportability is supported Records, 
by clear, convincing, and unequivocal evidence and a record 
is maintained for judicial review; and 
"(E) the final order of deportation is not entered by 
the same person who issues the charges.". 
(b) LIMITED JUDICIAL REVIEW.—Section 106 of the Immigration 
and Nationality Act (8 U.S.C. 1105a) is amended— 
(1) in the first sentence of subsection (a), by inserting 
"or pursuant to section 242A" after "under section 242(b)"; 
(2) in subsection (a)(1) and subsection (a)(3), by inserting 
"(including an alien described in section 242A)" afler "aggra-
vated felony"; and 
(3) by adding at the end the following new subsection: 
"(d)(1) A petition for review or for habeas corpus on behalf 
of an alien against whom a final order of deportation has been 
issued pursuant to section 242A(b) may challenge only— 
"(A) whether the alien is in fact the alien described in 
the order; 
"(B) whether the alien is in fact an alien described in 
section 242A(b)(2); 
"(C) whether the alien has been convicted of an aggravated 
felony and such conviction has become final; and 
"(D) whether the alien was afforded the procedures required 
by section 242A(b)(5). 
"(2) No court shall have jurisdiction to review any issue other 
than an issue described in paragraph (1).". 
(c) TECHNICAL AMENDMENTS.—Section 242A of the Immigration 
and Nationality Act (8 U.S.C. 1252a) is amended— 
108 STAT. 2028 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(1) by amending the heading to read as follows: 
"EXPEDITED DEPORTATION OF ALIENS CONVICTED OF COMMITTING 
AGGRAVATED FELONIES"; 
(2) in subsection (a), as designated prior to enactment 
of this Act, by striking "(a) IN GENERAL.—" and inserting the 
following: 
"(a) DEPORTATION OF CRIMINAL ALIENS.— 
"(1) IN GENERAL.—"; 
(3) in subsection (b), as designated prior to enactment 
of this Act, by striking "(b) IMPLEMENTATION.—" and inserting 
"(2) IMPLEMENTATION.—"; 
(4) by striking subsection (c); 
(5) in subsection (d)— 
(A) by striking "(d) EXPEDITED PROCEEDINGS.—(1)" and 
inserting "(3) EXPEDITED PROCEEDINGS.—(A)"; and 
(B) by striking "(2)" and inserting "(B)"; and 
(6) in subsection (e)— 
(A) by striking "(e) REVIEW.—(1)" and inserting "(4) 
REVIEW.—<A)"; 
(B) by striking the second sentence; and 
(C) by striking "(2)" and inserting "(B)". 
8 use 1105a 
(d) EFFECTIVE DATE.—The amendments made by this section 
"°*®- 
shall apply to all aliens against whom deportation proceedings 
are initiated after the date of enactment of this Act. 
8 use 1158 note. 
SEC. 130005. EXPEDITIOUS DEPORTATION FOR DENIED ASYLUM 
APPLICANTS. 
(a) IN GENERAL.—^The Attorney Greneral may provide for the 
expeditious adjudication of asylum claims and the expeditious 
deportation of asylum applicants whose applications have been 
finally denied, unless the applicant remains in an otherwise valid 
nonimmigrant status. 
(b) EMPLOYMENT AUTHORIZATION.—Section 208 of the Immigra-
tion and Nationality Act (8 U.S.C. 1158) is amended by adding 
at the end the following new subsection: 
"(e) An applicant for asylum is not entitled to emplo3mient 
authorization except as may be provided by regulation in the discre-
tion of the Attorney General.". 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
(1) $64,000,000 for fiscal year 1995; 
(2) $90,000,000 for fiscal year 1996; 
(3) $93,000,000 for fiscal year 1997; and 
(4) $91,000,000 for fiscal year 1998. 
8 use 1101 note. 
SEC. 130006. IMPROVING BORDER CONTROLS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for the Immigration and Naturalization Service 
to increase the resources for the Border Patrol, the Inspections 
Program, and the Deportation Branch to apprehend illegal aliens 
who attempt clandestine entry into the United States or entry 
into the United States with fraudulent documents or who remain 
in the country after their nonimmigrant visas expire— 
(1) $228,000,000 for fiscal year 1995; 
(2) $185,000,000 for fiscal year 1996; 
(3) $204,000,000 for fiscal year 1997; and 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2029 
(4) $58,000,000 for fiscal year 1998. 
Of the sums authorized in this section, all necessary funds 
shall, subject to the availability of appropriations, be allocated 
to increase the number of agent positions (and necessary support 
personnel positions) in the Border Patrol by not less than 1,000 
full-time equivalent positions in each of fiscal years 1995, 1996, 
1997, and 1998 beyond the number funded as of October 1, 1994. 
(b) REPORT.—By September 30, 1996 and September 30, 1998, 
the Attorney General shall report to the Congress on the programs 
described in this section. The report shall include an evaluation 
of the programs, an outcome-based measurement of performance, 
and an analysis of the cost effectiveness of the additional resources 
provided under this Act. 
SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS. 
8 USC 1252 note. 
(a) IN GENERAL.—Subject to the availability of appropriations, 
the Attorney (Jeneral may expand the program authorized by sec-
tion 242A(d) and 242(i) of the Immigration and Nationality Act 
to ensure that such aliens are immediately deportable upon their 
release from incarceration. 
(b) DETENTION AND REMOVAL OF CRIMINAL ALIENS.—Subject 
to the availability of appropriations, the Attorney General may— 
(1) construct or contract for the construction of 2 Immigra-
tion and Naturalization Service Processing Centers to detain 
criminal aliens; and 
(2) provide for the detention and removal of such aliens. 
(c) REPORT.—By September 30, 1996, and September 30, 1998 
the Attorney General shall report to the Congress on the programs 
referred to in subsections (a) and (b). The report shall include 
an evaluation of the programs, an outcome-based measurement 
of performance, and an analysis of the cost effectiveness of the 
additional resources provided under this Act. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
(1) $55,000,000 for fiscal year 1995; 
(2) $54,000,000 for fiscal year 1996; 
(3) $49,000,000 for fiscal year 1997; and 
(4) $2,000,000 for fiscal year 1998. 
SEC. 130008. AUTHORITy TO ACCEPT CERTAIN ASSISTANCE. 
8 USC 1252 note. 
(a) IN GENERAL.—Subject to subsection (b) and notwithstanding 
any other provision of law, the Attorney General, in the discretion 
of the Attorney General, may accept, hold, administer, and utilize 
gifts of property and services (which may not include cash assist-
ance) from State and local governments for the purpose of assisting 
the Immigration and Naturalization Service in the transportation 
of deportable aliens who are arrested for misdemeanor or felony 
crimes under State or Federal law and who are either unlawfully 
within the United States or willing to submit to voluntary departure 
under safeguards. Any property acquired pursuant to this section 
shall be acquired in the name of the United States. 
(b) LIMITATION.—^The Attorney (Jeneral shall terminate or 
rescind the exercise of the authority under subsection (a) if the 
Attorney (Jeneral determines that the exercise of such authority 
has resulted in discrimination by law enforcement officials on the 
basis of race, color, or national origin. 
108 STAT. 2030 
PUBLIC LAW 103-322—SEPT. 13, 1994 
SEC. 130009. PASSPORT AND VISA OFFENSES PENALTIES IMPROVE-
MENT. 
(a) IN GENERAL.—Chapter 75 of title 18, United States Code, 
is amended— 
(1) in section 1541 by striking "not more than $500 or 
imprisoned not more than one year" and inserting "under this 
title, imprisoned not more than 10 years"; 
(2) in each of sections 1542, 1543, and 1544 by striking 
"not more than $2,000 or imprisoned not more than five years 
and inserting "under this title, imprisoned not more than 10 
years"; 
(3) in section 1545 by striking "not more than $2,000 or 
imprisoned not more than three years" and inserting "under 
this title, imprisoned not more than 10 years"; 
(4) in section 1546(a) by striking "five years" and inserting 
"10 years"; 
(5) in section 1546(b) by striking "in accordance with this 
title, or imprisoned not more than two years" and inserting 
"under this title, imprisoned not more than 5 years"; and 
(6) by adding at the end the following new section: 
^§1547. Alternative imprisonment maximum for certain 
offenses 
"Notwithstanding any other provision of this title, the maxi-
mum term of imprisonment that may be imposed for an offense 
under this chapter (other than an offense under section 1545)— 
"(1) if committed to facilitate a drug trafficking crime (as 
defined in 929(a)) is 15 years; and 
"(2) if committed to facilitate an act of international terror-
ism (as defined in section 2331) is 20 years.". 
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter 
75 of title 18, United States Code, is amended by adding at the 
end the following new item: 
"1547. Alternative imprisonment maximum for certain offenses.". 
SEC. 130010. ASYLUM. 
(a) FINDINGS.—The Senate finds that— 
(1) in the last decade applications for asylum have greatly 
exceeded the original 5,000 annual limit provided in the Refu-
gee Act of 1980, with more than 150,000 asylum applications 
filed in fiscal year 1993, and the backlog of cases growing 
to 340,000; 
(2) this flood of asylum claims has swamped the system, 
creating delays in the processing of applications of up to several 
years; 
(3) the delay in processing asylum claims due to the over-
whelming numbers has contributed to numerous problems, 
including— 
(A) an abuse of the asylum laws by fraudulent 
applicants whose primary interest is obtaining work 
authority in the United States while their claim languishes 
in the backlogged asylum processing system; 
(B) the growth of alien smuggling operations, often 
involving organized crime; 
(C) a drain on limited resources resulting from the 
high cost of processing frivolous asylum claims through 
our multilayered system; and 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2031 
(D) an erosion of public support for asylum, which 
is a treaty obligation. 
(4) asylum, a safe haven protection for aliens abroad who 
cannot return home, has been perverted by some aliens who 
use asylum claims to circumvent our immigration and refugee 
laws and procedures; and 
(5) a comprehensive revision of our asylum law and proce-
dures is required to address these problems. 
(b) POLICY.—It is the sense of the Senate that— 
(1) asylum is a process intended to protect aliens in the 
United States who cannot safely return home; 
(2) persons outside their country of nationality who have 
a well-founded fear of persecution if they return should apply 
for refugee status at one of our refugee processing offices 
abroad; and 
(3) the immigration, refugee and asylum laws of the United 
States should be reformed to provide— 
(A) a procedure for the expeditious exclusion of any 
asylum applicant who arrives at a port-of-entry with 
fraudulent documents, or no documents, and makes a 
noncredible claim of asylum; and 
(B) the immigration, refugee and asylum laws of the 
United States should be reformed to provide for a stream-
lined affirmative asylum processing system for asylum 
applicants who make their application after they have 
entered the United States. 
TITLE XIV—YOUTH VIOLENCE 
SEC. 140001. PROSECUTION AS ADULTS OF CERTAIN JUVENILES FOR 
CRIMES OF VIOLENCE. 
The 4th undesignated paragraph of section 5032 of title 18, 
United States Code, is amended by striking "; however" and insert-
ing ". In the application of the preceding sentence, if the crime 
of violence is an offense under section 113(a), 113(b), 113(c), 1111, 
1113, or, if the juvenile possessed a firearm during the offense, 
section 2111, 2113, 2241(a), or 2241(c), 'thirteen' shall be substituted 
for 'fifteen' and 'thirteenth' shall be substituted for 'fifteenth'. Not-
withstanding sections 1152 and 1153, no person subject to the 
criminal jurisdiction of an Indian tribal government shall be subject 
to the preceding sentence for any offense the Federal jurisdiction 
for which is predicated solely on Indian country (as defined in 
section 1151), and which has occurred within the boundaries of 
such Indian country, unless the governing body of the tribe has 
elected that the preceding sentence have effect over land and per-
sons subject to its criminjil jurisdiction. However". 
SEC. 140002. COMMENCEMENT OF JUVENILE PROCEEDING. 
Section 5032 of title 18, United States Code, is amended by 
striking "Any proceedings against a juvenile under this chapter 
or as an adult shall not be commenced until" and inserting "A 
juvenile shall not be transferred to adult prosecution nor shall 
a hearing be held under section 5037 (disposition after a finding 
of 
juvenile delinquency) until". 
108 STAT. 2032 
PUBLIC LAW 103-322—SEPT. 13, 1994 
SEC. 140003. SEPARATION OF JUVENILE FROM ADULT OFFENDERS. 
Section 5039 of title 18, United States Code, is amended by 
inserting ", whether pursuant to an adjudication of delinquency 
or conviction for an offense," after "committed" the first place it 
appears. 
SEC. 140004. BINDOVER SYSTEM FOR CERTAIN VIOLENT JUVENILES. 
Section 501(b) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3751), as amended by section 
100003, is amended— 
(1) by striking "and" at the end of paragraph (21); 
(2) by striking the period at the end of paragraph (22) 
and inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
"(23) programs that address the need for effective bindover 
systems for tne prosecution of violent 16- and 17-year-old juve-
niles in courts with jurisdiction over adults for the crimes 
of— 
"(A) murder in the first degree; 
"(B) murder in the second degree; 
"(C) attempted murder; 
"(D) armed robbery when armed with a firearm; 
"(E) aggravated battery or assault when armed with 
a firearm; 
"(F) criminal sexual penetration when armed with a 
firearm; and 
"(G) drive-by shootings as described in section 36 of 
title 18, United States Code.". 
SEC. 140005. AMENDMENT 
CONCERNING 
RECORDS 
OF 
CRIMES 
COMMITTED BY JUVENILES. 
Section 5038 of title 18, United States Code, is amended in 
subsection (f) by adding "or whenever a juvenille has been found 
guilty of committing an act after his 13th birthday which if commit-
ted by an adult would be an offense described in the second sentence 
of the fourth paragraph of section 5032 of this title," after "title 
21,". 
SEC. 140006. INCREASED PENALTIES FOR EMPLOYING CHILDREN TO 
DISTRIBUTE 
DRUGS NEAR 
SCHOOLS AND PLAY-
GROUNDS. 
Section 419 of the Controlled Substances Act (21 U.S.C. 860) 
is amended— 
(1) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; and 
(2) lay inserting sifter subsection (b) the following new sub-
section: 
"(c) Notwithstanding any other law, any person at least 21 
years of age who knowingly and intentionally— 
"(1) employs, hires, uses, persuades, induces, entices, or 
coerces a person under 18 years of age to violate this section; 
or 
"(2) employs, hires, uses, persuades, induces, entices, or 
coerces a person under 18 years of age to assist in avoiding 
detection or apprehension for any offense under this section 
by any Federal, State, or local law enforcement official, 
is punishable by a term of imprisonment, a fine, or both, up to 
triple those authorized by section 401.". 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2033 
SEC. 140007. INCREASED 
PENALTIES 
FOR TRAVEL ACT 
CRIMES 
INVOLVING VIOLENCE AND CONSPIRACY TO COMMIT 
CONTRACT KILLINGS. 
(a) TRAVEL ACT PENALTIES.—Section 1952(a) of title 18, United 
States Code, is amended by striking "and thereafter performs or 
attempts to perform any of the acts specified in subparagraphs 
(1), (2), and (3), shall be fined not more than $10,000 or imprisoned 
for not more than five years, or both." and inserting "and thereafter 
performs or attempts to perform— 
"(A) an act described in paragraph (1) or (3) shall be 
fined under this title, imprisoned not more than 5 years, or 
both; or 
"(B) an act described in paragraph (2) shall be fined under 
this title, imprisoned for not more than 20 years, or both, 
and if death results shall be imprisoned for any term of years 
or for life.". 
(b) MURDER CONSPIRACY PENALTIES.—Section 1958(a) of title 
18, United States Code, is amended by inserting "or who conspires 
to do so" before "shall be fined" the first place it appears. 
SEC. 140008. SOLICITATION OF MINOR TO COMMIT CRIME. 
28 USC 994 note. 
(a) DIRECTIVE TO SENTENCING COMMISSION.—(1) The United 
Guidelines. 
States Sentencing Commission shall promulgate guidelines or 
amend existing guidelines to provide that a defendant 21 years 
of age or older who has been convicted of an offense shall receive 
an appropriate sentence enhancement if the defendant involved 
a minor in the commission of the offense. 
(2) The Commission shall provide that the guideline enhance-
ment promulgated pursuant to paragraph (1) shall apply for any 
offense in relation to which the defendant has solicited, procured, 
recruited, counseled, encouraged, trained, directed, commanded, 
intimidated, or otherwise used or attempted to use any person 
less than 18 years of age with the intent that the minor would 
commit a Federal offense. 
(b) RELEVANT CONSIDERATIONS.—In implementing the directive 
in subsection (a), the Sentencing Commission shall consider— 
(1) the severity of the crime that the defendant intended 
the minor to commit; 
(2) the number of minors that the defendant used or 
attempted to use in relation to the offense; 
(3) the fact that involving a minor in a crime of violence 
is frequently of even greater seriousness than involving a minor 
in a drug trafficking offense, for which the guidelines already 
provide a two-level enhancement; and 
(4) the possible relevance of the proximity in age between 
the offender and the minor(s) involved in the offense. 
TITLE XV—CRIMINAL STREET GANGS 
SEC. 150001. CRIMINAL STREET GANGS. 
(a) IN GENERAL.—Part I of title 18, United States Code, is 
amended by inserting after chapter 25 the following new chapter: 
108 STAT. 2034 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"CHAPTER 26—CRIMINAL STREET GANGS 
"§ 521. Criminal street gangs 
"(a) DEFINITIONS.— 
"'conviction' includes a finding, under State or Federal 
law, that a person has committed an act of juvenile delinquency 
involving a violent or controlled substances felony. 
"'criminal street gang* means an ongoing group, club, 
organization, or association of 5 or more persons— 
"(A) that has as 1 of its primary purposes the commis-
sion of 1 or more of the criminal offenses described in 
subsection (c); 
"(B) the members of which engage, or have engaged 
within the past 5 years, in a continuing series of offenses 
described in subsection (c); and 
"(C) the activities of which affect interstate or foreign 
commerce. 
"(b) PENALTY.—^The sentence of a person convicted of an offense 
described in subsection (c) shall be increased by up to 10 years 
if the offense is committed under the circumstances described in 
subsection (d). 
"(c) OFFENSES.—^The offenses described in this section are— 
"(1) a Federal felony involving a controlled substance (as 
defined in section 102 of the Controlled Substances Act (21 
U.S.C. 802)) for which the maximum penalty is not less than 
5 years; 
"(2) a Federal felony crime of violence that has as an 
element the use or attempted use of physical force against 
the person of another; and 
"(3) a conspiracy to commit an offense described in para-
graph (1) or (2). 
"(d) CIRCUMSTANCES.—^The circumstances described in this sec-
tion are that the offense described in subsection (c) was committed 
by a person who— 
"(1) participates in a criminal street gang with knowledge 
that its members engage in or have engaged in a continuing 
series of offenses described in subsection (c); 
"(2) intends to promote or further the felonious activities 
of the criminal street gang or maintain or increase his or 
her position in the gang, and 
"(3) has been convicted within the past 5 years for— 
"(A) an offense described in subsection (c); 
"(B) a State offense— 
"(i) involving a controlled substance (as defined 
in section 102 of the Controlled Substances Act (21 
U.S.C. 802)) for which the maximum penalty is not 
less than 5 years' imprisonment; or 
"(ii) that is a felony crime of violence that has 
as an element the use or attempted use of physical 
force against the person of another; 
"(C) any Federal or State felony offense that by its 
nature involves a substantial risk that physical force 
against the person of another may be used in the course 
of committing the offense; or 
"(D) a conspiracy to commit an offense described in 
subparagraph (A), (B), or (C).". 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2035 
(b) TECHNICAL AMENDMENT.—The part analysis for part I of 
title 18, United States Code, is amended by inserting after the 
item relating to chapter 25 the following new item: 
"26. Criminal street gangs 
521". 
SEC. 150002. ADULT 
PROSECUTION 
OF 
SERIOUS 
JUVENILE 
OFFENDERS. 
Section 5032 of title 18, United States Code, is amended— 
(1) in the first undesignated paragraph by striking "922(p)" 
and inserting "924(b), (g), or (h)"; 
(2) in the fourth undesignated paragraph by inserting "or 
in section 924(b), (g), or (h) of this title," before "criminal 
prosecution" the first place it appears; and 
(3) in the fifth undesignated paragraph by adding at the 
end the following: "In considering the nature of the offense, 
as required by this paragraph, the court shall consider the 
extent to which the juvenile played a leadership role in an 
organization, or otherwise influenced other persons to take 
part in criminal activities, involving the use or distribution 
of controlled substances or firearms. Such a factor, if found 
to exist, shall weigh in favor of a transfer to adult status, 
but the absence of this factor shall not preclude such a trans-
fer.". 
SEC. 150003. ADDITION 
OF ANTI-GANG 
BYRNE GRANT 
FUNDING 
OBJECTIVE. 
Section 501(b) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3751(4)), as amended by section 
140004, is amended— 
(1) by striking "and" at the end of paragraph (22); 
(2) by striking the period at the end of paragraph (23) 
and inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
"(24) law enforcement and prevention programs relating 
to gangs, or to youth who are involved or at risk of involvement 
in gangs.". 
SEC. 150006. MENTORING PROGRAM. 
Section 288C of part G of title II of the Juvenile Justice and 
Delinquency Prevention Act of 1974 is amended to read as follows: 42 u s e 5667e-3. 
REGULATIONS AND GUIDELINES 
"SEC. 288C. (a) PROGRAM GUIDELINES.—The Administrator 
shsdl issue program guidelines to implement this part. The program 
guidelines shall be effective only after a period for public notice 
and comment. 
"(b) MODEL SCREENING GUIDELINES.—The Administrator shall 
develop and distribute to program participants specific model guide-
lines for the screening of prospective program mentors.". 
SEC. 150007. JUVENILE ANTI-DRUG AND ANTI-GANG GRANTS IN FED-
ERALLY ASSISTED LOW-INCOME HOUSING. 
Grants authorized in this Act to reduce or prevent juvenile 
drug and gang-related activity in "public housing" may be used 
for such purposes in federally assisted, low-income housing. 
42 use 14061. 
108 STAT. 2036 
PUBLIC LAW 103-322—SEPT. 13, 1994 
42 use 14062. 
SEC. 150008. GANG INVESTIGATION COORDINATION AND INFORMA-
TION COLLECTION. 
(a) COORDINATION.—The Attorney General (or the Attorney 
General's designee), in consultation with the Secretary of the Treas-
ury (or the Secretary's designee), shall develop a national strategy 
to coordinate gang-related investigations by Federal law enforce-
ment agencies. 
(b) DATA COLLECTION.—^The Director of the Federal Bureau 
of Investigation shall acquire and collect information on incidents 
of gang violence for inclusion in an annual uniform crime report. 
(c) REPORT.—^The Attorney General shall prepare a report on 
national gang violence outlining the strategy developed under sub-
section (a) to be submitted to the President and Congress by Janu-
^ 
ary 1, 1996. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $1,000,000 for fiscal 
year 1996. 
SEC. 150009. MULTIJURISDICTIONAL GANG TASK FORCES. 
Section 504(f) of title I of the Omnibus Crime Control and 
42 use 3754. 
Safe Streets Act of 1968 is amended by inserting "victims assistance 
programs, or multijurisdictional gang task forces" after "drug task 
forces". 
TITLE XVI—CHILD PORNOGRAPHY 
SEC. 160001. PENALTIES 
FOR INTERNATIONAL 
TRAFFICKING 
IN 
CHILD PORNOGRAPHY. 
(a) IMPORT RELATED OFFENSE.—Chapter 110 of title 18, United 
States Code, is amended by adding at the end the following new 
section: 
*'§ 2258. Production of sexually explicit depictions of a minor 
for importation into the United States 
"(a) USE OF MINOR.—A person who, outside the United States, 
employs, uses, persuades, induces, entices, or coerces any minor 
to engage in, or who has a minor assist any other person to 
engage in, or who transports any minor with the intent that the 
minor engage in any sexually explicit conduct for the purpose 
of producing any visual depiction of such conduct, intending that 
the visual depiction will be imported into the United States or 
into waters within 12 miles of the coast of the United States, 
shall be punished as provided in subsection (c). 
"(b) USE OF VISUAL DEPICTION.—^A person who, outside the 
United States, knowingly receives, transports, ships, distributes, 
sells, or possesses with intent to transport, ship, sell, or distribute 
any visual depiction of a minor engaging in sexually explicit conduct 
(if the production of the visual depiction involved the use of a 
minor engaging in sexually explicit conduct), intending that the 
visual depiction will be imported into the United States or into 
waters within a distance of 12 miles of the coast of the United 
States, shall be punished as provided in subsection (c). 
"(c) PENALTIES.—^A person who violates subsection (a) or (b), 
or conspires or attempts to do so— 
"(1) shall be fined under this title, imprisoned not more 
than 10 years, or both; and 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2037 
"(2) if the person has a prior conviction under this chapter 
or chapter 109A, shall be fined under this title, imprisoned 
not more than 20 years, or both,". 
(b) TECHNICAL AMENDMENT.— 
(1) CHAPTER ANALYSIS.—^The chapter analysis for chapter 
110 of title 18, United States Code, is amended by adding 
at the end the following new item: 
"2258. Production of sexually explicit depictions of a minor for importation into the 
United States.". 
(2) FINE PROVISIONS.—Section 2251(d) of title 18, United 
States Code, is amended— 
(A) by striking "not more than $100,000, or" and insert-
ing "under this title,"; 
(B) by striking "not more than $200,000, or" and insert-
ing "under this title,"; and 
(C) by striking "not more than $250,000" and inserting 
"under this title". 
(c) SECTION 2251 PENALTY ENHANCEMENT.—Section 2251(d) of 
title 18, United States Code, is amended by striking "this section" 
the second place it appears and inserting "this chapter or chapter 
109A". 
(d) SECTION 2252 PENALTY ENHANCEMENT.—Section 2252(bXl) 
of title 18, United States Code, is amended by striking "this section" 
and inserting "this chapter or chapter 109A". 
(e) CONSPIRACY AND ATTEMPT.—Sections 2251(d) and 2252(b) 
of title 18, United States Code, are each amended by inserting 
", or attempts or conspires to violate," after "violates" each place 
it appears. 
(f) RICO AMENDMENT.—Section 1961(1) of title 18, United States 
Code, is amended by striking "2251-2252" and inserting "2251, 
225lA, 2252, and 2258". 
(g) TRANSPORTATION OF MINORS.—Section 2423 of title 18, 
United States Code, is amended— 
(1) by striking "(a) Whoever" and inserting "(a) TRANSPOR-
TATION WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIV-
ITY.—A person who"; 
and 
(2) by adding at the end the following new subsection: 
"(b) TRAVEL WITH INTENT TO ENGAGE IN SEXUAL ACT WITH 
A JUVENILE.—^A person who travels in interstate commerce, or 
conspires to do so, or a United States citizen or an alien admitted 
for permanent residence in the United States who travels in foreign 
commerce, or conspires to do so, for the purpose of engaging in 
any sexusd act (as defined in section 2245) with a person under 
18 years of age that would be in violation of chapter 109A if 
the sexual act occurred in the special maritime and territorial 
jurisdiction of the United States shall be fined under this title, 
imprisoned not more than 10 years, or both.". 
SEC. 160002. SENSE OF CONGRESS CONCERNING STATE LEGISLATION 
REGARDING CHILD PORNOGRAPHY. 
It is the sense of the Congress that each State that has not 
yet done so should enact legislation prohibiting the production, 
distribution, receipt, or simple possession of materials depicting 
a person under 18 years of age engaging in sexually explicit conduct 
(as defined in section 2256 of title 18, United States Code) and 
providing for a maximum imprisonment of at least 1 year and 
108 STAT. 2038 
PUBLIC LAW 103-322—SEPT. 13, 1994 
for the forfeiture of assets used in the commission or support 
of, or gained from, such offenses. 
18 use 2252 
SEC. 160003. CONFIRMATION OF INTENT OF CONGRESS IN ENACTING 
note. 
SECTIONS 2252 AND 2256 OF TITLE 18, UNITED STATES 
CODE. 
(a) DECLARATION.—^The Congress declares that in enacting sec-
tions 2252 and 2256 of title 18, United States Code, it was and 
is the intent of Congress that— 
(1) the scope of "exhibition of the genitals or pubic area" 
in section 2256(2)(E), in the definition of "sexually explicit 
conduct", is not limited to nude exhibitions or exhibitions in 
which the outlines of those areas were discernible through 
clothing; and 
(2) the requirements in section 2252(a) (1)(A), (2)(A), 
(3)(BXi), and (4)(B)(i) that the production of a visual depiction 
involve the use of a minor engaging in "sexually explicit con-
duct" of the kind described in section 2256(2)(E) are satisfied 
if a person photographs a minor in such a way as to exhibit 
the child in a lascivious manner. 
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress 
that in filing its brief in United States v. Knox, No. 92-1183, 
and thereby depriving the United States Supreme Court of the 
adverseness necessary for full and fair presentation of the issues 
arising in the case, the Department of Justice did not accurately 
reflect the intent of Congress in arguing that "the videotapes in 
[the Knox case] constitute 'lascivious exhibition[s] of the genitals 
or pubic area' only if those body parts are visible in the tapes 
and the minors posed or acted lasciviously.". 
TITLE XVII—CRIMES AGAINST 
CHILDREN 
Subtitle 
A—Jacob 
Wetterling 
Crimes 
Against Children and Sexually Violent 
Offender Registration Act 
42 use 14071. 
SEC. 170101. ESTABUSHMENT OF PROGRAM. 
(a) IN GENERAL.— 
(1) STATE GUIDELINES.—The Attorney General shall estab-
lish guidelines for State progrsims that require— 
(A) a person who is convicted of a criminal offense 
against a victim who is a minor or who is convicted of 
a sexually violent offense to register a current address 
with a designated State law enforcement agency for the 
time period specified in subparagraph (A) of subsection 
(b)(6); and 
(B) a person who is a sexusdly violent predator to 
register a current address with a designated State law 
enforcement agency unless such requirement is terminated 
under subparagraph (B) of subsection (bX6). 
(2) COURT DETERMINATION.—^A determination that a person 
is a sexually violent predator and a determination that a person 
is no longer a sexually violent predator shall be made by 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2039 
the sentencing court after receiving a report by a State board 
composed of experts in the field of the behavior and treatment 
of sexual offenders. 
(3) DEFINITIONS.—For purposes of this section: 
(A) The term "criminal offense against a victim who 
is a minor" means any criminal offense that consists of— 
(i) kidnapping of a minor, except by a parent; 
(ii) false imprisonment of a minor, except by a 
pEirent; 
(iii) criminal sexual conduct toward a minor; 
(iv) solicitation of a minor to engage in sexual 
conduct; 
(v) use of a minor in a sexual performance; 
(vi) solicitation of a minor to practice prostitution; 
(vii) any conduct that by its nature is a sexual 
offense against a minor; or 
Bv 
(viii) an attempt to commit an offense described 
in any of clauses (i) through (vii), if the State— 
(I) msikes such an attempt a criminal offense; 
and 
(II) chooses to include such an offense in those 
which are criminal offenses against a victim who 
is a minor for the purposes of this section. 
For purposes of this subparagraph conduct which is crimi-
nal only because of the age of the victim shall not be 
considered a criminal offense if the perpetrator is 18 years 
of age or younger. 
(B) The term "sexually violent offense" means any 
criminal offense that consists of aggravated sexual abuse 
or sexual abuse (as described in sections 2241 and 2242 
of title 18, United States Code, or as described in the 
State criminal code) or an offense that has as its elements 
engaging in physical contact with another person with 
intent to commit aggravated sexual abuse or sexual abuse 
(as described in such sections of title 18, United States 
Code, or as described in the State criminal code). 
(C) The term "sexually violent predator" means a per-
son who has been convicted of a sexually violent offense 
and who suffers from a mental abnormality or personality 
disorder that makes the person likely to engage in preda-
tory sexually violent offenses. 
(D) The term "mental abnormality" means a congenital 
or acquired condition of a person that affects the emotional 
or volitional capacity of the person in a manner that pre-
disposes that person to the commission of criminal sexual 
acts to a degree that makes the person a menace to the 
health and safety of other persons. 
(E) The term "predatory" means an act directed at 
a stranger, or a person with whom a relationship has 
been established or promoted for the primary purpose of 
victimization. 
(b) 
REGISTRATION REQUIREMENT UPON 
RELEASE, PAROLE, 
SUPERVISED RELEASE, OR PROBATION.—An approved State registra-
tion program established under this section shall contain the follow-
ing elements: 
(1) DUTY OF STATE PRISON OFFICIAL OR COURT.— 
108 STAT. 2040 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(A) If a person who is required to register under this 
section is released from prison, or placed on parole, super-
vised release, or probation, a State prison officer, or in 
the case of probation, the court, shall— 
(i) inform the person of the duty to register and 
obtain the information required for such registration; 
(ii) inform the person that if the person changes 
residence address, the person shall give the new 
address to a designated State law enforcement agency 
in writing within 10 days; 
(iii) inform the person that if the person changes 
residence to another State, the person shall register 
the new address with the law enforcement agency with 
whom the person last registered, and the person is 
also required to register with a designated law enforce-
ment agency in the new State not later than 10 days 
after establishing residence in the new State, if the 
new State has a registration requirement; 
(iv) obtain fingerprints and a photograph of the 
person if these have not already been obtained in 
connection with the offense that triggers registration; 
and 
(v) require the person to read and sign a form 
stating that the duty of the person to register under 
this section has been explained. 
(B) In addition to the requirements of subparagraph 
(A), for a person required to register under subparagraph 
(B) of subsection (aXD, the State prison officer or the 
court, as the case may be, shall obtain the name of the 
person, identif3dng factors, anticipated future residence, 
offense history, and documentation of any treatment 
received for the mental abnormality or personality disorder 
of the person. 
(2) TRANSFER OF INFORMATION TO STATE AND THE FBL— 
The officer, or in the case of a person placed on probation, 
the court, shall, within 3 days after receipt of information 
described in paragraph (1), forward it to a designated State 
law enforcement agency. The State law enforcement agency 
shall immediately enter the information into the appropriate 
State law enforcement record system and notify the appropriate 
law enforcement agency having jurisdiction where the person 
expects to reside. The State law enforcement agency shall also 
immediately transmit the conviction data and fingerprints to 
the Federal Bureau of Investigation. 
(3) VERIFICATION.— 
(A) For a person required to register under subpara-
graph (A) of subsection (a)(1), on each anniversary of the 
person's initial registration date during the period in which 
the person is required to register under this section the 
following applies: 
(i) The designated State law enforcement agency 
shall mail a nonforwardable verification form to the 
« last reported address of the person. 
(ii) The person shall mail the verification form 
to the designated State law enforcement agency within 
10 days after receipt of the form. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2041 
(iii) The verification form shall be signed by the 
person, and state that the person still resides at the 
address last reported to the designated State law 
enforcement agency. 
(iv) If the person fails to mail the verification 
form to the designated State law enforcement agency 
within 10 days after receipt of the form, the person 
shall be in violation of this section unless the person 
proves that the person has not changed the residence 
address. 
(B) The provisions of subparagraph (A) shall be applied 
to a person required to register under subparagraph (B) 
of subsection (a)(1), except that such person must verify 
the registration every 90 days after the date of the initial 
release or commencement of parole. 
(4) NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES 
OF CHANGES IN ADDRESS.—A change of address by a person 
required to register under this section reported to the des-
ignated State law enforcement agency shall be immediately 
reported to the appropriate law enforcement agency having 
jurisdiction where the person is residing. The designated law 
enforcement agency shall, if the person changes residence to 
another State, notify the law enforcement agency with which 
the person must register in the new State, if the new State 
has a re^stration requirement. 
(5) REGISTRATION FOR CHANGE OF ADDRESS TO ANOTHER 
STATE.—^A person who has been convicted of an offense which 
requires registration under this section shsdl register the new 
address with a designated law enforcement agency in another 
State to which the person moves not later than 10 days after 
such person establishes residence in the new State, if the 
new State has a registration requirement. 
(6) LENGTH OF REGISTRATION.— 
(A) A person required to register under subparagraph 
(A) of subsection (a)(1) shall continue to comply with this 
section until 10 years have elapsed since the person was 
released from prison, placed on parole, supervised release, 
or probation. 
(B) The requirement of a person to register under 
subparagraph (B) of subsection (aXD shall terminate upon 
a determination, made in accordsmce with paragraph (2) 
of subsection (a), that the person no longer suffers from 
a mental abnormality or personality disorder that would 
make the person likely to engage in a predatory sexually 
violent offense. 
(c) PENALTY.—A person required to register under a State pro-
gram established pursuant to this section who knowingly fails to 
so register and keep such registration current shall be subject 
to criminal penalties in any State in which the person has so 
failed. 
(d) RELEASE OF INFORMATION.—^The information collected under Privacy, 
a State registration program shall be treated as private data expect 
that— 
(1) such information may be disclosed to law enforcement 
agencies for law enforcement purposes; 
(2) such information may be disclosed to government agen-
cies conducting confidential background checks; and 
79-194 O—95—10: QL 3 Part 3 
108 STAT. 2042 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(3) the designated State law enforcement agency and any 
local law enforcement agency authorized by the State agency 
may release relevant information that is necessary to protect 
the public concerning a specific person required to register 
under this section, except that the identity of a victim of an 
offense that requires registration under this section shall not 
be released. 
(e) IMMUNITY FOR GOOD FAITH CONDUCT.—Law enforcement 
agencies, employees of law enforcement agencies, and State officials 
shall be immune from liability for good faith conduct under this 
section. 
(f) COMPLIANCE.— 
(1) COMPLIANCE DATE.—Each State shall have not more 
than 3 years from the date of enactment of this Act in which 
to implement this section, except that the Attorney General 
may grant an additional 2 years to a State that is making 
good faith efforts to implement this section. 
(2) INELIGIBILITY FOR FUNDS.— 
(A) A State that fails to implement the program as 
described in this section shall not receive 10 percent of 
the funds that would otherwise be allocated to the State 
under section 506 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3765). 
(B) REALLOCATION OF FUNDS.—Any funds that are not 
allocated for failure to comply with this section shall be 
reallocated to States that comply with this section. 
Subtitle B—Assaults Against Children 
SEC. 170201. ASSAULTS AGAINST CHILDREN. 
(a) SIMPLE ASSAULT.—Section 113(e) of title 18, United States 
Code, is amended by inserting ", or if the victim of the assault 
is an individual who has not attained the age of 16 years, by 
fine under this title or imprisonment for not more than 1 year, 
or both" before the period. 
(b) ASSAULTS RESULTING IN SUBSTANTIAL BODILY INJURY.— 
Section 113 of title 18, United States Code, is amended by adding 
at the end the following: 
"(7) Assault resulting in substantial bodily injury to an 
individual who has not attained the age of 16 years, by fine 
under this title or imprisonment for not more than 5 years, 
or both.". 
(c) TECHNICAL AND STYLISTIC CHANGES TO SECTION 113.—Sec-
tion 113 of title 18, United States Code, is amended— 
(1) in paragraph (b), by striking "of not more than $3,000" 
and inserting "under this title"; 
(2) in paragraph (c), by striking "of not more than $1,000" 
and inserting "under this title"; 
(3) in paragraph (d), by striking "of not more than $500" 
and inserting "under this title"; 
(4) by modifying the left margin of each of paragraphs 
(a) through (f) so that they are indented 2 ems; 
(5) by redesignating paragraphs (a) through (f) as para-
graphs (1) through (6); and 
(6) by inserting "(a)" before "Whoever". 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2043 
(d) DEFINITIONS.—Section 113 of title 18, United States Code, 
is amended by adding at the end the following: 
"(b) As used in this subsection— 
"(1) the term 'substantial bodily injury means bodily injury 
which involves— 
"(A) a temporary but substantial disfigurement; or 
"(B) a temporary but substantial loss or impairment 
of the function of any bodily member, organ, or mental 
faculty; and 
"(2) the term 'serious bodily injury* has the meaning given 
that term in section 1365 of this title.". 
(e) ASSAULTS IN INDIAN COUNTRY.—Section 1153(a) of title 18, 
United States Code, is amended by inserting "(as defined in section 
1365 of this title), an assault against an individual who has not 
attained the age of 16 years" sifter "serious bodily injury". 
Subtitle C—^Missing and Exploited 
V 
Children 
SEC. 170301. SHORT TITLE. 
This subtitle may be cited as the "Morgan P. Hardiman Task 
Force on Missing and Exploited Children Act". 
SEC. 170302. PURPOSE. 
The purpose of this subtitle is to establish a task force com-
prised of law enforcement officers from pertinent Federal agencies 
to work with the National Center for Missing and Exploited Chil-
dren (referred to as the "Center") and coordinate the provision 
of Federal law enforcement resources to assist State and local 
authorities in investigating the most difficult cases of missing and 
exploited children. 
SEC. 170303. ESTABLISHMENT OF TASK FORCE. 
Title IV of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5771 et seq.) is amended— 
(1) by redesignating sections 407 and 408 as sections 408 
and 409, respectively; and 
(2) by inserting after section 406 the following new section: 
"TASK FORCE 
Morgan P. 
Hardiman Task 
Force on Missing 
and Exploited 
Children Act. 
42 u s e 5601 
note. 
42 u s e 5776a 
note. 
42 u s e 5777, 
5778. 
" S E C 407. (a) ESTABLISHMENT.—There is established a Missing 42 use 5776a. 
and Exploited Children's Task Force (referred to as the 'Task 
Force"). 
"(b) MEMBERSHIP.— 
"(1) IN GENERAL.^The Task Force shall include at least 
2 members from each of— 
"(A) the Federal Bureau of Investigation; 
"(B) the Secret Service; 
"(C) the Bureau of Alcohol, Tobacco and Firearms; 
"(D) the United States Customs Service; 
"(E) the Postal Inspection Service; 
"(F) the United States Marshals Service; and 
"(G) the Drug Enforcement Administration. 
"(2) CHIEF.—A representative of the Federal Bureau of 
Investigation (in addition to the members of the Task Force 
108 STAT. 2044 
PUBLIC LAW 103-322—SEPT. 13, 1994 
selected under paragraph (1)(A)) shall act as chief of the Task 
Force. 
"(3) SELECTION.—(A) The Director of the Federal Bureau 
of Investigation shall select the chief of the Task Force. 
"(B) The heads of the agencies described in paragraph 
(1) shall submit to the chief of the Task Force a list of at 
least 5 prospective Task Force members, and the chief shall 
select 2, or such greater number as may be agreeable to an 
agency head, as Task Force members. 
"(4) PROFESSIONAL QUALIFICATIONS.—The members of 
the 
Task Force shall be law enforcement personnel selected for 
their expertise that would enable them to assist in the inves-
tigation of cases of missing and exploited children. 
"(5) STATUS.—^A member of the Task Force shall remain 
an employee of his or her respective agency for all purposes 
(including the purpose of performance review), and his or her 
service on the Task Force shall be without interruption or 
loss of civil service privilege or status gmd shall be on a 
nonreimbursable basis. 
"(6) PERIOD OF SERVICE.—(A) Subject to subparagraph (B), 
1 member from each agency shall initially serve a 1-year term, 
and the other member from the same agency shall serve a 
1-year term, and may be selected to a renewal of service for 
1 additional year; thereafter, each new member to serve on 
the Task Force shall serve for a 2-ye2ir period with the member's 
term of service beginning and ending in alternate years with 
the other member from the same agency; the period of service 
for the chief of the Task Force shall be 3 years. 
"(B) The chief of the Task Force may at any time request 
the head of an agency described in paragraph (1) to submit 
a list of 5 prospective Task Force members to replace a member 
of the Task Force, for the purpose of maintaining a Task 
Force membership that will be able to meet the demands of 
its caseload. 
"(c) SUPPORT.— 
"(1) IN GENERAL.—The Administrator of the General Serv-
ices Administration, in coordination with the heads of the agen-
cies described in subsection (b)(1), shall provide the Task Force 
office space and administrative and support services, such office 
space to be in close proximity to the office of the Center, 
so as to enable the Task Force to coordinate its activities 
with that of the Center on a day-to-day basis. 
"(2) LEGAL GUIDANCE.—The Attorney General shall assign 
an attorney to provide legal guidance, as needed, to members 
ofthe Task Force. 
"(d) PURPOSE.— 
"(1) IN GENERAL.^The purpose of the Task Force shall 
be to make available the combined resources and expertise 
of the agencies described in paragraph (1) to assist State and 
local governments in the most difficult missing and exploited 
child cases nationwide, as identified by the chief of the Task 
Force from time to time, in consultation with the Center, and 
as many additional cases as resources permit, including the 
provision of assistance to State and local investigators on loca-
tion in the field. 
"(2) TECHNICAL ASSISTANCE.—The role of the Task Force 
in any investigation shall be to provide advice and technicsd 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2045 
assistance and to make available the resources of the agencies 
described in subsection (b)(1); the Task Force shall not take 
a leadership role in any such investigation. 
"(e) CROSS-DESIGNATION OF TASK FORCE MEMBERS.—The Attor-
ney General may cross-designate the members of the Task Force 
with jurisdiction to enforce Federal law related to child abduction 
to the extent necessary to accomplish the purposes of this section.". 
TITLE XVIII—RURAL CRIME 
Subtitle A—Drug Trafficking in Rural 
Areas 
SEC. 180101. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGEN-
CIES. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(9) of 
title I of the Omnibus Crime Control and Safe Streets Act of 
1968 is amended to read as follows: 
42 use 3793. 
"(9) There are authorized to be appropriated to carry out part 
O— 
"(A) $24,000,000 for fiscal year 1996; 
"(B) $40,000,000 for fiscal year 1997; 
"(C) $50,000,000 for fiscal year 1998; 
"(D) $60,000,000 for fiscal year 1999; and 
"(E) $66,000,000 for fiscal year 2000.". 
(b) AMENDMENT TO BASE ALLOCATION.—Section 1501(a)(2)(A) 
of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 is amended by striking "$100,000" and inserting "$250,000". 42 use 3796bb. 
(c) CLARIFICATION.—Section 1501(b) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. §3796bb(b)) 
is amended by inserting ", based on the decennial census of 1990 
through fiscal year 1997" before the period. 
SEC. 180102. RURAL CRIME AND DRUG ENFORCEMENT TASK FORCES. 
42 USC 14081. 
(a) ESTABLISHMENT.—^The Attorney Greneral, in consultation 
with the Governors, mayors, and chief executive officers of State 
and local law enforcement agencies, may establish a Rural Crime 
and Drug Enforcement Task Force in judicial districts that encom-
pass significant rural lands. Assets seized as a result of investiga-
tions initiated by a Rural Crime and Drug Enforcement Task Force 
and forfeited under Federal law shall be used, consistent with 
the guidelines on equitable sharing established by the Attorney 
General and of the Secretary of the Treasury, primarily to enhance 
the operations of the task force and its participating State and 
local law enforcement agencies. 
(b) TASK FORCE MEMBERSHIP.—The Task Forces established 
under subsection (a) shall be carried out under policies and proce-
dures established by the Attorney Greneral. The Attorney Greneral 
may deputize State and local law enforcement officers and may 
cross-designate up to 100 Federal law enforcement officers, when 
necessary to undertake investigations pursuant to section 503(a) 
of the Controlled Substances Act (21 U.S.C. 873(a)) or offenses 
punishable by a term of imprisonment of 10 years or more under 
title 18, United States Code. The task forces— 
(1) shall include representatives from— 
108 STAT. 2046 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(A) State and local law enforcement agencies; 
(B) the office of the United States Attorney for the 
judicial district; and 
(C) the Federal Bureau of Investigation, the Drug 
Enforcement Administration, the Immigration and Natu-
ralization Service, and the United States Marshals Service; 
and 
(2) may include representatives of other Federal law 
enforcement agencies, such as the United States Customs Serv-
ice, United States Park Police, United States Forest Service, 
Bureau of Alcohol, Tobacco, and Firearms, and Bureau of Land 
Management. 
42 use 14082. 
SEC. 180103. RURAL DRUG ENFORCEMENT TRAINING. 
(a) SPECIALIZED TRAINING FOR RURAL OFFICERS.—The Director 
of the Federal Law Enforcement Training Center shall develop 
a specialized course of instruction devoted to training law enforce-
ment officers from rural agencies in the investigation of drug 
trafficking and related crimes. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out subsection (a)— 
(1) $1,000,000 for fiscal year 1996; 
(2) $1,000,000 for fiscal year 1997; 
(3) $1,000,000 for fiscal year 1998; 
(4) $1,000,000 for fiscal year 1999; and 
(5) $1,000,000 for fiscal year 2000. 
Appropriation 
SEC. 180104. MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINIS-
authorization. 
TRATTOV 
42 use 14083. 
IKAllON. 
There are authorized to be appropriated for the hiring of addi-
tional Drug Enforcement Administration agents— 
(1) $12,000,000 for fiscal year 1996; 
(2) $20,000,000 for fiscal year 1997; 
(3) $30,000,000 for fiscal year 1998; 
(4) $40,000,000 for fiscal year 1999; and 
(5) $48,000,000 for fiscal year 2000. 
Subtitle B—Drug Free Truck Stops and 
Safety Rest Areas 
Drug Free Truck 
SEC. 180201. DRUG FREE TRUCK STOPS AND SAFETY REST AREAS. 
2l°USC 801 note 
(^i) SHORT TiTLE.—^This section may be cited as the "Drug 
Free Truck Stop Act". 
(b) AMENDMENT TO CONTROLLED SUBSTANCES ACT.— 
(1) IN GENERAL.—Part D of the Controlled Substances Act 
(21 U.S.C. 801 et seq.) is amended by inserting after section 
408 the following new section: 
"TRANSPORTATION 
SAFETY 
OFFENSES 
21 use 849. 
«SEC. 409. (a) DEFINITIONS.—In this section— 
"'safety rest area' means a roadside facility with parking 
facilities for the rest or other needs of motorists. 
"'truck stop' means a facility (including any parking lot 
appurtenant thereto) that— 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2047 
"(A) has the capacity to provide fuel or service, or 
«r 
both, to any commercial motor vehicle (as defined in section 
31301 of title 49, United States Code), operating in com-
merce (as defined in that section); and 
"(B) is located within 2,500 feet of the National System 
of Interstate and Defense Highways or the Federal-Aid 
Primary System. 
"(b) FIRST OFFENSE.—^A person who violates section 401(a)(1) 
or section 416 by distributing or possessing with intent to distribute 
a controlled substance in or on, or within 1,000 feet of, a truck 
stop or safety rest area is (except as provided in subsection (b)) 
subject to— 
"(1) twice the maximum punishment authorized by section 
401(b); and 
"(2) twice any term of supervised release authorized by 
section 401(b) for a first offense. 
"(c) SUBSEQUENT OFFENSE.—A person who violates section 
401(a)(1) or section 416 by distributing or possessing with intent 
to distribute a controlled substance in or on, or within 1,000 feet 
of, a truck stop or a safety rest area after a prior conviction 
or convictions under subsection (a) have become final is subject 
to— 
"(1) 3 times the maximum punishment authorized by sec-
tion 401(b); and 
"(2) 3 times any term of supervised release authorized 
by section 401(b) for a first offense.". 
(2) TECHNICAL AMENDMENTS.— 
(A) CROSS REFERENCE.—Section 401(b) of the Con-
trolled Substances Act (21 U.S.C. 841(b)) is amended by 
inserting "409," before "418," each place it appears. 
(B) TABLE OF CONTENTS.—^The table of contents of the 
Comprehensive Drug Abuse Prevention and Control Act 
of 1970 is amended by striking the item relating to section 
409 and inserting the following new item: 
"Sec. 409. Transportation safety offenses.". 
(c) SENTENCING GUIDELINES.—Pursuant to its authority under 28 use 994 note, 
section 994 of title 28, United States Code, and section 21 of 
the Sentencing Act of 1987 (28 U.S.C. 994 note), the United States 
Sentencing Commission shall promulgate guidelines, or shall amend 
existing guidelines, to provide an appropriate enhancement of 
punishment for a defendant convicted of violating section 409 of 
the Controlled Substances Act, as added by subsection (b). 
Subtitle C—Sense of Congress Regarding 
Funding for Rural Areas 
SEC. 180301. FUNDING FOR RURAL AREAS. 
It is the sense of Congress that— 
(1) the Attorney Greneral should ensure that funding for 
programs authorized by the provisions of this Act and amend-
ments made by this Act is distributed in such a manner that 
rural areas continue to receive comparable support for their 
broad-based crime fighting initiatives; 
108 STAT. 2048 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(2) rural communities should not receive less funding than 
they received in fiscal year 1994 for anti-crime initiatives as 
a result of any legislative or administrative actions; and 
(3) to the maximum extent possible, funding for the Edward 
Byrne Memorial State and Local Law Enforcement Assistance 
Program should be maintained at its fiscal year 1994 level. 
TITLE XIX—FEDERAL LAW 
ENFORCEMENT 
SEC. 190001. FEDERAL JUDICIARY AND FEDERAL LAW ENFORCEMENT. 
(a) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE 
FEDERAL JUDICIARY.— 
FEDERAL JUDICIARY.—^There are authorized to be appro-
priated for the activities of the Federal Judiciary to help meet 
the increased demands for judicial activities, including super-
vised release, pre-trial and probation services, that will result 
from enactment into law of this Act— 
(A) $30,000,000 for fiscal year 1996; 
(B) $35,000,000 for fiscal year 1997; 
(C) $40,000,000 for fiscal year 1998; 
(D) $40,000,000 for fiscal year 1999; and 
(E) $55,000,000 for fiscal year 2000. 
(b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE 
DEPARTMENT OF JUSTICE.—^There is authorized to be appropriated 
for the activities and agencies of the Department of Justice, in 
addition to sums authorized elsewhere in this section, to help meet 
the increased demands for Department of Justice activities that 
will result from enactment into law of this Act— 
(A) $40,000,000 for fiscal year 1996; 
(B) $40,000,000 for fiscal year 1997; 
(C) $40,000,000 for fiscal year 1998; 
(D) $40,000,000 for fiscal year 1999; and 
(E) $39,000,000 for fiscal year 2000. 
(c) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE 
FEDERAL BUREAU OF INVESTIGATION.—There is authorized to be 
appropriated for the activities of the Federal Bureau of Investiga-
tion, to help meet the increased demands for Federal Bureau of 
Investigation activities that will result from enactment into law 
of this Act— 
(A) $35,000,000 for fiscal year 1996; 
(B) $40,000,000 for fiscal year 1997; 
(C) $50,000,000 for fiscal year 1998; 
(D) $60,000,000 for fiscal year 1999; and 
(E) $60,000,000 for fiscal year 2000. 
(d) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR UNITED 
STATES ATTORNEYS.—^There is authorized to be appropriated for 
the account Department of Justice, Legal Activities, "Salaries and 
expenses. United States Attomevs", to help meet the increased 
demands for litigation and related activities which will result from 
enactment into law of this Act— 
(A) $5,000,000 for fiscal year 1996; 
(B) $8,000,000 for fiscal year 1997; 
(C) $10,000,000 for fiscal year 1998; 
(D) $12,000,000 for fiscal year 1999; and 
(E) $15,000,000 for fiscal year 2000. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2049 
(e) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE 
DEPARTMENT OF THE TREASURY.—^There is authorized to be appro-
priated for the activities of the Bureau of Alcohol, Tobacco, and 
Firearms, the United States Customs Service, the Financial Crimes 
Enforcement Network, the Federal Law Enforcement Training Cen-
ter, the Criminal Investigation Division of the Internal Revenue 
Service, and the United States Secret Service to help meet the 
incresised demands for Department of the Treasury activities that 
will result from enactment into law of this Act— 
(A) $30,000,000 for fiscal year 1995; 
(B) $70,000,000 for fiscal year 1996; 
(C) $90,000,000 for fiscal year 1997; 
(D) $110,000,000 for fiscal year 1998; 
(E) $125,000,000 for fiscal year 1999; and 
(F) $125,000,000 for fiscal year 2000. 
TITLE XX—POLICE CORPS AND LAW EN-
FORCEMENT 
OFFICERS 
TRAINING 
AND EDUCATION 
Subtitle A—^Police Corps 
SEC. 200101. SHORT TITLE. 
This subtitle may be cited as the "Police Corps Act". 
SEC. 200102. PURPOSES. 
The purposes of this subtitle are to— 
(1) address violent crime by increasing the number of police 
with advanced education and training on community patrol; 
and 
(2) provide educational assistance to law enforcement 
personnel and to students who possess a sincere interest in 
public service in the form of law enforcement. 
SEC. 200103. DEFINITIONS. 
In this subtitle— 
"academic year" means a traditional academic year begin-
ning in August or September and ending in the following May 
or June. 
"dependent child" means a natural or adopted child or 
stepchild of a law enforcement officer who at the time of the 
officer's death— 
(A) was no more than 21 years old; or 
(B) if older than 21 years, was in fact dependent on 
the child's parents for at least one-half of the child's support 
(excluding educational expenses), as determined by the 
Director. 
"Director" means the Director of the Office of the Police 
Corps and Law Enforcement Education appointed under section 
200104. 
"educational expenses" means expenses that are directly 
attributable to— 
(A) a course of education leading to the award of the 
baccalaureate degree in legal- or criminal justice-related 
studies; or 
Police Corps Act. 
42 u s e 13701 
note. 
42 u s e 14091. 
42 use 14092. 
108 STAT. 2050 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(B) a course of graduate study legal or criminal justice 
studies following award of a baccalaureate degree, 
including the cost of tuition, fees, books, supplies, transpor-
tation, room and board and miscellaneous expenses. 
"institution of higher education" has the meaning stated 
in the first sentence of section 1201(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1141(a)). 
"participant" means a participant in the Police Corps pro-
gram selected pursuant to section 200106. 
"State" means a State of the United States, the District 
of Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands, American Samoa, Guam, and the Commonwealth of 
the Northern Mariana Islands. 
"State Police Corps program" means a State police corps 
program that meets the requirements of section 200110. 
42 use 14093. 
SEC. 200104. ESTABUSHMENT OF OFFICE OF THE POUCE CORPS AND 
LAW ENFORCEMENT EDUCATION. 
There is established in the Department of Justice, under the 
general authority of the Attorney General, an Office of the Police 
Corps and Law Enforcement Education. 
42 use 14094. 
SEC. 200105. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF 
STATE PLAN. 
(a) LEAD AGENCY.—^A State that desires to participate in the 
Police Corps program under this subtitle shall designate a lead 
agency that will be responsible for— 
(1) submitting to the Director a State plan described in 
subsection (b); and 
(2) administering the program in the State. 
(b) STATE PLANS.—A State plan shall— 
(1) contain assurances that the lead agency shall work 
in cooperation with the local law enforcement 
liaisons, 
representatives of police labor organizations and police manage-
ment org£inizations, and other appropriate State and local agen-
cies to develop and implement interagency agreements designed 
to carry out the program; 
(2) contain assurances that the State shall advertise the 
assistance available under this subtitle; 
(3) contain assurances that the State shall screen and 
select law enforcement personnel for participation in the pro-
gram; and 
(4) meet the requirements of section 200110, 
42 use 14095. 
SEC. 200106. SCHOLARSHIP ASSISTANCE. 
(a) SCHOLARSHIPS AUTHORIZED.—(1) The Director may award 
scholarships to participants who agree to work in a State or local 
police force in accordance with agreements entered into pursuant 
to subsection (d). 
(2)(A) Except as provided in subparagraph (B), each scholarship 
payment made under this section for each academic year shall 
not exceed— 
(i) $7,500; or 
(ii) the cost of the educational expenses related to attending 
an institution of higher education. 
(B) In the case of a psirticipant who is pursuing a course 
of educational study during substantially an entire calendar year. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2051 
the amount of scholarship pajrtnents made during such year shall 
not exceed $10,000. 
(C) The total amount of scholarship assistance received by 
any one student under this section shall not exceed $30,000. 
(3) Recipients of scholarship assistance under this section shall 
continue to receive such scholarship payments only during such 
periods as the Director finds that the recipient is maintaining 
satisfactory progress as determined by the institution of higher 
education the recipient is attending. 
(4)(A) The Director shall make scholarship payments under 
this section directly to the institution of higher education that 
the student is attending. 
(B) Each institution of higher education receiving a payment 
on behalf of a participant pursuant to subparagraph (A) shall remit 
to such student any funds in excess of the costs of tuition, fees, 
and room and board payable to the institution. 
(b) REIMBURSEMENT AUTHORIZED.—(1) The Director may make 
pajnnents to a participant to reimburse such participant for the 
costs of educational expenses if the student agrees to work in 
a State or local police force in accordance with the agreement 
entered into pursuant to subsection (d). 
(2)(A) Each payment made pursuant to paragraph (1) for each 
academic year of study shall not exceed— 
(i) $7,500; or 
(ii) the cost of educational expenses related to attending 
an institution of higher education. 
(B) In the case of a participant who is pursuing a course 
of educational study during substantially an entire calendar year, 
the amount of scholarship pa3nnents made during such year shall 
not exceed $10,000. 
(C) The total amount of pajnnents made pursuant to subpara-
graph (A) to any 1 student shall not exceed $30,000. 
(c) USE OF SCHOLARSHIP.—Scholarships awarded under this 
subsection shall only be used to attend a 4-year institution of 
higher education, except that— 
(1) scholarships may be used for graduate and professional 
study; and 
(2) if a participant has enrolled in the program upon or 
after transfer to a 4-year institution of higher education, the 
Director may reimburse the participant for the participant's 
prior educational expenses. 
(d) AGREEMENT.—(1)(A) Each participant receiving a scholar-
ship or a pajmtient under this section shall enter into an agreement 
with the Director. 
(B) An agreement under subparagraph (A) shall contain assur-
ances that the participant shall— 
(i) after successful completion of a baccalaureate program 
and training as prescribed in section 200108, work for 4 years 
in a State or local police force without there having arisen 
sufficient cause for the participant's dismissal under the rules 
applicable to members of the police force of which the partici-
pant is a member; 
(ii) complete satisfactorily— 
(I) an educational course of study and receipt of a 
baccalaureate degree (in the case of undergraduate study) 
or the reward of credit to the participant for having com-
108 STAT. 2052 
PUBLIC LAW 103-322—SEPT. 13, 1994 
pleted one or more graduate courses (in the case of graduate 
study); and 
(II) Police Corps training and certification by the Direc-
tor that the participant has met such performance stand-
ards as may be established pursuant to section 200108; 
and 
(iii) repay all of the scholarship or pa3nnent received plus 
interest at the rate of 10 percent if the conditions of clauses 
(i) and (ii) are not complied with. 
(2)(A) A recipient of a scholarship or payment under this section 
shall not be considered to be in violation of the agreement entered 
into pursuant to paragraph (1) if the recipient— 
(i) dies; or 
(ii) becomes permanently and totally disabled as estab-
lished by the sworn affidavit of a qualified physician. 
(B) If a scholarship recipient is unable to comply with the 
repayment provision set forth in paragraph (l)(B)(ii) because of 
a physical or emotional disability or for good cause as determined 
by the Director, the Director may substitute community service 
in a form prescribed by the Director for the required repayment. 
(C) The Director shall expeditiously seek repajmtient from a 
participant who violates an agreement described in paragraph (1). 
(e) DEPENDENT CHILD.—^A dependent child of a law enforcement 
officer— 
(1) who is a member of a State or local police force or 
is a Federal criminal investigator or uniformed police officer, 
(2) who is not a participant in the Police Corps program, 
but 
(3) who serves in a State for which the Director has 
approved a Police Corps plan, and 
(4) who is killed in the course of performing police duties, 
shall be entitled to the scholarship assistance authorized in this 
section for any course of study in any accredited institution of 
higher education. Such dependent child shall not incur any repay-
ment obligation in exchange for the scholarship assistance provided 
in this section. 
(0 APPLICATION.—^Each participant desiring a scholarship or 
payment under this section shall submit an application as pre-
scribed by the Director in such manner and accompanied by such 
information as the Director may reasonably require. 
42 use 14096. 
SEC. 200107. SELECTION OF PARTICIPANTS. 
Regulations. 
(a) IN GENERAL.—Participants in State Police Corps programs 
shall be selected on a competitive basis by each State under regula-
tions prescribed by the Director. 
(b) SELECTION CRITERIA AND QUALIFICATIONS.—(1) In order to 
participate in a State Police Corps program, a participant shall— 
(A) be a citizen of the United States or an alien lawfully 
admitted for permanent residence in the United States; 
(B) meet the requirements for admission as a trainee of 
the State or local police force to which the participant will 
be assigned pursuant to section 200110(5), including achieve-
ment of satisfactory scores on any applicable examination, 
except that failure to meet the age requirement for a trainee 
of the State or local police shall not disqualify the applicant 
if the applicant will be of sufficient age upon completing an 
undergraduate course of study; 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2053 
(C) possess the necessary mental and physical capabilities 
and emotional characteristics to discharge effectively the duties 
of a law enforcement officer; 
(D) be of good character and demonstrate sincere motiva-
tion and dedication to law enforcement and public service; 
(E) in the case of an undergraduate, agree in writing that 
the participant will complete an educational course of study 
leading to the award of a baccalaureate degree and will then 
accept an appointment and complete 4 years of service as 
an officer in the State police or in a local police department 
within the State; 
(F) in the case of a participant desiring to undertake or 
continue graduate study, agree in writing that the participant 
will accept an appointment and complete 4 years of service 
as an officer in the State police or in a local police department 
within the State before undertaking or continuing graduate 
study; 
(G) contract, with the consent of the participant's parent 
or guardian if the participant is a minor, to serve for 4 years 
as an officer in the State police or in a local police department, 
if an appointment is offered; and 
(H) except as provided in paragraph (2), be without pre-
vious law enforcement experience. 
(2)(A) Until the date that is 5 years after the date of enactment 
of this Act, up to 10 percent of the applicants accepted into the 
Police Corps program may be persons who— 
(i) have had some law enforcement experience; and 
(ii) have demonstrated special leadership potential and 
dedication to law enforcement. 
(B)(i) The prior period of law enforcement of a participant 
selected pursuant to subparagraph (A) shall not be counted toward 
satisfaction of the participant's 4-year service obligation under sec-
tion 200109, and such a participant shall be subject to the same 
benefits and obligations under this subtitle as other participants, 
including those stated in section (b)(1) (E) and (F). 
(ii) Clause (i) shall not be construed to preclude counting a 
participant's previous period of law enforcement experience for pur-
poses other than satisfaction of the requirements of section 200109, 
such as for purposes of determining such a participant's pay and 
other benefits, rank, and tenure. 
(3) It is the intent of this subtitle that there shall be no 
more than 20,000 participants in each graduating class. The Direc-
tor shall approve State plans providing in the aggregate for such 
enrollment of applicants as shall assure, as nearly as possible, 
annual graduating classes of 20,000. In a year in which applications 
are received in a number greater than that which will produce, 
in the judgment of the Director, a graduating class of more than 
20,000, the Director shall, in deciding which applications to grant, 
give preference to those who will be participating in State plans 
that provide law enforcement personnel to areas of greatest need. 
(c) RECRUITMENT OF MINORITIES.—Each State participating in 
the Police Corps program shall make special efforts to seek and 
recruit applicants from among members of all racial, ethnic or 
gender groups. This subsection does not authorize an exception 
from the competitive standards for admission established pursuant 
to subsections (a) and (b). 
108 STAT. 2054 
PUBLIC LAW 103-322—SEPT. 13, 1994 
42 use 14097. 
Contracts. 
(d) ENROLLMENT OF APPLICANT.—(1) An applicant shall be 
accepted into a State Police Corps program on the condition that 
the applicant will be matriculated in, or accepted for admission 
at, a 4-year institution of higher education— 
(A) as a full-time student in an undergraduate program; 
or 
(B) for purposes of taking a graduate course. 
(2) If the applicant is not matriculated or accepted as set 
forth in paragraph (1), the applicant's acceptance in the program 
shall be revoked. 
(e) LEAVE OF ABSENCE.—(1) A participant in a State Police 
Corps program who requests a leave of absence from educational 
study, training or service for a period not to exceed 1 year (or 
18 months in the aggregate in the event of multiple requests) 
due to temporary physical or emotional disability shall be granted 
such leave of absence by the State. 
(2) A participant who requests a leave of absence from edu-
cational study, training or service for a period not to exceed 1 
year (or 18 months in the aggregate in the event of multiple 
requests) for any reason other than those listed in paragraph (1) 
may be granted such leave of absence by the State. 
(3) A participant who requests a leave of absence from edu-
cational study or training for a period not to exceed 30 months 
to serve on an official church mission may be granted such leave 
of absence. 
(f) ADMISSION OF APPLICANTS.—An applicant may be admitted 
into a State Police Corps program either before commencement 
of or during the applicant's course of educational study. 
SEC. 200108. POLICE CORPS TRAINING. 
(a) IN GENERAL.—(1) The Director shall establish programs 
of training for Police Corps participants. Such programs may be 
carried out at up to 3 training centers established for this purpose 
and administered by the Director, or by contracting with existing 
State training facilities. The Director shall contract with a State 
training facility upon request of such facility if the Director deter-
mines that such facility offers a course of training substantially 
equivalent to the Police Corps training program described in this 
subtitle. 
(2) The Director may enter into contracts with individuals, 
institutions of learning, and government agencies (including State 
and local police forces) to obtain the services of persons qualified 
to participate in and contribute to the training process. 
(3) The Director may enter into agreements with agencies of 
the Federal Government to utilize on a reimbursable basis space 
in Federal buildings and other resources. 
(4) The Director may authorize such expenditures as are nec-
essary for the effective maintenance of the training centers, includ-
ing purchases of supplies, uniforms, and educational materials, 
and the provision of subsistence, quarters, and medical care to 
participants. 
(b) TRAINING SESSIONS.^A participant in a State Police Corps 
program shall attend two 8-week training sessions at a training 
center, one during the summer following completion of sophomore 
year and one during the summer following completion of junior 
year. If a participant enters the program after sophomore year, 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2055 
the participant shall complete 16 weeks of training at times deter-
mined by the Director. 
(c) FURTHER TRAiNiNG.^The 16 weeks of Police Corps training 
authorized in this section is intended to serve as basic law enforce-
ment training but not to exclude further training of participants 
by the State and local authorities to which they will be assigned. 
Each State plan approved by the Director under section 10 shall 
include assurances that following completion of a participant's 
course of education each participant shall receive appropriate addi-
tional training by the State or local authority to which the partici-
pant is assigned. The time spent by a participant in such additional 
training, but not the time spent in Police Corps training, shall 
be counted toward fulfillment of the participant's 4-year service 
obligation. 
(d) COURSE OF TRAINING.—^The training sessions at training 
centers established under this section shall be designed to provide 
basic law enforcement training, including vigorous physical and 
mental training to teach participants self-discipline and organiza-
tional loyalty and to impart knowledge and understanding of legal 
processes and law enforcement. 
(e) EVALUATION OF PARTICIPANTS.—A participant shall be evalu-
ated during training for mental, physical, and emotional fitness, 
and shall be required to meet performance standards prescribed 
by the Director at the conclusion of each training session in order 
to remain in the Police Corps program. 
(f) STIPEND.—^The Director shall pay participants in training 
sessions a stipend of $250 a week during training. 
SEC. 200109. SERVICE OBUGATION. 
42 USC 14098. 
(a) SWEARING IN.—Upon satisfactory completion of the partici-
pant's course of education and training program established in 
section 200108 and meeting the requirements of the police force 
to which the participant is assigned, a participant shall be sworn 
in as a member of the police force to which the participant is 
assigned pursuant to the State Police Corps plan, and shall serve 
for 4 years as a member of that police force. 
(b) RIGHTS AND RESPONSIBILITIES.—A participant shall have 
all of the rights and responsibilities of and shall be subject to 
all rules and regulations applicable to other members of the police 
force of which the participant is a member, including those con-
tained in applicable agreements with labor organizations and those 
provided by State and local law. 
(c) DISCIPLINE.—If the police force of which the participant 
is a member subjects the participant to discipline such as would 
preclude the participant's completing 4 years of service, and result 
in denial of educational assistance under section 200106, the Direc-
tor may, upon a showing of good cause, permit the participant 
to complete the service obligation in an equivalent alternative law 
enforcement service and, if such service is satisfactorily completed, 
section 200106(d)(l)(B)(iii) shall not apply. 
(d) LAYOFFS.—If the police force of which the participant is 
a member lays off the participant such as would preclude the 
participant's completing 4 years of service, and result in denial 
of educational assistance under section 200106, the Director may 
permit the participant to complete the service obligation in an 
equivalent alternative law enforcement service and, if such service 
108 STAT. 2056 
PUBLIC LAW 103-322—SEPT. 13, 1994 
is satisfactorily completed, section 200106(d)(l)(B)(iii) shall not 
apply. 
42 use 14099. 
SEC. 200110. STATE PLAN REQUIREMENTS. 
A State Police Corps plan shall— 
(1) provide for the screening and selection of participants 
in accordance with the criteria set out in section 200107; 
(2) state procedures governing the assignment of partici-
pants in the Police Corps program to State and local police 
forces (no more than 10 percent of all the participants assigned 
in each year by each State to be assigned to a statewide 
police force or forces); 
(3) provide that participants shall be assigned to those 
geographic areas in which— 
(A) there is the greatest need for additional law 
enforcement personnel; and 
(B) the participants will be used most effectively; 
(4) provide that to the extent consistent with paragraph 
(3), a participant shall be assigned to an area near the partici-
pant's home or such other place as the participant may request; 
(5) provide that to the extent feasible, a participant's 
assignment shall be made at the time the participant is 
accepted into the program, subject to change— 
(A) prior to commencement of a participant's fourth 
year of undergraduate study, under such circumstances 
as the plan may specify; and 
(B) from commencement of a participant's fourth year 
of undergraduate study until completion of 4 years of police 
service by participant, only for compelling reasons or to 
meet the needs of the State Police Corps program and 
only with the consent of the participant; 
(6) provide that no participant shall be assigned to serve 
with a local police force— 
(A) whose size has declined by more than 5 percent 
since June 21,1989; or 
(B) which has members who have been laid off but 
not retired; 
(7) provide that participants shall be placed and to the 
extent feasible kept on community and preventive patrol; 
(8) ensure that participants will receive effective training 
and leadership; 
(9) provide that the State may decline to offer a participant 
an appointment following completion of Federal training, or 
may remove a participant from the Police Corps program at 
any time, only for good cause (including failure to make satisfac-
tory progress in a course of educational study) and after follow-
ing reasonable review procedures stated in the plan; and 
(10) provide that a participant shall, while serving as a 
member of a police force, be compensated at the same rate 
of pay and benefits and enjoy the same rights under applicable 
agreements with labor organizations and under State and local 
law as other police officers of the same rank and tenure in 
the police force of which the participant is a member. 
42 use 14100. 
SEC. 200111. ASSISTANCE TO STATES AND LOCALITIES EMPLOYING 
POLICE CORPS OFFICERS. 
Each jurisdiction directly emplo3dng Police Corps participants 
during the 4-year term of service prescribed by section 200109 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2057 
shall receive $10,000 on account of each such participant at the 
completion of each such year of service, but— 
(1) no such payment shall be made on account of service 
in any State or local police force— 
(A) whose average size, in the year for which pa3anent 
is to be made, not counting Police Corps participants 
assigned under section 106, has declined more than 2 per-
cent since January 1,1993; or 
(B) which has members who have been laid off but 
not retired; and 
(2) no such payment shall be made on account of any 
Police Corps participant for years of service after the completion 
of the term of service prescribed in section 200109. 
SEC. 200112. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out this sub-
title $20,000 for each of the fiscal years 1996 through 2000. 
SEC. 200113. REPORTS TO CONGRESS. 
(a) IN GENERAL.—^Not later than April 1 of each year, the 
Director shall submit a report to the Attorney (Jeneral, the Presi-
dent, the Speaker of the House of Representatives, and the Presi-
dent of the Senate. 
(b) CONTENTS.—^A report under subsection (a) shall— 
(1) state the number of current and past participants in 
the Police Corps program, broken down according to the levels 
of educational study in which they are engaged and years 
, of service they have served on police forces (including service 
following completion of the 4-year service obligation); 
(2) describe the geographic, racial, and gender dispersion 
of participants in the Police Corps program; and 
(3) describe the progress of the Police Corps program and 
msike recommendations for changes in the program. 
Subtitle B—^Law Enforcement Scholarship 
Program 
SEC. 200201. SHORT TITLE. 
This subtitle may be cited as the "Law Enforcement Scholar-
ships and Recruitment Act". 
SEC. 200202. DEFINITIONS. 
In this subtitle— 
"Director" means the Director of the Office of the Police 
Corps and Law Enforcement Education appointed under section 
200104. 
"educational expenses" means expenses that are directly 
attributable to— 
(A) a course of education leading to the award of an 
associate degree; 
(B) a course of education leading to the award of a 
baccalaureate degree; or 
(C) a course of graduate study following award of a 
baccalaureate degree, 
including the cost of tuition, fees, books, supplies, and related 
expenses. 
42 u s e 14101. 
42 u s e 14102. 
Law Enforcement 
Scholarships 
and Recruitment 
Act. 
42 use 13701 
note. 
42 u s e 14111. 
108 STAT. 2058 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"institution of higher education" has the meaning stated 
in the first sentence of section 1201(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1141(a)). 
"law enforcement position" means employment as an officer 
in a State or local police force, or correctional institution. 
"State" means a State of the United States, the District 
of Columbia, the Commonwealth of Puerto Rico, the Virgin 
Islands of the United States, American Samoa, Guam, and 
the Commonwealth of the Northern Mariana Islands. 
42 u s e 14112. 
SEC. 200203. ALLOTMENT. 
From amounts appropriated under section 200210, the Director 
shall allot— 
(1) 80 percent of such amounts to States on the basis 
of the number of law enforcement officers in each State com-
pared to the number of law enforcement officers in all States; 
and 
(2) 20 percent of such amounts to States on the basis 
of the shortage of law enforcement personnel and the need 
for assistance under this subtitle in the State compared to 
the shortage of law enforcement personnel and the need for 
assistance under this subtitle in all States. 
42 use 14113. 
SEC. 200204. ESTABLISHMENT OF PROGRAM. 
(a) USE OF ALLOTMENT.— 
(1) IN GENERAL.—^A State that receives an allotment pursu-
ant to section 200203 shall use the allotment to pay the Federal 
share of the costs of— 
(A) awarding scholarships to in-service law enforce-
ment personnel to enable such personnel to seek further 
education; and 
(B) providing— 
(i) full-time employment in summer; or 
(ii) part-time (not to exceed 20 hours per week) 
employment for a period not to exceed 1 year. 
(2) EMPLOYMENT.—^The emplo)rment described in paragraph 
(1)(B)— 
(A) shall be provided by State and local law enforce-
ment agencies for students who are juniors or seniors in 
high school or are enrolled in an institution of higher 
education and who demonstrate an interest in undertaking 
a career in law enforcement; 
(B) shall not be in a law enforcement position; and 
(C) shall consist of performing meaningful tasks that 
inform students of the nature of the tasks performed by 
law enforcement agencies. 
(b) PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE.— 
(1) PAYMENTS.—Subject to the availability of appropria-
tions, the Director shall pay to each State that receives an 
allotment under section 200203 the Federal share of the cost 
of the activities described in the application submitted pursuant 
to section 200203. 
(2) FEDERAL SHARE.—The Federal share shall not exceed 
60 percent. 
(3) NON-FEDERAL SHARE.—-The non-Federal share of the 
cost of scholarships and student employment provided under 
this subtitle shall be supplied from sources other than the 
Federal Government. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2059 
(c) RESPONSIBILITIES OF DIRECTOR.—The Director shall be 
responsible for the administration of the programs conducted pursu-
ant to this subtitle and shall, in consultation with the Assistant 
Secretary for Postsecondary Education, issue rules to implement 
this subtitle. 
(d) ADMINISTRATIVE EXPENSES.—A State that receives an allot-
ment under section 200203 may reserve not more than 8 percent 
of the allotment for administrative expenses. 
(e) SPECIAL RULE.—A State that receives an allotment under 
section 200203 shall ensure that each scholarship recipient under 
this subtitle be compensated at the same rate of pay and benefits 
and enjoy the same rights under applicable agreements with labor 
organizations and under State and local law as other law enforce-
ment personnel of the same rank and tenure in the office of which 
the scholarship recipient is a member. 
(f) SUPPLEMENTATION OF FUNDING.—^Funds received under this 
subtitle shall only be used to supplement, and not to supplant. 
Federal, State, or local efforts for recruitment and education cf 
law enforcement personnel. 
SEC. 200205. SCHOLARSHIPS. 
(a) PERIOD OF AWARD.—Scholarships awarded under this sub-
title shall be for a period of 1 academic year. 
(b) USE OF SCHOLARSHIPS.—Each individual awarded a scholar-
ship under this subtitle may use the scholarship for educational 
expenses at an institution of higher education. 
SEC. 200206. ELIGmnJTY. 
(a) SCHOLARSHIPS.—^A person shall be eligible to receive a schol-
arship under this subtitle if the person has been employed in 
law enforcement for the 2-year period immediately preceding the 
date on which assistance is sought. 
(b) INELIGIBILITY FOR STUDENT EMPLOYMENT.—A person who 
has been employed as a law enforcement officer is ineligible to 
participate in a student employment program carried out under 
this subtitle. 
SEC. 200207. STATE APPUCATION. 
(a) IN GENERAL.—^Each State desiring an allotment under sec-
tion 200203 shall submit an application to the Director at such 
time, in such manner, and accompanied by such information as 
the Director may reasonably require. 
(b) CONTENTS.—An application under subsection (a) shall— 
(1) describe the scholarship program and the student 
employment program for which assistance under this subtitle 
is sought; 
(2) contain assurances that the lead agency will work in 
cooperation with the local law enforcement liaisons, representa-
tives of police labor organizations and police management 
organizations, and other appropriate State and local agencies 
to develop and implement interagency agreements designed 
to carry out this subtitle; 
(3) contain assurances that the State will advertise the 
scholarship assistance and student employment it will provide 
under this subtitle £ind that the State will use such programs 
to enhance recruitment efforts; 
42 u s e 14114. 
42 u s e 14115. 
42 u s e 14116. 
108 STAT. 2060 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(4) contain assurances that the State will screen and select 
law enforcement personnel for participation in the scholarship 
program under this subtitle; 
(5) contain assurances that under such student emplo3nnent 
program the State will screen and select, for participation in 
such program, students who have an interest in undertaking 
a career in law enforcement; 
(6) contain assurances that under such scholarship program 
the State will make scholarship payments to institutions of 
higher education on behalf of persons who receive scholarships 
under this subtitle; 
(7) with respect to such student employment program, iden-
tify— 
(A) the emplo3mtient tasks that students will be 
assigned to perform; 
(B) the compensation that students will be paid to 
perform such tasks; and 
(C) the training that students will receive as part 
of their participation in the program; 
(8) identify model curriculum and existing programs 
designed to meet the educational and professional needs of 
law enforcement personnel; and 
(9) contain assurances that the State will promote coopera-
tive agreements with educational and law enforcement agencies 
to enhance law enforcement personnel recruitment efforts in 
institutions of higher education. 
42 use 14117. 
SEC. 200208. LOCAL APPLICATION. 
(a) IN GENERAL.—^A person who desires a scholarship or employ-
ment under this subtitle shall submit an application to the State 
at such time, in such manner, and accompanied by such information 
as the State may reasonably require. 
(b) CONTENTS.—^An application under subsection (a) shall 
describe— 
(1) the academic courses for which a scholarship is sought; 
or 
(2) the location and duration of employment that is sought. 
(c) PRIORITY.—In awarding scholarships and providing student 
employment under this subtitle, each State shall give priority to 
applications from persons who are— 
(1) members of racial, ethnic, or gender groups whose rep-
resentation in the law enforcement agencies within the State 
is substantially less than in the population eligible for employ-
ment in law enforcement in the State; 
(2) pursuing an undergraduate degree; and 
(3) not receiving financial assistance under the Higher 
Education Act of 1965. 
42 use 14118. 
SEC. 200209. SCHOLARSHIP AGREEMENT. 
(a) IN GENERAL.—A person who receives a scholarship under 
this subtitle shall enter into an agreement with the Director. 
(b) CONTENTS.—^An agreement described in subsection (a) 
shall— 
(1) provide assurances that the scholarship recipient will 
work in a law enforcement position in the State that awarded 
the scholarship in accordance with the service obligation 
described in subsection (c) after completion of the scholarship 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2061 
recipient's academic courses leading to an associate, bachelor, 
or graduate degree; 
(2) provide assurances that the scholarship recipient will 
repay the entire scholarship in accordance with such terms 
and conditions as the Director shall prescribe if the require-
ments of the agreement are not complied with, unless the 
scholarship recipient— 
(A) dies; 
(B) becomes physically or emotionally disabled, as 
established by the sworn affidavit of a qualified physician; 
or 
(C) has been discharged in bankruptcy; and 
(3) set forth the terms and conditions under which the 
scholarship recipient may seek employment in the field of law 
enforcement in a State other than the State that awarded 
the scholarship. 
(c) SERVICE OBLIGATION.— 
(1) IN GENERAL.— Except as provided in paragraph (2), 
a person who receives a scholarship under this subtitle shall 
work in a law enforcement position in the State that awarded 
the scholarship for a period of 1 month for each credit hour 
for which funds are received under the scholarship. 
(2) SPECIAL RULE.—^For purposes of satisfjdng the require-
ment of paragraph (1), a scholarship recipient shall work in 
a law enforcement position in the State that awarded the 
scholarship for not less than 6 months but shall not be required 
to work in such a position for more than 2 years. 
SEC. 200210. AUTHORIZATION OF APPROPRIATIONS. 
(a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this subtitle— 
(1) $20,000,000 for fiscal year 1996; 
(2) $20,000,000 for fiscal year 1997; 
(3) $20,000,000 for fiscal year 1998; 
(4) $20,000,000 for fiscal year 1999; and 
(5) $20,000,000 for fiscal year 2000. 
(b) USES OF FUNDS.—Of the funds appropriated under sub-
section (a) for a fiscal year— 
(1) 80 percent shall be available to provide scholarships 
described in section 200204(a)(1)(A); and 
(2) 20 percent shall be available to provide employment 
described in sections 200204(a)(1)(B) and 200204(a)(2). 
TITLE XXI—STATE AND LOCAL LAW 
ENFORCEMENT 
Subtitle A—^Byme Program 
42 use 14119. 
SEC. 210101. EXTENSION OF BYRNE GRANT FUNDING. 
There is authorized to be appropriated for fiscal years 1995 
through 2000 such sums as may be necessary to carry out the 
programs under parts D and E of title I of tne Omnibus Crime 
Control and Safe Streets Act of 1968, of which the following amounts 
may be appropriated from the Violent Crime Reduction Trust Fund: 
(1) $580,000,000 for fiscal year 1995; 
Appropriation 
authorization. 
108 STAT. 2062 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(2) $130,000,000 for fiscal year 1996; 
(3) $100,000,000 for fiscal year 1997; 
(4) $75,000,000 for fiscal year 1998; 
' 
(5) $70,000,000 for fiscal year 1999; and 
(6) $45,000,000 for fiscal year 2000. 
Subtitle B—^Law Enforcement Family 
Support 
SEC. 210201. LAW ENFORCEMENT FAMILY SUPPORT. 
(a) IN GENERAL.—^Title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended 
by section 50001(a), is amended— 
(1) by redesignating part W as part X; 
42 use 3797. 
(2) by redesignating section 2301 as 2401; and 
(3) by inserting after part V the following new part: 
"PART W—FAMILY SUPPORT 
42 u s e 3796jj. 
"SEC. 2301. DUTIES. 
"The Attorney Greneral shall— 
Guidelines. 
"(1) establish guidelines and oversee the implementation 
of family-friendly policies within law enforcement-related offices 
and divisions in the Department of Justice; 
"(2) study the effects of stress on law enforcement personnel 
and family well-being and disseminate the findings of such 
studies to Federal, State, and local law enforcement agencies, 
related organizations, and other interested parties; 
"(3) identify and evaluate model programs that provide 
support services to law enforcement personnel and families; 
"(4) provide technical assistance and training programs 
to develop stress reduction and family support to State and 
local law enforcement agencies; 
"(5) collect and disseminate information regarding family 
support, stress reduction, and psychological services to Federal, 
State, and local law enforcement agencies, law enforcement-
related organizations, and other interested entities; and 
"(6) determine issues to be researched by the Department 
of Justice and by grant recipients. 
42 u s e 3796JJ-1. 
"SEC. 2302. GENERAL AUTHORIZATION. 
'The Attorney General may make grants to States and local 
law enforcement agencies and to organizations representing State 
or local law enforcement personnel to provide family support serv-
ices to law enforcement personnel. 
42 u s e 3796JJ-2. 
"SEC. 2303. USES OF FUNDS. 
"(a) IN GENERAL.—A State or local law enforcement agency 
or organization that receives a grant under this Act shall use 
amounts provided under the grant to establish or improve training 
and support programs for law enforcement personnel. 
"(b) REQUIRED ACTIVITIES.—^A law enforcement agency or 
organization that receives funds under this part shall provide at 
least one of the following services: 
"(1) Counseling for law enforcement family members. 
"(2) Child care on a 24-hour basis. 
PUBLIC LAW 103-322-SEPT. 13, 1994 
108 STAT. 2063 
"(3) Marital and adolescent support groups. 
"(4) Stress reduction programs. 
"(5) Stress education for law enforcement recruits and fami-
lies. 
"(6) Technical assistance and training programs to support 
any or all of the services described in paragraphs (1), (2), 
(3), (4), and (5). 
"(c) OPTIONAL ACTIVITIES.—A law enforcement agency or 
organization that receives funds under this part may provide the 
following services: 
"(1) Post-shooting debriefing for officers and their spouses. 
"(2) Group therapy. 
"(3) Hypertension clinics. 
"(4) Critical incident response on a 24-hour basis. 
"(5) Law enforcement family crisis telephone services on 
a 24-hour basis. 
"(6) Counseling for law enforcement personnel exposed to 
the human immunodeficiency virus. 
"(7) Counseling for peers. 
"(8) Counseling for families of personnel killed in the line 
of duty. 
"(9) Seminars regarding alcohol, drug use, gambling, and 
overeating. 
"(10) Technical assistance and training to support any or 
all of the services described in paragraphs (1), (2), (3), (4), 
(5), (6), (7), (8), and (9). 
"SEC. 2304. APPLICATIONS. 
"A law enforcement agency or organization desiring to receive 
a grant under this part shall submit to the Attorney Greneral 
an application at such time, in such manner, and containing or 
accompanied by such information as the Attorney Greneral may 
reasonably require. Such application shall— 
"(1) certify that the law enforcement agency shall match 
all Federal funds with an equal amount of cash or in-kind 
goods or services from other non-Federal sources; 
"(2) include a statement from the highest ranking law 
enforcement official from the State or locality or from the 
highest ranking official from the organization applying for the 
grant that attests to the need and intended use of services 
to be provided with grant funds; and 
"(3) assure that the Attorney General or the Comptroller 
General of the United States shall have access to all records 
related to the receipt and use of grant funds received under 
this part. 
"SEC. 2306. AWARD OF GRANTS; LIMITATION. 
"(a) GRANT DISTRIBUTION.—In approving grants under this part, 
the Attorney General shall assure an equitable distribution of 
assistance among the States, among urban and rural areas of 
the United States, and among urban and rural areas of a State. 
"(b) DURATION.—^The Attorney General may award a grant 
each fiscal year, not to exceed $100,000 to a State or local law 
enforcement agency or $250,000 to a law enforcement organization 
for a period not to exceed 5 years. In any application from a 
State or local law enforcement agency or organization for a grant 
to continue a program for the second, third, fourth, or fifth fiscal 
year following the first fiscal year in which a grant was awarded 
42 u s e 3796ij-3. 
Certification. 
Records. 
42 use 3796JJ-4. 
108 STAT. 2064 
PUBLIC LAW 103-322—SEPT. 13,1994 
to such agency, the Attorney General shall review the progress 
made toward meeting the objectives of the program. The Attorney 
General may refuse to award a grsuit if the Attorney General 
finds sufficient progress has not been made toward meeting such 
objectives, but only after affording the applicant notice and an 
opportunity for reconsideration. 
"(c) LIMITATION.—^Not more than 5 percent of grant funds 
received by a State or a local law enforcement agency or organiza-
tion may be used for administrative purposes. 
42 u s e 3796JJ-5. 
"SEC. 2306. DISCRETIONARY RESEARCH GRANTS. 
'The Attorney General may reserve 10 percent of funds to 
award research grants to a State or local law enforcement agency 
or organization to study issues of importance in the law enforcement 
field as determined by the Attorney General. 
42 u s e 3796JJ-6. 
"SEC. 2307. REPORTS. 
"A State or local law enforcement agencyr or organization that 
receives a grant under this part shall submit to the Attorney 
General an annual report that includes— 
"(1) program descriptions; 
"(2) the number of staff employed to administer programs; 
"(3) the number of individuals who participated in pro-
grams; and 
"(4) an evaluation of the effectiveness of grant programs. 
42 u s e 3796JJ-7. 
"SEC. 2308. DEFINITIONS. 
"For purposes of this part— 
"(1) the term 'family-friendly policy' means a policy to pro-
mote or improve the morale and well being of law enforcement 
personnel and their families; and 
"(2) the term 'law enforcement personnel* means individuals 
employed by Federal, State, and local law enforcement agen-
cies.". 
(b) TECHNICAL AMENDMENT.—The table of contents of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3711 et seq.), as amended by section 50001(b), is amended 
by striking the matter relating to part V and inserting the following: 
"PART W—FAMILY SUPPORT 
"Sec. 2301. Duties. 
"Sec. 2302. General authorization. 
"Sec. 2303. Uses of funds. 
"Sec. 2304. Applications. 
"Sec. 2305. Award of grants; limitation. 
"Sec. 2306. Discretionary research grants. 
"Sec. 2307. Reports. 
"Sec. 2308. Definitions. 
"PART V—TRANSITION-EFFECTIVE DATE-REPEALS 
"Sec. 2301. Continuation of rules, authorities, and privileges.". 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
42 use 3793. 
3711 et seq.), as amended by section 50001(c), is amended— 
(1) in paragraph (3) by striking "and V" and inserting 
"V, and W"; and 
(2) by adding at the end the following new paragraph: 
"(21) There are authorized to be appropriated to carry out 
part W— 
"(1) $2,500,000 for fiscal year 1996; 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2065 
"(2) $4,000,000 for fiscal year 1997; 
"(3) $5,000,000 for fiscal year 1998; 
"(4) $6,000,000 for fiscal year 1999; and 
"(5) $7,500,000 for fiscal year 2000.". 
Subtitle C—^DNA Identification 
SEC. 210301. SHORT TITLE. 
This subtitle may be cited as the "DNA Identification Act 
of 1994". 
SEC. 210302. FUNDING TO IMPROVE THE QUALITY AND AVAILABILITY 
OF DNA ANALYSES FOR LAW ENFORCEMENT IDENTI-
FICATION PURPOSES. 
(a) DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT PRO-
GRAM.—Section 501(b) of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) as amended by 
section 150003, is amended— 
(1) by striking "and" at the end of paragraph (23); 
(2) by striking the period at the end of paragraph (24) 
and inserting "; and"; and 
(3) by adding at the end the following new paragraph: 
**(25) developing or improving in a forensic laboratory a 
capability to analyze deoxyribonucleic acid (hereinafter in this 
title referred to as *DNA') for identification purposes.". 
(b) STATE APPLICATIONS.—Section 503(a) of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) 
is amended by adding at the end the following new paragraph: 
"(12) If any part of funds received from a grant made 
under this part is to be used to develop or improve a DNA 
analysis capability in a forensic laboratory, a certification that— 
"(A) DNA analyses performed at such laboratory will 
satisfy or exceed then current standards for a quality assur-
ance program for DNA analysis, issued by the Director 
of the Federal Bureau of Investigation under section 210303 
of the DNA Identification Act of 1994; 
"(B) DNA samples obtained by, and DNA analyses 
performed at, such laboratory will be accessible only— 
"(i) to criminal justice agencies for law enforcement 
identification purposes; 
"(ii) in judicial proceedings, if otherwise admissible 
pursuant to applicable statutes or rules; 
"(iii) for criminal defense purposes, to a defendant, 
who shall have access to samples and analyses per-
formed in connection with the case in which such 
defendant is charged; or 
"(iv) if personedly identifiable information is 
removed, for a population statistics database, for 
identification research and protocol development pur-
poses, or for quality control purposes; and 
"(C) such laboratory, and each analyst performing DNA 
analyses at such laboratory, will undergo, at regular inter-
vals of not to exceed 180 days, external proficiency testing 
by a DNA proficiency testing program meeting the stand-
ards issued under section 210303 of the DNA Identification 
Act of 1994.". 
DNA 
Identification 
Act of 1994. 
Science and 
technology. 
42 use 13701 
note. 
108 STAT. 2066 
PUBLIC LAW 103-322—SEPT. 13, 1994 
42 use 3797. 
(c) DNA IDENTIFICATION GRANTS.— 
(1) IN GENERAL.—Title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as 
amended by section 210201(a), is amended— 
(A) by redesignating part X as part Y; 
(B) by redesignating section 2401 as section 2501; and 
(C) by inserting after part W the following new part: 
"PART X—DNA IDENTIFICATION GRANTS 
42 use 
3796kk-l. 
42 use 
3796kk-2. 
42 use 3796kk. 
"SEC. 2401. GRANT AUTHORIZATION. 
"The Attorney Greneral may make funds available under this 
part to States and units of local government, or combinations 
thereof, to carry out all or a substantial part of a program or 
project intended to develop or improve the capability to analyze 
deoxyribonucleic acid (referred to in this part as 'DNA') in a forensic 
laboratory. 
"SEC. 2402. APPLICATIONS. 
"To request a grant under this part, the chief executive officer 
of a State or unit of local government shall submit an application 
in such form as the Attorney General may require. 
"SEC. 2403. APPLICATION REQUIREMENTS. 
"No grant may be made under this part unless an application 
has been submitted to the Attorney Greneral in which the applicant 
certifies that— 
"(1) DNA analyses performed at the laboratory will satisfy 
or exceed then current standards for a quality assurance pro-
gram for DNA analysis issued by the Director of the Federal 
Bureau of Investigation under section 210303 of the DNA 
Identification Act of 1994. 
"(2) DNA samples obtained by and DNA analyses performed 
at the laboratory shall be made available only— 
"(A) to criminal justice agencies for law enforcement 
identification purposes; 
"(B) in judicial proceedings, if otherwise admissible 
pursuant to applicable statutes or rules; 
"(C) for criminal defense purposes, to a defendant, 
who shall have access to samples and analyses performed 
in connection with the case in which the defendant is 
charged; or 
"(D) if personally identifiable information is removed, 
for a population statistics database, for identification 
research and protocol development purposes, or for quality 
control purposes; and 
"(3) the laboratory and each analyst performing DNA analy-
ses at the laboratory shall undergo, at regular intervals not 
exceeding 180 days, external proficiency testing by a DNA 
proficiency testing program that meets the standards issued 
under section 210303 of the DNA Identification Act of 1994. 
"SEC. 2404. ADMINISTRATIVE PROVISIONS. 
"(a) REGULATION AUTHORITY.—^The Attorney General may 
promulgate guidelines, regulations, and procedures, as necessary 
to carry out the purposes of this part, including limitations on 
the number of awards made during each fiscal year, the submission 
42 use 
3796kk-3. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2067 
and review of applications, selection criteria, and the extension 
or continuation of awards. 
"(b) AWARD AUTHORITY.—^The Attorney General shall have final 
authority over all funds awarded under this part. 
"(c) TECHNICAL ASSISTANCE.—To assist and measure the 
effectiveness and performance of programs and activities funded 
under this part, the Attorney Greneral may provide technical assist-
ance as required. 
"SEC. 2405. RESTRICTIONS ON USE OF FUNDS. 
"(a) FEDERAL SHARE.—^The Federal share of a grant, contract, 
or cooperative agreement made under this part may not exceed 
75 percent of the total costs of the project described in the applica-
tion submitted for the fiscal year for which the project receives 
assistance. 
"(b) ADMINISTRATIVE COSTS.—A State or unit of local govern-
ment may not use more than 10 percent of the funds it receives 
from this part for administrative expenses. 
"SEC. 2406. REPORTS. 
"(a) REPORTS TO ATTORNEY GENERAL.—^Each State or unit of 
local government which receives a grant under this part shall 
submit to the Attorney General, for each year in which funds 
from a grant received under this part is expended, a report at 
such time and in such manner as the Attorney General may reason-
ably require which contains— 
"(1) a summary of the activities carried out under the 
grant and an assessment of whether such activities are meeting 
. the needs identified in the application submitted under section 
2402; and 
"(2) such other information as the Attorney General may 
require. 
"(b) REPORTS TO CONGRESS.—Not later than 90 days after the 
end of each fiscal year for which grants are made under this 
part, the Attorney Greneral shall submit to the Speaker of the 
House of Representatives and the President pro tempore of the 
Senate, a report that includes— 
"(1) the aggregate amount of grants made under this part 
to each State or unit of local government for such fiscal year; 
and 
"(2) a summary of the information provided in compliance 
with subsection (a)(1). 
"SEC 2407. EXPENDITURE RECORDS. 
"(a) RECORDS.—Each State or unit of local government which 
receives a grant under this part shall keep records as the Attorney 
General may require to facilitate an effective audit. 
"(b) ACCESS.—^The Attorney Greneral, the Comptroller Greneral, 
or their designated agents shall have access, for the purpose of 
audit and examination, to any books, documents, and records of 
States and units of local government which receive grants made 
under this part if, in the opinion of the Attorney General, the 
Comptroller Greneral, or their designated agents, such books, docu-
ments, and records are related to the receipt or use of any such 
grant.". 
(2) TABLE OF coNTENTS.^The table of contents of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.), as amended by section 210201(b), 
42 use 
3796kk-4. 
42 use 
3796kk-5. 
42 use 
3796kk-6. 
108 STAT. 2068 
PUBLIC LAW 103-322—SEPT. 13, 1994 
is amended by striking the matter relating to part X and 
inserting the following: 
"PART X—DNA IDENTIFICATION GRANTS 
"Sec. 2401. Grant authorization. 
"Sec. 2402. Applications. 
"Sec. 2403. Application requirements. 
"Sec. 2404. Administrative provisions. 
"Sec. 2405. Restrictions on use of funds. 
"Sec. 2406. Reports. 
"Sec. 2407. Expenditure records. 
"PART Y—TRANSITION-EFFECTIVE DATE-REPEALER 
"Sec. 2501. Continuation of rules, authorities, and proceedings.". 
(3) AUTHORIZATION OF APPROPRIATIONS.—Section 1001 
of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3793), as amended by section 210201(c), is amended— 
(A) in paragraph (3) by striking "and W" and inserting 
"W, and X"; and 
(B) adding at the end the following new paragraph: 
"(22) There are authorized to be appropriated to carry out 
partX— 
^>1,000,000 for fiscal year 1996; 
53,000,000 for fiscal year 1997; 
^5,000,000 for fiscal year 1998; 
;13,500,000 for fiscal year 1999; and 
"(5) $17,500,000 for fiscal year 2000.". 
42 use 3751 
(4) EFFECTIVE DATE.—^The amendments made by this sec-
^^^- 
tion shall take effect on the date that is 60 days after the 
date of enactment of this Act. 
42 u s e 14131. 
SEC. 210303. QUALITY ASSURANCE AND PROFICIENCY TESTING STAND-
ARDS. 
(a) 
PUBLICATION OF QUALITY ASSURANCE AND PROFICIENCY 
TESTING STANDARDS.—(1)(A) Not later than 180 days after the 
date of enactment of this Act, the Director of the Federal Bureau 
of Investigation shall appoint an advisory board on DNA quality 
assurance methods from among nominations proposed by the head 
of the National Academy of Sciences and professional societies 
of crime laboratory ofdcials. 
(B) The advisory board shall include as members scientists 
from State, local, and private forensic laboratories, molecular geneti-
cists and population geneticists not affiliated with a forensic labora-
tory, and a representative from the National Institute of Standards 
and Technolo^. 
(C) The advisory board shall develop, and if appropriate, 
periodically revise, recommended standards for quality assurance, 
including standards for testing the proficiency of forensic labora-
tories, and forensic analysts, in conducting analyses of DNA. 
(2) The Director of the Federal Bureau of Investigation, after 
taking into consideration such recommended standards, shall issue 
(and revise from time to time) standards for quality assurance, 
including standards for testing the proficiency of forensic labora-
tories, and forensic analysts, in conducting analyses of DNA. 
(3) The standards described in paragraphs (1) and (2) shall 
specify criteria for quality assurance and proficiency tests to be 
applied to the various types of DNA analyses used by forensic 
laboratories. The standards shall also include a system for grading 
proficiency testing performance to determine whether a laboratory 
is performing acceptably. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2069 
(4) Until such time as the advisory board has made rec-
ommendations to the Director of the Federal Bureau of Investigation 
and the Director has acted upon those recommendations, the quality 
assurance guidelines adopted by the technical working group on 
DNA analysis methods shall be deemed the Director's standards 
for purposes of this section. 
(b) ADMINISTRATION OF THE ADVISORY BOARD.—(1) For adminis-
trative purposes, the advisory board appointed under subsection 
(a) shall be considered an advisory board to the Director of the 
Federal Bureau of Investigation. 
(2) Section 14 of the Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply with respect to the advisory board appointed 
under subsection (a). 
(3) The DNA advisory board established under this section 
shall be separate and distinct from any other advisory board 
administered by the FBI, and is to be administered separately. 
(4) The board shall cease to exist on the date 5 years after 
the initial appointments are made to the board, unless the existence 
of the board is extended by the Director of the Federal Bureau 
of Investigation. 
(c) PROFICIENCY TESTING PROGRAM.—(1) Not later than 1 year 
after the effective date of this Act, the Director of the National 
Institute of Justice shall certify to the Committees on the Judiciary 
of the House and Senate that— 
(A) the Institute has entered into a contract with, or made 
a grant to, an appropriate entity for establishing, or has taken 
other appropriate action to ensure that there is established, 
not later than 2 years ^ler the date of enactment of this 
Act, a blind external proficiency testing program for DNA analy-
ses, which shall be available to public and private laboratories 
performing forensic DNA analyses; 
(B) a blind external proficiency testing program for DNA 
analyses is already readily available to public and private lab-
oratories performing forensic DNA analyses; or 
(C) it is not feasible to have blind external testing for 
DNA forensic analyses. 
(2) As used in this subsection, the term "blind external pro-
ficiency test" means a test that is presented to a forensic laboratory 
through a second agency and appears to the analysts to involve 
routine evidence. 
(3) Notwithstanding any other provision of law, the Attorney 
General shall make available to the Director of the National 
Institute of Justice during the first fiscal year in which funds 
are distributed under this subtitle up to $250,000 from the funds 
available under part X of Title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 to carry out this subsection. 
SEC. 210304. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE 
OF DNA IDENTIFICATION INFORMATION. 
(a) ESTABLISHMENT OF INDEX.—The Director of the Federal 
Bureau of Investigation may establish an index of— 
(1) DNA identification records of persons convicted of 
crimes; 
(2) analyses of DNA ssimples recovered from crime scenes; 
and 
(3) Emalyses of DNA samples recovered from unidentified 
human remsdns. 
Termination 
date. 
Certification. 
Records. 
42 u s e 14132. 
108 STAT. 2070 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(b) INFORMATION.—^The index described in subsection (a) shall 
include only information on DNA identification records and DNA 
analyses that are— 
(1) based on analyses performed by or on behalf of a crimi-
nal justice agency in accordance with publicly available stand-
ards that satisfy or exceed the guidelines for a quality assurance 
program for DNA analysis, issued by the Director of the Federal 
Bureau of Investigation under section 210303; 
(2) prepared by laboratories, and DNA analysts, that 
undergo, at regular intervals of not to exceed 180 days, external 
proficiency testing by a DNA proficiency testing program meet-
ing the standards issued under section 210303; and 
(3) maintained by Federal, State, and local criminal justice 
agencies pursuant to rules that allow disclosure of stored DNA 
samples and DNA analyses only— 
(A) to criminal justice agencies for law enforcement 
identification purposes; 
(B) in judicial proceedings, if otherwise admissible 
pursuant to applicable statutes or rules; 
(C) for criminal defense purposes, to a defendant, who 
shall have access to samples and analyses performed in 
connection with the case in which such defendant is 
charged; or 
(D) if personally identifiable information is removed, 
for a population statistics database, for identification 
research and protocol development purposes, or for quality 
control purposes. 
(c) FAILURE To COMPLY.—Access to the index established by 
this section is subject to cancellation if the quality control and 
privacy requirements described in subsection (b) are not met. 
42 use 14133. 
SEC. 210305. FEDERAL BUREAU OF INVESTIGATION. 
(a) PROFICIENCY TESTING REQUIREMENTS.— 
(1) GENERALLY.—(A) Personnel at the Federal Bureau of 
Investigation who perform DNA analyses shall undergo, at 
regular intervals of not to exceed 180 days, external proficiency 
testing by a DNA proficiency testing program meeting the 
standards issued under section 210303. 
(B) Within 1 year after the date of enactment of this 
Act, the Director of the Federal Bureau of Investigation shall 
arrange for periodic blind external tests to determine the pro-
ficiency of DNA analysis performed at the Federal Bureau 
of Investigation laboratory. 
(C) In this paragraph, "blind external test" means a test 
that is presented to the laboratory through a second agency 
and appears to the analysts to involve routine evidence. 
(2) REPORT.—^For 5 years after the date of enactment of 
this Act, the Director of the Federal Bureau of Investigation 
shall submit to the Committees on the Judiciary of the House 
and Senate an annual report on the results of each of the 
tests described in paragraph (1). 
(b) PRIVACY PROTECTION STANDARDS.— 
(1) GENERALLY.—Except as provided in paragraph (2), the 
results of DNA tests performed for a Federal law enforcement 
agency for law enforcement purposes may be disclosed only— 
(A) to criminal justice agencies for law enforcement 
identification purposes; 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2071 
(B) in judicial proceedings, if otherwise admissible 
pursuant to applicable statues or rules; and 
(C) for criminal defense purposes, to a defendant, who 
shall have access to samples £ind analyses performed in 
connection with the case in which such defendant is 
charged. 
(2) EXCEPTION.—If personally identifiable information is 
removed, test results may be disclosed for a population statistics 
database, for identification research and protocol development 
purooses, or for quality control purposes. 
(c) CRIMINAL PENALTY.—(1) A person who— 
(A) by virtue of employment or official position, has posses-
sion of, or access to, individually identifiable DNA information 
indexed in a database created or maintained by any Federal 
law enforcement agency; and 
(B) knowingly discloses such information in any manner 
to any person or agency not authorized to receive it, 
shall be fined not more than $100,000. 
(2) A person who, without authorization, knowingly obtains 
DNA samples or individually identifiable DNA information indexed 
in a database created or maintained by any Federal law enforcement 
agency shall be fined not more than $100,000. 
SEC. 210306. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Federal Bureau 
of Investigation to carry out sections 210303, 210304, and 210305— 
(1) $5,500,000 for fiscal year 1996; 
(2) $8,000,000 for fiscal year 1997; 
(3) $8,000,000 for fiscal year 1998; 
(4) $2,500,000 for fiscal year 1999; and 
(5) $1,000,000 for fiscal year 2000. 
Subtitle D—^Police Pattern or Practice 
42 u s e 14134. 
SEC. 210401. CAUSE OF ACTION. 
(a) UNLAWFUL CONDUCT.—It shall be unlawful for any govern-
mental authority, or any agent thereof, or any person acting on 
behalf of a governmental authority, to engage in a pattern or 
practice of conduct by law enforcement officers or by officials or 
employees of any govemmentsJ agency with responsibility for the 
administration of juvenile justice or the incarceration of juveniles 
that deprives persons of rights, privileges, or immunities secured 
or protected by the Constitution or laws of the United States. 
(b) CIVIL ACTION BY ATTORNEY GENERAL.—Whenever the Attor-
ney Gieneral has reasonable cause to believe that a violation of 
paragraph (1) has occurred, the Attorney CJeneral, for or in the 
name of the United States, may in a civil action obtain appropriate 
equitable and declaratory relief to eliminate the pattern or practice. 
SEC. 210402. DATA ON USE OF EXCESSIVE FORCE. 
(a) ATTORNEY GENERAL TO COLLECT.—The Attorney General 
shall, through appropriate means, acquire data about the use of 
excessive force by law enforcement officers. 
(b) LIMITATION ON USE OF DATA.—Data acquired under this 
section shall be used only for research or statistical purposes and 
may not contain any information that may reveal the identity 
of the victim or any law enforcement officer. 
42 u s e 14141. 
Records. 
42 u s e 14142. 
108 STAT. 2072 
Publication. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
42 u s e 14151. 
Native 
Americans. 
Native 
Americans. 
(c) ANNUAL SUMMARY.—The Attorney General shall publish 
an annual summary of the data acquired under this section. 
Subtitle E—Improved Training and 
Technical Automation 
SEC. 210501. IMPROVED TRAINING AND TECHNICAL AUTOMATION. 
(a) GRANTS.— 
(1) IN GENERAL.—^The Attorney General shall, subject to 
the availability of appropriations, make grants to State, Indian 
tribal, and local criminal justice agencies and to nonprofit 
organizations for the purposes of improving criminal justice 
agency efficiency through computerizea automation and techno-
logical improvements. 
(2) TYPES OF PROGRAMS.—Grants under this section may 
include programs to— 
(A) increase use of mobile digital terminals; 
(B) improve communications systems, such as com-
puter-aided dispatch and incident reporting systems; 
(C) accomplish paper-flow reduction; 
(D) establish or improve ballistics identification pro-
grams; 
(E) increase the application of automated 
fingerprint 
identification systems and their communications on an 
interstate and intrastate basis; and 
(F) improve computerized collection of criminal records. 
(3) FUNDING.—^No funds under this subtitle may be used 
to implement any cryptographic or digital telephony programs. 
(b) TRAINING AND INVESTIGATIVE ASSISTANCE.— 
(1) IN GENERAL.—^The Attorney (Jeneral shall, subject to 
the availability of appropriations— 
(A) expand sind improve investigative and managerial 
training courses for State, Indian tribal, and local law 
enforcement agencies; and 
(B) develop and implement, on a pilot basis with no 
more than 10 participating cities, an intelligent information 
system that gathers, integrates, organizes, and analyzes 
information in active support of investigations bv Federal, 
State, and local law enforcement agencies of violent serial 
crimes. 
(2) 
IMPROVEMENT 
OF FACILITIES.—^The 
improvement 
described in subsection (a) shall include improvements of the 
training facilities of the Federal Bureau of Investigation Acad-
emy at Quantico, Virginia. 
(3) INTELLIGENT INFORMATION SYSTEM.—^The intelligent 
information system described in paragraph (1)(B) shall be devel-
oped and implemented by the Federal Bureau of Investigation 
and shall utilize the resources of the Violent Criminal 
Apprehension Program. 
(c) AUTHORIZATION OF APPROPRIATIONS.—-There are authorized 
to be appropriated— 
(1) to carry out subsection (a)— 
(A) $10,000,000 for fiscal year 1996; 
(B) $20,000,000 for fiscal year 1997; 
(C) $23,000,000 for fiscal year 1998; 
(D) $23,000,000 for fiscal year 1999; and 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2073 
(E) $24,000,000 for fiscal year 2000. 
(2) to carry out subsection (b)(1)— 
(A) $4,000,000 for fiscal year 1996; 
(B) $2,000,000 for fiscal year 1997; 
(C) $3,000,000 for fiscal year 1998; 
(D) $5,000,000 for fiscal year 1999; and 
(E) $6,000,000 for fiscal year 2000; and 
(3) to carry out subsection (b)(2)— 
$10,000,000 for fiscal year 1996. 
(d) DEFINITIONS.—In this section— 
"Indian tribe" means a tribe, band, pueblo, nation, or other 
organized group or community of Indians, including an Alaska 
Native village (as defined in or established under the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that 
is recognized as eligible for the special programs and services 
provided by the United States to Indians because of their 
status as Indians. 
"State" means a State, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, American Samoa, Guam, and the 
United States Virgin Islands. 
Subtitle F—Other State and Local Aid 
SEC. 210601. REAUTHORIZATION OF OFFICE OF JUSTICE PROGRAMS. 
Section 1001(a) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended— 
(1) in paragraph (1) by striking "1993 and 1994" and insert-
ing "1994 and 1995"; 
(2) in paragraph (2) by striking "1993 and 1994" and insert-
ing "1994 and 1995"; 
(3) in paragraph (3) by striking "1993 and 1994" and insert-
ing "1994 and 1995"; 
(4) in paragraph (5) by striking "1993 and 1994" and insert-
m ing "1994 and 1995"; 
(5) in paragraph (6) by inserting "and 1995" after "1994"; 
(6) in paragraph (7) by striking "1991, 1992, 1993, and 
^ 
1994," and inserting "1994 and 1995"; 
(7) in paragraph (8) by inserting "and 1995" after "1994"; 
and 
(8) in paragraph (9) by inserting "and 1995" after "1994". 
SEC. 210602. FEDERAL ASSISTANCE TO EASE THE INCREASED BUR- 
Grants. 
DENS ON STATE COURT SYSTEMS RESULTING FROM 
^n*racts. 
ENACTMENT OF THIS ACT. 
(a) IN GENERAL.—^The Attorney General shall, subject to the 
availability of appropriation, make grants for States and units 
of local government to pay the costs of providing increased resources 
for courts, prosecutors, public defenders, and other criminal justice 
participants as necessary to meet the increased demands for judicial 
activities resulting from the provisions of this Act and amendments 
made by this Act. 
(b) APPLICATIONS.—In carrying out this section, the Attorney 
General may make grants to, or enter into contracts with public 
or private agencies, institutions, or organizations or individuals 
to carry out any purpose specified in this section. The Attorney 
42 use 14161. 
79-194 O—96—11: QL 3 Part 3 
108 STAT. 2074 
PUBLIC LAW 103-322--SEPT. 13, 1994 
18 use 922 note. 
Motor Vehicle 
Theft 
Prevention Act. 
Greneral shall have final authority over all funds awarded under 
this section. 
(c) RECORDS.—^Each recipient that receives a grant under this 
section shall keep such records as the Attorney Greneral may require 
to facilitate an effective audit. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
(1) $23,000,000 for fiscal year 1996; 
(2) $30,000,000 for fiscal year 1997; 
(3) $30,000,000 for fiscal year 1998; 
(4) $32,000,000 for fiscal year 1999; and 
(5) $35,000,000 for fiscal year 2000, 
to remain available for obligation until expended. 
SEC. 210603. AVAILABIUTY OF VIOLENT CRIME REDUCTION TRUST 
FUND TO FUND ACTIVmES AUTHORIZED BY THE 
BRADY HANDGUN VIOLENCE PREVENTION ACT AND 
THE NATIONAL CHILD PROTECTION ACT OF 1993. 
(a) APPROPRIATIONS.—Of the amounts authorized in Sections 
103(k) and 106(b)(2) of the Brady Handgun Violence Prevention 
Act (18 U.S.C. 922 note) and in section 4(b) of the National Child 
Protection Act of 1993 (42 U.S.C. 5119b(b)), a total of $100,000,000 
for fiscal year 1995, $25,000,000 for fiscal year 1996, and 
$25,000,000 for fiscal year 1997 may be appropriated from the 
Violent Crime Reduction Trust Fund established by this Act. 
(b) TECHNICAL AMENDMENT.—Sections 103(k) and 106(b) of the 
Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) are 
each amended by striking ", which may be appropriated from the 
Violent Crime Reduction Trust Fund,". 
TITLE XXII—MOTOR VEHICLE THEFT 
PREVENTION 
42 u s e 13701 
note. 
42 u s e 14171. 
SEC. 220001. SHORT TITLE. 
This title may be cited as the "Motor Vehicle Theft Prevention 
Act". 
SEC. 220002. MOTOR VEHICLE THEFT PREVENTION PROGRAM. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this section, the Attorney General shall develop, in 
cooperation with the States, a national voluntary motor venicle 
theft prevention program (in this section referred to as the "pro-
gram") under which— 
(1) the owner of a motor vehicle may voluntarily sign 
a consent form with a participating State or locality in which 
the motor vehicle owner— 
(A) states that the vehicle is not normally operated 
under certain specified conditions; and 
(B) agrees to— 
(i) display program decals or devices on the owner's 
vehicle; and 
(ii) permit law enforcement officials in any State 
to stop the motor vehicle and take reasonable steps 
to determine whether the vehicle is being operated 
by or with the permission of the owner, if the vehicle 
is being operated under the specified conditions; and 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2075 
(2) participating States and localities authorize law enforce-
ment officials in the State or locality to stop motor vehicles 
displaying program decals or devices under specified conditions 
and take reasonable steps to determine whether the vehicle 
is being operated by or with the permission of the owner. 
(b) UNIFORM DECAL OR DEVICE DESIGNS.— 
(1) IN GENERAL.—^The motor vehicle theft prevention pro-
t
ram developed pursuant to this section shall include a uniform 
esign or designs for decals or other devices to be displayed 
by motor vehicles participating in the program. 
(2) TYPE OF DESIGN.—^The uniform design shall— 
(A) be highly visible; and 
(B) explicitly state that the motor vehicle to which 
it is affixed may be stopped under the specified conditions 
without additional grounds for establishing a reasonable 
suspicion that the vehicle is being operated unlawfully. 
(c) VOLUNTARY CONSENT FORM,—The voluntary consent form 
used to enroll in the program shall— 
(1) clearly state that participation in the program is vol-
untary; 
(2) clearly explain that participation in the program means 
that, if the participating vehicle is being operated under the 
specified conditions, law enforcement officials may stop the 
vehicle and take reasonable steps to determine whether it 
is being operated by or with the consent of the owner, even 
if the law enforcement officials have no other basis for believing 
that the vehicle is being operated unlawfully; 
(3) include an express statement that the vehicle is not 
normally operated under the specified conditions and that the 
operation of the vehicle under those conditions would provide 
sufficient grounds for a prudent law enforcement officer to 
reasonably believe that tne vehicle was not being operated 
by or with the consent of the owner; £ind 
(4) include any additional information that the Attorney 
General may reasonably require. 
(d) 
SPECIFIED CONDITIONS UNDER WHICH STOPS MAY BE 
AUTHORIZED.— 
(1) IN GENERAL.—The Attorney General shall promulgate Rules. 
; , rules establishing the conditions under which participating 
motor vehicles may be authorized to be stopped under this 
section. These conditions may not be based on race, creed, 
color, national origin, gender, or age. These conditions may 
include— 
(A) the operation of the vehicle during certain hours 
of the day; or 
(B) the operation of the vehicle under other cir-
, cumstances that would provide a sufficient basis for 
establishing a reasonable suspicion that the vehicle was 
not being operated by the owner, or with the consent of 
the owner. 
(2) MORE THAN ONE SET OF CONDITIONS.—The Attorney 
General may establish more than one set of conditions under 
which participating motor vehicles may be stopped. If more 
than one set of conditions is established, a separate consent 
form and a separate design for program decals or devices shall 
be established for each set of conditions. The Attorney General 
may choose to satisfy the requirement of a separate design 
108 STAT. 2076 
PUBLIC LAW 103-322—SEPT. 13, 1994 
for program dec£ils or devices under this paragraph by the 
use of a design color that is clearly distinguishable from other 
design colors. 
(3) No N
E
W CONDITIONS W
I
T
H
O
U
T CONSENT.—After the pro-
gram has begun, the conditions under which a vehicle may 
be stopped if affixed with a certain decal or device design 
may not be expanded without the consent of the owner. 
(4) LIMITED PARTICIPATION BY STATES AND LOCALITIES.— 
A State or locality need not authorize the stopping of motor 
vehicles under all sets of conditions specified under the program 
in order to participate in the program. 
(e) MOTOR VEHICLES FOR HIRE.— 
(1) NOTIFICATION TO LESSEES.—Any person who is in the 
business of renting or leasing motor vehicles and who rents 
or leases a motor vehicle on which a program decal or device 
is afilxed shall, prior to transferring possession of the vehicle, 
notify the person to whom the motor vehicle is rented or leased 
about the program. 
(2) TYPE OF NOTICE.—^The notice required by this subsection 
shall— 
(A) be in writing; 
(B) be in a prominent format to be determined by 
the Attorney General; and 
(C) explain the possibility that if the motor vehicle 
is operated under the specified conditions, the vehicle may 
be stopped by law enforcement officials even if the officials 
have no other basis for believing that the vehicle is being 
operated unlawfully. 
(3) FINE FOR FAILURE TO PROVIDE NOTICE.—Failure to pro-
vide proper notice under this subsection shall be punishable 
by a fine not to exceed $5,000. 
(f) NOTIFICATION OF POLICE.—As a condition of participating 
in the program, a State or locsdity must agree to take reasonable 
steps to ensure that law enforcement officials throughout the State 
or locality are familiar with the program, and with the conditions 
under which motor vehicles may be stopped under the program. 
(g) REGULATIONS.—^The Attorney General shall promulgate 
regulations to implement this section. 
(h) AUTHORIZATION OF APPROPRLVTIONS.—^There are authorized 
to carry out this section. 
(1) $1,500,000 for fiscal year 1996; 
(2) $1,700,000 for fiscal year 1997; and 
(3) $ 1,800,000 for fiscal year 1998. 
SEC. 220003. ALTERING OR REMOVING MOTOR VEHICLE IDENTIFICA-
TION NUMBERS. 
(a) BASIC OFFENSE.—Subsection (a) of section 511 of title 18, 
United States Code, is amended to read as follows: 
"(a) A person who— 
"(1) knowingly removes, obliterates, tampers with, or alters 
an identification number for a motor vehicle or motor vehicle 
part; or 
"(2) with intent to further the theft of a motor vehicle, 
knowingly removes, obliterates, tampers with, or alters a decal 
or device affixed to a motor vehicle pursuant to the Motor 
Vehicle Theft Prevention Act, 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2077 
shall be fined under this title, imprisoned not more than 5 years, 
or both.". 
(b) EXCEPTED PERSONS.—Paragraph (2) of section 511(b) of 
title 18, United States Code, is amended— 
(1) by striking "and" after the semicolon in subparagraph 
(B); 
(2) by striking the period at the end of subparagraph (C) 
and inserting "; and"; and 
(3) by adding at the end the following new subparagraph: 
(D) a person who removes, obliterates, tampers with, 
or alters a decal or device affixed to a motor vehicle pursu-
ant to the Motor Vehicle Theft Prevention Act, if that 
person is the owner of the motor vehicle, or is authorized 
to remove, obliterate, tamper with or alter the decal or 
device by— 
"(i) the owner or his authorized agent; 
"(ii) applicable State or local law; or 
"(iii) regulations promulgated by the Attorney Gren-
eral to implement the Motor Vehicle Theft Prevention 
Act.". 
(c) DEFINITION.—Section 511 of title 18, United States Code, 
is amended by adding at the end thereof the following: 
"(d) For purposes of subsection (a) of this section, the term 
'tampers with includes covering a program decal or device affixed 
to a motor vehicle pursuant to the Motor Vehicle Theft Prevention -"-^ 
Act for the purpose of obstructing its visibility.". 
(d) UNAUTHORIZED APPLICATION OF A DECAL OR DEVICE.— 
(1) IN GENERAL.—Chapter 25 of title 18, United States 
Code, is amended by adding after section 511 the following 
new section: 
"§511A. Unauthorized application of theft prevention decal 
or device 
"(a) Whoever affixes to a motor vehicle a theft prevention 
decal or other device, or a replica thereof, unless autnorized to 
do 80 pursuant to the Motor Vehicle Theft Prevention Act, shall 
be punished by a fine not to exceed $1,000. 
"(b) For purposes of this section, the term 'theft prevention 
decal or device' means a decal or other device designed in accordance 
with a uniform design for such devices developed pursuant to the 
Motor Vehicle Theft Prevention Act.". 
(2) TECHNICAL AMENDMENT.—The chapter analysis for 
chapter 25 of title 18, United States Code, is amended by 
adding after the item relating to section 511 the following 
new item: 
"SllA. Unauthorized application of theft prevention decal or device.". 
TITLE XXIII—VICTIMS OF CRIME 
Subtitle A—Victims of Crime 
SEC. 230101. VICTIM'S RIGHT OF ALLOCUTION IN SENTENCING. 
28 USC 2074 
(a) MODIFICATION OF PROPOSED AMENDMENTS.—The proposed 
if&tivedate. 
amendments to the Federal Rules of Criminal Procedure which 
are embraced by an order entered by the Supreme Court of the 
108 STAT. 2078 
PUBLIC LAW 103-322—SEPT. 13, 1994 
United States on April 29, 1994, shall take effect on December 
1, 1994, as otherwise provided by law, but with the following 
amendments: 
(b) IN GENERAL.—Rule 32 of the Federal Rules of Criminal 
18 use app. 
Procedure is amended by— 
(1) striking "and" following the semicolon in subdivision 
(c)(3)(C); 
(2) striking the period at the end of subdivision (c)(3)(D) 
and inserting "; and"; 
(3) inserting after subdivision (c)(3)(D) the following: 
"(E) if sentence is to be imposed for a crime of violence 
or sexual abuse, address the victim personally if the victim 
is present at the sentencing hearing and determine if the 
victim wishes to make a statement or present any informa-
tion in relation to the sentence."; 
(4) in subdivision (c)(3)(D), striking "equivalent oppor-
tunity" and inserting in lieu thereof "opportunity equivalent 
to that of the defendant's counsel"; 
(5) in the last sentence of subdivision (c)(4), striking "and 
(D)" and inserting "(D), and (E)"; 
(6) in the last sentence of subdivision (c)(4), inserting "the 
victim," before "or the attorney for the Government."; and 
(7) adding at the end the following: 
"(0 DEFINITIONS.—^For purposes of this rule— 
"(1) Victim' means any individual against whom an offense 
has been committed for which a sentence is to be imposed, 
but the right of allocution under subdivision (c)(3)(E) may be 
exercised instead by— 
"(A) a parent or legal guardian if the victim is below 
the age of eighteen years or incompetent; or 
"(B) one or more family members or relatives des-
ignated by the court if the victim is deceased or incapaci-
tated; 
if such person or persons are present at the sentencing hearing, 
regardless of whether the victim is present; and 
"(2) 'crime of violence or sexual abuse' means a crime 
that involved the use or attempted or threatened use of physical 
force against the person or property of £inother, or a crime 
under chapter 109A of title 18, United States Code.". 
(c) EFFECTIVE DATE.—^The amendments made by subsection 
(b) shall become effective on December 1,1994. 
SEC. 230102. SENSE OF THE SENATE CONCERNING THE RIGHT OF A 
VICTIM OF A VIOLENT CRIME OR SEXUAL ABUSE TO 
SPEAK AT AN OFFENDER'S SENTENCING HEARING AND 
ANY PAROLE HEARING. 
It is the sense of the Senate that— 
(1) the law of a State should provide for a victim's right 
of allocution at a sentencing hearing and at any parole hearing 
if the offender has been convicted of a crime of violence or 
sexual abuse; 
(2) such a victim should have an opportunity equivalent 
to the opportunity accorded to the offender to address the 
sentencing court or parole board and to present information 
in relation to the sentence imposed or to the early release 
of the offender; and 
w^m-' 
PUBLIC LAW 103~322-SEPT. 13, 1994 
108 STAT. 2079 
(3) if the victim is not able to or chooses not to testify 
at a sentencing hearing or parole hearing, the victim's parents, 
legal guardian, or family members should have the right to 
address the court or board. 
Subtitle B—-Crime Victims' Fund 
SEC. 230201. ALLOCATION OF FUNDS FOR COSTS AND GRANTS. 
(a) GENERALLY.—Section 1402(d) of the Victims of Crime Act 
of 1984 (42 U.S.C. 10601(d)) is amended by— 
(1) striking paragraph (2) and inserting the following: 
"(2) the next $10,000,000 deposited in the Fund shall be 
available for grants under section 1404A."; 
(2) striking paragraph (3) and inserting the following: 
"(3) Of the remaining amount deposited in the Fund in 
a particular fiscal year— 
"(A) 48.5 percent shall be available for grants under 
section 1403; 
"(B) 48.5 percent shall be available for grants under 
section 1404(a); and 
"(C) 3 percent shall be available for grants under sec-
tion 1404(c)."; 
(3) striking paragraph (4) and inserting the following: 
"(4) The Director may retain any portion of the Fund that 
was deposited during a fiscal year that is in excess of 110 
percent of the total amount deposited in the Fund during 
the preceding fiscal year as a reserve for use in a year in 
which the Fund falls below the amount available in the previous 
year. Such reserve may not exceed $20,000,000."; and 
(4) striking paragraph (5). 
(b) CONFORMING CROSS REFERENCE,—Section 1402(g)(1) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10601(g)(1)) is amended 
by striking "(d)(2)(D)" and inserting "(d)(2)". 
SEC. 230202. RELATIONSHIP OF CRIME VICTIM COMPENSATION TO 
CERTAIN FEDERAL PROGRAMS. 
Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 
10602) is amended by adding at the end the following new sub-
section: 
"(e) Notwithstanding any other law, if the compensation paid 
by an eligible crime victim compensation program would cover 
costs that a Federal program, or a federally financed State or 
local program, would otherwise pay,— 
"(1) such crime victim compensation program shall not 
pay that compensation; and 
"(2) the other program shall make its payments without 
regard to the existence of the crime victim compensation pro-
gram.". 
SEC. 230203. ADMINISTRATIVE COSTS FOR CRIME VICTIM COMPENSA-
TION. 
(a) CREATION OF EXCEPTION.—The final sentence of section 
1403(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 
10602(a)(1)) is amended by striking "A grant" and inserting "Except 
as provided in paragraph (3), a grant". 
108 STAT. 2080 
PUBLIC LAW 103-322—SEPT. 13, 1994 
Certification. 
(b) REQUIREMENTS OF EXCEPTION.—Section 1403(a) of the Vic-
tims of Crime Act of 1984 (42 U.S.C. 10602(a)) is amended by 
adding at the end the following new paragraph: 
"(3) Not more than 5 percent of a grant made under this 
section may be used for the administration of the State crime 
victim compensation program receiving the grant.". 
SEC. 230204. GRANTS FOR DEMONSTRATION PROJECTS. 
Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42 
U.S.C. 10603(c)(1)(A)) is amended by inserting "demonstration 
projects and" before "training". 
SEC. 230205. ADMINISTRATIVE COSTS FOR CRIME VICTIM ASSISTANCE. 
(a) CREATION OF EXCEPTION.—Section 1404(b)(2) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10603(b)(2)) is amended by striking 
"An eligible" and inserting "Except as provided in paragraph (3), 
an eligible". 
(b) REQUIREMENTS OF EXCEPTION.—Section 1404(b) of the Vic-
tims of Crime Act of 1984 (42 U.S.C. 10603(b)) is amended by 
adding at the end the following new subsection: 
"(3) Not more than 5 percent of sums received under subsection 
(a) may be used for the administration of the State crime victim 
assistance program receiving such sums.". 
SEC. 230206. MAINTENANCE OF EFFORT. 
Section 1407 of the Victims of Crime Act of 1984 (42 U.S.C. 
10604) is amended by adding at the end the following new sub-
section: 
"(h) Each entity receiving sums made available under this 
Act for administrative purposes shall certify that such sums will 
not be used to supplant State or local funds, but will be used 
to increase the amount of such funds that would, in the absence 
of Federal funds, be made available for these purposes.". 
SEC. 230207. CHANGE OF DUE DATE FOR REQUIRED REPORT. 
Section 1407(g) of the Victims of Crime Act of 1984 (42 U.S.C. 
10604(g)) is amended by striking "and on December 31 every two 
years thereafter", and inserting "and on June 30 every two years 
thereafter". 
SEC. 230208. AMENDMENT OF THE VICTIMS OF CRIME ACT. 
Section 1404(a)(5)(B) of the Victims of Crime Act of 1984 (42 
U.S.C. 10603(a)(5)(B)) is amended to read as follows: 
"(B) $200,000 thereafter.". 
TITLE 
XXIV- PROTECTIONS 
FOR 
THE 
ELDERLY 
Voluntary 
organizations. 
42 use 14181. 
SEC. 240001. MISSING ALZHEIMER'S DISEASE PATIENT ALERT PRO-
GRAM. 
(a) GRANT.—^The Attorney General shall, subject to the avail-
ability of appropriations, award a grant to an eligible organization 
to assist the organization in paying for the costs of planning, design-
ing, establishing, and operating a Missing Alzheimer's Disease 
Patient Alert Program, which shall be a locally based, proactive 
program to protect and locate missing patients with Alzheimer's 
disease and related dementias. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2081 
(b) APPLICATION.—^To be eligible to receive a grant under sub-
section (a), an organization shall submit an application to the 
Attorney General at such time, in such manner, and containing 
such information as the Attorney General may require, including, 
at a minimum, an assurance that the organization will obtain 
and use assistance from private nonprofit organizations to support 
the program. 
(c) ELIGIBLE ORGANIZATION.—^The Attorney General shall award 
the grant described in subsection (a) to a national voluntary 
organization that has a direct link to patients, and families of 
patients, with Alzheimer's disease and related dementias. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
(1) $900,000 for fiscal year 1996; 
(2) $900,000 for fiscal year 1997; and 
(3) $900,000 for fiscal year 1998. 
SEC. 240002. CRIMES AGAINST THE ELDERLY. 
28 USC 994 note. 
(a) IN GENERAL.—^Pursuant to its authority under the Sentenc-
ing Reform Act of 1984 and section 21 of the Sentencing Act 
of 1987 (including its authority to amend the sentencing guidelines 
and policy statements) and its authority to make such amendments 
on an emergency basis, the United States Sentencing Commission 
shall ensure that the applicable guideline range for a defendant 
convicted of a crime of violence against an elderly victim is suffi-
ciently stringent to deter such a crime, to protect the public from 
additional crimes of such a defendant, and to adequately reflect 
the heinous nature of such an offense. 
(b) CRITERL\.—In carrying out subsection (a), the United States 
Sentencing Commission shall ensure that— 
(1) the guidelines provide for increasingly severe punish-
ment for a defendant commensurate with the degree of physical 
harm caused to the elderly victim; 
(2) the guidelines take appropriate account of the vulner-
ability of the victim; and 
(3) the guidelines provide enhanced punishment for a 
defendant convicted of a crime of violence against an elderly 
victim who has previously been convicted of a crime of violence 
against an elderly victim, regardless of whether the conviction 
occurred in Federgd or State court. 
(c) DEFINITIONS.—In this section— 
"crime of violence" means an offense imder section 113, 
114, 1111, 1112, 1113, 1117, 2241, 2242, or 2244 of title 18, 
United States Code. 
"elderly victim" means a victim who is 65 years of age 
or older at the time of an offense. 
TITLE XXV—SENIOR CITIZENS AGAINST 
Jg^P*'^"' 
MARKETING SCAMS 
ACTO?&^^™' 
SEC. 250001. SHORT TITLE. 
This Act may be cited as the "Senior Citizens Against Market-
ing Scams Act of 1994". 
18 USC 2325 
note. 
108 STAT. 2082 
PUBLIC LAW 103-322—SEPT. 13, 1994 
SEC. 260002. ENHANCED PENALTIES FOR TELEMARKETING FRAUD. 
(a) OFFENSE.—Part I of title 18, United States Code, is 
amended— 
(1) by redesignating chapter 113A as chapter 113B; and 
(2) by inserting after chapter 113 the following new chapter: 
"CHAPTER 113A—TELEMARKETING FRAUD 
"Sec. 
"2325. Definition. 
"2326. Enhanced penalties. 
"2327. Mandatory restitution. 
"
<
§ 2325. Definition 
"In this chapter, telemarketing*— 
"(1) means a plan, program, promotion, or campaign that 
is conducted to induce— 
"(A) purchases of goods or services; or 
"(B) participation in a contest or sweepstakes, 
by use of 1 or more interstate telephone calls initiated either 
by a person who is conducting the plan, program, promotion, 
or campaign or by a prospective purchaser or contest or sweep-
stakes participant; but 
"(2) does not include the solicitation of sales through the 
mailing of a catalog that— 
"(A) contains a written description or illustration of 
the goods or services offered for sale; 
"(B) includes the business address of the seller; 
"(C) includes multiple pages of written material or 
illustration; and 
"(D) has been issued not less frequently than once 
a year, 
if the person making the solicitation does not solicit customers 
by telephone but only receives calls initiated by customers 
in response to the catalog and during those calls takes orders 
without further solicitation. 
*
"
§ 2326. Enhanced penalties 
"A person who is convicted of an offense under section 1028, 
1029, 1341, 1342, 1343, or 1344 in connection with the conduct 
of telemarketing— 
"(1) may be imprisoned for a term of up to 5 years in 
addition to any term of imprisonment imposed under any of 
those sections, respectively; and 
"(2) in the case of an offense imder any of those sections 
that^ 
"(A) victimized ten or more persons over the age of 
55; or 
"(B) targeted persons over the age of 55, 
may be imprisoned for a term of up to 10 years in addition 
to any term of imprisonment imposed under any of those sec-
tions, respectively. 
Courts. 
^§2327. Mandatory restitution 
"(a) IN GENERAL.—Notwithstanding section 3663, and in addi-
tion to any other civil or criminal penalty authorized by law, the 
court shall order restitution for any offense under this chapter. 
"(b) SCOPE AND NATURE OF ORDER.— 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2083 
"(1) DIRECTIONS.—^The order of restitution under this sec-
tion shall direct that— 
"(A) the defendant pay to the victim (through the 
appropriate court mechanism) the full amount of the vic-
tim's losses as determined by the court, pursuant to para-
graph (3); and 
"(B) the United States Attorney enforce the restitution 
order by all available and reasonable means. 
"(2) ENFORCEMENT BY VICTIM.—An order of restitution may 
be enforced by a victim named in the order to receive the 
restitution as well as by the United States Attorney, in the 
same manner as a judgment in a civil action. 
"(3) DEFINITION.—For purposes of this subsection, the term 
'full amount of the victim's losses' means all losses suffered 
by the victim as a proximate result of the offense. 
"(4) ORDER MANDATORY.—(A) The issuance of a restitution 
order under this section is mandatory. 
"(B) A court may not decline to issue an order under 
this section because of— 
"(i) the economic circumstances of the defendsint; or 
"(ii) the fact that a victim has, or is entitled to, receive 
compensation for his or her injuries from the proceeds 
of insurance or any other source. 
"(CXi) Notwithstanding subparagraph (A), the court may 
take into account the economic circumstances of the defendant 
in determining the manner in which and the schedule according 
to which the restitution is to be paid. 
"(ii) For purposes of this subparagraph, the term 'economic 
circumstances' includes— 
"(I) the financial resources and other assets of the 
defendant; 
"(II) projected earnings, earning capacity, and other 
income of the defendant; and 
"(III) any financial obligations of the defendant, includ-
ing obligations to dependents. 
"(D) Subparagraph (A) does not apply if— 
"(i) the court finds on the record that the economic 
circumstances of the defendant do not allow for the pay-
ment of any amount of a restitution order, and do not 
allow for the payment of £iny or some portion of the amount 
of a restitution order in the foreseeable future (under any 
reasonable schedule of payments); and 
"(ii) the court enters in its order the amount of the 
victim's losses, and provides a nominal restitution award. 
"(5) MORE THAN i OFFENDER.—When the court finds that 
more than 1 offender has contributed to the loss of a victim, 
the court may make each offender liable for pajmient of the 
full amount of restitution or may apportion liability among 
the offenders to reflect the level of contribution and economic 
circumstances of each offender. 
"(6) MORE THAN i VICTIM.—When the court finds that more 
than 1 victim has sustained a loss requiring restitution by 
an offender, the court shsdl order full restitution of each victim 
but may provide for different payment schedules to reflect 
the economic circumstances of each victim. 
108 STAT. 2084 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(7) PAYMENT SCHEDULE.—^An order under this section may 
direct the defendant to make a single lump-sum payment or 
partial payments at specified intervals. 
"(8) SETOFF.—^Any amount paid to a victim under this 
section shall be set off against any amount later recovered 
as compensatory damages by the victim from the defendant 
in— 
"(A) any Federal civil proceeding; and 
"(B) any State civil proceeding, to the extent provided 
by the law of the State. 
"(9) EFFECT ON OTHER SOURCES OF COMPENSATION.—^The 
issuance of a restitution order shall not affect the entitlement 
of a victim to receive compensation with respect to a loss 
from insurance or any other source until the payments actu£dly 
received by the victim under the restitution order fully com-
pensate the victim for the loss. 
"(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.— 
Compliance with a restitution issued under this section shall 
be a condition of any probation or supervised release of a 
defendant. The court may revoke probation or a term of super-
vised release, modify the terms or conditions of probation or 
a term of supervised release, hold the defendant in contempt 
pursuant to section 3583(e), or suspend the offender's eligibility 
for any grant, contract, loan, professional license, or commercial 
license provided by an agency of the United States or with 
appropriated funds of the United States if the defendant fails 
to comply with the order. In determining whether to revoke 
. 
probation or a term of supervised release, modify the terms 
or conditions of probation or supervised release or hold a 
defendant serving a term of supervised release in contempt, 
the court shall consider the defendant's employment status, 
earning ability and financial resources, the willfulness of the 
defendant's failure to comply, and any other circumstances 
that may have a bearing on the defendant's ability to comply. 
"(c) PROOF OF CLAIM.— 
"(1) AFFIDAVIT.—^Within 60 days after conviction and, in 
any event, not later than 10 days prior to sentencing, the 
•' United States Attorney (or the United States Attorney's 
delegee), after consulting with the victim, shall prepare and 
file £in affidavit with the court listing the amounts subject 
;
* 
to restitution under this section. The affidavit shall be signed 
by the United States Attorney (or the United States Attorneys 
delegee) and the victim. Should the victim object to any of 
the information included in the affidavit, the United States 
Attorney (or the United States Attorneys delegee) shall advise 
the victim that the victim may file a separate affidavit and 
shall provide the victim with an affidavit form which may 
be used to do so. 
"(2) OBJECTION.—^If, after the defendant has been notified 
of the affidavit, no objection is raised by the defendant, the 
amounts attested to in the affidavit filed pursuant to paragraph 
(1) shall be entered in the court's restitution order. If objection 
is raised, the court may require the victim or the United States 
Attorney (or the United States Attorney's delegee) to submit 
further affidavits or other supporting documents, demonstrating 
the victim's losses. 
PUBLIC LAW 103-322-SEPT. 13, 1994 
108 STAT. 2085 
"(3) ADDITIONAL DOCUMENTATION AND TESTIMONY.—If the 
Records, 
court concludes, after reviewing the supporting documentation 
and considering the defendant's objections, that there is a 
substantial reason for doubting the authenticity or veracity 
of the records submitted, the court may require additional 
documentation or hear testimony on those questions. The pri- Privacy, 
vacy of any records filed, or testimony heard, pursuant to 
this section shall be maintained to the greatest extent possible, 
and such records may be filed or testimony heard in camera. 
"(4) FINAL DETERMINATION OF LOSSES.—If the victim's 
losses are not ascertainable by the date that is 10 days prior 
to sentencing as provided in paragraph (1), the Unitea States 
Attorney (or the United States Attorneys delegee) shall so 
inform the court, and the court shall set a date for the final 
determination of the victim's losses, not to exceed 90 days 
after sentencing. If the victim subsequently discovers further 
losses, the victim shall have 60 days after discovery of those 
losses in which to petition the court for an amended restitution 
order. Such order may be granted only upon a showing of 
good cause for the failure to include such losses in the initial 
claim for restitutionary relief. 
"(d) MODIFICATION OF ORDER.—^A victim or the offender may 
petition the court at any time to modify a restitution order as 
appropriate in view of a change in the economic circumstances 
of the offender. 
"(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER.—The 
court may refer any issue arising in connection with a proposed 
order of restitution to a magistrate or special master for proposed 
findings of fact and recommendations as to disposition, subject 
to a de novo determination of the issue by the court. 
"(f) DEFINITION.—^For purposes of this section, the term 'victim' 
includes the individual harmed as a result of a commission of 
a crime under this chapter, including, in the case of a victim 
who is incompetent, incapacitated, or deceased, the legal guardian 
of the victim or representative of the victim's estate, another family 
member, or any other person appointed as suitable by the court, 
but in no event shall the defendant be named as such representative 
or gUEU*dian.". 
(b) TECHNICAL AMENDMENTS.— 
(1) PART ANALYSIS.—The part analysis for part I of title 
18, United States Code, is amended b^ striking the item relat-
ing to chapter 113A and inserting the following: 
"113A. Telemarketing 
fraud 
2325 
"113B. Terrorism 
2331". 
(2) CHAPTER USE.—The chapter heading for chapter 113B 
of title 18, United States Code, as redesignated by subsection 
(a)(1), is amended to read as follows: 
"CHAPTER 113B—TERRORISAT. 
SEC. 2S0003. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VIC-
TIMS. 
(a) REVIEW.—^The United States Sentencing Commission shall 
review and, if necessary,, amend the sentencing guidelines to ensure 
that victim related adjustments for fraud offenses against older 
victims over the age of 55 are adequate. 
28 use 994 note. 
108 STAT. 2086 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(b) REPORT.—^Not later than 180 days after the date of enact-
ment of this Act, the Sentencing Commission shall report to Con-
gress the result of its review under subsection (a). 
SEC. 250004. REWARDS FOR INFORMATION LEADING TO PROSECUTION 
AND CONVICTION. 
Section 3059 of title 18, United States Code, is amended by 
adding at the end the following new subsection: 
"(c)(1) In special circumstances and in the Attorney Greneral's 
sole discretion, the Attorney General may make a payment of 
up to $10,000 to a person who furnishes information unknown 
to the Government relating to a possible prosecution under section 
2326 which results in a conviction. 
"(2) A person is not eligible for a payment under paragraph 
(1) if— 
"(A) the person is a current or former officer or employee 
of a Federal, State, or local government agency or instrumental-
ity who furnishes information discovered or gathered in the 
course of government employment; 
"(B) the person knowingly participated in the offense; 
"(C) the information mmished by the person consists of 
an allegation or transaction that has been disclosed to the 
public— 
"(i) in a criminal, civil, or administrative proceeding; 
"(ii) in a congressional, administrative, or General 
Accounting Office report, hearing, audit, or investigation; 
or 
"(iii) by the news media, unless the person is the 
original source of the information; or 
"(D) when, in the judgment of the Attorney Greneral, it 
appears that a person whose illegal activities are being pros-
ecuted or investigated could benefit from the award. 
"(3) For the purposes of paragraph (2)(C)(iii), the term 'original 
source' means a person who nas direct and independent knowledge 
of the information that is furnished and has voluntarily provided 
the information to the Grovemment prior to disclosure by the news 
media. 
"(4) Neither the failure of the Attorney General to authorize 
a pajnnent under paragraph (1) nor the amount authorized shall 
be subject to judicial review.". 
SEC. 250005. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for the purposes of 
carrying out this Act and the amendments made by this Act— 
(1) for the Federal Bureau of Investigation to hire, equip, 
and train special agents and support staff to investigate 
telemarketing fraud cases— 
(A) $750,000 for fiscal year 1996; 
(B) $1,500,000 for fiscal year 1997; 
(C) $1,500,000 for fiscal year 1998; 
(D) $1,800,000 for fiscal year 1999; and 
(E) $1,950,000 for fiscal year 2000; 
(2) to hire, equip, and train Department of Justice attor-
neys, assistant United States Attorneys, and support staff to 
prosecute telemarketing fraud cases— 
(A) $250,000 for fiscal year 1996; 
(B) $500,000 for fiscal year 1997; 
(C) $500,000 for fiscal year 1998; 
PUBLIC LAW 103-322--SEPT. 13, 1994 
108 STAT. 2087 
(D) $600,000 for fiscal year 1999; and 
(E) $650,000 for fiscal year 2000; and 
(3) for the Department of Justice to conduct, in cooperation 
with State and local law enforcement agencies and senior citi-
zen advocacy organizations, public awareness and prevention 
initiatives for senior citizens, such as seminars and training— 
(A) $1,000,000 for fiscal year 1996; 
(B) $2,000,000 for fiscal year 1997; 
(C) $2,000,000 for fiscal year 1998; 
(D) $2,500,000 for fiscal year 1999; and 
(E) $2,500,000 for fiscal year 2000. 
SEC. 250006. BROADENING APPUCATION OF MAIL FRAUD STATUTE. 
Section 1341 of title 18, United States Code, is amended— 
(1) by inserting "or deposits or causes to be deposited 
any matter or thing whatever to be sent or delivered by any 
private or commercial interstate carrier," after "Postal Service,"; 
and 
(2) by inserting "or such carrier" after "causes to be deliv-
ered by mail", 
SEC. 280007. FRAUD AND RELATED ACTIVnY IN CONNECTION WITH 
ACCESS DEVICES. 
Section 1029 of title 18, United States Code, is amended™ 
(1) in subsection (a)— 
(A) by striking "or" at the end of paragraph (3); and 
(B) by inserting after paragraph (4) the following new 
paragraphs: 
"(5) knowingly and with intent to defraud effects trans-
actions, with 1 or more access devices issued to another person 
or persons, to receive pa3anent or any other thing of value 
during any 1-year perioa the aggregate value of which is equal 
to or greater than $1,000; 
"(6) without the authorization of the issuer of the access 
device, knowingly and with intent to defraud solicits a person 
for the purpose o
f
— 
"(A) oflFering an access device; or 
"(B) selling information regarding or an application 
to obtain an access device; or 
"(7) without the authorization of the credit card system 
member or its agent, knowingly and with intent to defraud 
causes or arranges for another person to present to the member 
or its a^ent, for pa3anent, 1 or more evidences or records of 
transactions made by an access device;"; 
(2) in subsection (c)(1) by striking "(a)(2) or (a)(3)" and 
inserting "(a) (2), (3), (5), (6), or (7)"; and 
(3) in subsection (e)--
(A) by striking "and" at the end of paragraph (5); 
(B) by striking the period at the end of paragraph 
(6) and inserting "; and"; and 
(C) by adding at the end the following new paragraph: 
"(7) the term'credit card system member'means a financial 
institution or other entity that is a member of a credit card 
system, including an entity, whether aftlliated with or identical 
to the credit card issuer, that is the sole member of a credit 
card system.". 
108 STAT. 2088 
PUBLIC LAW 103-322—SEPT. 13, 1994 
18 use 2325 
SEC. 250008. INFORMATION NETWORK. 
(a) HOTLINE.—^The Attorney General shall, subject to the avail-
ability of appropriations, establish a national toll-free hotline for 
the purpose of— 
(1) providing general information on telemarketing fraud 
to interested persons; and 
(2) gathering information related to possible violations of 
this Act. 
(b) ACTION ON INFORMATION GATHERED.—^The Attorney General 
shall work in cooperation with the Federal Trade Commission to 
ensure that information gathered through the hotline shall be acted 
on in an appropriate manner. 
TITLE XXVI—COMMISSION 
MEMBERSHIP AND APPOINTMENT 
SEC. 260001. COMMISSION MEMBERSHIP AND APPOINTMENT. 
(a) MEMBERSHIP.—Section 21 l(B)(f) of Public Law 101-515 (104 
42 use 3721 
Stat. 2123) is amended to read as follows: 
"°*®- 
"(f) NUMBER AND APPOINTMENT.— 
"(1) I N GENERAL.—^The Commission shall be composed of 
29 members as follows: 
"(A) Nine individuals appointed from national law 
enforcement organizations representing law enforcement 
officers, of whom— 
"(i) two shall be appointed by the Speaker of the 
House of Representatives; 
"(ii) two shall be appointed by the majority leader 
of the Senate; 
"(iii) two shall be appointed by the minority leader 
of the House of Representatives; 
"(iv) two shsdl be appointed by the minority leader 
of the Senate; and 
President. 
"(v) one shall be appointed by the President. 
"(B) Nine individuals appointed from national law 
enforcement organizations representing law enforcement 
management, of whom— 
"(i) two shall be appointed by the Speaker of the 
House of Representatives; 
"(ii) two shall be appointed by the majority leader 
of the Senate; 
"(iii) two shall be appointed by the minority leader 
of the House of Representatives; 
"(iv) two shall be appointed by the minority leader 
of the Senate; and 
President. 
"(v) one shall be appointed by the President. 
"(C) Two individuals appointed with academic expertise 
regarding law enforcement issues, of whom— 
"(i) one shall be appointed by the Speaker of the 
House of Representatives and the majority leader of 
the Senate; and 
"(ii) one shall be appointed by the minority leader 
of the Senate and the minority leader of the House 
of Representatives. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2089 
"(D) Two Members of the House of Representatives, 
appointed by the Speaker and the minority leader of the 
House of Representatives. 
"(E) Two Members of the Senate, appointed by the 
majority leader and the minority leader of the Senate. 
"(F) One individual from the Department of Justice, President, 
appointed by the President. 
"(G) Two individuals representing a State or local 
governmental entity, such as a Grovemor, mayor, or State 
attorney general, to be appointed jointly by the majority 
leader and the minority leader of the Senate. 
"(H) Two individuals representing a State or local 
governmental entity, such as a Grovemor, mayor, or State 
attorney general, to be appointed jointly by the Speaker 
and the minority leader of the House of Representatives. 
"(2) COMPTROLLER GENERAL.—^The Comptroller General 
shall serve in an advisory capacity and shall oversee the meth-
odology and approve of the Commission study. 
"(3) CHAIRPERSON.—^Upon their appointment the members 
of the Commission shall select one of their number to act 
as chairperson. 
"(4) APPOINTMENT DATE.—^Members of the Commission 
shall be appointed no later than 90 days after the enactment 
of this Act.". 
(b) REPORT.—Section 211(B)(p) of Public Law 101-515 (104 
Stat. 2124) is amended by striking "the expiration" and all that 
follows through "this Act," and inserting "March 31, 1996,". 
(c) REIMBURSEMENT.— 
(1) Section 211(B)(i) of Public Law 101-515 (104 Stat. 
2124) is amended by striking "non-reimbursable" and inserting 
"a reimbursable". 
(2) Section 211(b)(j) of Public Law 101-515 (104 Stat. 2124) 
is amended by adding after "Commission" the following: ", 
on a reimbursable basis,". 
SEC. 260002. CONFORMING AMENDMENT. 
Section 3404(a) of Pubhc Law 101-647 (42 U.S.C. 3721 note) 
is repealed. 
TITLE XXVII—PRESIDENTIAL SUMMIT 
ON VIOLENCE AND NATIONAL COM-
MISSION ON CRIME PREVENTION AND 
CONTROL 
42 u s e 3721 
note. 
SEC. 270001. PRESroENTIAL SUMMIT. 
42 USC 14191. 
Congress calls on the President to convene a national summit 
on violence in America prior to convening the Commission estab-
lished under this title. 
SEC. 270002. ESTABLISHMENT; COMMITTEES AND TASK FORCES; REP- 
42 USC 14192. 
RESENTAIION. 
(a) ESTABLISHMENT AND APPOINTMENT OF MEMBERS.—There 
is established a commission to be known as the "National Commis-
sion on Crime Control and Prevention". The Commission shall 
be composed of 28 members appointed as follows: 
108 STAT. 2090 
PUBLIC lAW 103-322"- SEPT. 13, 1994 
(1) 10 persons by the President, not more than 6 of whom 
shall be of the same m^orpolitical party. 
(2) 9 persons by the President pro tempore of the Senate, 
5 of whom shall be appointed on tne recommendation of the 
Majority Leader of the Senate and the chairman of the Commit-
tee on the Judiciary of the Senate, and 4 of whom shall be 
appointed on the recommendation of the Minority Leadetr of 
tne Senate and the ranking minority member of the Committee 
on the Judiciary of the Senate. 
(3) 9 persons appointed by the Speaker of the House of 
Representatives, in consultation with the chairman of the 
Committee on the Judiciary of the House of Representatives, 
and 4 of whom shall be appointed on the recommendation 
of the Minority Leader of tne House of Representatives, in 
consultation with the ranking member of the Committee on 
the Judiciary. 
(b) COMMITTEES AND TASK FoRCES.~The Commission shall 
establish committees or task forces from among its members for 
the examination of specific subject areas and the canying out 
of other functions or responsibilities of the Commission, including 
committees or task forces for the examination of the subject areas 
of crime and violence generally, the causes of the demand for 
drugs, violence in schools, and violence against women, as described 
in subsections (b) through (e) of section 270004. 
(c) REPRESENTATION.—<1) At least 1 member of the Commission 
appointed by the President, at least 2 members of the Commission 
appointed by the President pro tempore of the Senate, and at 
least 2 members of the Commission appointed by the Speaker 
of the House of Representatives shall oe persons well-qualified 
to participate in the Commission's examination of the subject area 
of crime and violence generally, with education, training, expertise, 
or experience in such areas as law enforcement, law, sociology, 
psychology, social work, and ethnography and urban poverty 
(including health care, housing, education, and employment). 
(2) At least 1 member of the Commission appointed by the 
President, at least 2 members of the Commission appointed by 
the President pro tempore of the Senate, £uid at least 2 members 
of the Commission appointed by the Speaker of the House of Rep-
resentatives shall be persons well-qualified to participate in tne 
Commission's examination of the subject area of the causes of 
the demand for drugs, with education, training, expertise, or experi-
ence in such areas as addiction, biomedicine, sociology, psychology, 
law, and ethnography and urban poverty (including health care, 
housing, education, and employment^ 
(3) At least 1 member of the Commission appointed by the 
President, at least 2 members of the Commission appointed by 
the President pro tempore of the Senate, and at least 2 members 
of the Commission appointed by the Speaker of the House of Rep-
resentatives shall be persons well-c[ualifled to participate in the 
Commission's examination of the subject area of violence in schools, 
with education, training, expertise, or experience in such areas 
as law enforcement, education, school governance policy and teach-
ing, law, sociology, psychology, and ethnography and urban poverty 
(including health care, housing, education, and employnient). 
(4) At least 1 member of the Commission appointed by the 
President, at least 2 members of the Commission appointed by 
the President pro tempore of the Senate, and at least 2 members 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2091 
of the Commission appointed by the Speaker of the House of Rep-
resentatives shall be persons well-qualified to participate in the 
Commission's examination of the subject area of violence against 
women, as survivors of violence, or as persons with education, 
training, expertise, or experience in such areas as law enforcement, 
law, judicial administration, prosecution, defense, victim services 
or advocacy in sexual assault or domestic violence cases (including 
medical services and counseling), and protection of victims' rights. 
SEC. 270003. PURPOSES. 
42 USC 14193. 
The purposes of the Commission are as follows: 
(1) To develop a comprehensive proposal for preventing 
and controlling crime and violence in the United States, includ-
ing cost estimates for implementing any recommendations made 
by the Commission. 
(2) To bring attention to successful models and programs 
in crime prevention and crime control. 
(3) To reach out beyond the traditional criminal justice 
community for ideas for controlling and preventing crime. 
(4) To recommend improvements in the coordination of 
local. State, Federal, and international crime control and 
prevention efforts, including efforts relating to crime near inter-
national borders. 
(5) To make a comprehensive study of the economic and 
social factors leading to or contributing to crime and violence, 
including the causes of illicit drug use and other substance 
abuse, and to develop specific proposals for legislative and 
administrative actions to reduce crime and violence and the 
factors that contribute to it, 
(6) To recommend means of utilizing criminal justice 
resources as effectively as possible, including targeting finite 
correctional facility space to the most serious and violent offend-
ers, and considering increased use of intermediate sanctions 
for offenders who can be dealt with adequately by such means. 
(7) To examine distinctive crime problems and the impact 
of crime on members of minority groups, Indians living on 
reservations, and other groups defined by race, ethnicity, reli-
gion, age, disability, or other characteristics, and to recommend 
specific responses to the distinctive crime problems of such 
groups. 
(8) To examine the problem of sexual assaults, domestic 
violence, and other criminal and unlawful acts that particularly 
affect women, and to recommend Federal, State, and local 
strategies for more effectively preventing and punishing such 
crimes and acts. 
(9) To examine the treatment of victims in Federal, State, 
and local criminal justice systems, and to develop recommenda-
tions to enhance and protect the rights of victims. 
(10) To examine the ability of Federal, State, and local 
criminal justice systems to administer criminal law and crimi-
nal sanctions impartially without discrimination on the basis 
of race, ethnicity, religion, gender, or other legally proscribed 
grounds, and to make recommendations for correcting any defi-
ciencies in the impartial administration of justice on these 
grounds. 
108 STAT. 2092 
PUBLIC LAW 103-322-SEPT. 13, 1994 
(11) To examine the nature, scope, causes, and complexities 
of violence in schools and to recommend a comprehensive 
response to that problem. 
42 use 14194. 
SEC. 270004. RESPONSmiLITIES OP THE COMMISSION. 
(a) IN GENERAL.—The responsibilities of the Commission shall 
include such study and consultation as may be necessary or appro-
priate to carry out the purposes set forth in section 270003, includ-
ing the speciflc measures described in subsections (b) through (e) 
in relation to the subject areas addressed in those subsections. 
(b) CRIME AND VIOLENCE GENERALLY.—In addressing the sub-
ject of crime and violence generally, the activities of the Commission 
shall include the following: 
(1) Reviewing the effectiveness of traditional criminal jus-
tice approaches in preventing and controlling crime and 
violence. 
(2) Examining the impact that changes in Federal and 
State law have had in controlling crime and violence. 
(3) Examining the impact of changes in Federal immigra-
tion laws and policies and increased development and growth 
along United States international borders on crime and violence 
in the United States, particularly among the Nation's youth. 
(4) Examining the problem of youth gangs and providing 
recommendations as to how to reduce youth involvement in 
violent crime. 
(5) Examining the extent to which the use of dangerous 
weapons in the commission of crime has contributed to violence 
and murder in the United States. 
(6) Convening field hearings in various regions of the coun-
try to receive testimony from a cross section of criminal justice 
professionals, business leaders, elected officials, medical doc-
tors, and other persons who wish to participate. 
(7) Reviewing all segments of the Nation's criminal justice 
systems, including the law enforcement, prosecution, defense, 
judicial, and corrections components in developing the crime 
control and prevention proposal. 
(c) CAUSES OF THE DEMAND FOR DRUGS.—In addressing the 
subject of the causes of the demand for drugs, the activities of 
the Commission shall include the following: 
(1) Examining the root causes of illicit drug use and abuse 
in the United States, including by compiling existing research 
regarding those root causes, and including consideration of 
the following factors: 
(A) The characteristics of potential illicit drug users 
and abusers or drug traffickers, including age and social, 
economic, and educational backgrounds. 
(B) Environmental factors that contribute to illicit drug 
use and abuse, including the correlation between unemploy-
ment, poverty, and homelessness and drug experimentation 
and abuse. 
(C) The effects of substance use and abuse by a relative 
or friend in contributing to the likelihood and desire ci 
an individual to experiment with illicit drugs. 
(D) Aspects of, and changes in cultural values, atti-
tudes and traditions that contribute to illicit drug use 
and abuse. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2093 
(E) The physiological and psychological factors that 
contribute to the desire for illicit arugs. 
(2) Evaluating Federal, State, and local laws and policies 
on the prevention of drug abuse, control of unlawful production, 
distribution £ind use of controlled substances, and the efficacy 
of sentencing policies with regard to those laws. 
(3) Analyzing the allocation of resources among interdiction 
of controlled, substances entering the United States, enforce-
ment of Federal laws relating to the unlawful production, dis-
tribution, and use of controlled substances, education with 
regard to and the prevention of the unlawful use of controlled 
substances, and treatment and rehabilitation of drug abusers. 
(4) Analyzing current treatment and rehabilitation methods 
and making recommendations for improvements. 
(5) Identifying any existing gaps in drug abuse policy that 
result from the lack of attention to the root causes of drug 
abuse. 
(6) Assessing the needs of government at all levels for 
resources and policies for reducing the overall desire of individ-
uals to experiment with and abuse illicit drugs. 
(7) Making recommendations regarding necessary improve-
ments in policies for reducing the use of illicit drugs in the 
United States. 
(d) VIOLENCE IN SCHOOLS.—^In addressing the subject of violence 
in schools, the activities of the Commission shall include the follow-
ing: 
(1) Defining the causes of violence in schools. 
(2) Defining the scope of the national problem of violence 
in schools. 
(3) Providing statistics and data on the problem of violence 
in schools on a State-by-State basis. 
(4) Investigating the problem of youth gangs and their 
relation to violence in schools and providing recommendations 
on how to reduce youth involvement in violent crime in schools. 
(5) Examining the extent to which dangerous weapons have 
contributed to violence and murder in schools. 
(6) Exploring the extent to which the school environment 
has contributed to violence in schools. 
IM 
(7) Reviewing the effectiveness of current approaches in 
preventing violence in schools. 
(e) VIOLENCE AGAINST WOMEN.—In addressing the subject of 
sexual assault, domestic violence, and other criminal and unlawful 
acts that particularly affect women, the activities of the Commission 
shall include the following: 
(1) Evaluating the adequacy of, and making recommenda-
tions regarding, current law enforcement efforts at the Federal, 
State, and local levels to reduce the incidence of such crimes 
and acts, and to punish those responsible for such crimes and 
acts. 
(2) Evaluating the adequacy of, and making recommenda-
tions regarding, the responsiveness of prosecutors and courts 
to such crimes and acts. 
(3) Evaluating the adequacy of rules of evidence, practice, 
and procedure to ensure the effective prosecution and conviction 
of perpetrators of such crimes and acts and to protect victims 
of such crimes and acts from abuse in legal proceedings, making 
recommendations, where necessary, to improve those rules. 
108 STAT. 2094 
PUBLIC LAW 103-322—SEPT. 13, 1994 
42 use 14195. 
42 use 14196. 
(4) Evaluating the adequacy of pretrial release, sentencing, 
incarceration, and post-conviction release in relation to such 
crimes and acts. 
(5) Evaluating the adequacy of, and making recommenda-
tions regarding, the adequacy of Federal and State laws on 
sexual assault and the neea for a more uniform statutory 
response to sex offenses, including sexual assaults and other 
sex offenses committed by offenders who are known or related 
by blood or marriage to the victim. 
(6) Evaluating the adequacy of, and making recommenda-
tions regarding, the adequacy of Federal and State laws on 
domestic violence and the need for a more uniform statutory 
response to domestic violence. 
(7) Evaluating the adequacy of, and making recommenda-
tions regarding, the adequacy of current education, prevention, 
and protective services for victims of such crimes and acts. 
(8) Assessing the issuance, formulation, and enforcement 
of protective orders, whether or not related to a criminal 
proceeding, and making recommendations for their more effec-
tive use in domestic violence and stalking cases. 
(9) Assessing the problem of stalking and recommending 
effective means of response to the problem. 
(10) Evaluating the adequacy of, and making recommenda-
tions regarding, programs for public awareness and public 
dissemination of information to prevent such crimes and acts. 
(11) Evaluating the treatment of victims of such crimes 
and acts in Federal, State, and local criminal justice systems, 
and making recommendations designed to improve such treat-
ment. 
SEC. 270005. ADMINISTRATIVE MATTERS. 
(a) CHAIR.—^The President shall designate a member of the 
Commission to chair the Commission. 
(b) No ADDITIONAL PAY OR BENEFITS; PER DIEM.—^Members 
of the Commission shall receive no pay or benefits by reason of 
their service on the Commission, but shsdl receive travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under sections 5702 and 5703 of title 5, 
United States Code. 
(c) VACANCIES.—Vacancies on the Commission shall be filled 
in the same manner as initial appointments. 
(d) MEETINGS OPEN TO THE PUBLIC—The Commission shall 
be considered to be an agency for the purposes of section 552b 
of title 5, United States Code, relating to the requirement that 
meetings of Federal agencies be open to the public. 
SEC. 270006. STAFF AND SUPPORT SERVICES. 
(a) DIRECTOR.—^With the approval of the Commission, the chair-
person shall appoint a staff director for the Commission. 
(b) STAFF.—^With the approval of the Commission, the staff 
director may appoint and fix the compensation of staff personnel 
for the Commission. 
(c) CIVIL SERVICE LAWS.—^The staff of the Commission shall 
be appointed without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive service. 
Staff compensation may be set without regard to the provisions 
of chapter 51 and subchapter III of chapter 53 of that title relating 
to classification and Greneral Schedule pay rates, but in no event 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2095 
shall any such personnel be compensated at a rate greater than 
the rate of basic pay for level ES-4 of the Senior Executive Service 
Schedule under section 5382 of that title. The staff director shall 
be paid at a rate not to exceed the rate of basic pay for level 
V of the Executive Schedule. 
(d) CONSULTANTS.—^With the approval of the Commission, the 
staff director may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code. 
(e) STAFF OF FEDERAL AGENCIES.—Upon the request of the 
Commission, the head of anv Federal agency may detail, on a 
reimbursable basis, personnel of that agency to the Commission 
to assist in carrying out its duties. 
(f) PHYSICAL FACILITIES.—The Administrator of the General 
Service Administration shall provide suitable office space for the 
operation of the Commission. The facilities shall serve as the head-
quarters of the Commission and shall include all necessary equip-
ment and incidentals required for proper functioning. 
SEC. 270007. POWERS. 
42 USC 14197. 
(a) HEARINGS.—^For the purposes of carrying out this title, 
the Commission may conduct such hearings, sit and act at such 
times and places, take such testimony, and receive such evidence, 
as the Commission considers appropriate. The Commission may 
administer oaths before the Commission. 
(b) DELEGATION.—^Any committee, task force, member, or agent, 
of the Commission may, if authorized by the Commission, take 
any action that the Commission is authorized to take under this 
title. 
(c) ACCESS TO INFORMATION.—^The Commission may request 
directly from any Federal agency or entity in the executive or 
legislative branch such information as is needed to carry out its 
functions. 
(d) MAIL.—^The Commission may use the United States mails 
in the same manner and under the same conditions as other Federal 
agencies. 
SEC. 270008. REPORT; TERMINATION. 
42 USC 14198. 
Not later than 2 years after the date on which the Commission 
is fully constituted under section 270001, the Commission shall 
submit a detailed report to the Congress and the President contain-
ing its findings and recommendations. The Commission shall termi-
nate 30 days after the submission of its report. 
SEC. 270009. AUTHORIZATION OF APPROPRIATIONS. 
42 USC 14199. 
There are authorized to be appropriated to carry out this title— 
(1) $ 1,000,000 for fiscal year 1996. 
TITLE XXVIII—SENTENCING 
PROVISIONS 
SEC. 280001. IMPOSITION OF SENTENCE. 
Section 3553(a)(4) of title 18, United States Code, is amended 
to read as follows: 
"(4) the kinds of sentence and the sentencing range estab-
lished for— 
108 STAT. 2096 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(A) the applicable category of offense committed by 
, the applicable category of defendant as set forth in the 
guidelines issued by the Sentencing Commission pursuant 
' 
to section 994(a)(1) of title 28, United States Code, and 
that are in effect on the date the defendant is sentenced; 
or 
"(B) in the case of a violation of probation or supervised 
release, the applicable guidelines or policy statements 
issued by the Sentencing Commission pursuant to section 
994(a)(3) of title 28, United States Code;". 
SEC. 280002. TECHNICAL AMENDMENT TO MANDATORY CONDITIONS 
OF PROBATION. 
Section 3563(a)(3) of title 18, United States Code, is amended 
by striking "possess illegal controlled substances" and inserting 
"unlawfully possess a controlled substance". 
28 use 994 note. SEC. 280003. DIRECTION TO UNITED STATES SENTENCING COMMIS-
SION REGARDING SENTENCING ENHANCEMENTS FOR 
HATE CRIMES. 
(a) DEFINITION.—In this section, "hate crime" means a crime 
in which the defendant intentionally selects a victim, or in the 
case of a property crime, the property that is the object of the 
crime, because of the actual or perceived race, color, religion, 
national origin, ethnicity, gender, disability, or sexual orientation 
of any person. 
Guidelines. 
(b) SENTENCING ENHANCEMENT.—Pursuant to section 994 of 
title 28, United States Code, the United States Sentencing Commis-
sion shall promulgate guidelines or amend existing guidelines to 
provide sentencing enhancements of not less than 3 offense levels 
for offenses that the finder of fact at trial determines beyond a 
reasonable doubt are hate crimes. In carrying out this section, 
the United States Sentencing Commission shall ensure that there 
is reasonable consistency with other guidelines, avoid duplicative 
punishments for substantially the same offense, and take into 
account any mitigating circumstances that might justify exceptions. 
SEC. 280004. AUTHORIZATION OF PROBATION FOR PETTY OFFENSES 
IN CERTAIN CASES. 
Section 3561(a)(3) of title 18, United States Code, is amended 
by inserting "that is not a petty offense" before the period. 
SEC. 280005. FULL-TIME VICE CHAIRS OF THE UNITED STATES 
SENTENCING COMMISSION. 
(a) ESTABLISHMENT OF POSITIONS.—Section 991 (a) of title 28, 
United States Code, is amended— 
President. 
(1) in the second sentence by striking the period and insert-
ing "and three of whom shall be designated by the President 
as Vice Chairs."; 
(2) in the fourth sentence by striking the period and insert-
ing ", and of the three Vice Chairs, no more than two shall 
be members of the same political party."; and 
(3) in the sixth sentence by striking "Chairman" and insert-
ing "Chair, Vice Chairs,". 
(b) TERMS AND COMPENSATION.—Section 992(c) of title 28, 
United States Code, is amended— 
(1) by amending the first sentence to read as follows: 'The 
Chair and Vice Chairs of the Commission shall hold full-time 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2097 
positions and shall be compensated during their terms of office 
at the annual rate at which judges of the United States courts 
of appeals are compensated."; 
(2) in the second sentence by striking "Chairman" and 
inserting "Chair and Vice Chairs"; and 
(3) in the third sentence by striking "Chairman" and insert-
ing "Chair and Vice Chairs,". 
(c) TECHNICAL AMENDMENTS.—Chapter 58 of title 28, United 
States Code, is amended— 
(1) by striking "Chairman" each place it appears and insert- 
28 USC 991-993, 
ing "Chair"; 
9^^-
(2) in the fifth sentence of section 991(a) by striking "his" 28 USC 991. 
and inserting "the Attorney General's"; 
(3) in the fourth sentence of section 992(c) by striking 
28 USC 992. 
"his" and inserting "the judge's"; 
(4) in section 994(i)(2) by striking "he" and inserting "the 28 USC 994. 
defendant" and striking "his" and inserting "the defendant's"; 
and 
(5) in section 996(a) by striking "him" and inserting "the 28 USC 996. 
Staff Director". 
SEC. 280006. COCAINE PENALTY STUDY. 
Not later than December 31, 1994, the United States Sentenc-
ing Commission shall submit a report to Congress on issues relating 
to sentences applicable to offenses involving the possession or dis-
tribution of all forms of cocaine. The report shall address the 
differences in penalty levels that apply to different forms of cocaine 
and include any recommendations that the Commission may have 
for retention or modification of such differences in penalty levels. 
Reports. 
TITLE XXIX—COMPUTER CRIME 
SEC. 290001. COMPUTER ABUSE AMENDMENTS ACT OF 1994. 
(a) SHORT TITLE.—^This subtitle may be cited as the "Computer 
Abuse Amendments Act of 1994". 
(b) PROHIBITION.—Section 1030(a)(5) of title 18, United States 
Code, is amended to read as follows: 
"(5)(A) through means of a computer used in interstate 
commerce or communications, knowingly causes the trans-
mission of a program, information, code, or command to a 
computer or computer system if— 
"(i) the person causing the transmission intends that 
such transmission will— 
"(I) damage, or cause damage to, a computer, com-
puter system, network, information, data, or program; 
or 
"(II) withhold or deny, or cause the withholding 
or denial, of the use of a computer, computer services, 
system or network, information, data or program; and 
"(ii) the transmission of the harmful component of the 
program, information, code, or command— 
"(I) occurred without the authorization of the per-
sons or entities who own or are responsible for the 
computer system receiving the program, information, 
code, or command; and 
Computer Abuse 
Amendments Act 
of 1994. 
Science and 
technology. 
18 USC 1001 
note. 
108 STAT. 2098 
PUBLIC LAW 103~322-™SEPT. 13, 1994 
"(II)(aa) causes loss or damage to one or more 
other persons of value aggregating $1,000 or more 
during any 1-year period; or 
"(bb) modifies or impairs, or potentially modifies 
or impairs, the medical examination, medical diagnosis, 
medical treatment, or medical care of one or more 
individuals; or 
"(B) through means of a computer used in interstate com-
merce or communication, knowingly causes the transmission 
of a program, information, code, or command to a computer 
or computer system— 
"(i) with reckless disregard of a substantial and 
unjustifiable risk that the transmission will— 
"(I) damage, or cause damage to, a computer, com-
puter system, network, information, data or program; 
or 
"(II) withhold or deny or cause the withholding 
or denial of the use of a computer, computer services, 
system, network, information, data or program; and 
"(ii) if the transmission of the harmful component of 
the program, information, code, or command— 
"(I) occurred without the authorization of the per-
sons or entities who own or are responsible for the 
computer system receiving the program, information, 
code, or command; and 
"(II)(aa) causes loss or damage to one or more 
other persons of a value aggregating $1,000 or more 
during any 1-year period; or 
"(bb) modifies or impairs, or potentially modifies 
or impairs, the medical examination, medical diagnosis, 
medical treatment, or medical care of one or more 
individuals;". 
(c) PENALTY.—Section 1030(c) of title 18, United States Code, 
is amended— 
(1) in paragraph (2)(B) by striking "and" afl^r the semi-
colon; 
(2) in paragraph (3)(A) by inserting "(A)" afl^er "(a)(5)"; 
(3) in paragraph (3)(B) by striking the period at the end 
thereof and inserting "; and"; and 
(4) by adding at the end the following new paragraph: 
"(4) a fine under this title or imprisonment for not more 
than 1 year, or both, in the case of an offense under subsection 
(a)(5)(B).". 
(d) CrviL ACTION.—Section 1030 of title 18, United States Code, 
is amended by adding at the end thereof the following new sub-
section: 
"(g) Any person who suffers damage or loss by reason of a 
violation of the section, other than a violation of subsection (a)(5)(B), 
may maintain a civil action against the violator to obtain compen-
satory damages and injunctive relief or other equitable relief. Dam-
ages for violations of any subsection other than subsection 
(a)(5)(A)(iiXII)(bb) or (a)(5)(B)(ii)(II)(bb) are limited to economic 
damages. No action may be brought under this subsection unless 
such action is begun within 2 years of the date of the act complained 
of or the date of the discovery of the damage.". 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2099 
(e) REPORTING REQUIREMENTS.—Section 1030 of title 18, United 
States Code, is amended by adding at the end the following new 
subsection: 
"(h) The Attorney General and the Secretary of the Treasury 
shall report to the Congress annually, during the first 3 years 
following the date of the enactment of this subsection, concerning 
investigations and prosecutions under section 1030(a)(5) of title 
18, United States Code.". 
(f) PROHIBITION.—Section 1030(a)(3) of title 18, United States 
Code, is amended by inserting "adversely" before "affects the use 
of the Grovemment's operation of such computer". 
TITLE XXX—PROTECTION OF PRIVACY ?;XSO?AS 
OF INFORMATION IN STATE MOTOR 
VEHICLE RECORDS 
1994. 
SEC. 300001. SHORT TITLE. 
18 USC 2721 
This title may be cited as the "Driver's Privacy Protection 
Act of 1994". 
SEC. 300002. PROHIBITION ON RELEASE AND USE OF CERTAIN PER-
SONAL INFORMATION FROM STATE MOTOR VEHICLE 
RECORDS. 
(a) IN GENERAL.—Title 18, United States Code, is amended 
by inserting after chapter 121 the following new chapter: 
"CHAPTER 123—PROHmiTION ON RELEASE AND USE OF 
CERTAIN 
PERSONAL 
INFORMATION 
FROM 
STATE 
MOTOR VEfflCLE RECORDS 
"§2721. Prohibition on release and use of certain personal 
information from State motor vehicle records 
"(a) IN GENERAL.—^Except as provided in subsection (b), a State 
department of motor vehicles, and any officer, employee, or contrac-
tor, thereof, shall not knowingly disclose or otherwise make avail-
able to any person or entity personal information about any individ-
ual obtained by the department in connection with a motor vehicle 
record. 
"(b) PERMISSIBLE USES.—^Personal information referred to in 
subsection (a) shall be disclosed for use in connection with matters 
of motor vehicle or driver safety and theft, motor vehicle emissions, 
motor vehicle product alterations, recalls, or advisories, performance 
monitoring of motor vehicles and dealers by motor vehicle manufac-
turers, and removal of non-owner records from the original owner 
records of motor vehicle manufacturers to carry out the purposes 
of the Automobile Information Disclosure Act, the Motor Vehicle 
Information and Cost Saving Act, the National Traffic and Motor 
Vehicle Safety Act of 1966, the Anti-Car Theft Act of 1992, and 
the Clean Air Act, and may be disclosed as follows: 
"(1) For use by any government agency, including any 
court or law enforcement agency, in carrying out its functions, 
or any private person or entity acting on behalf of a Federal, 
State, or local agency in carrying out its functions. 
"(2) For use in connection with matters of motor vehicle 
or driver safety and theft; motor vehicle emissions; motor 
108 STAT. 2100 
PUBLIC LAW 103-322—SEPT. 13, 1994 
vehicle product alterations, recalls, or advisories; performance 
monitoring of motor vehicles, motor vehicle parts and dealers; 
motor vehicle market research activities, including survey 
research; and removal of non-owner records from the original 
owner records of motor vehicle manufacturers. 
"(3) For use in the normal course of business by a legitimate 
business or its agents, employees, or contractors, but only— 
"(A) to verify the accuracy of personal information 
submitted by the individual to the business or its agents, 
employees, or contractors; and 
"(B) if such information as so submitted is not correct 
or is no longer correct, to obtain the correct information, 
but only for the purposes of preventing fraud by, pursuing 
legal remedies against, or recovering on a debt or security 
interest against, the individual. 
"(4) For use in connection with any civil, criminal, adminis-
trative, or arbitral proceeding in any Federal, State, or local 
court or agency or before any self-regulatory body, including 
the service of process, investigation in anticipation of litigation, 
and the execution or enforcement of judgments and orders, 
or pursuant to an order of a Federal, State, or local court. 
"(5) For use in research activities, and for use in producing 
statistical reports, so long as the personal information is not 
published, redisclosed, or used to contact individuals. 
"(6) For use by any insurer or insurance support organiza-
tion, or by a self-insured entity, or its Eigents, employees, or 
contractors, in connection with claims investigation activities, 
antifraud activities, rating or underwriting. 
"(7) For use in providing notice to the owners of towed 
or impounded vehicles. 
"(8) For use by any licensed private investigative agency 
or licensed security service for any purpose permitted under 
this subsection. 
"(9) For use by an employer or its agent or insurer to 
obtain or verify information relating to a holder of a commercial 
driver's license that is required under the Commercial Motor 
Vehicle Safety Act of 1986 (49 U.S.C. App. 2710 et seq.). 
"(10) For use in connection with the operation of private 
toll transportation facilities. 
"(11) For any other use in response to requests for individ-
ual motor vehicle records if the motor vehicle department has 
provided in a clear and conspicuous manner on forms for issu-
ance or renewal of operator s permits, titles, registrations, or 
identification cards, notice that personal information collected 
by the department may be disclosed to any business or person, 
and has provided in a clear and conspicuous manner on such 
forms an opportunity to prohibit such disclosures. 
"(12) For bulk distribution for surveys, marketing or solici-
tations if the motor vehicle department has implemented meth-
ods and procedures to ensure that— 
"(A) individuals are provided an opportunity, in a clear 
and conspicuous manner, to prohibit such uses; and 
"(B) the information will be used, rented, or sold solely 
for bulk distribution for surveys, marketing, and solicita-
tions, and that surveys, marketing, and solicitations will 
not be directed at those individuals who have requested 
in a timely fashion that they not be directed at them. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2101 
"(13) For use by any requester, if the requester dem-
onstrates it has obtained the written consent of the individual 
to whom the information pertains. 
"(14) For any other use specifically authorized under the 
law of the State that holds the record, if such use is related 
to the operation of a motor vehicle or public safety. 
"(c) RESALE OR REDISCLOSURE.—^An authorized recipient of per-
sonal information (except a recipient under subsection (bXll) or 
(12)) may resell or redisclose the information only for a use per-
mitted under subsection (b) (but not for uses under subsection 
(b) (11) or (12)). An authorized recipient under subsection (b)(ll) 
may resell or redisclose personal information for any purpose. An 
authorized recipient under subsection (bX12) may resell or 
redisclose personal information pursuant to subsection (bXl2). Any 
authorized recipient (except a recipient under subsection (bXlD) 
that resells or rediscloses personal information covered by this 
title must keep for a period of 5 years records identifying each 
person or entity that receives information and the permitted pur-
pose for which the information will be used and must make such 
records available to the motor vehicle department upon request. 
"(d) WAIVER PROCEDURES.—^A State motor vehicle department 
may establish and carry out procedures under which the department 
or its agents, upon receiving a request for personal information 
that does not fall within one of the exceptions in subsection (b), 
may mail a copy of the request to the individual about whom 
the information was requested, informing such individual of the 
request, together with a statement to the effect that the information 
will not be released unless the individual waives such individual's 
. 
right to privacy under this section. 
"
*
§ 2722. Additional unlawful acts 
"(a) PROCUREMENT FOR UNLAWFUL PURPOSE.—It shall be 
unlawful for any person knowingly to obtain or disclose personal 
information, from a motor vehicle record, for any use not permitted 
imder section 2721(b) of this title. 
"(b) FALSE REPRESENTATION.—It shall be unlawful for any per-
son to make false representation to obtain any personal information 
from an individual's motor vehicle record. 
"
*
§ 2723. Penalties 
"(a) CRIMINAL FINE.—^A person who knowingly violates this 
chapter shall be fined under this title. 
"(b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VEHICLES.— 
Any State department of motor vehicles that has a policv or practice 
of substantial noncompliance with this chapter shall be subject 
to a civil penalty imposed by the Attorney General of not more 
than $5,000 a day for each day of substantial noncompliance. 
''§2724. Civil action 
"(a) CAUSE OF ACTION.—A person who knowingly obtains, dis-
closes or uses personal information, from a motor vehicle record, 
for a purpose not permitted under this chapter shall be liable 
to the individual to whom the information pertains, who may bring 
a civil action in a United States district court;. 
"(b) REMEDIES.—^The court may award— 
"(1) actual damages, but not less than liquidated damages 
in the amount of $2,500; 
108 STAT. 2102 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(2) punitive damages upon proof of willful or reckless 
disregard of the law; 
"(3) reasonable attorneys' fees and other litigation costs 
reasonably incurred; and 
"(4) such other preliminary and equitable relief as the 
court determines to be appropriate. 
''§2725.Denmtions 
"In this chapter— 
"(1)'motor vehicle record' means any record that pertains 
to a motor vehicle operator's permit, motor vehicle title, motor 
vehicle registration, or identification card issued by a depart-
ic ment of motor vehicles; 
"(2)'person' means an individual, organization or entity, 
but does not include a State or agency thereof; and 
"(3)'personal information' means information that identifies 
an individual, including an individual's photograph, social secu-
rity number, driver identification number, name, address (but 
not the 5-digit zip code), telephone number, and medical or 
disability information, but does not include information on 
vehicular accidents, driving violations, and driver's status.", 
(b) CLERICAL AMENDMENT.—^The table of parts at the beginning 
of part I of title 18, United States Code, is amended by adding 
at the end the following new item: 
"123. Prohibition on release and use of certain personal information from 
State motor vehicle records 
2271" 
18 use 2721 
SEC. 300003. EFFECTIVE DATE. 
The amendments made by section 300002 shall become effective 
on the date that is 3 years after the date of enactment of this 
Act. After the effective date, if a State has implemented a procedure 
under section 2721(b) (11) and (12) of title 18, United States Code, 
as added by section 2902, for prohibiting disclosures or uses of 
personal information, and the procedure otherwise meets the 
requirements of subsection (b) (11) and (12), the State shall be 
in compliance with subsection (b) (11) and (12) even if the procedure 
is not available to individuals until they renew their license, title, 
registration or identification card, so long as the State provides 
some other procedure for individuals to contact the State on their 
own initiative to prohibit such uses or disclosures. Prior to the 
effective date, personal information covered by the amendment 
made by section 300002 may be released consistent with State 
law or practice. 
TITLE XXXI—VIOLENT CRIME 
REDUCTION TRUST FUND 
SEC. 310001. CREATION OF VIOLENT CRIME REDUCTION TRUST FUND. 
42 use 14211. 
(a) VIOLENT CRIME REDUCTION TRUST FUND.—There is estab-
lished a separate account in the Treasury, known as the "Violent 
Crime Reduction Trust Fund" (referred to in this section as the 
"Fund") into which shall be transferred, in accordance with sub-
section (b), savings realized from implementation of section 5 of 
the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 3101 
note; Public Law 103-226). 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2103 
(b) TRANSFERS INTO THE FUND.—On the first day of the follow- ^2 use I42ii. 
ing fiscal years (or as soon thereafter as possible for fiscal year 
1995), the following amounts shall be transferred from the general 
fund to the Fund— 
(1) for 
fiscal 
year 1995, $2,423,000,000; 
(2) for 
fiscal 
year 1996, $4,287,000,000; 
(3) for 
fiscal 
year 1997, $5,000,000,000; 
(4) for 
fiscal 
year 1998, $5,500,000,000; 
(5) for 
fiscal 
year 1999, $6,500,000,000; and 
(6) for 
fiscal 
year 2000, $6,500,000,000. 
(c) APPROPRIATIONS FROM THE FUND.—(1) Amounts in the Fund 42 use I42ii. 
may be appropriated exclusively for the purposes authorized in 
this Act and for those expenses authorized by any Act enacted 
before this Act that are expressly qualified for expenditure from 
the Fund. 
(2) Amounts appropriated under paragraph (1) and outlays 
flowing from such appropriations shall not be taken into account 
for purposes of any budget enforcement procedures under the Bal-
anced Budget and Emergency Deficit Control Act of 1985 except 
section 25 lA of that Act as added by subsection (g), or for purposes 
of section 605(b) of the Congressional Budget Act of 1974. Amounts 
of new budget authority and outlays under paragraph (1) that 
are included in concurrent resolutions on the budget shall not 
be taken into account for purposes of sections 601(b), 606(b), and 
606(c) of the Congressiomal Budget Act of 1974, or for purposes 
of section 24 of House Concurrent Resolution 218 (One Hundred 
Third Congress). 
(d) LISTING OF THE FUND AMONG GOVERNMENT TRUST FUNDS.— 
Section 1321(a) of title 31, United States Code, is amended by 
inserting at the end the following new paragraph: 
"(91) Violent Crime Reduction Trust Fund.". 
(e) REQUIREMENT FOR THE PRESIDENT TO REPORT ANNUALLY 
O
N THE STATUS OF THE TRUST FUND.—Section 1105(a) of title 31, 
United States Code, is amended by adding at the end the following 
new paragraphs: 
"(30) information about the Violent Crime Reduction Trust 
Fund, including a separate statement of amounts in that Trust 
Fund. 
"(31) an analysis displaying, by agency, proposed reductions 
in full-time equivsJent positions compared to the current year's 
level in order to comply with section 5 of the Federal Workforce 
Restructuring Act of 1994.". 
(f) ALLOCATION AND SUBALLOCATION OF AMOUNTS IN THE 
FUND.— 
(1) IN GENERAL.—Section 602(a) of the Congressional 
Budget Act of 1974 is amended— 
2 USC 665a. 
(A) in paragraph (IXA) by striking "and" at the end 
of clause (ii), by striking the semicolon and inserting a 
comma at the end of clause (iii), and by adding after 
clause (iii) the following: 
"(iv) new budget authority from the Violent Crime 
Reduction Trust Fund, and 
"(v) outlays from the Violent Crime Reduction 
Trust Fund;"; 
(B) in paragraph (2) by striking "and" at the end of 
subparagraph (B) and by adding aJter subparagraph (C) 
the following: 
108 STAT. 2104 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(D) new budget authority from the Violent Crime 
Reduction Trust Fund; and 
"(E) outlays from the Violent Crime Reduction Trust 
Fund;"; and 
(C) by adding at the end the following new paragraph: 
"(4) No DOUBLE couNTiNG.^Amounts allocated among 
committees under clause (iv) or (v) of paragraph (1)(A) or under 
subparagraph (D) or (E) of paragraph (2) shall not be included 
within any other allocation under that paragraph.". 
(2) FISCAL YEAR 1995.—The chairman of the Committee 
on the Budget shall submit to the House of Representatives 
or the Senate, as the case may be, appropriately revised alloca-
tions under clauses (iv) and (v) of paragraph (1)(A) or subpara-
graphs (D) and (E) of paragraph (2) of section 602(a) of the 
Congressional Budget Act of 1974 for fiscal year 1995 to carry 
out subsection (b)(1). 
(g) VIOLENT CRIME REDUCTION TRUST FUND SEQUESTRATION.— 
(1) SEQUESTRATION.—Part C of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended by adding 
after section 251 the following new section: 
2 USE 901A. 
"SEC. 251A- SEQUESTRATION WITH RESPECT TO VIOLENT CRIME 
REDUCTION TRUST FUND. 
"(a) SEQUESTRATION.—^Within 15 days after Congress adjourns 
to end a session, there shall be a sequestration to eliminate any 
budgetary excess in the Violent Crime Reduction Trust Fund as 
described in subsection (b). 
"(b) ELIMINATING A BUDGETARY EXCESS.— 
"(1) IN GENERAL.—Except as provided by paragraph (2), 
appropriations from the Violent Crime Reduction Trust Fund 
shall be reduced by a uniform percentage necessary to eliminate 
any amount by which estimated outlays in the budget year 
from the Fund exceed the following levels of outlays: 
"(A) For fiscal year 1995, $703,000,000. 
"(B) For fiscal year 1996, $2,334,000,000. 
"(C) For fiscal year 1997, $3,936,000,000. 
"(D) For fiscal year 1998, $4,904,000,000. 
For fiscal year 1999, the comparable level for budgetary pur-
poses shall be deemed to be $5,639,000,000. For fiscal year 
2000, the comparable level for budgetary purposes shall be 
deemed to be $6,225,000,000. 
"(2) SPECIAL OUTLAY ALLOWANCE.—If estimated outlays 
from the Fund for a fiscal year exceed the level specified in 
paragraph (1) for that year, that level shall be increased by 
the lesser of that excess or 0.5 percent of that level. 
"(c) LOOK-BACK.—If, after June 30, an appropriation for the 
fiscal year in progress is enacted that causes a budgetary excess 
in the Violent Crime Reduction Trust Fund as described in sub-
section (b) for that year (after taking into account any sequestration 
of amounts under this section), the level set forth in subsection 
(b) for the next fiscal year shall be reduced by the amount of 
that excess. 
"(d) WITHIN-SESSION SEQUESTRATION.—^If an appropriation for 
a fiscal year in progress is enacted (after Congress adjourns to 
end the session for the budget year and before July 1 of that 
fiscal year) that causes a budgetary excess in the Violent Crime 
Reduction Trust Fund as described in subsection (b) for that year 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2105 
(after taking into account any prior sequestration of amounts under 
this section), 15 days later there shall be a sequestration to elimi-
nate that excess following the procedures set forth in subsection 
(b). 
"(e) PART-YEAR APPROPRIATIONS AND O M B ESTIMATES.—^Para-
graphs (4) and (7) of section 251(a) shall apply to appropriations 
from, and sequestration of amounts appropriated from, the Violent 
Crime Reduction Trust Fund under this section in the same manner 
as those paragraphs apply to discretionary appropriations and 
sequestrations under that section.". 
(2) REPORTS.—Section 254(g) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended by 2 use 904. 
redesignating paragraphs (4) and (5) as paragraphs (5) and 
(6), respectively, and by inserting after paragraph (3) the follow-
ing new paragraph: 
"(4) REPORTS ON SEQUESTRATION TO REDUCE THE VIOLENT 
CRIME REDUCTION TRUST FUND.—The final reports shall set 
forth for the budget year estimates for each of the following: 
"(A) The amount of budget authority appropriated from 
the Violent Crime Reduction Trust Fund and outlays result-
ing from those appropriations. 
"(B) The sequestration percentage and reductions, if 
any, required under section 25 lA.". 
SEC. 310002. CONFORMING REDUCTION IN DISCRETIONARY SPENDING 42 USC 14212. 
LIMITS. 
Upon enactment of this Act, the discretionary spending limits 
set forth in section 601(a)(2) of the Congressional Budget Act of 
1974 (2 U.S.C. 665(a)(2)) (as adjusted in conformance with section 
251 of the Balanced Budget and Emergency Deficit Control Act 
of 1985, and in the Senate, with section 24 of House Concurrent 
Resolution 218 (103d Congress)) for fiscal years 1995 through 1998 
are reduced as follows: 
(1) for fiscal year 1995, for the discretionary category: 
$2,423,000,000 in new budget authority and $703,000,000 in 
outlays; 
(2) for fiscal year 1996, for the discretionary category: 
$4,287,000,000 in new budget authority and $2,334,000,000 
in outlays; 
(3) for fiscal year 1997, for the discretionary category: 
$5,000,000,000 in new budget authority and $3,936,000,000 
in outlays; and 
(4) for fiscal year 1998, for the discretionary category: 
$5,500,000,000 in new budget authority and $4,904,000,000 
in outlays. 
For fiscal year 1999, the comparable amount for budgetary purposes 
shall be deemed to be $6,500,000,000 in new budget authority 
and $5,639,000,000 in outlays. For fiscal year 2000, the comparable 
amount 
for 
budgetary 
purposes 
shall 
be 
deemed 
to 
be 
$6,500,000,000 in new budget authority and $6,225,000,000 in out-
lays. 
SEC. 310003. EXTENSION OF AUTHORIZATIONS OF APPROPRIATIONS 
42 USC 14213. 
FOR FISCAL YEARS FOR WmCH THE FULL AMOUNT 
AUTHORIZED IS NOT APPROPRIATED. 
If, in making an appropriation under any provision of this 
Act or amendment made by this Act that authorizes the making 
of an appropriation for a certain purpose for a certain fiscal year 
79-194 O—95—12: QL 3 Part 3 
108 STAT. 2106 
PUBLIC LAW 103-322—SEPT. 13, 1994 
in a certain amount, the Congress makes an appropriation for 
that purpose for that fiscal year in a lesser amount, that provision 
or amendment shall be considered to authorize the making of appro-
priations for that purpose for later fiscal years in an amount equal 
to the difference between the amount authorized to be appropriated 
and the amount that has been appropriated. 
42 use 14214. 
SEC. 310004. FLEXIBILITY IN MAKING OF APPROPRIATIONS. 
(a) FEDERAL LAW ENFORCEMENT,—In the msiking of appropria-
tions under any provision of this Act or amendment made by 
this Act that authorizes the making of an appropriation for a 
Federal law enforcement program for a certain fiscal year in a 
certain amount out of the Violent Crime Reduction Trust Fund, 
not to exceed 10 percent of that amount is authorized to be appro-
priated for that fiscal year for any other Federal law enforcement 
program for which appropriations are authorized by any other Fed-
eral law enforcement provision of this Act or amendment made 
by this Act. The aggregate reduction in the authorization for any 
particular Federal law enforcement program may not exceed 10 
percent of the total amount authorized to be appropriated from 
the Violent Crime Reduction Trust Fund for that program in this 
Act or amendment made by this Act. 
(b) STATE AND LOCAL LAW ENFORCEMENT.—In the making of 
appropriations under any provision of this Act or amendment made 
by this Act that authorizes the making of an appropriation for 
a State and local law enforcement program for a certain fiscal 
yesir in a certain amount out of the Violent Crime Reduction Trust 
Fund, not to exceed 10 percent of that amount is authorized to 
be appropriated for that fiscal year for any other State and local 
law enforcement program for which appropriations are authorized 
by any other State and local law enforcement provision of this 
Act or amendment made by this Act. The aggregate reduction 
in the authorization for any particular State and local law enforce-
ment program may not exceed 10 percent of the total amount 
authorized to be appropriated from the Violent Crime Reduction 
Trust Fund for that program in this Act or amendment made 
by this Act. 
(c) PREVENTION.—^In the making of appropriations under any 
provision of this Act or amendment made by this Act that authorizes 
the making of an appropriation for a prevention program for a 
certain fiscsd year in a certain amount out of the Violent Crime 
Reduction Trust Fund, not to exceed 10 percent of that amount 
is authorized to be appropriated for that fiscal year for any other 
prevention program for which appropriations are authorized by 
any other prevention provision of this Act or amendment made 
by this Act. The aggregate reduction in the authorization for any 
particular prevention program may not exceed 10 percent of the 
total amount authorized to be appropriated from the Violent Crime 
Reduction Trust Fund for that program in this Act or amendment 
made by this Act. 
(d) DEFINITIONS.—In this section—^"Federal law enforcement 
program" means a program authorized in any of the following 
sections: 
(1) section 190001(a); 
(2) section 190001(b); 
(3) section 190001(c); 
(4) section 190001(d); 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2107 
(5) section 190001(e); 
(6) section 320925; 
(7) section 150008; 
(8) section 220002; 
(9) section 130002; 
(10) section 130005; 
(11) section 130006; 
(12) section 130007; 
(13) section 250005; 
(14) sections 210303-210306; 
(15) section 180104; and 
(16) section 270009. 
"State and local law enforcement program" means a program 
authorized in any of the following sections: 
(1) sections 10001-10003; 
(2) section 210201; 
(3) section 210603; 
(4) section 180101; 
(5) section 180103; 
(6) sections 31701-31708; 
(7) section 210602; 
(8) sections 30801-30802; 
(9) section 210302; 
(10) section 210501; 
(11) section 210101; 
(12) section 320930; 
(13) sections 20101-20109; 
(14) section 20301; 
(15) section 32201; and 
(16) section 20201. 
"prevention program" means a program authorized in any of 
the following sections: 
(1) section 50001; 
(2) sections 30101-30104; 
(3) sections 30201-30208; 
(4) sections 30301-30307; 
(5) sections 30401-30403; 
(6) sections 30701-30702; 
(7) sections 31001-31002; 
(8) sections 31101-31133; 
(9) sections 31501-31505; 
(10) sections 31901-31922; 
(11) section 32001; 
(12) section 32101 
(13) section 32401 
(14) section 40114 
(15) section 40121 
(16) section 40151 
(17) section 40152 
(18) section 40155 
(19) section 40156 
(20) section 40211 
(21) section 40231 
(22) section 40241 
(23) section 40251 
(24) section 40261 
(25) section 40292 
108 STAT. 2108 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(26) section 40293; 
(27) section 40295; 
(28) sections 40411-40414; 
(29) sections 40421-40422; 
(30) section 40506; 
(31) sections 40601-40611; and 
(32) section 24001. 
TITLE XXXII—MISCELLANEOUS 
Subtitle A—Increases in Penalties 
SEC. 320101. INCREASED PENALTIES FOR ASSAULT. 
(a) CERTAIN OFFICERS AND EMPLOYEES.—Section 111 of title 
18, United States Code, is amended— 
(1) in subsection (a) by inserting ", where the acts in 
violation of this section constitute only simple assault, be fined 
under this title or imprisoned not more than one year, or 
both, and in all other cases," after "shall"; and 
(2) in subsection (b) by inserting "or inflicts bodily injury" 
after "weapon". 
(b) FOREIGN OFFICIALS, OFFICIAL GUESTS, AND INTERNATION-
ALLY PROTECTED PERSONS.—Section 112(a) of title 18, United States 
Code, is amended— 
(1) by striking "not more than $5,000" and inserting "under 
this title"; 
(2) by inserting ", or inflicts bodily injury," after "weapon"; 
and 
(3) by striking "not more than $10,000" and inserting 
"under this title". 
(c) MARITIME AND TERRITORIAL JURISDICTION.—Section 113 of 
title 18, United States Code, is amended— 
(1) in subsection (c)— 
(A) by striking "of not more than $1,000" and inserting 
"under this title"; and 
(B) by striking "five" and inserting "ten"; and 
(2) in subsection (e)— 
(A) by striking "of not more than $300" and inserting 
"under this title"; and 
(B) by striking "three" and inserting "six". 
(d) CONGRESS, CABINET, OR SUPREME COURT.—Section 351(e) 
of title 18, United States Code, is amended— 
(1) by striking "not more than $5,000," and inserting "under 
this title,"; 
(2) by inserting "the assault involved in the use of a dan-
gerous weapon, or" after "if; 
(3) by striking "not more than $10,000" and inserting 
"under this title"; and 
(4) by striking 'Tor". 
(e) PRESIDENT AND PRESIDENT'S STAFF.—Section 1751(e) of title 
18, United States Code, is amended— 
(1) by striking "not more than $10,000," both places it 
appears and inserting "under this title,"; 
(2) by striking "not more than $5,000," and inserting "under 
this title,"; and 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2109 
(3) by inserting "the assault involved the use of a dangerous 
weapon, or" after "if". 
SEC. 320102. INCREASED PENALTIES FOR MANSLAUGHTER. 
Section 1112 of title 18, United States Code, is amended— 
(1) in subsection (b)— 
(A) by inserting "fined under this title or" sifter "shall 
be" in the first undesignated paragraph; and 
(B) by inserting ", or both" after years"; 
(2) by striking "not more than $1,000" and inserting "under 
this title"; and 
(3) by striking "three" and inserting "six". 
SEC. 320103. INCREASED PENALTIES FOR CIVIL RIGHTS VIOLATIONS. 
(a) CONSPIRACY AGAINST RIGHTS.—Section 241 of title 18, 
United States Code, is amended— 
(1) by striking "not more than $10,000" and inserting 
"under this title"; 
(2) by inserting "from the acts committed in violation of 
this section or if such acts include kidnapping or an attempt 
to kidnap, aggravated sexual abuse or an attempt to commit 
aggravated sexual abuse, or an attempt to kill" after "results"; 
(3) by striking "subject to imprisonment" and inserting 
"fined under this title or imprisoned"; and 
(4) by inserting ", or both" after "life". 
(b) DEPRIVATION OF RIGHTS.—Section 242 of title 18, United 
States Code, is amended— 
(1) by striking "not more than $1,000" and inserting "under 
this title"; 
(2) by inserting "from the acts committed in violation of 
this section or if such acts include the use, attempted use, 
or threatened use of a dangerous weapon, explosives, or fire," 
after "bodily injury results"; 
(3) by inserting "from the acts committed in violation of 
this section or if such acts include kidnapping or an attempt 
to kidnap, aggravated sexual abuse, or an attempt to commit 
aggravated sexual abuse, or an attempt to kill, shall be fined 
under this title, or" after "death results ; 
(4) by striking "shall be subject to imprisonment" and 
inserting "imprisoned"; and 
(5) by inserting ", or both" after "life". 
(c) FEDERALLY PROTECTED ACTIVITIES.—Section 245(b) of title 
18, United States Code, is amended in the matter following para-
graph (5)— 
(1) by striking "not more than $1,000" and inserting "under 
this title"; 
(2) by inserting "from the acts committed in violation of 
this section or if such acts include the use, attempted use, 
or threatened use of a dangerous weapon, explosives, or fire" 
after "bodily injury results; 
(3) by striking "not more than $10,000" and inserting 
"under this title"; 
(4) by inserting "from the acts committed in violation of 
this section or if such acts include kidnapping or an attempt 
to kidnap, aggravated sexual abuse or an attempt to commit 
aggravated sexual abuse, or an attempt to kill," after "death 
results"; 
108 STAT. 2110 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(5) by striking "subject to imprisonment" and inserting 
"fined under this title or imprisoned"; and 
(6) by inserting ", or both" after "life". 
(d) DAMAGE TO RELIGIOUS PROPERTY.—Section 247 of title 18, 
United States Code, is amended— 
(1) in subsection (c)(1) by inserting "from acts committed 
/ 
in violation of this section or if such acts include kidnapping 
or an attempt to kidnap, aggravated sexual abuse or an attempt 
to commit aggravated sexual abuse, or an attempt to kill" 
after "death results"; 
(2) in subsection (c)(2)— 
(A) by striking "serious"; and 
(B) by inserting "from the acts committed in violation 
of this section or if such acts include the use, attempted 
use, or threatened use of a dangerous weapon, explosives, 
or fire" after 'Tsodily injury results"; and 
(3) by amending subsection (e) to read as follows: 
"(e) As used in this section, the term 'religious property' means 
any church, synagogue, mosque, religious cemetery, or other reli-
gious property.". 
(e) FAIR HOUSING ACT.—Section 901 of the Fair Housing Act 
(42 U.S.C. 3631) is amended— 
(1) in the caption by striking "bodily injury; death;"; 
(2) by striking "not more than $1,000," and inserting "under 
this title"; 
(3) by inserting "from the acts committed in violation of 
this section or if such acts include the use, attempted use, 
or threatened use of a dangerous weapon, explosives, or fire" 
after "bodily injury results"; 
(4) by striking "not more than $10,000," and inserting 
"under this title"; 
(5) by inserting "from the acts committed in violation of 
this section or if such acts include kidnapping or an attempt 
to kidnap, aggravated sexual abuse or an attempt to commit 
aggravated sexual abuse, or an attempt to kill," after "death 
results"; 
(6) by striking "subject to imprisonment" and inserting 
"fined under this title or imprisoned"; and 
(7) by inserting ", or both" after "life". 
SEC. 320104. PENALTIES FOR TRAFFICKING IN COUNTERFEIT GOODS 
AND SERVICES. 
(a) IN GENERAL.—Section 2320(a) of title 18, United States 
Code, is amended— 
(1) in the first sentence— 
(A) by striking "$250,000 or imprisoned not more than 
five years" and inserting "$2,000,000 or imprisoned not 
more than 10 years"; and 
(B) by striking "$1,000,000" and inserting "$5,000,000"; 
and 
(2) in the second sentence— 
(A) by striking "$1,000,000 or imprisoned not more 
than fifteen years" and inserting "$5,00(),000 or imprisoned 
not more than 20 years"; and 
(B) 
by 
striking 
"$5,000,000" 
and 
inserting 
"$15,000,000". 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2111 
(b) 
LAUNDERING 
MONETARY 
INSTRUMENTS.—Section 
1956(c)(7)(D) of title 18, United States Code, is amended by striking 
"or section 2319 (relating to copjrright infringement)," and inserting 
"section 2319 (relating to copyright infringement), or section 2320 
(relating to trafficking in counterfeit goods and services),". 
SEC. 320106. INCREASED PENALTY FOR CONSPIRACY TO COMMIT MUR-
DER FOR HIRE. 
Section 1958(a) of title 18, United States Code, is amended 
by inserting "or who conspires to do so" before "shall be fined" 
the first place it appears. 
SEC. 320106. INCREASED PENALTIES FOR ARSON. 
Section 844 of title 18, United States Code, is amended— 
(1) in subsection (f)— 
(A) by striking "not more than ten years, or fined 
not more than $10,000" and inserting "not more than 20 
years, fined the greater of the fine under this title or 
the cost of repairing or replacing any property that is 
damaged or destroyed,"; and 
(B) by striking "not more than twenty years, or fined 
not more than $10,000" and inserting "not more than 40 
years, fined the greater of the fine under this title or 
the cost of repairing or replacing any property that is 
damaged or destroyed,"; 
(2) in subsection (h)— 
(A) in the first sentence by striking "five years" and 
inserting "5 years but not more than 15 years"; and 
(B) in the second sentence by strilang "ten years" and 
inserting "10 years but not more than 25 years"; and 
(3) in subsection (i)— 
(A) by striking "not more than ten yesirs or fined not 
more than $10,000" and inserting "not more than 20 years, 
fined the greater of the fine under this title or the cost 
of repairing or replacing any property that is damaged 
or destroyed,"; and 
(B) by striking "not more than twenty years or fined 
not more than $20,000" and inserting "not more than 40 
years, fined the greater of the fine under this title or 
the cost of repairing or replacing any property that is 
damaged or destroyed,". 
SEC. 320107. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR 
PUBLIC HOUSING. 
Section 419 of the Controlled Substances Act (21 U.S.C. 860) 
is amended— 
(1) in subsection (a) by striking "playground, or within" 
and inserting "playground, or housing facility owned by a public 
housing authority, or within"; and 
(2) in subsection (b) by striking "playground, or within" 
and inserting "playground, or housing facility owned by a public 
housing authority, or within". 
SEC. 320108. TASK FORCE AND CRIMINAL PENALTIES RELATING TO 
THE INTRODUCTION OF NONINDIGENOUS SPECIES. 
(a) TASK FORCE.— 
(1) IN GENERAL.—^The Attorney General is authorized to 
convene a law enforcement task force in Hawaii to facilitate 
Hawaii. 
42 use 14221. 
108 STAT. 2112 
PUBLIC LAW 103-322—SEPT. 13, 1994 
the prosecution of violations of Federal laws, and laws of the 
State of Hawaii, relating to the wrongful conveyance, sale, 
or introduction of nonindigenous plant and animal species. 
(2) MEMBERSHIP.—(A) The task force shall be composed 
of representatives of— 
(i) the Office of the United States Attorney for the 
District of Hawaii; 
(ii) the United States Customs Service; 
(iii) the Animal and Plant Health Inspection Service; 
(iv) the Fish and Wildlife Service; 
(v) the National Park Service; 
(vi) the United States Forest Service; 
(vii) the Military Customs Inspection Office of the 
Department of Defense; 
(viii) the United States Postal Service; 
(ix) the office of the Attorney General of the State 
of Hawaii; 
(x) the Hawaii Department of Agriculture; 
(xi) the Hawaii Department of Land and Natural 
Resources; and 
(xii) such other individuals as the Attorney General 
deems appropriate. 
(B) The Attorney General shall, to the extent practicable, 
select individuals to serve on the task force who have experience 
with the enforcement of laws relating to the wrongful convey-
ance, sale, or introduction of nonindigenous plant and animal 
species. 
(3) DUTIES.—The task force shall— 
(A) facilitate the prosecution of violations of Federal 
and State laws relating to the conveyance, sale, or introduc-
tion of nonindigenous plant and animal species into Hawaii; 
and 
(B) make recommendations on ways to strengthen Fed-
eral and State laws and law enforcement 
strategies 
designed to prevent the introduction of nonindigenous plant 
and animal species. 
(4) REPORT.—^The task force shall report to the Attorney 
(General, the Secretary of Agriculture, the Secretary of the 
Interior, and to the Committee on the Judiciary and Committee 
on Agriculture, Nutrition, and Forestry of the Senate and the 
Committee on the Judiciary, Committee on Agriculture, and 
Committee on Merchsmt Marine and Fisheries of the House 
of Representatives on— 
(A) the progress of its enforcement efforts; and 
(B) the adequacy of existing Federal laws and laws 
of the State of Hawaii that relate to the introduction of 
nonindigenous plant and animal species. 
Thereafter, the task force shall make such reports as the task 
force deems appropriate. 
(5) CONSULTATION.—^The task force shall consult with 
Hawaii agricultural interests and representatives of Hawaii 
conservation organizations about methods of preventing the 
wrongful conveyance, sale, or introduction of nonindigenous 
plant and animal species into Hawaii. 
(b) CRIMINAL PENALTY.— 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2113 
(1) IN GENERAL.—Chapter 83 of title 18, United States 
Code, is amended by inserting after section 1716C the following 
new section: 
*
*
§ 1716D. Nonmailable ii\jurious animals, plant pests, plants, 
and illegally taken Hsh, wildlife, and plants 
"A person who knowingly deposits for mailing or delivery, or 
knowingly causes to be delivered by mail, according to the direction 
thereon, or at any place at which it is directed to be delivered 
by the person to whom it is addressed, anything that section 3015 
of title 39 declares to be nonmailable matter shall be fined under 
this title, imprisoned not more than 1 year, or both.". 
(2) TECHNICAL AMENDMENT.—The chapter analysis for 
chapter 83 of title 18, United States Code, is amended by 
inserting after the item relating to section 1716C the following 
new item: 
"1716D. Nonmailable injurious animals, plant pests, plants, and illegally taken fish, 
wildlife, and plants.". 
SEC. 320109. MILITARY MEDALS AND DECORATIONS. 
Section 704 of title 18, United States Code, is amended— 
(1) by striking "Whoever" and inserting (a) IN GENERAL.— 
Whoever"; 
(2) by striking "not more than $250" and inserting "under 
this title"; and 
(3) by adding at the end the following new subsection: 
"(b) CONGRESSIONAL MEDAL OF HONOR.— 
"(1) IN GENERAL.—^If a decoration or medal involved in 
an offense under subsection (a) is a Congressional Medal of 
Honor, in lieu of the punishment provided in that subsection, 
the offender shall be fined under this title, imprisoned not 
more than 1 year, or both. 
"(2) DEFINITIONS.—(A) As used in subsection (a) with 
respect to a Congressional Medal of Honor, 'sells' includes 
trades, barters, or exchanges for anything of value. 
"(B) As used in this subsection, 'Congressional Medal of 
Honor' means a medal awarded under section 3741 of title 
10.". 
Subtitle B—Extension of Protection of 
Civil Rights Statutes 
SEC. 320201. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES. 
(a) CONSPIRACY AGAINST RIGHTS.—Section 241 of title 18, 
United States Code, is amended by striking "inhabitant of and 
inserting "person in". 
(b) DEPRIVATION OF RIGHTS UNDER COLOR OF LAW.—Section 
242 of title 18, United States Code, is amended— 
(1) by striking "inhabitant of and inserting "person in"; 
and 
(2) by striking "such inhabitant" and inserting "such per-
son". 
108 STAT. 2114 
PUBLIC LAW 103-322—SEPT. 13, 1994 
Records. 
Subtitle C—^Audit and Report 
42 use 14222. 
SEC. 320301. AUDIT REQUIREMENT FOR STATE AND LOCAL LAW 
ENFORCEMENT AGENCIES RECEIVING FEDERAL ASSET 
FORFEITURE FUNDS. 
(a) STATE REQUIREMENT.—Section 524(c)(7) of title 28, United 
States Code, is amended to read as follows: 
"(7)(A) The Fund shall be subject to annual audit by the 
Comptroller General. 
(B) The Attorney General shall require that any State 
or local law enforcement agency receiving funds conduct an 
annual audit detailing the uses and expenses to which the 
funds were dedicated and the amount used for each use or 
expense £ind report the results of the audit to the Attorney 
General.". 
(b) 
INCLUSION IN ATTORNEY GENERAL'S REPORT.—Section 
524(c)(6)(C) of title 28, United States Code, is amended by adding 
at the end the following flush sentence: "The report should also 
contain all annual audit reports from State and local law enforce-
ment agencies required to be reported to the Attorney (General 
under subparagraph (B) of paragraph (7).". 
SEC. 320302. REPORT TO CONGRESS ON ADMINISTRATIVE AND 
CONTRACTING EXPENSES. 
Section 524(c)(6) of title 28, United States Code, is amended— 
(1) by striking "and" at the end of subparagraph (B); 
(2) by striking the period at the end of subparagraph (C) 
and inserting "; and"; and 
(3) by adding at the end the following new subparagraph: 
"(D) a report for such fiscal year containing a description 
of the administrative and contracting expenses paid from the 
Fund under paragraph (1)(A).". 
Subtitle D—Coordination 
SEC. 320401. COORDINATION OF SUBSTANCE ABUSE TREATMENT AND 
PREVENTION PROGRAMS. 
The Attorney General shall consult with the Secretary of the 
Department of Health and Human Services in establishing and 
carrying out the substance abuse treatment and prevention compo-
nents of the programs authorized under this Act, to assure coordina-
tion of programs, eliminate duplication of efforts and enhance the 
effectiveness of such services. 
Subtitle E—Gambling 
SEC. 320501. CLARIFYING AMENDMENT REGARDING 
SCOPE OF 
PROHIBITION AGAINST GAMBLING ON SHIPS IN INTER-
NATIONAL WATERS. 
The paragraph of section 1081 of title 18, United States Code, 
defining the term "gambling ship" is amended by adding at the 
end the following: "Such term does not include a vessel with respect 
to gambling aboard such vessel beyond the territorial waters of 
the United States during a covered voyage (as defined in section 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2115 
4472 of the Internal Revenue Code of 1986 as in effect on January 
1, 1994).". 
Subtitle F—White Collar Crime 
Amendments 
SEC. 320601. RECEIVING THE PROCEEDS OF EXTORTION OR KIDNAP-
PING. 
(a) PROCEEDS OF EXTORTION.—Chapter 41 of title 18, United 
States Code, is amended— 
(1) by adding at the end the following new section: 
*
*
§ 880. Receiving the proceeds of extortion 
"A person who receives, possesses, conceals, or disposes of any 
money or other property which was obtained from the commission 
of any offense under this chapter that is punishable by imprison-
ment for more than 1 year, knowing the same to have been unlaw-
fully obtained, shall be imprisoned not more than 3 years, fined 
under this title, or both."; and 
(2) in the table of sections, by adding at the end the 
following new item: 
"880. Receiving the proceeds of extortion.". 
(b) RANSOM MONEY.—Section 1202 of title 18, United States 
Code, is amended— 
(1) by designating the existing matter as subsection "(a)"; 
and 
(2) by adding the following new subsections: 
"(b) A person who transports, transmits, or transfers in inter-
state or foreign commerce any proceeds of a kidnapping punishable 
under State law by imprisonment for more than 1 year, or receives, 
possesses, conceals, or disposes of any such proceeds after they 
have crossed a State or United States boundary, knowing the pro-
ceeds to have been unlawfully obtained, shall be imprisoned not 
more than 10 years, fined under this title, or both. 
"(c) For purposes of this section, the term 'State' has the mean-
ing set forth in section 245(d) of this title.". 
SEC. 320602. RECEIVING THE PROCEEDS OF A POSTAL ROBBERY. 
Section 2114 of title 18, United States Code, is amended— 
(1) by striking "whoever" and inserting: 
"(a) ASSAULT.—^A person who"; and 
(2) by adding at the end the following new subsection: 
"(b) 
RECEIPT, POSSESSION, CONCEALMENT, OR DISPOSAL OF 
PROPERTY.—^A person who receives, possesses, conceals, or disposes 
of any money or other property that has been obtained in violation 
of this section, knowing the same to have been unlawfully obtained, 
shall be imprisoned not more than 10 years, fined under this 
title, or both.". 
SEC. 320603. CRIMES BY OR AFFECTING PERSONS ENGAGED IN THE 
BUSINESS OF INSURANCE WHOSE ACTIVITIES AFFECT 
INTERSTATE COMMERCE. 
(a) IN GENERAL.—Chapter 47 of title 18, United States Code, 
is amended by adding at the end the following new sections: 
108 STAT. 2116 
PUBLIC LAW 103-322—SEPT. 13, 1994 
*
*
§ 1033. Crimes by or affecting persons engaged in the busi-
ness of insurance whose activities affect inter-
state commerce 
"(a)(1) Whoever is engaged in the business of insurance whose 
activities affect interstate commerce and knowingly, with the intent 
to deceive, makes any false material statement or report or willfully 
and materially overvalues any land, property or security— 
"(A) in connection with any financial reports or documents 
presented to any insurance regulatory official or agency or 
an agent or examiner appointed by such official or agency 
to examine the affairs of such person, and 
"(B) for the purpose of influencing the actions of such 
official or agency or such an appointed agent or examiner, 
shall be punished as provided in paragraph (2). 
"(2) The punishment for an offense under paragraph (1) is 
a fine as established under this title or imprisonment for not 
more than 10 years, or both, except that the term of imprisonment 
shall be not more than 15 years if the statement or report or 
overvaluing of land, property, or security jeopardized the safety 
and soundness of an insurer and was a significant cause of such 
insurer being placed in conservation, rehabilitation, or liquidation 
by an appropriate court. 
"(b)(1) Whoever— 
"(A) acting as, or being an officer, director, agent, or 
employee of, any person engaged in the business of insurance 
whose activities affect interstate commerce, or 
"(B) is engaged in the business of insurance whose activities 
affect interstate commerce or is involved (other than as an 
insured or beneficiary under a policy of insurance) in a trans-
action relating to the conduct of affairs of such a business, 
willfully embezzles, abstracts, purloins, or misappropriates any of 
the moneys, funds, premiums, credits, or other property of such 
person so engaged shall be punished as provided in paragraph 
(2). 
"(2) The punishment for an offense under paragraph (1) is 
a fine as provided under this title or imprisonment for not more 
than 10 years, or both, except that if such embezzlement, abstrac-
tion, purloining, or misappropriation described in paragraph (1) 
jeopardized the safety and soundness of £in insurer and was a 
significant cause of such insurer being placed in conservation, 
rehabilitation, or liquidation by an appropriate court, such imprison-
ment shall be not more than 15 years. If the amount or value 
so embezzled, abstracted, purloined, or misappropriated does not 
exceed $5,000, whoever violates paragraph (1) shall be fined as 
provided in this title or imprisoned not more than one year, or 
both. 
"(c)(1) Whoever is engaged in the business of insurance and 
whose activities affect interstate commerce or is involved (other 
than as an insured or beneficiary under a policy of insurance) 
in a transaction relating to the conduct of affairs of such a business, 
knowingly makes any false entry of material fact in any book, 
report, or statement of such person engaged in the business of 
insurance with intent to deceive any person, including any officer, 
employee, or agent of such person engaged in the business of 
insurance, any insurance regulatory official or agency, or any agent 
or examiner appointed by such official or agency to examine the 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2117 
affairs of such person, about the financial condition or solvency 
. 
of such business shall be punished as provided in paragraph (2). 
"(2) The punishment for an offense under paragraph (1) is 
a fine as provided under this title or imprisonment for not more 
than 10 years, or both, except that if the false entry in Einy book, 
report, or statement of such person jeopardized the safety and 
soundness of an insurer and was a significant cause of such insurer 
being placed in conservation, rehabilitation, or liquidation by an 
appropriate court, such imprisonment shgdl be not more than 15 
years. 
"(d) Whoever, by threats or force or by any threatening letter 
or communication, corruptly influences, obstructs, or impedes or 
endeavors corruptly to influence, obstruct, or impede the due and 
proper administration of the law under which any proceeding involv-
ing the business of insurance whose activities affect interstate com-
merce is pending before any insurance regulatory official or agency 
or any agent or examiner appointed by such official or agency 
" 
to examine the affairs of a person engaged in the business of 
insurance whose activities affect interstate commerce, shall be fined 
as provided in this title or imprisoned not more than 10 years, 
or both. 
"(e)(1)(A) Any individual who has been convicted of any criminal 
felony involving dishonesty or a breach of trust, or who has been 
convicted of an offense under this section, and who willfully engages 
in the business of insurance whose activities affect interstate com-
merce or participates in such business, shall be fined as provided 
in this title or imprisoned not more than 5 years, or both. 
"(B) Any individual who is engaged in the business of insurance 
whose activities affect interstate commerce and who willfully per-
mits the participation described in subparagraph (A) shall be fined 
as provided in this title or imprisoned not more than 5 years, 
or both. 
"(2) A person described in paragraph (IXA) may engage in 
the business of insurance or participate in such business if such 
person has the written consent of any insurance regulatory official 
authorized to regulate the insurer, which consent specifically refers 
to this subsection. 
"(f) As used in this section— 
"(1) the term 'business of insurance' means— 
"(A) the writing of insurance, or 
"(B) the reinsuring of risks, 
by £in insurer, including all acts necessary or incidental to 
such writing or reinsuring and the activities of persons who 
act as, or are, officers, directors, agents, or employees of insur-
ers or who are other persons authorized to act on behalf of 
such persons; 
"(2) the term 'insurer' means any entity the business activ-
ity of which is the writing of insurance or the reinsuring of 
risks, and includes any person who acts as, or is, an officer, 
director, agent, or employee of that business; 
"(3) the term 'interstate commerce' means— 
"(A) commerce within the District of Columbia, or any 
territory or possession of the United States; 
"(B) all commerce between any point in the State, 
territory, possession, or the District of Columbia and any 
point outside thereof; 
108 STAT. 2118 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(C) all commerce between points within the same 
State through any place outside such State; or 
"(D) all other commerce over which the United States 
has jurisdiction; and 
"(4) the term 'State' includes any State, the District of 
Columbia, the Commonwealth of Puerto Rico, the Northern 
Mariana Islands, the Virgin Islands, American Samoa, and 
the Trust Territory of the Pacific Islands. 
*
*
§ 1034. Civil penalties and injunctions for violations of sec-
tion 1033 
"(a) The Attorney CJeneral may bring a civil action in the 
appropriate United States district court against any person who 
engages in conduct constituting an offense under section 1033 and, 
upon proof of such conduct by a preponderance of the evidence, 
such person shall be subject to a civil penalty of not more than 
$50,000 for each violation or the amount of compensation which 
the person received or offered for the prohibited conduct, whichever 
amount is greater. If the offense has contributed to the decision 
of a court of appropriate jurisdiction to issue an order directing 
the conservation, rehabilitation, or liquidation of an insurer, such 
penalty shall be remitted to the appropriate regulatory official 
for the benefit of the policyholders, claimants, and creditors of 
such insurer. The imposition of a civil penalty under this subsection 
does not preclude any other criminal or civil statutory, common 
law, or administrative remedy, which is available by law to the 
United States or any other person. 
"(b) If the Attorney General has reason to believe that a person 
is engaged in conduct constituting an offense under section 1033, 
the Attorney (Jeneral may petition an appropriate United States 
district court for an order prohibiting that person from engaging 
in such conduct. The court may issue em order prohibiting that 
person from engaging in such conduct if the court finds that the 
conduct constitutes such an offense. The filing of a petition under 
this section does not preclude any other remedy which is available 
by law to the United States or any other person.". 
(b) CLERICAL AMENDMEISTT.—The table of sections for chapter 
47 of such title is amended by adding at the end the following 
new items: 
"1033. Crimes by or affecting persons engaged in the business of insurance whose 
activities affect interstate commerce. 
"1034. Civil penalties and injunctions for violations of section 1033.". 
SEC. 320604. MISCELLANEOUS AMENDMENTS TO TITLE 18, UNITED 
STATES CODE. 
(a) TAMPERING WITH INSURANCE REGULATORY PROCEEDINGS.— 
Section 1515(a)(1) of title 18, United States Code, is amended— 
(1) by striking "or" at the end of subparagraph (B); 
(2) by inserting "or" at the end of subparagraph (C); and 
(3) by adding at the end thereof the following new subpara-
graph: 
"(D) a proceeding involving the business of insurance 
whose activities affect interstate commerce before any 
insurance regulatory official or agency or any agent or 
examiner appointed by such official or agency to examine 
the affairs of any person engaged in the business of insur-
ance whose activities affect interstate commerce; or". 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2119 
(b) LIMITATIONS.—Section 3293 of such title is amended by 
inserting "1033," after "1014,". 
(c) OBSTRUCTION OF CRIMINAL INVESTIGATIONS.—Section 1510 
of title 18, United States Code, is amended by adding at the end 
the following new subsection: 
"(d)(1) Whoever-
"(A) acting as, or being, an officer, director, agent or 
employee of a person engaged in the business of insurance 
whose activities affect interstate commerce, or 
"(B) is engaged in the business of insurance whose activities 
affect interstate commerce or is involved (other than as an 
insured or beneficiary under a policy of insurance) in a trans-
action relating to the conduct of adEfairs of such a business, 
with intent to obstruct a judicial proceeding, directly or indirectly 
notifies any other person about the existence or contents of a 
subpoena for records of that person engaged in such business or 
information that has been furnished to a Federal grand jury in 
response to that subpoena, shall be fined as provided by this title 
or imprisoned not more than 5 years, or both. 
"(2) As used in paragraph (1), the term 'subpoena for records' 
means a Federal grand jury subpoena for records that has been 
served relating to a violation of, or a conspiracy to violate, section 
1033 of this title.". 
SEC. 320605. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT. 
Section 19(a) of the Federal Deposit Insurance Act (12 U.S.C. 
1829(a)) is amended in paragraph (2)(A)(i)(I)— 
(1) by striking "or 1956"; and 
(2) by inserting "1517, 1956, or 1957". 
SEC. 320606. FEDERAL CREDIT UNION ACT AMENDMENTS. 
Section 205(d) of the Federal Credit Union Act (12 U.S.C. 
1785(d)) is amended to read as follows: 
"(d) PROHIBITION.— 
"(1) IN GENERAL.—^Except with prior written consent of 
the Board— 
"(A) any person who has been convicted of any criminal 
offense involving dishonesty or a breach of trust, or has 
agreed to enter into a pretrial diversion or similar program 
in connection with a prosecution for such offense, may 
not— 
"(i) become, or continue as, an institution-affiliated 
party with respect to any insured credit union; or 
"(ii) otherwise participate, directly or indirectly, 
in the conduct of the affairs of any insured credit 
union; and 
"(B) any insured credit union may not permit any 
person referred to in subparagraph (A) to engage in any 
conduct or continue any relationship prohibited under such 
subparagraph. 
"(2) MINIMUM IO-YEAR PROHIBITION PERIOD FOR CERTAIN 
OFFENSES.— 
"(A) IN GENERAL.—^If the offense referred to in para-
graph (1)(A) in connection with any person referred to 
in such paragraph is— 
"(i) an offense under— 
108 STAT. 2120 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(I) section 215, 656, 657, 1005, 1006, 1007, 
1008, 1014, 1032, 1344, 1517, 1956, or 1957 of 
title 18, United States Code; or 
"(II) section 1341 or 1343 of such title which 
affects any financial institution (as defined in sec-
tion 20 of such title); or 
"(ii) the offense of conspiring to commit any such 
offense, 
the Board may not consent to any exception to the applica-
tion of paragraph (1) to such person during the 10-year 
period beginning on the date the conviction or the agree-
ment of the person becomes final. 
"(B) EXCEPTION BY ORDER OF SENTENCING COURT.— 
"(i) IN GENERAL.—On motion of the Board, the 
court in which the conviction or the agreement of a 
person referred to in subparagraph (A) has been 
entered may grant an exception to the application of 
paragraph (1) to such person if granting the exception 
is in the interest of justice. 
"(ii) PERIOD FOR FILING.—A motion may be filed 
under clause (i) at any time during the 10-year period 
described in subparagraph (A) with regard to the per-
son on whose behalf such motion is made. 
"(3) PENALTY.—^Whoever knowingly violates paragraph (1) 
or (2) shall be fined not more than $1,000,000 for each day 
such prohibition is violated or imprisoned for not more than 
5 years, or both.". 
SEC. 
320607. ADDITIGN OF PREDICATE OFFENSES TO FINANCIAL 
INSTITUTIONS REWARDS STATUTE. 
Section 3059A of title 18, United States Code, is amended— 
(1) by inserting "225," after "215"; 
(2) by striking "or" before "1344"; and 
(3) by inserting ", or 1517" after "1344". 
SEC. 320608. DEFINITION OF "SAVINGS AND LOAN ASSOCIATION" FOR 
PURPOSES OF THE OFFENSE OF BANK ROBBERY AND 
RELATED OFFENSES. 
Section 2113 of title 18, United States Code, is amended by 
adding at the end the following new subsection: 
"(h) As used in this section, the term 'savings and loan associa-
tion' means— 
"(1) a Federal savings association or State savings associa-
tion (as defined in section 3(b) of the Federal Deposit Insurance 
Act (12 U.S.C. 1813(b))) having accounts insured by the Federal 
Deposit Insurance Corporation; and 
"(2) a corporation described in section 3(b)(1)(C) of the 
Federal Deposit Insurance Act (12 U.S.C. 1813(b)(1)(C)) that 
is operating under the laws of the United States.". 
SEC. 320609. DEFINITION OF 1-YEAR PERIOD FOR PURPOSES OF THE 
OFFENSE OF OBSTRUCTION OF A FEDERAL AUDIT. 
Section 1516(b) of title 18, United States Code, is amended— 
(1) by striking "section the term" and inserting "section— 
"(1) the term"; 
(2) by striking the period at the end and inserting a semi-
colon; and 
(3) by adding at the end the following new paragraph: 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2121 
"(2) the term *in any 1 year period' has the meaning given 
to the term 'in any one-year period' in section 666.". 
Subtitle G—Safer Streets and 
Neighborhoods 
Safer Streets 
and 
Neighborhoods 
Act of 1994. 
SEC. 320701. SHORT TITLE. 
This subtitle may be cited as the "Safer Streets and Neighbor-
hoods Act of 1994". 
SEC. 320702. LIMITATION ON GRANT DISTRIBUTION. 
(a) AMENDMENT.—Section 510(b) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3760(b)) is amended 
by inserting "non-Federal" after "with". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on October 1, 1994. 
42 u s e 3711 
note. 
42 use 3760 
note. 
Subtitle H—^Recreational Hunting Safety 
SEC. 320801. SHORT TITLE. 
This subtitle may be cited as the "Recreational Hunting Safety 
and Preservation Act of 1994". 
SEC. 320802. OBSTRUCTION OF A LAWFUL HUNT. 
It is a violation of this section intentionally to engage in any 
physical conduct that significantly hinders a lawful hunt. 
SEC. 320803. CIVIL PENALTIES. 
(a) IN GENERAL.—^A person who violates section 320802 shall 
be assessed a civil penalty in an amount computed under subsection 
(b). 
(b) COMPUTATION OF PENALTY.—The penalty shall be— 
(1) not more than $10,000, if the violation involved the 
use of force or violence, or the threatened use of force or 
violence, against the person or property of another person; 
and 
(2) not more than $5,000 for any other violation. 
(c) RELATIONSHIP TO OTHER PENALTiES.^The penalties estab-
lished by this section shall be in addition to other criminal or 
civil penalties that may be levied against the person as a result 
of an activity in violation of section 320802. 
(d) PROCEDURE.—^Upon receipt of— 
(1) a written complaint from an officer, employee, or agent 
of the Forest Service, Bureau of Land Management, National 
Park Service, United States Fish and Wildlife Service, or other 
Federal agency that a person violated section 320802; or 
(2) a sworn affidavit from an individual and a determina-
tion by the Secretary that the statement contains sufficient 
factual allegations to create a reasonable belief that a violation 
of section 320802 has occurred; 
the Secretary may request the Attorney General of the United 
States to institute a civil action for the imposition and collection 
of the civil penalty under this section. 
Recreational 
Hunting Safety 
and 
Preservation 
Act of 1994. 
16 use 5201 
note. 
16 u s e 5201. 
16 u s e 5202. 
108 STAT. 2122 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(e) USE OF PENALTY MONEY COLLECTED.—After deduction of 
costs attributable to collection, money collected from penalties shall 
be— 
(1) deposited into the trust fund established pursuant to 
the Act entitled "An Act to provide that the United States 
shall aid the States in wildlife-restoration projects, and for 
other purposes", approved September 2, 1937 (16 U.S.C. 669) 
(commonly known as the "Pitman-Robertson Wildlife Restora-
tion Act"), to support the activities authorized by such Act 
and undertaken by State wildlife management agencies; or 
(2) used in such other manner as the Secretary determines 
will enhance the funding and implementation of— 
(A) the North American Waterfowl Management Plan 
signed by the Secretary of the Interior and the Minister 
of Environment for Canada in May 1986; or 
(B) a similar program that the Secretary determines 
will enhance wildlife management— 
(i) on Federal lands; or 
(ii) on private or State-owned lands when the 
efforts will also provide a benefit to wildlife manage-
ment objectives on Federal lands. 
16 u s e 5203. 
SEC. 320804. OTHER RELIEF. 
Injunctive relief against a violation of section 320802 may be 
sought by— 
(1) the head of a State agency with jurisdiction over fish 
or wildlife management; 
(2) the Attorney (Jeneral of the United States; or 
(3) any person who is or would be adversely affected by 
the violation. 
16 u s e 5204. 
SEC. 320805. RELATIONSHIP TO STATE AND LOCAL LAW AND CIVIL 
ACTIONS. 
This subtitle does not preempt a State law or local ordinance 
that provides for civil or criminal penalties for conduct that violates 
this subtitle. 
16 use 5205. 
SEC. 320806. REGULATIONS. 
The Secretary may issue such regulations as are necessary 
to carry out this subtitle. 
16 use 5206. 
SEC. 320807. RULE OF CONSTRUCTION. 
Nothing in this subtitle shall be construed to impair a right 
guaranteed to a person under the first article of amendment to 
the Constitution or limit any legal remedy for forceful interference 
with a person's lawful participation in speech or peaceful assembly. 
16 use 5207. 
SEC. 320808. DEFINITIONS. 
As used in this subtitle: 
(1) FEDERAL LANDS.—^The term "Federal lands" means— 
(A) national forests; 
(B) public lands; 
(C) national parks; and 
(D) wildlife refuges. 
(2) LAWFUL HUNT.—^The term "lawful hunt" means the 
taking or harvesting (or attempted taking or harvesting) of 
wildlife or fish, on Federal lands, which— 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2123 
(A) is lawful under the laws applicable in the place 
it occurs; and 
(B) does not infringe upon a right of an owner of 
private property. 
(3) NATIONAL FOREST.—The term "national forest" means 
lands included in the National Forest System (as defined in 
section 11(a) of the Forest and Rangeland Renewable Resources 
Planning Act of 1974 (16 U.S.C. 1609(a))). 
(4) NATIONAL PARK.—^The term "national park" means lands 
and waters included in the National Park System (as defined 
in section 2(a) of the Act entitled "An Act to facilitate the 
management of the National Park System and miscellaneous 
areas administered in connection with that system, sind for 
other purposes", approved August 8, 1953 (16 U.S.C. lc(a))). 
(5) PUBLIC LANDS.—The term "public lands" has the same 
meaning as is provided in section 103(e) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1702(e)). 
(6) SECRETARY.—The term "Secretary" means— 
(A) the Secretary of Agriculture with respect to 
national forests; and 
(B) the Secretary of the Interior with respect to— 
(i) public lands; 
(ii) national parks; and 
(iii) wildlife refuges. 
(7) WILDLIFE REFUGE.—The term "wildlife refuge" means 
lands and waters included in the National Wildlife Refuge 
System (as established by section 4 of the National Wildlife 
Refuge System Administration Act of 1966 (16 U.S.C. 668dd)). 
(8) CONDUCT.—^The term "conduct" does not include speech 
protected by the first article of amendment to the Constitution. 
Subtitle I—Other Provisions 
SEC. 320901. WIRETAPS. 
Section 2511(1) of title 18, United States Code, is amended— 
(1) by striking "or" at the end of paragraph (c); 
(2) by inserting "or" at the end of paragraph (d); and 
(3) by adding after paragraph (d) the following new para-
graph: 
"(e)(i) intentionally discloses, or endeavors to disclose, to 
any other person the contents of any wire, oral, or electronic 
communication, intercepted by means authorized by sections 
2511(2)(A)(ii), 2511(b)-(c), 2511(e), 2516, and 2518 of this sub-
chapter, (ii) knowing or having reason to know that the informa-
tion was obtained through the interception of such a commu-
nication in connection with a criminal investigation, (iii) having 
obtained or received the information in connection with a crimi-
nal investigation, and (iv) with intent to improperly obstruct, 
impede, or interfere with a duly authorized criminal investiga-
tion,". 
SEC. 320902. THEFT OF MAJOR ARTWORK. 
(a) OFFENSE.—Chapter 31 of title 18, United States Code, is 
amended by adding at the end the following new section: 
*
*
§ 668. Theft of m^jor artwork 
"(a) DEFINITIONS.—In this section— 
108 STAT. 2124 
PUBLIC LAW 103-322—SEPT. 13, 1994 
" 'museum' means an organized and permanent institution, 
the activities of which affect interstate or foreign commerce, 
that— 
"(A) is situated in the United States; 
"(B) is estabhshed for an essentially educational or 
aesthetic purpose; 
"(C) has a professional staff; and 
"(D) owns, utilizes, and cares for tangible objects that 
are exhibited to the public on a regular schedule, 
"'object of cultural heritage' means an object that is— 
"(A) over 100 years old and worth in excess of $5,000; 
or 
"(B) worth at least $100,000.". 
"(b) OFFENSES.—^A person who— 
"(1) steals or obtains by fraud from the care, custody, 
or control of a museum any object of cultural heritage; or 
"(2) knowing that an object of cultural heritage has been 
stolen or obtained by fraud, if in fact the object was stolen 
or obtained from the care, custody, or control of a museum 
(whether or not that fact is known to the person), receives, 
conceals, exhibits, or disposes of the object, 
shall be fined under this title, imprisoned not more than 10 years, 
or both.". 
(b) PERIOD OF LIMITATION.—Chapter 213 of title 18, United 
States Code, is amended by adding at the end the following new 
section: 
*
*
§ 3294. Theft of m^'or artwork 
"No person shall be prosecuted, tried, or punished for a violation 
of or conspiracy to violate section 668 unless the indictment is 
returned or the information is filed within 20 years after the 
commission of the offense.". 
(d) TECHNICAL AMENDMENTS.— 
(1) CHAPTER 31.—^The chapter analysis for chapter 31 of 
title 18, United States Code, is amended by adding at the 
end the following new item: 
"668. Theft of major artwork.". 
(2) CHAPTER 213.—The chapter analysis for chapter 213 
of title 18, United States Code, is amended by adding at the 
end the following new item: 
"3294. Theft of major artwork.". 
SEC. 320903. ADDITION OF ATTEMPTED ROBBERY, KIDNAPPING, SMUG-
GLING, AND PROPERTY DAMAGE OFFENSES TO ELIMI-
NATE INCONSISTENCIES AND GAPS IN COVERAGE. 
(a) ROBBERY AND BURGLARY.—(1) Section 2111 of title 18, 
United States Code, is amended by inserting "or attempts to take" 
after "takes". 
(2) Section 2112 of title 18, United States Code, is amended 
by inserting "or attempts to rob" after "robs". 
(3) Section 2114 of title 18, United States Code, is amended 
by inserting "or attempts to rob" after "robs". 
(b) KIDNAPPING.—Section 1201(d) of title 18, United States 
Code, is amended by striking "Whoever attempts to violate sub-
section (a)(4) or (a)(5)" and inserting "Whoever attempts to violate 
subsection (a)". 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2125 
(c) SMUGGLING.—Section 545 of title 18, United States Code, 
is amended by inserting "or attempts to smuggle or clandestinely 
introduce" after "smuggles, or clandestinely introduces". 
(d) MALICIOUS MISCHIEF.—(1) Section 1361 of title 18, United 
States Code, is amended— 
(A) by inserting "or attempts to commit any of the foregoing 
offenses" before "shall be punished", and 
(B) by inserting "or attempted damage" after "damage" 
each place it appears. 
(2) Section 1362 of title 18, United States Code, is amended 
by inserting "or attempts willfully or maliciously to injure or 
destroy" after "willfully or maliciously injures or destroys". 
(3) Section 1366 of title 18, United States Code, is amended— 
(A) by inserting "or attempts to damage" after "damages" 
each place it appears; 
(B) by inserting "or attempts to cause" after "causes"; and 
(C) by inserting "or would if the attempted offense had 
been completed have exceeded" after "exceeds" each place it 
appears. 
SEC. 320904. GUN-FREE SCHOOL ZONES. 
Section 922(q) of title 18, United States Code, is amended— 
(1) by redesignating paragraphs (1), (2), and (3) as para-
graphs (2), (3), and (4), respectively; and 
(2) by inserting after "(q)" the following new paragraph: 
"(1) The Congress finds and declares that— 
"(A) crime, particularly crime involving drugs and guns, 
is a pervasive, nationwide problem; 
"(B) crime at the local level is exacerbated by the interstate 
movement of drugs, guns, and criminal gangs; 
"(C) firearms and ammunition move easily in interstate 
commerce and have been found in increasing numbers in and 
around schools, as documented in numerous hearings in both 
the Judiciary Committee of the House of Representatives and 
Judiciary Committee of the Senate; 
"(D) in fact, even before the sale of a firearm, the gun, 
its component parts, ammunition, and the raw materials from 
which they are made have considerably moved in interstate 
commerce; 
"(E) while criminals freely move from State to State, ordi-
nary citizens and foreign visitors may fear to travel to or 
through certain parts of the country due to concern about 
violent crime and gun violence, and parents may decline to 
send their children to school for the same reason; 
"(F) the occurrence of violent crime in school zones has 
resulted in a decline in the quality of education in our country; 
"(G) this decline in the quality of education has an adverse 
impact on interstate commerce and the foreign commerce of 
the United States; 
"(H) States, localities, and school systems find it almost 
impossible to handle gun-related crime by themselves; even 
States, localities, and school systems that have made strong 
efforts to prevent, detect, and punish gun-related crime find 
their efforts unavailing due in part to the failure or inability 
of other States or localities to take strong measures; and 
"(I) Congress has power, under the interstate commerce 
clause and other provisions of the Constitution, to enact meas-
108 STAT. 2126 
PUBLIC LAW 103-322—SEPT. 13, 1994 
ures to ensure the integrity and safety of the Nation's schools 
by enactment of this subsection.". 
SEC. 320906. INTERSTATE WAGERING. 
Section 1301 of title 18, United States Code, is amended by 
inserting "or, being engaged in the business of procuring for a 
person in 1 State such a ticket, chance, share, or interest in a 
lottery, gift, enterprise or similar scheme conducted by another 
State (unless that business is permitted under an agreement 
between the States in question or appropriate authorities of those 
States), knowingly transmits in interstate or foreign commerce 
information to be used for the purpose of procuring such a ticket, 
chance, share, or interest;" after "scheme;". 
SEC. 320906. SENSE OF CONGRESS WITH RESPECT TO VIOLENCE 
AGAINST TRUCKERS. 
It is the sense of Congress that— 
(1) when there is Federal jurisdiction. Federal authorities 
should prosecute to the fullest extent of the law murders, 
rapes, burglaries, kidnappings and assaults committed against 
commercial truckers; and 
(2) appropriate Federal agencies should acknowledge this 
problem and place a priority on evaluating how best to prevent 
these crimes and apprehend those involved, and continue to 
coordinate their activities with multi-jurisdictional authorities 
to combat violent crimes committed against truckers. 
SEC. 320907. SENSE OF THE SENATE REGARDING A STUDY ON OUT-
OF-WEDLOCK BIRTHS. 
It is the sense of the Senate that— 
(1) the Secretary of Health and Human Services, in con-
sultation with the National Center for Health Statistics, should 
prepare an analysis of the causes of the increase in out-of-
wedlock births, and determine whether there is any historical 
precedent for such increase, as well as any equivalent among 
foreign nations, and 
Reports. 
(2) the Secretary of Health and Human Services should 
report to Congress within 12 months after the date of the 
enactment of this Act on the Secretary's analysis of the out-
of-wedlock problem and its causes, as well as possible remedial 
measures that could be taken. 
SEC. 320908. SENSE OF THE SENATE REGARDING THE ROLE OF THE 
UNITED NATIONS IN INTERNATIONAL ORGANIZED 
CRIME CONTROL. 
Itis the sense of the Senate that— 
(1) the United States should encourage the development 
of a United Nations Convention on Organized Crime; and 
(2) the United Nations should— 
(A) provide significant additional resources to the 
Commission on Crime Prevention and Criminal Justice; 
(B) consider an expansion of the Commission's role 
and authority; and 
(C) seek a cohesive approach to the international orga-
nized crime problem. 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2127 
SEC. 320909. OPTIONAL VENUE 
FOR ESPIONAGE 
AND 
RELATED 
OFFENSES. 
(a) IN GENERAL.—Chapter 211 of title 18, United States Code, 
is amended by inserting after section 3238 the following new section: 
^§3239. Optional venue for espionage and related offenses 
'The trial for any offense involving a violation, begun or 
committed upon the high seas or elsewhere out of the jurisdiction 
of any particular State or district, of— 
"(1) section 793, 794, 798, or section 1030(a)(1) of this 
title; 
"(2) section 601 of the National Security Act of 1947 (50 
U.S.C. 421); or 
"(3) section 4(b) or 4(c) of the Subversive Activities Control 
Act of 1950 (50 U.S.C. 783 (b) or (c)); 
may be in the District of Columbia or in any other district author-
ized by law.". 
(b) TECHNICAL AMENDMENT.—The item relating to section 3239 
in the table of sections of chapter 211 of title 18, United States 
Code, is amended to read as follows: 
"3239. Optional venue for espionage and related offenses.". 
SEC. 320910. UNDERCOVER OPERATIONS. 
(a) IN GENERAL.—Chapter 1 of title 18, United States Code, 
is amended by adding at the end the following new section: 
^§21. Stolen or counterfeit nature of property for certain 
crimes defined 
"(a) Wherever in this title it is an element of an offense that— 
"(1) any property was embezzled, robbed, stolen, converted, 
taken, altered, counterfeited, falsely made, forged, or obliter-
ated; and 
"(2) the defendant knew that the property was of such 
character; 
such element may be established by proof that the defendant, 
after or as a result of an official representation as to the nature 
of the property, believed the property to be embezzled, robbed, 
stolen, converted, taken, altered, counterfeited, falsely made, forged, 
or obliterated. 
"(b) For purposes of this section, the term 'official representa-
tion' means any representation made by a Federal law enforcement 
officer (as defined in section 115) or by another person at the 
direction or with the approvsd of such an officer.". 
(b) TECHNICAL AMENDMENT.—The table of sections of chapter 
1 of title 18, United States Code, is amended by adding at the 
end the following new item: 
"21. Stolen or counterfeit nature of property for certain crimes defined.". 
SEC. 320911. MISUSE OF INITIALS "DEA". 
(a) AMENDMENT.—Section 709 of title 18, United States Code, 
is amended— 
(1) in the thirteenth unnumbered paragraph by striking 
"words—" and inserting "words; or"; and 
(2) by inserting after the thirteenth unnumbered paragraph 
the following new paragraph: 
108 STAT. 2128 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"A person who, except with the written permission of the 
Administrator of the Drug Enforcement Administration, knowingly 
uses the words 'Drug Enforcement Administration' or the initials 
'DEA' or any colorable imitation of such words or initials, in connec-
tion with any advertisement, circular, book, pamphlet, software 
or other publication, play, motion picture, broadcast, telecast, or 
other production, in a manner reasonably calculated to convey 
the impression that such advertisement, circular, book, pamphlet, 
software or other publication, play, motion picture, broadcast, tele-
cast, or other production is approved, endorsed, or authorized by 
the Drug Enforcement Administration;". 
18 use 709 note. 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
shall become effective on the date that is 90 days after the date 
of enactment of this Act. 
SEC. 320912. DEFINITION OF LIVESTOCK. 
Section 2311 of title 18, United States Code, is amended by 
inserting after the second paragraph relating to the definition of 
"cattle" the following new paragraph: 
"'livestock' means any domestic animals raised for home use, 
consumption, or profit, such as horses, pigs, llamas, goats, fowl, 
sheep, buffalo, and cattle, or the carcasses thereof.". 
SEC. 320913. ASSET FORFEITURE. 
(a) AMENDMENT.—Section 524(c)(1) of title 28, United States 
Code, is amended— 
(1) by redesignating subparagraph (H) as subparagraph 
(I); and 
(2) by inserting after subparagraph (G) the following new 
subparagraph: 
"(H) the payment of State and local property taxes on forfeited 
real property that accrued between the date of the violation giving 
rise to the forfeiture and the date of the forfeiture order; and'. 
28 use 524 note. 
(b) APPLICATION OF AMENDMENT.—The amendment made by 
subsection (a) shall apply to all claims pending at the time of 
or commenced subsequent to the date of enactment of this Act. 
SEC. 320914. CLARIFICATION OF DEFINITION OF A "COURT OF THE 
UNITED STATES" TO INCLUDE THE DISTRICT COURTS 
FOR GUAM, THE NORTHERN MARIANA ISLANDS, AND 
THE VIRGIN ISLANDS. 
(a) IN GENERAL.—Chapter 1 of title 18, United States Code, 
is amended by adding at the end the following new section: 
*
*
§ 23. Court of the United States deHned 
"As used in this title, except where otherwise expressly provided 
the term 'court of the United States' includes the District Court 
of Guam, the District Court for the Northern Mariana Islands, 
and the District Court of the Virgin Islands.". 
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter 
1 of title 18, United States Code, is amended by adding at the 
end the following new item: 
"23. Covirt of the United States defined.". 
SEC. 320915. LAW ENFORCEMENT PERSONNEL. 
It is the sense of the Senate that law enforcement personnel 
should not be reduced and calls upon the President of the United 
States to exempt Federal law enforcement positions from Executive 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2129 
Order 12839 and other Executive memoranda mandating reductions 
in the Federal workforce. 
SEC. 320916. AUTHORITY TO INVESTIGATE VIOLENT CRIMES AGAINST 
TRAVELERS. 
(a) IN GENERAL.—Chapter 33 of title 28, United States Code, 
is amended by adding at the end the following new section: 
"§ 540A. Investigation of violent crimes against travelers 
"(a) IN GENERAL.—At the request of an appropriate law enforce-
ment official of a State or political subdivision, the Attorney General 
and Director of the Federal Bureau of Investigation may assist 
in the investigation of a felony crime of violence in violation of 
the law of any State in which the victim appears to have been 
selected because he or she is a traveler. 
"(b) FOREIGN TRAVELERS.—In a case in which the traveler 
who is a victim of a crime described in subsection (a) is from 
a foreign nation, the Attorney General and Director of the Federal 
Bureau of Investigation, ana, when appropriate, the Secretary of 
State shall assist the prosecuting and law enforcement officials 
of a State or political subdivision to the fullest extent possible 
in securing from abroad such evidence or other information as 
may be needed for the effective investigation and prosecution of 
the crime. 
"(c) DEFINITIONS.—In this section— 
"'felony crime of violence' means an offense punishable 
by more than one year in prison that has as an element the 
use, attempted use, or threatened use of physical force against 
the person of another. 
"'State' means a State, the District of Columbia, and any 
commonwealth, territory, or possession of the United States, 
"'traveler' means a victim of a crime of violence who is 
not a resident of the State in which the crime of violence 
occurred.". 
(b) TECHNICAL AMENDMENT.—The chapter analysis for chapter 
33 of title 28, United States Code, is amended by adding at the 
end the following new item: 
"540A. Investigation of violent crimes against travelers.". 
SEC. 320917. EXTENSION OF STATUTE OF UMITATIONS FOR ARSON. 
(a) IN GENERAL.—Section 844(i) of title 18, United States Code, 
is amended by adding at the end the following: "No person shall 
be prosecuted, tried, or punished for any noncapital offense under 
this subsection unless the indictment is found or the information 
is instituted within 7 years sifter the date on which the offense 
was committed.". 
(b) APPLICATION OF AMENDMENT.—The amendment made by 18 use 844 note, 
subsection (a) shall not apply to any offense described in the amend-
ment that was committed more than 5 years prior to the date 
of enactment of this Act. 
SEC. 320918. SENSE OF CONGRESS CONCERNING CHILD CUSTODY AND 
VISITATION RIGHTS. 
It is the sense of the Congress that in determining child custody 
and visitation rights, the courts should take into consideration 
the history of drunk driving that any person involved in the deter-
mination may have. 
108 STAT. 2130 
PUBLIC LAW 103-322—SEPT. 13, 1994 
42 use 14223. 
Courts. 
SEC. 320919. EDWARD BYRNE MEMORIAL FORMULA GRANT PROGRAM. 
Nothing in this Act shsdl be construed to prohibit or exclude 
the expenditure of appropriations to grant recipients that would 
have been or are eligible to receive grants under subpart 1 of 
part E of the Omnibus Crime Control and Safe Streets Act of 
1968. 
SEC. 320920. SENSE OF THE SENATE REGARDING LAW DAY, IJ.SJL 
It is the sense of the Senate that in celebration of "Law Day, 
U.S.A.", May 1, 1995, the grateful people of this Nation should 
give special emphasis to all law enforcement personnel of the United 
States, and the grateful people of this Nation should acknowledge 
the unflinching and devoted service law enforcement personnel 
perform as such personnel help preserve domestic tranquillity and 
guarantee the legal rights of all individuals of this Nation. 
SEC. 320921. FIRST 
TIME 
DOMESTIC 
VIOLENCE 
OFFENDER 
REHABILITATION PROGRAM. 
(a) SENTENCE OF PROBATION.—Section 3561 of title 18, United 
States Code, is amended— 
(1) by redesignating subsection (b) as subsection (c); and 
(2) by inserting the following new subsection after sub-
section (a): 
"(b) DOMESTIC VIOLENCE OFFENDERS.—A defendant who 
has 
been convicted for the first time of a domestic violence crime shall 
be sentenced to a term of probation if not sentenced to a term 
of imprisonment. The term 'domestic violence crime' means a crime 
of violence for which the defendant may be prosecuted in a court 
of the United States in which the victim or intended victim is 
the spouse, former spouse, intimate partner, former intimate part-
ner, child, or former child of the defendant, or any relative defend-
ant, child, or former child of the defendant, or any other relative 
of the defendant.". 
(b) CONDITIONS OF PROBATiON.^Section 3563(a) of title 18, 
United States Code, is amended by— 
(1) striking "and" at the end of paragraph (2); 
(2) striking the period at the end of paragraph (3) and 
inserting "; and"; and 
(3) by inserting the following new paragraph: 
"(4) for a domestic violence crime as defined in section 
3561(b) by a defendant convicted of such an offense for the 
first time that the defendant attend a public, private, or private 
nonprofit 
offender 
rehabilitation program that has been 
approved by the court, in consultation with a State Coalition 
Against Domestic Violence or other appropriate experts, if an 
approved program is readily available within a 50-mile radius 
of the legal residence of the defendant.". 
(c) SUPERVISED RELEASE.—Section 3583 of title 18, United 
States Code, is amended— 
(1) in subsection (a) by inserting "or if the defendant has 
been convicted for the first time of a domestic violence crime 
as defined in section 3561(b)" after "statute"; £ind 
(2) in subsection (d) by inserting the following after the 
first sentence: 'The court shall order as an explicit condition 
of supervised release for a defendant convicted for the first 
time of a domestic violence crime as defined in section 3561(b) 
that the defendant attend a public, private, or private nonprofit 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2131 
offender rehabilitation program that has been approved by 
the court, in consultation with a State Coalition Against Domes-
tic Violence or other appropriate experts, if an approved pro-
gram is readily available within a 50-mile radius of the legal 
residence of the defendant.". 
SEC. 320922. DISPLAY OF FLAGS AT HALFSTAFF. 
(a) PUBLIC LAW 87-726.—The first section of Public Law 87-
726 (36 U.S.C. 167) is amended— 
(1) by striking "(2)" and inserting "(3)"; 
(2) by inserting after clause (1) the following new clause: 
"(2) directing the officials of the Government to display at 
halfstsiff the flag of the United States on all Government build-
ings on such day, as provided by section 3(m) of the Act of 
June 22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C. 175),"; 
(3) by striking "(3)" and inserting "(4)"; and 
(4) by inserting in paragraph (4) ", including the display 
at halfstaff of the flag of the United States" after "activities". 
(b) ACT OF JUNE 22, 1942.—Section 3(m) of the Act of June 
22, 1942 (Chapter 435; 56 Stat. 377; 36 U.S.C. 175) is amended 
by inserting "The flag shall be flown at halfstaff on Peace Officers 
Memorial Day, unless that day is also Armed Forces Day." £ifter 
"a Member of Congress.". 
SEC. 320923. FINANCLVL INSTITUTION FRAUD. 
Section 528 of Public Law 101-509, approved November 5, 
1990, is amended by striking "with the authority of the Resolution 28 USC 509 note. 
Trust Corporation or its successor" at the end of subsection (b)(2) 
and inserting "on December 31, 2004". 
SEC. 320924. DEFINITION OF "PARENT" FOR THE PURPOSES OF THE 
OFFENSE OF KIDNAPPING. 
Section 1201 of title 18, United States Code, is amended by 
adding at the end the following new subsection: 
"(h) As used in this section, the term 'parent' does not include 
a person whose parental rights with respect to the victim of an 
offense under this section have been terminated by a final court 
order.". 
SEC. 320926. HATE CRIME STATISTICS ACT. 
Subsection (b)(1) of the first section of the Hate Crime Statistics 
Act (28 U.S.C. 534 note) is amended by inserting "disability," after 
"religion,". 
SEC. 320927. EXEMPTION 
FROM 
BRADY 
BACKGROUND 
CHECK 
REQUIREMENT OF RETURN OF HANDGUN TO OWNER. 
Section 922(s)(l) of title 18, United States Code, is amended 
in the first sentence by inserting "(other than the return of a 
handgun to the person from whom it was received)" after "handgun". 
SEC. 320928. AMENDMENT OF THE NATIONAL CHILD PROTECTION ACT 
OF 1993. 
(a) 
PROTECTION OF THE 
ELDERLY AND INDIVIDUALS 
WITH 
DISABILITIES.— 
(1) BACKGROUND CHECKS.—Section 3(a)(1) of the National 
Child Protection Act of 1993 (42 U.S.C. 5119a) is amended 
by striking "an individual's fitness to have responsibility for 
the safety and well-being of children" and inserting "the provid-
108 STAT. 2132 
PUBLIC LAW 103-322—SEPT. 13, 1994 
er's fitness to have responsibility for the safety and well-being 
of children, the elderly, or individuals with disabilities". 
(2) GUIDELINES.—Section 3(b) of the National Child Protec-
42 use 5119a. 
tion Act of 1993 (42 U.S.C. 5119b(b)) is amended— 
(A) in paragraph (1)(E)— 
(i) by striking "child" the first place it appears 
and inserting "person"; and 
(ii) by striking "child" the second place it appears; 
and 
(B) in paragraph (4) by striking "an individual's fitness 
to have responsibility for the safety and well-being of chil-
dren" and inserting "the provider's fitness to have respon-
sibility for the safety and well-being of children, the elderly, 
or individuals with disabilities". 
(3) DEFINITION OF CARE.—Section 5 of the National Child 
Protection Act of 1993 (42 U.S.C. 5119c(5)) is amended— 
(A) by amending paragraph (5) to read as follows: 
"(5) the term 'care' means the provision of care, treatment, 
education, training, instruction, supervision, or recreation to 
children, the elderly, or individuals with disabilities;"; and 
(B) in paragraph (8) by striking "child care" each place 
it appears and inserting "care". 
(b) INFORMATION REQUIRED TO BE REPORTED.—Section 
2(a) 
of the National Child Protection Act of 1993 (42 U.S.C. 5119(a)) 
is amended by adding at the end "A criminal justice agency may 
satisfy the requirement of this subsection by reporting or indexing 
all felony and serious misdemeanor arrests and dispositions.". 
(c) CLARIFICATION OF IMMUNITY PROVISION.—Section 3(d) 
of 
the National Child Protection Act of 1993 (42 U.S.C. 5119a(d)) 
is amended by inserting "(other than itself)" after "failure of a 
qualified entity". 
(d) DEFRAYMENT OF COSTS TO VOLUNTEERS OF CONDUCTING 
BACKGROUND CHECKS.—Section 4(b) of the National Child Protec-
tion Act of 1993 (42 U.S.C. 5119b(b)) is amended— 
(1) by striking "and" at the end of subparagraph (C); 
(2) by striking the period at the end of subparagraph (D) 
and inserting "; and"; and 
(3) by adding at the end the following new subparagraph: 
"(E) to assist the State in paying all or part of the cost 
to the State of conducting background checks on persons who 
are employed by or volunteer with a public, not-for-profit, or 
voluntary qualified entity to reduce the amount of fees charged 
for such background checks.". 
(e) FEES.—Section 3(e) of the National Child Protection Act 
of 1993 is amended by striking "the actual cost" and inserting 
"eighteen dollars, respectively, or the actual cost, whichever is less,". 
(f) COSTS OF THE FBI.—^Funds authorized to be appropriated 
to the Federal Bureau of Investigation under section 190001(c) 
of this Act may be used to pay all or part of the cost to the 
Federal Bureau of Investigation of carrying out the National Child 
Protection Act of 1993, including the cost of conducting background 
checks on persons who are employed by or volunteer with a public, 
not-for-profit, or voluntary qualified entity to reduce the amount 
of fees charged for such background checks. 
42 use 5119 
(g) GUIDELINES.— 
^°^- 
(1) IN GENERAL.—The Attorney General, in consultation 
with Federal, State, and local officials, including officials 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2133 
responsible for criminal history record systems, and representa-
tives of public and private care organizations and health, legal, 
and social welfare organizations, shall develop guidelines for 
the adoption of appropriate safeguards by care providers and 
by States for protecting children, the elderly, or individuals 
with disabilities from abuse. 
(2) MATTERS TO BE ADDRESSED.—In developing guidelines 
under paragraph (1), the Attorney (leneral shall address the 
availability, cost, timeliness, and effectiveness of criminal his-
tory background checks and recommend measures to ensure 
that fees for background checks do not discourage volunteers 
from participating in care programs. 
(3) DISSEMINATION.—The Attorney General shall, subject 
to the availability of appropriations, disseminate the guidelines 
to State and local officials and to public and private care 
providers. 
(h) 
CHANGE OF REPORT DEADLINE.—Section 2(f)(2) of 
the 
National Child Protection Act of 1993 (42 U.S.C. 5119(f)(2)) is 
amended by striking "1 year" and inserting "2 years". 
(i) CHANGE OF IMPLEMENTATION DEADLINE.—Section 2(b)(2)(A) 
of the National 
Child Protection Act of 1993 (42 U.S.C. 
5119(b)(2)(A)) is amended by striking "3 years" and inserting "5 
years". 
(j) DEFINITION OF CHILD ABUSE CASES AND INDIVIDUALS WITH 
DISABILITIES.—Section 5 of the National Child Protection Act of 
1993 (42 U.S.C. 5119c) is amended— 
(1) by redesignating paragraphs (6), (7), (8), and (9) as 
paragraphs (8), (9), (10), and (11), respectively; and 
(2) by inserting after paragraph (5) the following new para-
graphs: 
"(6) the term 'identifiable child abuse crime case' means 
a case that can be identified by the authorized criminal justice 
agency of the State as involving a child abuse crime by reference 
to the statutory citation or descriptive label of the crime as 
it appears in the criminal history record; 
"(7) the term 'individuals with disabilities' means persons 
with a mental or physical impairment who require assistance 
to perform one or more daily living tasks;". 
SEC. 320929. TENNESSEE VALLEY AUTHORITY LAW ENFORCEMENT 
PERSONNEL. 
The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 
et seq.) is amended by inserting after section 4 the following new 
section: 
"SEC. 
4A. LAW ENFORCEMENT.—(a) DESIGNATION OF LAW 16USC831C-3. 
ENFORCEMENT AGENTS.—^The Board may designate employees of 
the corporation to act as law enforcement agents in the area of 
jurisdiction described in subsection (c). 
"(b) DUTIES AND POWERS.— 
"(1) DUTIES.—^A law enforcement agent designated under 
subsection (a) shall maintain law and order and protect persons 
and property in the area of jurisdiction described in subsection 
(c) and protect property and officials and employees of the 
corporation outside that area. 
"(2) POWERS.—In the performance of duties described in 
paragraph (1), a law enforcement agent designated under sub-
section (a) may— 
108 STAT. 2134 
PUBLIC LAW 103-322—SEPT. 13, 1994 
"(A) make arrests without warrant for any offense 
against the United States committed in the agent's pres-
ence, or for any felony cognizable under the laws of the 
United States if the agent has probable cause to believe 
that the person to be arrested has committed or is commit-
ting such a felony; 
"(B) execute any warrant or other process issued by 
a court or officer of competent jurisdiction for the enforce-
ment of any Federal law or regulation issued pursuant 
to law in connection with the investigation of an offense 
described in subparagraph (A); 
"(C) conduct an investigation of an offense described 
in subparagraph (A) in the absence of investigation of 
the offense by any Federal law enforcement agency having 
investigative jurisdiction over the offense or with the 
concurrence of that agency; and 
"(D) carry firearms in carrying out any activity 
described in subparagraph (A), (B), or (C). 
"(c) AREA OF JURISDICTION.—^A law enforcement agent des-
ignated under subsection (a) shall be authorized to exercise the 
law enforcement duties and powers described in subsection (b)— 
"(1) on any lands or facilities owned or leased by the 
corporation or within such adjoining areas in the vicinities 
of such lands or facilities as may be determined by the board 
under subsection (e); and 
"(2) on other lands or facilities— 
"(A) when the person to be arrested is in the process 
of fleeing from such lands, facilities, or adjoining areas 
to avoid arrest; 
"(B) in conjunction with the protection of property or 
officials or employees of the corporation on or within lands 
or facilities other than those owned or leased by the cor-
poration; or 
"(C) in cooperation with other Federal, State, or local 
law enforcement agencies. 
"(d) 
FEDERAL INVESTIGATIVE JURISDICTION AND STATE CIVIL 
AND CRIMINAL JURISDICTION NOT PREEMPTED.—Nothing in this sec-
tion shall be construed to— 
"(1) limit or restrict the investigative jurisdiction of any 
Federal law enforcement agency; or 
"(2) affect any right of a State or a political subdivision 
thereof to exercise civil and criminal jurisdiction on or within 
lands or facilities owned or leased by the corporation. 
"(e) DETERMINATION OF ADJOINING AREAS.— 
"(1) IN GENERAL.—^The board shall determine and may 
from time-to-time modify the adjoining areas for each facility 
or particular area of land, or for individual categories of such 
facilities or lands, for the purposes of subsection (cXl). 
Federal 
"(2) NOTICE.—^A notice and description of each adjoining 
^sister, 
^j.gg^ determination or modification of a determination made 
pu ica ion. 
under paragraph (1) shall be published in the Federal Register. 
"(f) QUALIFICATIONS AND TRAINING.—The board, in consultation 
with the Attorney General, shall adopt qualification and training 
standards for law enforcement agents designated under subsection 
(a). 
"(g) RELATION TO OTHER LAW.—A law enforcement agent des-
ignated under subsection (a) shall not be considered to be a law 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2135 
enforcement officer of the United States for the purposes of any 
other law, and no law enforcement agent designated under sub-
section (a) or other employee of the corporation shall receive an 
increase in compensation solely on account of this section. 
"(h) RELATIONSHIP WITH ATTORNEY GENERAL.—The duties and 
powers of law enforcement agents designated under subsection (a) 
that are described in subsection (b) shall be exercised in accordance 
with guidelines approved by the Attorney General.". 
SEC. 320932. ASSISTANT UNITED STATES ATTORNEY RESIDENCY. 
Section 545(a) of title 28, United States Code, is amended— 
(1) by striking "and assistant United States attorney"; and 
(2) by inserting the following after the first sentence: "Each 
assistant United States attorney shall reside in the district 
for which he or she is appointed or within 25 miles thereof.". 
SEC. 320933. LABELS ON PRODUCTS. 
15 USC 45a. 
To the extent any person introduces, delivers for introduction, 
sells, advertises, or offers for ssde in commerce a product with 
a "Made in the U.S.A." or "Made in America" label, or the equivalent 
thereof, in order to represent that such product was in whole 
or substantial part of domestic origin, such label shall be consistent 
with decisions and orders of the Federal Trade Commission issued 
pursuant to section 5 of the Federal Trade Commission Act. This 
section only applies to such labels. Nothing in this section shall 
preclude the application of other provisions of law relating to label-
ing. The Commission may periodically consider an appropriate 
percentage of imported components which may be included in the 
product and still be reasonably consistent with such decisions and 
orders. Nothing in this section shall preclude use of such labels 
for products that contain imported components under the label 
when the label also discloses such information in a clear and 
conspicuous manner. The Commission shall administer this section 
pursuant to section 5 of the Federal Trade Commission Act and 
may from time to time issue rules pursuant to section 553 of 
title 5, United States Code, for such purpose. If a rule is issued, 
such violation shall be treated by the Commission as a violation 
of a rule under section 18 of the Federal Trade Commission Act 
(15 U.S.C. 57a) regarding unfair or deceptive acts or practices. 
This section shall be effective upon publication in the Federal 
Register of a Notice of the provisions of this section. The Commis-
sion shall publish such notice within six months after the enactment 
of this section. 
SEC. 320934. NON-DISCHARGEABIUTY OF PAYMENT OF RESTITUTION 
ORDER. 
Section 523(a) of title 11, United States Code, is amended— 
(1) by striking "or" at the end of paragraph (11); 
(2) by striking the period at the end of paragraph (12) 
and inserting "; or"; and 
(3) by adding at the end the following new paragraph: 
"(13) for any payment of an order of restitution issued 
under title 18, United States Code.". 
SEC. 320935. ADMISSIBILITY OF EVIDENCE OF SIMILAR CRIMES IN SEX 
28 USC app. 
OFFENSE CASES. 
(a) The Federal Rules of Evidence are amended by adding 
after Rule 412 the following new rules: 
Effective date. 
Federal 
Register, 
publication. 
108 STAT. 2136 
PUBLIC LAW 103-322~SEPT. 13, 1994 
'^Rule 413. Evidence of Similar Crimes in Sexual Assault 
Cases 
"(a) In a criminal case in which the defendant is accused 
of an offense of sexual assault, evidence of the defendant's commis-
sion of another ofTense or ofTenses of sexual assault is admissible, 
and may be considered for its bearing on any matter to which 
it is relevant. 
"(b) In a case in which the Grovernment intends to offer evidence 
under this rule, the attorney for the Government shall disclose 
the widence to the defendant, including statements of witnesses 
or a summary of the substance of any testimony that is expected 
to be offered, at least fifteen days before the scheduled date of 
trial or at such later time as the court may allow for good cause. 
"(c) This rule shall not be construed to limit the admission 
or consideration of evidence under any other rule. 
"(d) For purposes of this rule and Rule 415, "offense of sexual 
assault" means a crime under Federal law or the law of a State 
(as defined in section 513 of title 18, United States Code) that 
involved— 
"(1) any conduct proscribed by chapter 109A of title 18, 
United States Code; 
"(2) contact, without consent, between any part of the 
defendant's body or an object and the genitals or anus of 
another person; 
"(3) contact, without consent, between the genitals or anus 
of the defendant and any part of another person's body; 
"(4) deriving sexual pleasure or gratification from the inflic-
r tion of death, bodily injury, or physical pain on another person; 
or 
"(5) an attempt or conspiracy to engage in conduct described 
in paragraphs (l)--(4). 
**Rule 414. Evidence of Similar Crimes in Child Molestation 
Cases 
"(a) In a criminal case in which the defendant is accused 
of an offense of child molestation, evidence of the defendant's 
commission of another offense or offenses of child molestation is 
admissible, and may be considered for its bearing on any matter 
to which it is relevant. 
"(b) In a case in which the Government intends to offer evidence 
under this rule, the attorney for the Grovemment shall disclose 
the evidence to the defendant, including statements of witnesses 
or a summary of the substance of any testimony that is expected 
to be offered, at least fifteen days before the scheduled date of 
trial or at such later time as the court may allow for good cause. 
"(c) This rule shall not be construed to limit the admission 
or consideration of evidence under any other rule. 
"(d) For purposes of this rule and Rule 415, "child" means 
a person below the age of fourteen, and "offense of child molestation" 
means a crime under Federal law or the law of a State (as defined 
in section 513 of title 18, United States Code) that involved— 
"(1) any conduct proscribed by chapter 109A of title 18, 
United States Code, that was committed in relation to a child; 
"(2) any conduct proscribed by chapter 110 of title 18, 
United States Code; 
"(3) contact between any part of the defendant's body or 
an object and the genitals or anus of a child; 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2137 
i 
"(4) contact between the genitals or anus of the defendant 
and any part of the body of a child; 
"(5) deriving sexual pleasure or gratification from the inflic-
tion of death, bodily injury, or physical pain on a child; or 
"(6) an attempt or conspiracy to engage in conduct described 
in paragraphs (IMS). 
^Rule 415. Evidence of Similar Acts in Civil Cases Concern-
ing Sexual Assault or Child Molestation 
"(a) In a civil case in which a claim for damages or other 
relief is predicated on a party's alleged commission of conduct 
constituting an offense of sexual assault or child molestation, evi-
dence of that party's commission of another offense or offenses 
of sexual assault or child molestation is admissible and may be 
considered as provided in Rule 413 and Rule 414 of these rules. 
"(b) A party who intends to offer evidence under this Rule 
shall disclose the evidence to the party against whom it will be 
offered, including statements of witnesses or a summary of the 
substance of any testimony that is expected to be offered, at least 
fifteen days before the scheduled date of trial or at such later 
time as the court may allow for good cause. 
"(c) This rule shall not be construed to limit the admission 
or consideration of evidence under any other rule." 
(b) IMPLEMENTATION.—^The amendments made by subsection 
(a) shall become effective pursuant to subsection (d). 
(c) RECOMMENDATIONS BY JUDICIAL CONFERENCE.—Not later 
than 150 days after the date of enactment of this Act, the Judicial 
Conference of the United States shall transmit to Congress a report 
containing recommendations for amending the Federal Rules of 
Evidence as they affect the admission of evidence of a defendant's 
prior sexual assault or child molestation crimes in cases involving 
sexual assault and child molestation. The Rules Enabling Act shall 
not apply to the recommendations made by the Judicial Conference 
pursuant to this section. 
(d) CONGRESSIONAI. ACTION.— 
(1) If the recommendations described in subsection (c) are 
the same as the amendment made by subsection (a), then 
the amendments made by subsection (a) shall become effective 
30 days Eifter the transmittal of the recommendations. 
(2) If the recommendations described in subsection (c) are 
different than the amendments made by subsection (a), the 
amendments made by subsection (a) shall become effective 150 
days after the transmittal of the recommendations unless other-
wise provided by law. 
(3) If the Judicial Conference fails to comply with sub-
section (c), the amendments made by subsection (a) shall 
become effective 150 days after the date the recommendations 
were due under subsection (c) unless otherwise provided by 
law. 
(e) APPLICATION.—^The amendments made by subsection (a) 
shall apply to proceedings commenced on or after the effective 
date of such amendments. 
Reports. 
Effective date. 
79-194 O—95—13 : QL 3 Part 3 
108 STAT. 2138 
PUBLIC LAW 103-322—SEPT. 13, 1994 
TITLE XXXIII—TECHNICAL 
CORRECTIONS 
SEC. 330001. AMENDMENTS RELATING TO FEDERAL FINANCIAL 
ASSISTANCE FOR LAW ENFORCEMENT. 
(a) CROSS REFERENCE CORRECTIONS.—Section 506 of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3756) is amended— 
(1) in subsection (a) by striking "Of and inserting "Subject 
to subsection (f), of; 
(2) in subsection (c) by striking "subsections (b) and (c)" 
and inserting "subsection (b)"; 
(3) in subsection (e) by striking "or (e)" and inserting "or 
(D"; and 
(4) in subsection (f)(1)— 
(A) in subparagraph (A)— 
(i) by striking ", taking into consideration sub-
section (e) but"; and 
(ii) by striking "this subsection," and inserting 
"this subsection"; and 
(B) in subparagraph (B) by striking "amount" and 
inserting "funds". 
(b) CORRECTIONAL OPTIONS GRANTS.—(1) Section 515(b) of title 
42 use 3762a. 
I of the Omnibus Crime Control and Safe Streets Act of 1968 
is amended— 
(A) by striking "subsection (a)(1) and (2)" and inserting 
"paragraphs (1) and (2) of subsection (a)"; and 
(B) in paragraph (2) by striking "States" and inserting 
"public agencies". 
(2) Section 516 of title I of the Omnibus Crime Control and 
42 use 3762b. 
Safe Streets Act of 1968 is amended— 
(A) in subsection (a) by striking "for section" each place 
it appears and inserting "shall be used to make grants under 
section"; and 
(B) in subsection (b) by striking "section 515(a)(1) or (a)(3)" 
and inserting "paragraph (1) or (3) of section 515(a)". 
(3) Section 1001(a)(5) of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(5)) is amended 
by inserting "(other than chapter B of subpart 2)" after "and E". 
(c) DENIAL O
R TERMINATION OF GRANT.—Section 802(b) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3783(b)) is amended by striking "M„" and inserting 
"M,". 
(d) DEFINITIONS.—Section 901(a)(21) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(21)) 
is amended by adding a semicolon at the end. 
(e) PUBLIC SAFETY OFFICERS DISABILITY BENEFITS.—^Title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796) is amended— 
42 use 3796. 
(1) in section 1201— 
(A) in subsection (a) by striking "subsection (g)" and 
inserting "subsection (h),"; and 
(B) in subsection (b)-— 
(i) by striking "subsection (g)" and inserting "sub-
section (h)"; 
(ii) by striking "personal"; and 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2139 
(iii) in the first proviso by striking "section" and 
inserting "subsection"; and 
(2) in section 1204(3) by striking "who was responding 
to a fire, rescue or pohce emergency". 
(f) HEADINGS.—(1) The heading for part M of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3797) is amended to read as follows: 
42 use 3796b. 
PART M—REGIONAL INFORMATION SHARING SYSTEMS . 
(2) The heading for part O of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3797) is amended 
to read as follows: 
PART 
O—RURAL 
DRUG 
ENFORCEMENT 
. 
(g) TABLE OF CONTENTS.—^The table of contents of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 is 
amended— 
(1) in the item relating to section 501 by striking "Drug 
Control and System Improvement Grant" and inserting "drug 
control and system improvement grant"; 
(2) in the item relating to section 1403 by striking "Applica-
tion" and inserting "Applications"; and 
(3) in the items relating to part O by redesignating sections 
1401 and 1402 as sections 1501 and 1502, respectively. 
(h) OTHER TECHNICAL AMENDMENTS.—^Title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 is amended— 
(1) in section 202(c)(2)(E) by striking "crime,," and inserting 
42 USC 3722. 
"crime "* 
(2) in section 302(c)(19) by striking a period at the end 42 USC 3732. 
and inserting a semicolon; 
(3) in section 602(a)(1) by striking "chapter 315" and insert- 42 USC 3769a. 
ing "chapter 319"; 
(4) in section 603(a)(6) by striking "605" and inserting 42 USC 3769b. 
"606"; 
(5) in section 605 by striking "this section" and inserting 
42 USC 3769c. 
"this part"; 
(6) in section 606(b) by striking "and Statistics" and insert- 
42 USC 3769d. 
ing "Statistics"; 
(7) in section 801(b)— 
42 USC 3782. 
(A) by striking "parts D," and inserting "parts"; 
(B) by striking "part D" each place it appears and 
inserting "subpart 1 of part E"; 
(C) by striking "403(a)" and inserting "501"; and 
(D) by striking "403" and inserting "503"; 
(8) in the first sentence of section 802(b) by striking "part 
42 use 3783. 
D," and inserting "subpart 1 of part E or under part"; 
(9) in the second sentence of section 804(b) by striking 
42 USC 3785. 
"Prevention or" and inserting "Prevention, or"; 
(10) in section 808 by striking "408, 1308," and inserting 42 USC 3789. 
"507"; 
(11) in section 809(c)(2)(H) by striking "805" and inserting 
42 USC 3789d. 
"804"; 
(12) in section 811(e) by striking "Law Enforcement Assist- 
42 USC 3789f. 
ance Administration" and inserting "Bureau of Justice Assist-
ance": 
108 STAT. 2140 
PUBLIC LAW 103-322—SEPT. 13, 1994 
42 use 3791. 
(13) in section 901(a)(3) by striking "and," and inserting 
", and"; 
42 use 3793. 
(14) in section 1001(c) by striking "parts" and inserting 
"part". 
(i) CONFORMING AMENDMENT TO OTHER LAW.—Section 4351(b) 
of title 18, United States Code, is amended by striking "Adminis-
trator of the Law Enforcement Assistance Administration" and 
inserting "Director of the Bureau of Justice Assistance". 
SEC. 330002. GENERAL TITLE 18 CORRECTIONS. 
(a) SECTION 1031.—Section 1031(g)(2) of title 18, United States 
Code, is amended by striking "a government" and inserting "a 
Government". 
(b) SECTION 208.—Section 208(cXl) of title 18, United States 
Code, is amended by striking "Banks" and inserting "banks". 
(c) SECTION 1007.—The heading for section 1007 of title 18, 
United States Code, is amended by striking "Transactions" and 
inserting "transactions". 
(d) SECTION 1014.—Section 1014 of title 18, United States 
Code, is amended by striking the comma that follows a comma. 
(e) 
ELIMINATION OF OBSOLETE CROSS REFERENCE.—Section 
3293 of title 18, United States Code, is amended by striking "1008,". 
(f) ELIMINATION OF DUPLICATE SUBSECTION DESIGNATION.—Sec-
tion 1031 of title 18, United States Code, is amended by redesignat-
ing the second subsection (g) as subsection (h). 
(g) TECHNICAL AMENDMENT TO PART ANALYSIS FOR PART L — 
The item relating to chapter 33 in the part analysis for part I 
of title 18, United States Code, is amended by striking "701" and 
inserting "700". 
(h) AMENDMENT TO SECTION 924(axl)(B).—Section 924(a)(1)(B) 
of title 18, United States Code, is amended by striking "(q)" and 
inserting "(r)". 
(i) PUNCTUATION CORRECTION.—Section 207(c)(2)(A)(ii) of title 
18, United States Code, is amended by striking the semicolon 
at the end and inserting a comma. 
(j) CHAPTER ANALYSIS CORRECTION.—The chapter analysis for 
chapter 223 of title 18, United States Code, is amended by adding 
at the end the following: 
"3509. Child Victims' and child witnesses' rights.". 
(k) Elimination of Superfluous Comma.—Section 3742(b) of title 
18, United States Code, is amended by striking "Government," 
and inserting "Government". 
SEC. 330003. CORRECTIONS OF ERRONEOUS CROSS REFERENCES AND 
MISDESIGNATIONS. 
(a) SECTION 1791 OF TITLE 18.^Section 1791(b) of title 18, 
United States Code, is amended by striking "(c)" each place it 
appears and inserting "(d)". 
(b) SECTION 2703 OF TITLE 18.^Section 2703(d) of title 18, 
United States Code, is amended by striking "section 3126(2)(A)" 
and inserting "section 3127(2)(A)". 
(c) SECTION 666 OF TITLE 18.—Section 666(d) of title 18, United 
States Code, is amended— 
(1) by redesignating the second paragraph (4) as paragraph 
(5); 
(2) by striking "and" at the end of paragraph (3); and 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2141 
(3) by striking the period at the end of paragraph (4) 
and inserting "; and". 
(d) SECTION 4247 OF TITLE 18.—Section 4247(h) of title 18, 
United States Code, is amended by striking "subsection (e) of section 
4241, 4243, 4244, 4245, or 4246," and inserting "subsection (e) 
of section 4241, 4244, 4245, or 4246, or subsection (f) of section 
4243,". 
(e) SECTION 408 OF THE CONTROLLED SUBSTANCES ACT.—Sec-
tion 408(b)(2)(A) of the Controlled Substances Act (21 U.S.C. 
848(b)(2)(A)) is amended by striking "subsection (d)(1)" and insert-
ing "subsection (c)(1)". 
(f) MARITIME DRUG LAW ENFORCEMENT ACT.—<1) Section 994(h) 
of title 28, United States Code, is amended by striking "section 
1 of the Act of September 15, 1980 (21 U.S.C. 955a)" each place 
it appears and inserting "the Maritime Drug Law Enforcement 
Act (46 U.S.C. App. 1901 et seq.)". 
(2) Section 924(e) of title 18, United States Code, is amended 
by striking "the first section or section 3 of Public Law 96-350 
(21 U.S.C. 955a et seq.)" and inserting "the Maritime Drug Law 
Enforcement Act (46 U.S.C. App. 1901 et seq.)". 
(g) SECTION 2596 OF THE CRIME CONTROL ACT OF 1990.— 
Section 2596(d) of the Crime Control Act of 1990 is amended, 
12 USC 1833a 
effective retroactively to the date of enactment of such Act, by anoJ^o^^e. 
striking "951(c)(1)" and inserting "951(c)(2)". 
(h) FEDERAL RULES OF CRIMINAL PROCEDURE.—Rule 46(i)(l) 
of the Federal Rules of Criminal Procedure for the United States 
Courts is amended by striking "18 U.S.C. §3144" and inserting 18 USC app. 
"18 U.S.C. §3142". 
SEC. 330004. REPEAL OF OBSOLETE PROVISIONS IN TITLE 18. 
Title 18, United States Code, is amended— 
(1) in section 212 by striking "or of any National Agricul-
tural Credit Corporation," and by striking "or National Agricul-
tural Credit Corporations,"; 
(2) in section 213 by striking "or examiner of National 
Agricultural Credit Corporations"; 
(3) in section 709 by striking the seventh and thirteenth 
paragraphs; 
(4) in section 711 by striking the second paragraph; 
(5) by striking section 754 and amending the chapter analy-
sis for chapter 35 by striking the item relating to section 
754; 
(6) in sections 657 and 1006 by striking "Reconstruction 
Finance Corporation," and striking "Farmers' Home Corpora-
tion,"; 
(7) in section 658 by striking "Farmers' Home Corpora-
tion,"; 
(8) in section 1013 by striking ", or by any National Agricul-
tural Credit Corporation"; 
(9) in section 1160 by striking "white person" and inserting 
"non-Indian"; 
(10) in section 1698 by striking the second paragraph; 
(11) by striking sections 1904 and 1908 and amending 
the chapter analysis for chapter 93 by striking the items relat-
ing to those sections; 
108 STAT. 2142 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(12) in section 1909 by inserting "or" before "farm credit 
examiner" and by striking "or an examiner of National Agricul-
tural Credit Corporations,"; 
(13) by striking sections 2157 and 2391 and amending 
the chapter analysis for chapter 105 and for 115, respectively, 
by striking the items relating to those sections; 
(14) in section 2257 by striking the subsections (f) and 
(g) that were enacted by Public Law 100-690; 
(15) in section 3113 by strikiEg the third paragraph; 
(16) in section 3281 by striking "except for offenses barred 
by the provisions of law existing oti August 4, 1939"; 
(17) in section 443 by striking "or (3) five years after 
12 o'clock noon of December 31,1946,"; 
(18) in sections 542, 544, and 545 by striking "the Phil-
ippine Islands,"; and 
(19) in section 1073— 
(A) by striking "or which, in the case of New Jersey, 
is a high misdemeanor under the laws of said State,"; 
and 
(B) by striking "or which in the case of New Jersey, 
is a high misdemeanor under the laws of said State,". 
SEC. 330005. CORRECTION OF DRAFTING ERROR IN THE FOREIGN 
CORRUPT PRACTICES ACT. 
Section 104(a)(3) of the Foreign Corrupt Practices Act of 1977 
(15 U.S.C. 78dd-2) is amended by striking "issuer" and inserting 
"domestic concern". 
SEC. 330006. ELIMINATION OF REDUNDANT PENALTY PROVISION IN 
18 U.S.C. 1116. 
Section 1116(a) of title 18, United States Code, is amended 
by striking ", and any such person who is found guilty of attempted 
murder shall be imprisoned for not more than twenty years". 
SEC. 330007. ELIMINATION OF REDUNDANT PENALTY. 
Section 1864(c) of title 18, United States Code, is amended 
by striking "(b) (3), (4), or (5)" and inserting "(b)(5)". 
SEC. 330008. CORRECTIONS OF MISSPELLINGS AND GRAMMATICAL 
ERRORS. 
Title 18, United States Code, is amended— 
(1) in section 513(c)(4) by striking "association or persons" 
and inserting "association of persons"; 
(2) in section 1956(e) by striking "Evironmental" and insert-
ing "Environmental"; 
(3) in section 3125— 
(A) in subsection (a)(2) by striking "use" and the 
quotation mark that immediately follows it and inserting 
'Aise;"; 
(B) by realigning the matter in subsection (a)(2) that 
begins with "may have installed" and ends with "section 
3123 of this title" so that it is flush to the left margin; 
and 
(C) by striking "provider for" and inserting "provider 
of in subsection (d); 
(4) in section 3731 by striking "order of a district courts" 
and inserting "order of a district court" in the second undesig-
nated paragraph; 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2143 
& 
(5) in section 151 by striking "mean" and inserting "means"; 
(6) in section 208(b) by inserting "if after "(4)"; 
(7) in section 209(d) by striking "under the terms of the 
chapter 41" and inserting "under the terms of chapter 41"; 
(8) in section 1014 by inserting a comma after 
National 
Credit Union Administration Board"; and 
(9) in section 3291 by striking "the afore-mentioned" and 
inserting "such". 
SEC. 330009. OTHER TECHNICAL AMENDMENTS. 
(a) SECTION 419 OF CONTROLLED SUBSTANCES ACT.—Section 
419(b) of the Controlled Substances Act (21 U.S.C. 860(b)) is 
amended by striking "years Penalties" and inserting "years. 
Penalties". 
(b) SECTION 667.—Section 667 of title 18, United States Code, 
is amended by adding at the end the following: 'The term 'livestock' 
has the meaning set forth in section 2311 of this title.". 
(c) SECTION 1114.—Section 1114 of title 18, United States Code, 
is amended by striking "or any other officer, agency, or employee 
of the United States" and inserting "or any other officer or employee 
of the United States or any agency thereof'. 
(d) Section 408 of Controlled Substances Act.—Section 408(q)(8) 
of the Controlled Substances Act (21 U.S.C. 848(q)(8)) is amended 
by striking "applications, for writ" and inserting "applications for 
writ". 
SEC. 330010. CORRECTION OF ERRORS FOUND DURING CODIFICATION. 
Title 18, United States Code, is amended— 
(1) in section 212 by striking "218" and inserting "213"; 
(2) in section 1917— 
(A) by striking "Civil Service Commission" and insert-
ing "Office of Personnel Management"; and 
(B) by striking "the Commission" in paragraph (1) and 
inserting "such Office"; 
(3) by transferring the subchapter analysis for each sub-
chapter of each of chapters 227 smd 229 to follow the heading 
of that subchapter; 
(4) so that the heading of section 1170 reads as follows: 
**§1170. Illegal 
trafficking in Native American 
human 
remains and cultural items'*; 
(5) so that the item relating to section 1170 in the chapter 
analysis for chapter 53 reads as follows: 
"1170. Illegal trafficking in Native American human remains and cultural items."; 
(6) in section 3509(a) by striking paragraph (11) and 
redesignating paragraphs (12) and (13) as paragraphs (11) and 
(12), respectively; 
(7) in section 3509— 
(A) by striking "subdivision" each place it appears and 
inserting "subsection"; and 
(B) by striking "government" each place it appears 
and inserting "Government"; 
(8) in section 2252(a)(3XB) by striking "materails" and 
inserting "materials"; 
(9) in section 14 by striking "45," and "608, 611, 612,"; 
(10) in section 3059A— 
(A) in subsection (b) by striking "this subsection" and 
inserting "subsection"; and 
108 STAT. 2144 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(B) in subsection (c) by striking "this subsection" and 
inserting "subsection"; 
(11) in section 1761(c>— 
(A) by striking "and" at the end of paragraph (1); 
(B) by inserting "and" at the end of paragraph (3); 
and 
(C) by striking the period at the end of paragraph 
(2)(B) and inserting a semicolon; 
(12) in the chapter analysis for chapter 11— 
(A) in the item relating to section 203 by inserting 
a comma after "officers" and by striking the comma after 
"others"; and 
(B) in the item relating to section 204 by inserting 
"the" before "United States Court of Appeals for the Federal 
Circuit"; 
(13) in the chapter analysis for chapter 23, in the item 
relating to section 437, by striking the period immediately 
following "Indians"; 
(14) in the chapter analysis for the beginning of chapter 
25, in the item relating to section 491, by striking the period 
immediately following "paper used as money"; 
(15) in section 207(a)(3) by striking "Clarification of Restric-
tions" and inserting "Clarification of restrictions"; 
(16) in section 176 by striking "the government" and insert-
ing "the Government"; 
(17) in section 3059A(e)(2)(iii) by striking "backpay" and 
inserting "back pa/'; and 
(18) by adding a period at the end of the item relating 
to section 3059A in the chapter analysis for chapter 203. 
SEC. 330011. PROBLEMS RELATED TO EXECUTION OF PRIOR AMEND-
MENTS. 
(a) INCORRECT REFERENCE.—Section 2587(b) of Public Law 101-
18 use prec. 
647 is amended, effective as of the date on which that section 
^^^^- 
took effect, by striking 'The chapter heading for" and inserting 
"The chapter analysis for". 
(b) LACK OF PUNCTUATION IN STRICKEN LANGUAGE.—Section 
46(b) of the Criminal Law and Procedure Technical Amendments 
18 use 201 note. Act of 1986 is amended, effective as of the date on which that 
section took effect, so that— 
(A) in paragraph (1), the matter proposed to be stricken 
from the beginning of section 201(b) of title 18, United States 
Code, reads "(b) Whoever, directly"; and 
(B) in paragraph (2), a comma, rather than a semicolon, 
appears after "his lawful duty" in the matter to be stricken 
from paragraph (3) of section 201(b) of that title. 
(c) BIOLOGICAL WEAPONS.—<1) Section 3(b) of the Biological 
18 use 2516. 
Weapons Anti-Terrorism Act of 1989 is amended, effective as of 
the date on which that section took effect, by striking "2516(c)" 
and inserting "2516(l)(c)". 
(2) The item in the part analysis for part I of title 18, United 
States Code, that relates to chapter 10 is amended by striking 
"Weapons" and inserting "weapons . 
(d) PLACEMENT OF NEW SECTION.—Section 404(a) of Public 
18 use 1169. 
Law 101-630 is amended, effective on the date such section took 
effect, by striking "adding at the end thereof each place it appears 
and inserting "inserting sSler section 1169". 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2145 
(e) ELIMINATION OF ERRONEOUS CHARACTERIZATION OF MATTER 
INSERTED.—Section 225(a) of Public Law 101-647 is amended, effec-
tive as of the date on which that section took effect, by striking 
"new rule". 
(f) 
CLARIFICATION OF PLACEMENT OF AMENDMENT.—Section 
1205(c) of Public Law 101-647 is amended, effective as of the 
date on which that section took effect, by inserting "at the end" 
after "adding". 
(g) ELIMINATION OF DUPLICATE AMENDMENT.—Section 1606 
of 
Public Law 101-647 (amending section 1114 of title 18, United 
States Code) is repealed effective as of the date of enactment 
of that section. 
(h) ERROR IN AMENDMENT PHRASING.—Section 3502 of Public 
Law 101-647 is amended, effective as of the date on which that 
section took effect, by striking "10" and inserting "ten". 
(i) CLARIFICATION THAT AMENDMENTS WERE TO TITLE 
18.— 
Sections 3524, 3525, and 3528 of PubUc Law 101-647 are each 
amended, effective as of the date on which those sections took 
effect, by inserting "of title 18, United States Code" before "is 
amended", 
(j) CORRECTION OF PARAGRAPH REFERENCE.—Section 3527 of 
Public Law 101-647 is amended, effective as of the date on which 
that section took effect, by striking "4th" and inserting "5th". 
(k) REPEAL OF OBSOLETE TECHNICAL CORRECTION TO SECTION 
1345.—Section 3542 of Public Law 101-647 is repealed, effective 
as of the date of its enactment. 
(1) REPEAL OF OBSOLETE TECHNICAL CORRECTION TO SECTION 
1956.—Section 3557(2)(E) of PubHc Law 101-647 is repealed, effec-
tive as of the date of its enactment. 
(m) 
CLARIFICATION OF PLACEMENT OF AMENDMENTS.—Public 
Law 101-647 is amended, effective as of the date of its enactment— 
(1) in section 3564(1) by inserting "each place it appears" 
after the quotation mark jfollowing "2251" the first place it 
appears; and 
(2) in section 3565(3)(A) by inserting "each place it appears" 
after the quotation mark following "subchapter". 
(n) CORRECTION OF WORD QUOTED IN AMENDMENT.—Section 
3586(1) of Public Law 101-647 is amended, effective as of the 
date on which that section took effect, by striking "fines" and 
inserting "fine". 
(o) ELIMINATION OF OBSOLETE TECHNICAL AMENDMENT TO SEC-
TION 4013.—Section 3599 of Public Law 101-647 is repealed, effec-
tive as of the date of its enactment. 
(p) CORRECTION OF DIRECTORY LANGUAGE.—Section 3550 of 
Public Law 101-647 is amended, effective as of the date on which 
that section took effect, by striking "not more than". 
(q) REPEAL OF DUPLICATE PROVISIONS.—(1) Section 3568 of 
Public Law 101-647 is repealed, effective as of the date on which 
that section took effect. 
(2) Section 1213 of Public Law 101-647 is repealed, effective 
as of the date on which that section took effect. 
(r) CORRECTION OF WORDS QUOTED IN AMENDMENT.—Section 
2531(3) of Public Law 101-647 is amended, effective as of the 
date on which that section took effect, by striking "1679(c)(2)" 
and inserting "1679a(c)(2)". 
(s) FORFEITURE.—(1) Section 1401 of PubUc Law 101-647 is 
amended, effective as of the date on which that section took effect— 
8 u s e 3509. 
8 u s e 402. 
8 u s e 1114. 
8 use 3. 
8 u s e 922-924. 
8 u s e 924. 
8 u s e 1345. 
8 u s e 1956. 
8 u s e 2253. 
8 u s e 2254. 
8 u s e prec. 
3571. 
8 use 4013. 
8 use 1546. 
8 u s e 2516. 
8 u s e 3289. 
8 u s e 2516. 
8 u s e 982. 
108 STAT. 2146 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(A) by inserting a comma after ", 5316"; and 
(B) by inserting "the first place it appears" after the 
quotation mark following "5313(a)". 
18 use 981. 
(2) Section 2525(a)(2) of Public Law 101-647 is amended, effec-
tive as of the date on which that section took effect, by striking 
"108(3)" and inserting "2508(3)". 
SEC. 330012. AMENDMENT TO SECTION 1956 OF TITLE 18 TO ELIMI-
NATE DUPLICATE PREDICATE CRIMES. 
Section 1956 of title 18, United States Code, is amended in 
subsection (c)(7)(E), by striking the period that follows a period. 
SEC. 330013. AMENDMENTS TO PART V OF TITLE 18. 
Part V of title 18, United States Code, is amended— 
(1) by inserting after the heading for that part the follow-
ing: 
"CHAPTER 601—IMMUNITY OF 
WITNESSES"; 
(2) in section 6001(1)— 
(A) by striking "Atomic Energy Commission" and 
inserting "Nuclear Regulatory Commission"; and 
(B) by striking "the Subversive Activities Control 
Board," 
(3) by striking "part" the first place it appears and inserting 
"chapter"; and 
(4) by striking "part" each other place it appears and insert-
ing "title*^. 
SEC. 330014. UPDATE OF CROSS REFERENCE. 
21 use 848. 
Section 408(n)(ll) of the Controlled Substances Act is amended 
by striking "section 405" and inserting "section 418". 
SEC. 330015. CORRECTION OF ERROR IN AMENDATORY LANGUAGE. 
21 use 333. 
Section 1904 of Public Law 101-647 is amended, effective as 
of the date on which that section took effect, by striking "by insert-
ing a new subsection (e) as follows" and inserting "so that subsection 
(e) reads as follows". 
SEC. 330016. CORRECTION OF MISLEADING AND OUTMODED FINE 
AMOUNTS IN OFFENSES UNDER TITLE 18. 
Title 18, United States Code, is amended— 
(1)(A) in sections 1693, 1694, 1695, and 1696 by striking 
"not more than $50" and inserting "under this title"; 
(B) in sections 333, 489, 754, 1303, 1699, 1701, 1703, 1710, 
1723, 1726, 1730, and 2390 by striking "not more than $100" 
and inserting "under this title"; 
(C) in sections 1697 and 1698 by striking "not more than 
$150" and inserting "under this title"; 
(D) in sections 1165 and 2279 by striking "not more than 
$200" and inserting "under this title"; 
(E) in sections 701, 702, 703, 704, 705, 706, 707, 708, 
710, 711, 711a, 713, 715, 1164, and 1858 by striking "not 
more than $250" each place it appears and inserting "under 
this title"; 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2147 
(F) in sections 916, 1501, 1502, 1719, 1725, and 1861 
by striking "not more than $300" and inserting "under this 
title"; 
(G) in sections 4, 41, 42, 46, 47, 112, 154, 244, 288, 290, 
336, 475, 501, 502, 755, 872, 875, 876, 877, 917, 1013, 1018, 
1024, 1154, 1155, 1156, 1382, 1541, 1700, 1703, 1704, 1707, 
1712, 1713, 1720, 1721, 1722, 1729, 1731, 1734, 1752, 1793, 
1856, 1857, 1863, 1912, 1913, 1922, 2074, 2195, and 2511 
by striking "not more than $500" each place it appears and 
inserting "under this title"; 
(H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292, 
439, 442, 480, 483, 484, 490, 491, 494, 495, 503, 507, 510, 
594, 595, 596, 597, 598, 599, 604, 605, 641, 643, 645, 646, 
647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 
659, 661, 662, 665, 712, 751, 752, 756, 795, 796, 797, 836, 
844, 871, 875, 876, 877, 879, 911, 912, 913, 924, 957, 959, 
961, 1003, 1012, 1021, 1025, 1026, 1071, 1112, 1163, 1262, 
1263, 1264, 1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361, 
1363, 1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711, 
1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277, 2278, 2382, 
and 2389 by striking "not more than $1,000" each place it 
appears and inserting "under this title"; 
(I) in sections 331, 482, 486, 499, 755, 873, 958, 1016, 
1154, 1156, 1381, 1542, 1543, 1544, 1545, 1586, 1621, 1622, 
1702, 1708, 1709, 1920, 1921, 1923, 2071, 2193, 2233, 2386, 
and 2424 by striking "not more than $2,000" each place it 
appears and inserting "under this title"; 
(J) in sections 431, 432, 479, 960, 1859, 1901, 1911, and 
1959 by striking "not more than $3,000" and inserting "under 
this title"; 
(K) in sections 35, 81, 112, 152, 153, 155, 212, 213, 214, 
285, 334, 351, 435, 436, 438, 471, 472, 473, 476, 477, 478, 
481, 485, 487, 488, 497, 498, 505, 506, 508, 509, 541, 542, 
543, 544, 546, 547, 548, 549, 550, 551, 552, 592, 593, 602, 
603, 606, 607, 642, 655, 658, 659, 660, 661, 663, 751, 799, 
844, 872, 874, 875, 876, 877, 878, 914, 915, 924, 953, 954, 
956, 1004, 1010, 1011, 1015, 1017, 1025, 1028, 1071, 1073, 
1074, 1163, 1169, 1231, 1265, 1363, 1421, 1422, 1423, 1424, 
1425, 1426, 1427, 1428, 1429, 1461, 1462, 1463, 1465, 1503, 
1505, 1506, 1507, 1510, 1581, 1582, 1583, 1584, 1585, 1588, 
1658, 1659, 1717, 1732, 1735, 1737, 1751, 1906, 1907, 1908, 
1909, 1915, 1991, 2072, 2073, 2113, 2217, 2152, 2197, 2231, 
2244, 2314, 2316, 2317, 2344, and 2701 by striking "not more 
than $5,000" each place it appears and inserting "under this 
title"; 
(L) in sections 33, 224, 231, 241, 245, 246, 286, 289, 332, 
335, 337, 351, 371, 437, 440, 441, 493, 496, 500, 510, 545, 
595, 
599, 
600, 
601, 
641, 
664, 
665, 
667, 
757, 
792, 
793, 798, 
844, 892, 
893, 
894, 
924, 
952, 
955, 
962, 
963, 
964, 
965, 966, 
967, 970, 1001, 1002, 1003, 1019, 1020, 1022, 1023, 1027, 
1082, 1084, 
1115, 
1202, 
1361, 
1362, 
1364, 
1365, 
1385, 1461, 
1462, 1464, 
1587, 
1623, 
1654, 
1656, 
1735, 
1737, 
1751, 1902, 
1903, 1904, 
1910, 
1951, 
1952, 
1953, 
1954, 
1958, 
1992, 2101, 
2113, 
2153, 
2154, 
2155, 
2156, 
2231, 
2232, 
2271, 
2274, 2275, 
2314, 
2315, 2383, 
2386, 
2387, 
2388, 
and 
2512 
by 
striking 
"not 
more 
than 
$10,000" 
each 
place 
i
t 
appears 
and 
inserting 
"under 
this 
t
i
t
l
e
"
; 
108 STAT. 2148 
PUBLIC LAW 103-322—SEPT. 13, 1994 
(M) in section 1028 by striking "not more than $15,000" 
and inserting "under this title"; 
(N) in sections 844, 878, 1728, 1955, 1958, 2321, 2384, 
and 2385 by striking "not more than $20,000" each place it 
appears and inserting "under this title"; 
(0) in sections 32, 114, 753, 1028, 1365, 1512, 1792, and 
2118 by striking "not more than $25,000" each place it appears 
and inserting "under this title"; 
(?) in section 2118 by striking "not more than $35,000" 
and inserting "under this title"; 
(Q) in sections 1365, 1958, and 2118 by striking "not more 
than $50,000" and inserting "under this title"; 
(R) in section 951 by striking "not more than $75,000" 
and inserting "under this title"; 
(S) in sections 32, 1167, 1365, 2251, and 2344 by striking 
"not more than $100,000" each place it appears and inserting 
"under this title"; 
(T) in section 2251 by striking "not more than $200,000" 
and inserting "under this title"; and 
(U) in sections 1158, 1167, 1512, 1513, 2251, 2318, 2320, 
and 2701 by striking "not more than $250,000" and inserting 
"under this title"; 
(2)(A) in sections 3 and 373 by inserting "(notwithstanding 
section 3571)" before "fined not more than one-half; 
(B) in section 113 by striking "fine of not more than" 
through the immediately following dollar amount each place 
it appears and inserting "a fine under this title"; 
(C) in sections 115, 513, 709, 831, 1366, 1511 and 1959 
by striking "of not more than" through the immediately follow-
ing dollar amount each place it appears and inserting "under 
this title"; 
(D) in section 201 by inserting "under this title or" after 
"be fined"; and by inserting "whichever is greater," before "or 
imprisoned"; 
(E) in section 402 by striking "fine" the first place it appears 
and inserting "a fine under this title"; 
(F) in section 443 by striking "shall, if a corporation, be 
fined not more than $50,000, and, if a natural person, be 
fined not more than $10,000" and inserting "shall be fined 
under this title"; 
(G) in sections 643, 644, 645, 647, 648, 649, 650, 651, 
652, 653, and 1711 by inserting "under this title or" after 
"be fined" the first place it appears; and by inserting ", which-
ever is greater," before "or imprisoned" the first place it 
appears; 
(H) in sections 646 and 654 by inserting "under this title 
or" after "be fined" the first place it appears; and by inserting 
"whichever is greater," before "or imprisoned" the first place 
it appears; 
(1) in section 1029 by striking "of not more than" through 
the immediately following dollar amount each place it appears 
and inserting "under this title"; and by inserting ", whichever 
is greater," before "or imprisonment" each place it appears; 
(J) in section 2381 by inserting "under this title but" before 
"not less than $10,000"; and 
(K) in section 3146(b)(l)(A)(iv) by striking "fine under this 
chapter" and inserting "fined under this title". 
PUBLIC LAW 103-322—SEPT. 13, 1994 
108 STAT. 2149 
SEC. 330017. TECHNICAL CORRECTIONS TO TITLE 31 CRIMES. 
(a) TITLE 31, U.S.C, AMENDMENTS.— 
(1) Section 5321(a)(5XA) of title 31, United States Code, 
is amended by inserting "any violation of after "causing". 
(2) Section 5324(a) of title 31, United States Code, is 
amended— 
(A) by striking "section 5313(a), section 5325, or the 
regulations issued thereunder or section 5325 or regula-
tions prescribed under such section 5325" each place it 
appears and inserting "section 5313(a) or 5325 or any regu-
lation prescribed under any such section"; and 
(B) by striking "with respect to such transaction". 
(b) AMENDMENT RELATING TO TITLE 31, U.S.C— 
(1) Effective as of the date of enactment of the Annunzio-
Wylie Anti-Money Laundering Act, section 1517(b) of that Act 31 U
S
C 5318. 
is amended by striking "5314" and inserting "5318". 
(2) Section 5239 of the Revised Statutes of the United 
States is amended by redesignating the second subsection (c) 1
2 use 93. 
(as added by section 1502(a) of the Annunzio-Wylie Anti-Money 
Laundering Act) as subsection (d). 
SEC. 330018. REPEAL OF SUPERFLUOUS STATUTE OF LIMITATION AND 
TRANSFER OF CHILD ABUSE STATUTE OF LIMITATION. 
(a) IN GENERAL.—Section 3283 of title 18, United States Code, 
is amended to read as follows: 
''§ 3283. Child abuse offenses 
"No statute of limitations that would otherwise preclude 
prosecution for an offense involving the sexual or physical abuse 
of a child under the age of 18 years shall preclude such prosecution 
before the child reaches the age of 25 years.". 
(b) CONFORMING REPEAL.—Section 3509(k) of title 18, United 
States Code, is amended by striking the subsection heading and 
the first sentence and inserting "STAY OF CiviL ACTION.—". 
(c) TECHNICAL AMENDMENT.—^The item in the chapter analysis 
for chapter 213 of title 18, United States Code, that relates to 
section 3283 is amended to read as follows: 
"3283. Child abuse offenses.". 
SEC. 330019. TECHNICAL ERRORS IN SECTION 1966. 
(a) TECHNICAL CORRECTIONS.—Section 1956 of title 18, United 
States Code, is amended— 
(1) in subsection (c)(7)(B)(iii) by inserting a close paren-
thesis after "1978"; 
(2) by redesignating the second subsection (g) as subsection 
(h); and 
(3) in subsection (a)(2) by inserting "not more than" before 
"$500,000". 
(b) CROSS REFERENCE CORRECTION.—Section 1956(c)(7)(D) of 
title 18, United States Code, is amended by striking "section 9(c) 
of the Food Stamp Act of 1977" and inserting "section 15 of the 
Food Stamp Act of 1977". 
SEC. 330020. TECHNICAL ERROR. 
Section 1957(f)(1) of title 18, United States Code, is amended 
by striking the comma that follows a comma. 
108 STAT. 2150 
PUBLIC LAW 103-322-SEPT. 13, 1994 
SEC. 330021. CONFORMING SPELLING OF VARIANTS OF "KIDNAP". 
Title 18, United States Code, is amended— 
(1) by striking "kidnaping" each place it appears and insert-
ing "kidnapping"; and 
(2) by striking "kidnaped" each place it appears and insert-
ing "kidnapped". 
SEC. 330022. MARGIN ERROR. 
Section 2512(2) of title 18, United States Code, is amended 
by realigning the matter that begins with "to send through" and 
ends with "electronic communications" so that it is flush to the 
left margin. 
SEC. 330023. TECHNICAL CORRECTIONS RELATING TO SECTION 248 
OF TITLE 18, UNITED STATES CODE. 
(a) IN GENERAL.—Chapter 13 of title 18, United States Code, 
is amended— 
(1) in the chapter analysis so that the item relating to 
section 248 reads as follows: 
"248. Freedom of access to clinic entrances."; 
(2) S
O that the heading of section 248 reads as follows: 
*
*
§ 248. Freedom of access to clinic entrances^; and 
(3) in section 248(b) by inserting ", notwithstanding section 
3571," before "be not more than $25,000". 
18 use 248 note. 
(b) EFFECTIVE DATE.—The amendments made by this sub-
section (a) shall take effect on the date of enactment of the Freedom 
of Access to Clinic Entrances Act of 1994. 
SEC. 330024. TECHNICAL AMENDMENTS NECESSITATED BY THE ENACT-
MENT OF THE DOMESTIC CHEMICAL DIVERSION CON-
TROL ACT OF 1993. 
(a) MISSING CONJUNCTION.—Section 102(39)(A)(iv) of the Con-
trolled Substances Act (21 U.S.C. 802(39)(A)(iv)) is amended by 
striking the period at the end and inserting "; or". 
(b) 
PUNCTUATION 
AND INDENTATION 
CORRECTION.—Section 
21 use 802. 
102(34) of the Controlled Substances Act is amended— 
(1) by moving subparagraphs (V) and (W) two ems toward 
the left margin; 
(2) in subparagraph (V) by striking "b" and inserting "B"; 
and 
(3) in subparagraph (W) by striking "n" the first place 
it appears and inserting "N". 
(c) ERRONEOUS CROSS REFERENCES.— 
(1) Section 5(a) of the Domestic Chemical Diversion Control 
21 use 971. 
Act of 1993 is amended by striking "section 1505(a)" and insert-
ing "section 4". 
(2) Section 9(b) of the Domestic Chemical Diversion Control 
21 use 971. 
Act of 1993 is amended by striking "Controlled Substances 
Act" and inserting "Controlled Substances Import and Export 
Act". 
(d) CORRECTION OF AMENDATORY LANGUAGE.— 
(1) Section 2(a)(4)(B) of the Domestic Chemical Diversion 
21 use 802. 
Control Act of 1993 is amended by inserting "the first place 
it appears" before the semicolon. 
PUBLIC LAW 103-322-SEPT. 13, 1994 
108 STAT. 2151 
(2) Section 5(b)(3) of the Domestic Chemical Diversion Con-
trol Act of 1993 is amended by striking "at the end" and 
21 use 960. 
inserting "after paragraph (4)". 
(e) MISSING CONFORMING AMENDMENT.—Section 304(g) of the 
Controlled Substances Act is amended by inserting "or chemical" 21 USC 824. 
after "such substance" in the last sentence. 
(f) EFFECTIVE DATE.—The amendments made by this section 
21 use 802 note, 
shall take effect as of the date that is 120 days after the date 
of enactment of the Domestic Chemical Diversion Control Act of 
1993. 
SEC. 330025. VICTIMS OF CRIME ACT. 
(a) INCORRECT SECTION REFERENCE.—Section 1402(d)(3) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)) is amended 
by striking "1404(a)" and inserting "1404A". 
(b) MISSING TEXT.—Section 1403(b)(1) of the Victims of Crime 
Act of 1984 (42 U.S.C. 10602(b)(1)) is amended by inserting after 
"domestic violence" the following: "for— 
"(A) medical expenses attributable to a physical injury 
resulting from compensable crime, including expenses for 
mental health counseling and care; 
"(B) loss of wages attributable to a physical injury 
resulting from a compensable crime; and 
"(C) funeral expenses attributable to a death resulting 
from a compensable crime". 
Approved September 13, 1994. 
L E G I S L A T I V E HISTORY—H.R. 3355 (H.R. 4092) (S. 1607): 
H O U S E REPORTS: Nos. 103-324 (Comm. on the Judiciary), 103-694 and 103-711 
(both from Comm. of Conference). 
C O N G R E S S I O N A L RECORD: 
Vol. 139 (1993): Nov. 3, considered and passed House. S. 1607 considered in 
Senate. 
Nov. 4, 5, 8-10, 16-19, H.R. 3355 considered and passed Senate, 
• Eunended, in lieu of S. 1607. 
. 
Vol. 140 (1994): Mar. 23, Apr. 14, 19, 20, H.R. 4092 considered in House. 
Apr. 21, considered and passed House. House concurred in 
Senate amendment to H.R. 3355 with an amendment. 
Aug. 19, House recommitted conference report. 
Aug. 21, House agreed to conference report. 
Aug. 22-25, Senate considered and agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 30 (1994): 
Sept. 13, Presidential remarks. 
o