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Report 103 694

VIOLENT CRIME CONTROL AND LAW
ENFORCEMENT ACT OF 1994

CONFERENCE REPORT

TO ACCOMPANY

H.R. 3355

AUGUST 10, 1994.
Ordered to be printed

U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON: 1994
103D Congress 2d Session House of Representatives

VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT
OF 1994

August 10, 1994. Ordered to be printed

Mr. BROOKS, from the committee of conference,
submitted the following

CONFERENCE REPORT

[To accompany H.R. 3355]

The committee of conference on the disagreeing votes of the two Houses
on the amendments of the House to the amendment of the Senate to the
bill (H.R. 3355), to amend the Omnibus Crime Control and Safe Streets
Act of 1968 to allow grants 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, having met, after full and free
conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the Senate recede from its disagreement to the amendment of the
House to the amendment of the Senate to the text of the bill and agree
to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House amendment,
insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the "Violent Crime Control and Law Enforcement
Act of 1994".
SEC. a. 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 11--PRISONS

Subtitle A--Violent Offender Incarceration and Truth in &ntencing
Incentiue 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. Certainty of punishment for young offenders.
Sec. 20202. Grants for community-based violent juvenile facilities.

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, release, and probation.
Sec. 20404. Application to prisoners to which prior law applies.
Sec. 20405. Crediting of "good time"
Sec. 20406 Task force on prison construction standardization and
techniques.
Sec. 20407. Efficiency in law enforcement and corrections.
Sec. 20408. Amendments to the Department of Education Organization Act
and the National Literacy Act of 1991.
Sec. 20409. Appropriate remedies for prison overcrowding.
Sec. 20410. Congressional approval of any expansion at Lorton and
congressional hearings on future needs.
Sec. 20411. Awards of Pell Grants to prisoners prohibited
Sec. 20412. Education requirement for early release.
Sec. 20413. Conversion of closed military installations into Federal
prison facilities.
Sec. 20414. Post-conviction release drug testing--Federal offenders.
Sec. 20415. Reporting of cash received by criminal court clerks.
Sec. 20416. Civil rights of institutionalized persons.
Sec. 20417. Notification of release of prisoners.
Sec. 20418. Correctional job training and placement.

TITLE 111--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--Youth Employment and Skills Crime Prevention

Sec. 30201. Youth employment and skills crime prevention grants.

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 E--Police Partnerships for Children

Sec. 30501. Definitions.
Sec. 30502. Grant authority.
Sec. 30503. Administration
Sec. 30504. Technical assutance, tram ng, and evaluation.
Sec. 30505. Authorization of appropriations.

Subtitle F--Midnight Sports

Sec. 30601. Grants for midnight sports league anticrime programs.

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 I--National Trial Program

Sec. 30901. Purposes.
Sec. 30902. National assessment and dissemination.
Sec. 30903. Pilot programs.
Sec. 30904. Training assistance, evaluation, and dissemination awards.
Sec 30905. Report. Sec 30906. Authorization of appropriations.

Subtitle J--Local Partnership Act

Sec. 31001. Establishment of payment program.
Sec. 31002. Technical amendment.

Subtitle K--National Community Economic Partnership

Sec. 31101. Short title.

CHAPTER 1--COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS

Sec. 31111. Purpose.
Sec. 31112. Provision of assistance.
Sec. 31113. Approval of applications.
Sec. 31114. Availability of lines of credit and use.
Sec. 31115. Limitations on use of funds.
Sec. 31116. Program priority for special emphasis programs.

CHAPTER 2--EMERGING COMMUNITY DEVELOPMENT CORPORATIONS

Sec. 31121. Community development corporation improvement grants.
Sec. 31122. Emerging community development corporation revolving loan
funds.

CHAPTER 3--MISCELLANEOUS PROVISIONS

Sec. 31131. Definitions.
Sec. 31132. Authorization of appropriations.
Sec. 31133. Prohibition.

Subtitle L--Gang Prevention Services for Boys and Girls

Sec. 31201. Program authority.
Sec. 31202. Program requirements.
Sec. 31203. Eligible providers.
Sec. 31204. Eligible participants.
Sec. 31205. Applications process.
Sec. 31206. Evaluation.
Sec. 31207. Authorization of appropriations.

Subtitle M--Olympic Youth Development Centers

Sec. 31301. Olympic youth development centers.

Subtitle N--Anticrime Youth Councils

Sec. 31401. Purpose.
Sec. 31402. Authority to make grants
Sec. 31403. Application for grants
Sec. 31404. Selection of grant recipients.
Sec. 31405. Authorization of appropriations.

Subtitle O--Urban Recreation and At-Risk Youth

Sec. 31501. Purpose of assistance
Sec. 31502. Definition.
Sec. 31503. Criteria for selection.
Sec. 31504. Park and recreation action recovery programs.
Sec. 31505. Miscellaneous and technical amendments.

Subtitle P--Boys and Girls Clubs in Public Housing

Sec. 31601. Establishment.
Sec. 31602. Report.
Sec. 31603. Authorization of appropriations.

Subtitle Q--Community-Based Justice Grants for Prosecutors

Sec. 31701. Grant authorization.
Sec. 31702. Use of funds.
Sec. 31703. Applicationu.
Sec. 31704. Allocation of funds; limitations on grants.
Sec. 31705. Award of grants
Sec. 31706. Reports.
Sec. 31707. Authorization of appropriations.
Sec. 31708. Definition.

Subtitle R--Child Safety

Sec. 31801. Short title.
Sec. 31802. Purpose.
Sec. 31803. Demonstration grants for supervised visitation centers.
Sec. 31804. Demonstration grant application.
Sec. 31805. Evaluation of demonstration projects
Sec. 31806. Special grants to study the effect of supervised visitation
on sexually abused or severely physically abused children.
Sec. 31807. Reporting
Sec. 31808. Authorization of appropriations.

Subtitle S--Family Unity Demonstration Project

Sec. 31901. Short title.
Sec. 31902. Purpose.
Sec. 31903. Definitions.
Sec. 31904. Authorization of appropriations.

CHAPTER I--GRANTS To STATES

Sec. 31911. Authority to make grants
Sec. 31912. Eligibility to receive grants.
Sec. 31913. Report.

CHAPTER 2--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS

Sec. 31921. Authority of the Attorney General.
Sec. 31922. Requirements.

Subtitle T--Substance Abuse Treatment in Federal Prisons

Sec. 32001. Substance abuse treatment in Federal prisons.

Subtitle U--Residential Substance Abuse Treatment for State Prisoners

Sec. 32101. Residential substance abuge treatment for State prisoners.

Subtitle V--Prevention, Diagnosis, and Treatment of Tuberculosis in
Correctional Institutions

Sec. 32201. Prevention, diagnosis, and treatment of tuberculosis in
correctional institutions.

Subtitle W--Hope in Youth Program

Sec. 32301. Program authority.

Sec. 32302. Program requirements
Sec 32303. Eligible providers.
Sec 32304. Applications.
Sec. 32305. Evaluation.
Sec. 32306. Definition.
Sec. 32307. Authorization of appropriations.
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 I--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
transportation.
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 uiolence victims and their counselors.
Sec. 40154. Information programs.
Sec. 40155. Education and prevention grants to reduce sexual abuse of
runaway, homeless, and street youth.
Sec. 40156 Victims of child abuse programs.
Subtitle B-Safe Homes for Women
Sec. 40201. Short title.
CHAPTER l--NATIONAL DOMESTIC VIOLENCE HOTLINE
Sec. 40211. Grant for a national domestic violence hotline.
CHAPTER 2--INTERSTATE ENFORCEMENT
Sec. 40221. Interstate enforcement.
CHAPTER 3--ARREST POLICIES IN DOMESTIC VIOLENCE CASES
Sec. 40231. Encouraging arrest policies.
CHAPTER 4--SHELTER GRANTS
Sec. 40241. Grants for battered women's shelters.
CHAPTER 5--YOUTH EDUCATION
Sec. 40251. Youth education and domestic violence.
CHAPTER 6--COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE

Sec. 40261. Establishment of community programs on domestic violence.

CHAPTER 7--FAMILY VIOLENCE PREVENTION AND SERVICES ACT AMENDMENTS

Sec. 40271. Grantee reporting.
Sec. 40272. Technical amendments.

CHAPTER 8--CONFIDENTIALITY FOR ABUSED PERSONS

Sec. 40281. Confidentiality of abused person's address.

CHAPTER 9--DATA AND RESEARCH

Sec. 40291. Research agenda.
Sec. 40292. State databases.
Sec. 40293. Number and cost of injuries.

CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT

Sec. 40295. Rural domestic violence and child abuse enforcement
assistance

Subtitle C--Civil Rights for Women

Sec. 40301. Short title.
Sec. 40302. Civil rights
Sec. 40303. Attorney's fees.
Sec. 40304. Sense of the Senate concerning protection of the privacy of
rape victims.

Subtitle D--Equal Justice for Women in the Courts Act

Sec. 40401. Short title.

CHAPTER I--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
STATE COURTS

Sec. 40411. Grants authorized
Sec. 40412. Training provided bygrants.
Sec. 40413. Cooperation in developing programs in making grants under
this title.
Sec. 40414. Authorization of appropriations.

CHAPTER 2--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
FEDERAL COURTS

Sec. 40421. Authorizations of circuit studies; education and training
grants.
Sec. 40422. Authorization of appropriations.

Subtitle E--Violence Against Women Act Improvements

Sec. 40501. Pre-trial detention in sex offense cases
Sec. 40502. Increased penalties for sex offenses against victims below
the age of 16.
Sec. 40503. Payment of cost of testing for sexually transmitted
diseases.
Sec. 40504. Extension and strengthening of restitution.
Sec. 40505. Enforcement of restitution orders through suspension of
Federal benefits
Sec. 40506. National baseline study on campus sexual assault.
Sec. 40507. Report on battered women's syndrome.
Sec. 40508. Report on confidentiality of addresses for victims of
domestic violence.
Sec. 40509. Report on recordkeeping relating to domestic violence.

Subtitle F--National Stalker and Domestic Violence Reduction

Sec. 40601. Authorizing access to Federal criminal information
databases.
Sec. 40602. Grant program.
Sec. 40603. Authorization of appropriations.
Sec. 40604. Application requirements.
Sec. 40605. Disbursement.
Sec. 40606. Technical assistance, training, and evaluations
Sec. 40607. Training programs for judges.
Sec. 40608. Recommendations on intrastate communication.
Sec. 40609. Inclusion in national incident-based reporting system.
Sec. 40610. Report to Congress.
Sec. 40611. Definitions.

Subtitle G--Protections for Battered Immigrant Wornen and Children

Sec. 40701. Alien petitioning rights for immediate relative or second
preference sta

Sec. 40702. Use of credible evidence in spousal waiver applications.
Sec. 40703. Suspension of deportation.

TITLE V--DRUG COURTS

Sec. 50001. Drug courts.
Sec. 50002. Study by the General Accounting Office.

TITLE Vl--DEATN PENALTY

Sec. 60002 Constitutional procedures for the imposition of the sentence
of death.
Sec. 60003. Specific offenses for which death penalty is authorized
Sec. 60004. Applicability to Uniform Code of Military Justice.
Sec. 60005. Death penalty for murder by a Federal prisoner
Sec. 60006. Death penalty for civil rights murders. Sec 60007. Death
penalty for the murder of Federal law enforcement officials. Sec 60008.
New offense for the indiscriminate use of weapons to further drug con-
spiracies.
Sec. 60009. Foreign murder of United States nationals.
Sec. 60010. Death penalty for rape and child molestation murders.
Sec. 60011. Death penalty for sexual exploitation of children.
Sec. 60012. Murder by escaped prisoners.
Sec. 60013. Death penalty for gun murders during Federal crimes of
violence and drug trafficking crimes.
Sec. 60014. Homicides and attempted homicides involving firearms in
Federal facilities.
Sec. 60015. Death penalty for the murder of State or local officials
assisting Federal 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.
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 Vll--MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED
OF CERTAIN FELONIES

Sec. 70001. Mandatory life imprisonment for persons convicted of
certain felonies.
Sec. 70002. Limited grant of authority to Bureau of Prisons.

TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN
CERTAIN CASES

Sec. 80001. Limitation on applicability of mandatory minimum penalties
in certain cases.
Sec. 80002. Special rule for sentences imposed for offenses subject to
sentencing guidelines.
TITLE IX--DRUG CONTROL
Subtitle A--Enhanced Penalties and General Provisions

Sec. 90101. Enhancement of penalties for drug trafficking in prisons.
Sec. 90102. Increased penalties for drug-dealing in "drug-free" zones.
Sec. 90103. Enhanced penalties for illegal drug use in Federal prisons
and for smuggling drugs into Federal prisons.
Sec. 90104. Clarification of narcotic or other dangerous drugs under
RICO.
Sec. 90105. Conforming amendments to recidivist penalty provisions of
the controlled substances act and the controlled substances import and
export act.
Sec. 90106. Advertising.
Sec. 90107. Violent crime and drug emergency areas.

Subtitle B--National Narcotics Leadership Act Amendment

Sec. 90201. Implementation of National Drug Control Strategy.
Sec. 90202. Report on reprogramming; office personnel restriction.
Sec. 90203. National Drug Control Strategy outcome measures.
Sec. 90204. Counter-Drug Technology Assessment Center.
Sec. 90205. Special Forfeiture Fund amendments.
Sec. 90206. Authorization of appropriations.
Sec. 90207. Adequate staffing of the Office of National Drug Control
Policy.
Sec. 90208. Termination of Office of National Drug Control Policy.

TITLE X--DRUNK DRIVING PROVISIONS

Sec. 100001. Short title.
Sec. 100002. State laws applied in areas of Federal jurisdiction.
Sec. 100003. Driving while intoxicated prosecution program.

TITLE Xl--FIREARMS

Subtitle A--Assault Weapons

Sec. 110101. Short title.
Sec. 110102. Restriction on manufacture, transfer, and possession of
certain semiautomatic assault weapons.
Sec. 110103. Ban of large capacity ammunition feeding devices.
Sec. 110104. Study by attorney general.
Sec. 110105. Effective date.
Sec. 110106. Appendix a to section 922 of title 18.

Subtitle B--Youth Handgun Safety

Sec. 110201. Prohibition of the possession of a handgun or ammunition
by, or the private transfer of a handgun or ammunition to, a juvenile.

Subtitle C--Licensure

Sec. 110301. Firearms licensure and registration to require a
photograph and fingerprints.
Sec. 110302. Compliance with State and local law as a condition to
license.
Sec. 110303. Action on firearms license application.
Sec. 110304. Inspection of firearms licensees' inventory and records.
Sec. 110305. Reports of theft or loss of firearms.
Sec. 110306. Responses to request 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.

Subtitle E--Drug Crime Penalties

Sec. 110501. Enhanced penalty for use of a semiautomatic firearm during
a crime of violence or a drug trafficking crime.
Sec. 110502. Enhanced penalty for second offense of using an explosive
to commit a felony.
Sec. 110503. Smuggling firearms in aid of drug trafficking.
Sec. 110504. Theft of firearms and explosives.
Sec. 110505. Revocation of supervised release after imprisonment
Sec. 110506. Revocation of probation.
Sec. 110507. Increased penalty for knowingly making false, material
Statement in connection with the acquisition of a firearm from a
licensed dealer.
Sec. 110508. Possession of explosives by felons and others.
Sec. 110509. Summary destruction of explosives subject to forfeiture.
Sec. 110510. Elimination of outmoded language relating to parole.
Sec. 110511. Prohibition against transactions involving stolen firearms
which have moved in interstate or foreign commerce.
Sec. 110512. Using a firearm in the commission of counterfeiting or
forgery.
Sec. 110513. Enhanced penalties for firearms possession by violent
felons and serious 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 Xll--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 Xlll--CRIMINAL ALIENS AND IMUIGRATION ENFORCEMENT

Sec. 130001. Enhancement of penalties for failing to depart, or
reentering, after final order of deportation.
Sec. 130002. Criminal alien tracking center.
Sec. 130003. Alien witness cooperation and counterterrorism
information.
Sec. 130004. Deportation procedures for certain cnminal aliens who are
not permanent 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 conspiracy to commit contract killings.
Sec. 140008. Solicitation of minor to commit crime.

TITLE XV--CRIMINAL STREET GANGS

Sec. 150001. Criminal streetgangs.
Sec. 150002. Adult prosecution of serious juvenile offenders.
Sec. 150003. Addition of anti-gang byrne grant funding objective.
Sec. 150004. Juvenile drug trafficking and gang prevention grants.
Sec. 150005. Grants for youth development centers.
Sec. 150006. Mentoring program.
Sec. 150007. Juvenile anti-drug and anti-gang grants in federally
assisted low-income 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.
Sec. 160002. Sense of Congress concerning State legislation regarding
child pornography.
Sec. 160003. Confirmation of intent of Congress in enacting sections
2252 and 2256 of title 18, United States code.

TITLE XVII--CRIMES AGAINST CHILDREN

Subtitle 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.
                                  10

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
enforcerment education.
Sec. 200105. Designation of lead agency and submission of State plan.
Sec. 200106. Scholarship assistance.
Sec. 200107. Selection of participants
Sec. 200108. Police corps training.
Sec. 200109. Service obligation.
Sec. 200110. State plan requirements.
Sec. 200111. Assistance to States and localities employing police corps
officers.
Sec. 200112. Authorization of appropriations.
Sec. 200113. Reports to Congress.
Subtitle B--Law Enforcement Scholarship Program

Sec. 200201. Short title.
Sec. 1142. Definitions.
Sec. 200203. Allotment.
Sec. 200204. Establishrnent 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 ENFORCEUENT
Subtitle A--Byrne Program

Sec. 210101. Extension of Byrne Grant funding.
Subtitle B--Law Enforcement Family Support

Sec. 210201. Law enforcement family support.
Subtitle C--DNA Identification

Sec. 210301. Short title.
Sec. 210302. Funding to improve the quality and availability of DNA
analyses for law enforcement identification purposes.
Sec. 210303. Quality assurance and proficiency testing standards.

Sec 210304- Index to facilitate law enforcement exchange of DNA
identification information.

Sec 210305. Federal Bureau of Investigation. Sec 210306. Authorization
of appropriations.

Subtitle D--Police Pattern or Practice

Sec 210401. Cause of action. Sec 210402. Data on use of excessive
force,

Subtitle E--Improved Training and Technical Automation
Sec. 210501. Improved training and technical automation.

Subtitle F--Other State and Local Aid
Sec. 210601. Reauthorization of Office of Justice Programs.
Sec. 210602. Federal assistance to ease the increased burdens on State
court systems resulting from enactment of this act.
Sec. 210603. Auailability of violent crime reduction trust fund to fund
activities authorized 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--Victirns of Crime
Sec. 230101. Victim's right of allocution in sentencing.
Sec. 230102. Sense of the Senate concerning the right of a victim of a
violent crime or sexual abuse to speak at an offender's sentencing
hearing and any parole hearing.
Subtitle B--Crime Victims' Fund
Sec. 230201. Allocation of funds for costs and grants.
Sec. 230202. Relationship of crime victim compensation to certain
Federal programs.
Sec. 230203. Administrative costs for crime victim compensation.
Sec. 230204. Grants for demonstration projects.
Sec. 230205. Administrative costs for crime victim assistance.
Sec. 230206. Maintenance of effort.
Sec. 230207. Change of due date for required report.
Sec. 230208. Amendment of the Victims of Crime Act.
TITLE XXlV--PROTECTIONS FOR THE ELDERLY

Sec. 240001. Missing Alzheimer's Disease Patient Alert Program.
Sec. 240002. Crimes against the elderly.
Sec. 240003. Safe senior corridors grant.
TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS

Sec. 250001. Short title
Sec. 250002. Enhanced penalties for telemarketing fraud.
Sec. 250003. Increased penalties for fraud against older victims.
Sec. 250004. Rewards for information leading to prosecution and
conviction.
Sec. 250005. Authorization of appropriations.

Sec. 250006. Broadening application of mail fraud statute.
Sec. 250007 Fraud and related activity in connection with access
devices. &c. 250008. Information network.

TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT

Sec. 260001 Commission membership and appointment.
Sec. 260002. Conforming amendment.

TITLE XXVII--PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL COMMISSION ON
CRIME PREVENTION AND CONTROL

Sec. 270001. Presidential summit
Sec. 270002. Establishment; committees and task forces; representation.
Sec. 270003. Purposes.
Sec. 270004. Responsibilities of the commission.
Sec. 270005. Administrative matters.
Sec. 270006. Staff and support services.
Sec. 270007. Powers.
Sec. 270008. Report, termination.
Sec. 270009. Authorization of appropriations.

TITLE XXVIII--SENTENCING PROVISIONS

Sec. 280001. Imposition of sentence.
Sec. 280002. Technical amendment to mandatory conditions of probation.
Sec. 280003. Direction to United States &ntencing Commission regarding
sentencing enhancements for hate crimes.
Sec. 280004. Authorization of probation for petty offenses in certain
cases.
Sec. 280005. Full-time vice chairs of the United States Sentencing
Commission.
Sec. 280006. Cocaine penalty study.

TITLE XXIX--COMPUTER CRIME

Sec. 290001. Computer Abuse Amendments Act of 1994.

TITLE XXX--PROTECTION OF PRIVACY OF INFORMATION IN STATE
MOTOR VEHICLE RECORDS

Sec. 300001. Short title.
Sec. 300002. Prohibition on release and use of certain personal
information from State motor vehicle records.
Sec. 300003. Effective date.

TITLE XXXI--VIOLENT CRlME REDUCTION TRUST FUND

Sec. 310001. Creation of Violent Crime Reduction Trust Fund.
Sec. 310002. Conforming reduction in discretionary spending limits.
Sec. 310003. Extension of authorizations of appropriations for fiscal
years for which the full amount authorized is not appropriated
Sec. 310004. Flexibility in making of appropriations.

TITLE h~ xxxrl--MISCELLANEOUS

Subtitle A--Increases in Penalties

Sec. 320101. Increased penalties for assault.
Sec. 320102. Increased penalties for manslaughter.
Sec. 320103. Increased penalties for civil rights violations.
Sec. 320104. Penalties for trafficking in counterfeit goods and
services.
Sec. 320105. Increased penalty for conspiracy to commit murder for
hire.
Sec. 320106. Increased penalties for arson.
Sec. 320107. Increased penalties for drug trafficking near public
housing.
Sec. 320108. Task force and criminal penalties relating to the
introduction of nonindigenous species.
Sec. 320109. Military medals and decorations.

Subtitle B--Extension of Protection of Civil Rights Statutes

Sec. 320201. Extension of protection of civil rights statutes.

Subtitle C--Audit and Report

Sec. 320301. Audit requirement for State and local law enforcement
agencies receiving 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 gambling on ships or international waters.

Subtitle F--White Collar Crime Amendments

Sec. 320601. Receiving the proceeds of extortion or kidnapping.

Sec. 320602. Receiving the proceeds of a postal robbery.
Sec 320603. Crime 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 UnionAct amendments.
Sec 320607. Addition of predicate offenses to financial institutions
rewards statute.
Sec. 320608. Definition of savings and loan associations for purposes
of the offense of bank robbery and related offenses.
Sec. 320609. Definition of l-year period for purposes of the offense of
obstruction of a Federal audit.

Subtitle G--Safer Streets and Neighborhoods

Sec. 320701. Short title. .~o,-
Sec. 20702. Limitation on grant distribution.

Subtitle H--Recreational Hunting Safety

Sec. 320801. Short title.
Sec. 320802. Obstruction of a lawful hunt.
Sec. 320803. Civil penalties.
Sec. 320804. Other relief.
Sec. 320805. Relationship to State and local law and civil actions.
Sec. 320806. Regulations.
Sec. 320807. Rule of construction.
Sec. 320808. Definitions.

Subtitle I--Other Provisions

Sec. 320901. Wiretaps.
Sec. 320902. Theft of major artwork.
Sec. 320903. Addition of attempted robbery, kidnapping, smuggling, and
property damage offenses to eliminate inconsistencies and gaps in
coverage.
Sec. 320904. Gun-free school zones.
Sec. 320905. Interstate wagering.
Sec. 320906. Sense of Congress with respect to violence against
truckers.
Sec. 320907. Sense of the Senate regarding a study on out-of-wedlock
births
Sec. 320908. Sense of the Senate regarding the role of the United
Nations in international organized crime control
Sec. 320909. Optional venue for espionage and related offenses.
Sec. 320910. Undercover operations.
Sec. 320911. Misuse of initials "DEA".
Sec. 320912. Definition of livestock.
Sec. 320913. Asset forfeiture
Sec. 320914. Clarification of definition of a "court of the United
States" to include the district courts for Guam, the Northern Mariana
Islands, and the Virgin Islands.
Sec. 320915. Law enforcement personnel.
Sec. 320916. Authority to investigate violent crimes against travelers.
Sec. 320917. Extension of statute of limitations for arson.
Sec. 320918. Sense of Congress concerning child custody and visitation
rights.
Sec. 320919. Edward Byrne Memorial Formula Grant Program.
Sec. 320920. Sense of the Senate regarding Law Day U.S
Sec. 320921. First time domestic violence offender rehabilitation
program.
Sec. 320922. Display of flags at halfstaff.
Sec. 320923. Financial institution fraud
Sec. 320924. Definition of parent for the purposes of the offense of
kidnapping.
Sec. 320925. National Center for Criminal Justice Research and
Education.
Sec. 320926 Hate Crime Statistics Act.
Sec∙ 320927. Exemption from Brady background check requirement of
return of S       handgun to owner,
Sec. 320928. Amendment of the National Child Protection Act of 1993.
Sec. 320929. Tennessee Valley Authority law enforcement personnel.
Sec. 320930. Criminal justice and substance abuse treatment training.
Sec. 320932. Assistant United States attorney residency.
Sec. 320923. Labels on products.
TITLE XXIII--TECHNICAL CORRECTIONS

Sec. 330001. Amendments relating to Federal financial assistance for
law enforcement.
Sec. 330002. General title 18corrections.
Sec. 330003. Corrections of erroneous cross references and
misdesignations.
Sec. 330004. Repeal of obsolete provisions in title 18.
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 tltle 18 to eliminate
duplicate predicate cnmes.
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 f ne amounts in
offenses under title 18.
Sec. 330017. Technical corrections to title 31 crimes.
Sec. 330018. Repeal of superfluous statute of limitation and transfer
of child abuse statute of limitation.
Sec. 330019. Technical errors in section 1956.
Sec. 330020. Technical error.
Sec. 330021. Conforming spelling of variants of kidnap
Sec. 330022. Margin error.
Sec. 330023. Technical corrections relating to section 248 of title 18,
United States Code.
Sec. 330024. Technical amendments necessitated by the enactment of the
Domestic Chemical Diversion Control Act of 1993.
Sec. 330025. Victims of Crime Act.

TITLE I--PUBLIC SAFETY AND POLICING

SEC. 10001. SHORT TITLE.
This title may be cited as the "Public Safety Partnership and Community
Policing Act of 1994".
SEC. 10002. PURPOSES.
The purposes of this title are to--
(1) substantially increase the number of law enforcement officers
interacting directly with members of the community ("cops on the
beat");
(2) provide additional and more effective training to law enforcement
officers to enhance their problem solving, service, and other skills
needed in interacting with members of the community;
(3) encourage the development and implementation of innovative programs
to permit members of the community to assist State, Indian tribal
government, and local law enforcement 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.

                                  15

SEC. 10003. COMMUNITY POLICING; "COPS ON THE BEAT".
(a) IN GENERAL.--Title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.) is amended-
(1) by redesignating part Q as part R;
(2) by redesignating section 1701 as section 1801; and(3) by inserting
after part P the following new part:

"PART Q--PUBLIC SAFETY AND COMMUNITY
POLICING; "COPS ON THE BEAT"

"SEC. 170. AUTHORITY TO MAKE Public Safety and Community POLICING
GRANTS.
"(a) GRANT Authorization.--The Attorney General may make grants to
States, units of local government, Indian tribal governments, 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 enforcement officers for
deployment in community-oriented policing across the Nation, and
"(C) procure equipment, technology, or support systems, or pay
overtime, if the applicant for such a grant demonstrates to the
satisfaction of the Attorney General that expenditures for such
purposes would result in an increase in the number of officers deployed
in community-oriented policing equal to or greater than the increase in
the number of officers that would result from a grant for a like amount
for the purposes specified in subparagraph (A) or (B).
(2) GRANTS FOR EQUIPMENT, TECHNOLOGY, AND SUPPORT
SYSTEMS.--Grants pursuant to paragraph (V(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 pursuant to subparagraph (l)(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 offi-
cers 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 community-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 subsection (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 members of the community on proactive crime
control and prevention 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 enforcement 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 appearances;
"(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 managerial systems to
facilitate the adoption of community-oriented policing as an
organization-wide philosophy;
"(9) establish, implement, and coordinate crime prevention and control
programs (involving law enforcement officers working 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

                                  17

"(10) support the purchase by a law enforcement agency of no more than
1 service weapon per officer, upon hiring for deployment in
community-oriented policing or, if necessary, upon existing officers'
initial redeployment to community-oriented policing.
"(e) PREFERENTIAL CONSIDERATION OF APPLICATIONS FOR CERTAIN 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 enforcement officers that involve a
non-Federal contribution exceeding the 25 percent minimum under
subsection (z).
"(f) TECHNICAL ASSISTANCE--
"(1) IN GENERAL.--The Attorney General may provide technical assistance
to States, units of local government, Indian tribal governments, and to
other public and private entities, in furtherance of the purposes of
the Public Safety Partnership and Community Policing Act of 1994.
"(2) MODEL.--The technical assistance provided by the Attorney General
may include the development of a flexible model that will define for
State and local governments, and other public and private entities,
definitions and strategies associated with community or
problem-oriented policing and methodologies for its implementation.
"(3) TRAINING CENTERS AND FACILITIES.--The technical assistance
provided by the Attorney General may include the establishment and
operation of training centers or facilities, either directly or by
contracting or cooperative arrangements. The functions of the centers
or facilities established under this paragraph may include instruction
and seminars for police executives, managers, trainers, supervisors,
and such others as the Attorney General considers to be appropriate
concerning community or problem-oriented policing and improvements in
police-community interaction and cooperation that further the purposes
of the Public Safety Partnership and Community Policing Act of 1994.
(g) UTILIZATION OF COMPONENTS.--The Attorney General may utilize any
component or components of the Department of Justice in carrying out
this part.
"(h) MINIMUM AMOUNT.--Unless all applications submitted by any State
and grantee within the State pursuant to subsection (a) have been
funded, each qualifying State, together with grantees within the State,
shall receive in each fiscal year pursuant to subsection (a) not less
than 0.5 percent of the total amount appropriated 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 requirements 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
18

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 in-
creased hiring level using State or local sources of funding following
the conclusion of Federal support, as provided in an approved plan
pursuant to section 1702(c)(8).
'(j) ALLOCATION OF FUNDS.--The funds available under this part shall be
allocated as provided in section 1001(a)(11)(B).
"(k) TERMINATION OF GRANTS FOR HIRING OFFICERS.--The authority under
subsection (a) of this section to make grants for the hiring and
rehiring of additional career law enforcement officers shall lapse at
the conclusion of 6 years from the date of enactment of this part.
Prior to the expiration of this grant authority, the Attorney General
shall submit a report to Congress concerning the experience with and
effects of such grants. The report may include any recommendations the
Attorney General may have for amendments to this part and related
provisions of law in light of the termination of the authority to make
grants for the hiring and rehiring of additional career law enforcement
officers.

"SEC.1702. APPLICATIONS.
'(a) IN GENERAL.--No grant may be made under this part unless an
application has been submitted to, and approved by, the Attorney
General.
(b) APPLICATION.--An application for a grant under this part shall be
submitted in such form, and contain such information, as the Attorney
General may prescribe by regulation or guidelines.
(c) CONTENTS.--In accordance with the regulations or guidelines
established by the Attorney General, each application for a grant under
this part shall--
"(1) include a long-term strategy and detailed implementation plan that
reflects consultation with community groups and appropriate private and
public agencies and reflects consideration of the statewide strategy
under section 503(a)(1k
"(2) demonstrate a specific public safety need;
"(3) explain the applicant's inability to address the need without
Federal assistance;
"(4) identify related governmental and community initiatives which
complement or will be coordinated with the proposal;
"(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 inkind 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;

19

"(9) assess the impact, if any, of the increase in police resources on
other components of the criminal justice system;
"(10) explain how the grant will be utilized to reorient the affected
law enforcement agency's mission toward community-oriented policing or
enhance its involvement in or commitment to community-oriented
policing; and
"(11) provide assurances that the applicant will, to the extent
practicable, seek, recruit, and hire members of racial and ethnic
minority groups and women in order to increase their ranks within the
sworn positions in the law enforcement agency.
"(d) SPECIAL PROVISIONS.--
"(1) SMALL Jurisdictions.--Notwithstanding any other provision of this
part, in relation to applications under this part of units of local
government or law enforcement agencies having jurisdiction over areas
with population 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 applications.
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 Attorney
General determines that the funds made available to the recipient were
used in a manner required under an approved application and if the
recipient can demonstrate significant progress in achieving the
objectives of the initial application.
(b) GRANTS FOR Hiring. Grants made for hiring or rehiring additional
career law enforcement officers may be renewed for up to 5 years,
subject to the requirements of subsection (a), but notwithstanding 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 govern-
ments, from funds supplied by the Bureau of Indian Affairs.
(b) NON-FEDERAL COSTS.--
"(1) IN GENERAL States and units of local government may use assets
received through the Assets Forfeiture equitable sharing program to
provide the non-Federal share of the cost of programs, projects, and
activities funded under this part.
"(2) INDIAN TRIBAL GOVERNMENTS.--Funds appropriated by the Congress for
the activities of any agency of an Indian tribal government or the
Bureau of Indian Affairs performing law enforcement functions on any
Indian lands may be used to provide the non-Federal share of the cost
of programs or projects funded under this part.
"(c) HIRING COSTS.--Funding provided under this part for hiring or
rehiring a career law enforcement officer may not exceed ~J;75,000,
unless the Attorney General grants a waiver from this limitation.
"SEC. 170~;. PERFORMANCE EVALUATION
(a) MONITORING COMPONENTS.--Each program, project, or activity funded
under this part shall contain a monitoring component, developed
pursuant to guidelines established by the Attorney General. The
monitoring required by this subsection shall include systematic
identification and collection of data about activities,
accomplishments, and programs throughout the life of the program,
proJect, or activity and presentation of such data in a usable form.
(b) EVALUATION COMPONENTS.--Selected grant recipients shall be
evaluated on the local level or as part of a national evaluation
pursuant to guidelines established by the Attorney General. Such
evaluations may include assessments of individual program imple-
mentations. 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 or life measures, community
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 subsections (a) and (b) and
such other data and information as the Attorney General deems
reasonably necessary.
"SEC. 1706. REVOCATION OR SUSPENSION OF Funding.
"If the Attorney General determines, as a result of the reviews
required by section 1706, or otherwise, that a grant recipient under
this part is not in substantial compliance with the terms and
requirements of an approved grant application submitted under section
1702, the Attorney General may revoke or suspend funding of that grant,
in whole or in part.
"SEC. 1707. ACCESS TO DOCUMENTS.
(a) BY THE ATTORNEY GENERAL--The Attorney General shall have access for
the purpose of audit and examination to any pertinent 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
ties that are involved in programs, projects, or activities for which
assistance is provided under this part.
"(b) BY THE COMPTROLLER GENERAL.--Subsection (a) shall apply with
respect to audits and examinations conducted by the Comptroller General
of the United States or by an authorized representative of the
Comptroller General.
c. 1708. GENERAL REGULATORY AUTHORITY.
"The Attorney General may promulgate regulations and guidelines 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 or
violations of criminal laws.
" 'citizens' police academy' means a program by local law enforcement
agencies or private non profit organizations in which citizens,
especially those who participate in neighborhood watch programs, are
trained in ways of facilitating communication between the community and
local law enforcement in the prevention of crime.
" 'Indian tribe' means a tribe, band, pueblo, nation, or other or-
ganized 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 o, suspension of funding. "Sec. 1707. Access to
documents.
"Sec. 1708. General regulatory authority. "Sec. 1709. Definition.
"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:
''(IV(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;
22

"(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 three
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 part Q shall be made available for grants to
Indian tribal governments or tribal law enforcement agencies.".

TITLE II--PRISONS
Subtitle A--Violent Offender Incarceration
and Truth in Sentencing Incentive Grants

SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.
(a) GRANT AUTHORIZATION.--The Attorney General may make grants to
individual States and to States organized as multi-State compacts to
develop, expand, modify, operate, or improve correctional facilities
and programs, including boot camp facilities and programs and other
alternative confinement facilities and programs that can free
conventional prison space for the confinement of violent offenders, to
ensure that prison cell space is available for the confinement of
violent offenders and to implement truth in sentencing laws for
sentencing violent offenders.
(b) ELIGIBILITY.--TO be eligible to receive a grant under this
subtitle, a State or States organized as multi-State compacts shall
submit an application to the Attorney General which includes--
(1) assurances that the State or States have implemented,
or will implement, correctional policies and programs, includ-
ing 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 of-
fenders, including violent juvenile offenders, and that the pris-
on time served is appropriately related to the determination

                                  23

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
develop, expand, modify, operate, or improve correctional facilities
and programs to ensure that prison cell space is available for the
confinement of violent offenders;
(4) assurances that the State or States have a comprehensive
correctional plan which represents an integrated approach to the
management and operation of correctional facilities and programs and
which includes diversion programs, particularly drug diversion
programs, community corrections programs, a prisoner screening and
security classification system, appropriate 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 counties and
other units of local government, when appropriate, in the development,
expansion, modification, operation or improvement of correctional
facilities and programs designed to 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 development, expansion, modification, operation, or
improvement of correctional facilities and programs; and
(9) if applicable, a description of the eligibility criteria for
prisoner participation in any boot camp that is to be funded.
(c) CONSIDERATION.--The Attorney General, in making such grants, shall
give consideration to the special burden placed on States which
incarcerate a substantial number of inmates who are in the United
States illegally.

SEC.20102. TRUTH IN SENTENCING INCENTIVE GRANTS.
(a) TRUTH IN Sentencing GRANT PROGRAM.--Forty percent of the total
amount of funds appropriated to carry out this subtitle for
                                  24

each of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be
made available for Truth in Sentencing Incentive Grants. To be eligible
to receive such a grant, a State must meet the requirements of section
20101(b) and shall demonstrate that the State--
(1) has in effect laws which require that persons convicted of violent
crimes serve not less than 85 percent of the sentence imposed; or
(2) since 1993--
(A) has increased the percentage of convicted violent of
fenders 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 requiring 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 pre
ceding violent crime or serious drug offense.
(b) ALLOCATION OF TRUTH IN SENTENCING INCENTIVE FUNDS.--
(1) FORMULA ALLOCATION.--The amount available to carry out this section
for any fiscal year under subsection (a) shall be allocated to each
eligible State in the ratio that the number of part 1 violent crimes
reported by such State to the Federal Bureau of Investigation for 1993
bears to the number of part 1 violent crimes reported by all States to
the Federal Bureau of Investigation for 1993.
(2) TRANSFER OF UNUSED FUNDS.--On September 30 of each of fiscal years
1996, 1998, 1999, and 2000, the Attorney General shall transfer to the
funds to be allocated under section 20103(b)(1) any funds made
available to carry out this section that are not allocated to an
eligible State under paragraph (1). SEC 20103. VIOLENT OFFENDER
INCARCERATION GRANTS.
(a) VIOLENT OFFENDER INCARCERATION GRANT PROGRAM.-- Sixty 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, American

                                  25

Samoa, Guam and the Northern Mariana Islands each shall be allocated
0.05 percent.
(B) The amount remaining after application of sub
paragraph (A) shall be allocated to each eligible State in the ratio
that the number of part 1 violent crimes reported by such State to the
Federal Bureau of Investigation for 1993 bears to the number of part 1
violent crimes reported by all States to the Federal Bureau of
Investigation for 1993.
(2) DISCRETIONARY ALLOCATION.--Fifteen percent of the sum of the amount
available for Violent Offender Incarceration Grants for any fiscal year
under subsection (a) and any amount transferred under section
20103(b)(3) for that fiscal year shall be allocated at the discretion
of the Attorney General to States that have demonstrated the greatest
need for such grants and the ability to best utilize the funds to meet
the objectives of the grant program and ensure that prison cell space
is available for the confinement of violent offenders.
(3) TRANSFER OF UNUSED FORMULA FUNDS.--On September 30 of each of
fiscal years 1996, 1997, 1998, 1999, and 2000, the Attorney General
shall transfer to the discretionary program under paragraph (2) any
funds made available for allocation under paragraph (1) that are not
allocated to an eligible State under paragraph (1).

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 ap-
plication approved under this subtitle.
SEC. 20105. RULES AND REGULATIONS.
(a) The Attorney General shall issue rules and regulations regarding
the uses of grant funds received under this subtitle not later than 90
days after the date of enactment of this Act.
(b) If data regarding part 1 violent crimes in any State for 1993 is
unavailable or substantially inaccurate, the Attorney General shall
utilize the best available comparable data regarding the number of
violent crimes for 1993 for that State for the purposes of allocation
of any funds under this subtitle.

SEC. 20106. TECHNICAL ASSISTANCE AND TRAINING.
The Attorney General may request that the Director of the National
Institute of Corrections and the Director of the Federal Bureau of
Prisons provide technical assistance and training to a State or States
that receive a grant under this subtitle to achieve the purposes of
this subtitle.
SEC. 20107. EVALUATION.
The Attorney General may request the Director of the National Institute
of Corrections to assist with an evaluation of programs established
with funds under this subtitle.
SEC. 20108. DEFINITIONS.
In this subtitle--
"boot camp" means a correctional program of not more
than 6 months' incarceration involving--





                                  26

(A) assignment for participation in the program, in
conformity with State law, by prisoners other than prisoners who have
been convicted at any time of a violent felony;
(B) adherence by inmates to a highly regimented schedule 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 participants that are
coordinated with the program carried out during the period of
imprisonment.
"part 1 violent crimes means murder and non-negligent manslaughter,
forcible rape, robbery, and aggravated assault as reported to the
Federal Bureau of Investigation for purposes of the Uniform Crime
Reports
"State" or "States* means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
SEC.20109. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this sub

(1) $175,000,000 for fiscal year 1995, of which$175,000,000 may be
appropriated from the Violent Crime Reduction Trust Fund
(2) $940,000,000 for fiscal year 1996, of which$500,000,000 may be
appropriated from the Violent Crime Reduction Trust Fund;
(3) $1,240,000,000 for fiscal year 1997, of which $800,000,000 may be
appropriated from the Violent Crime Reduction Trust Fund,
(4) $1,740,000,000 for fiscal year 1998, of which $1,300,000,000 may be
appropriated from the Violent Crime Reduction Trust Fund
(5) $2,290,000,000 for fiscal year 1999, of which$1,850,000,000 may be
appropriated from the Violent Crime Reduction Trust Fund; and
(6) $2,310,000,000 for fiscal year 2000, of which $1,870,000,000 may be
appropriated from the Violent Crime Reduction Trust Fund.

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-
(I) by redesignating part R as part S;
(2) by redesignating section 1801 as section 1901; and
(3) by inserting after part Q the following new part:








                                  27

"PART R--Certain PUNISHMENT FOR YOUNG
OFFENDERS

"SEC.1801. GRANT AUTHORIZATION.
(a) IN GENERAL.--The Attorney General may make grants under this part
to States, for the use by States and units of local government, for the
purpose of developing alternative methods of punishment for young
offenders to traditional forms of incarceration 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-
"(I) 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 education and
job training activities for incarcerated young offenders, 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 incarceration,
weekend incarceration, and electronic monitoring of offenders;
"(5) community service programs that provide work service placement for
young offenders at non-profit, private organizations and community
organizations;
"(6) innovative methods that address the problems of young offenders
convicted of serious substance abuse (including alcohol 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.

"SEC.1802. STATE Applications.
(a) IN GENERAL.-
(I) SUBMISSION OF APPLICATION.--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 Attorney
General may reasonably require.
(2) ASSURANCES.--An application under paragraph (V shall include
assurances that Federal funds received under this part shall be used to
supplement, not supplant, non-Federal funds that would otherwise be
available for activities funded under this part.
(b) STATE OFFICE.--The office designated under section 507-"(I) shall
prepare the application as required under subsection (a): and






                                  28

"(2) shall administer grant funds received under this part, including
review of spending, processing, progress, financial reporting,
technical assistance, grant adjustments, accounting, auditing, and fund
disbursement.

SEC.1803. REVIEW OF STATE APPLICATIONS.
"(a) IN GENERAL.--The Attorney General shall make a grant under section
1801(a) to carry out the projects described in the application
submitted by such applicant under section 1802 upon determining that--
"(1) the application is consistent with the requirements of this part;
and
"(2) before the approval of the application, the Attorney General has
made an affirmative finding in writing that the proposed project has
been reviewed in accordance with this part.
"(b) APPROVAL.--Each application submitted under section 1802 shall be
considered approved, in whole or in part, by the Attorney General not
later than 45 days after first received unless the Attorney General
informs the applicant of specific reasons for disapproval.
"(c) RESTRICTION.--Grant funds received under this part shall not be
used for land acquisition or construction projects, other than
alternative facilities described in section 1801(b).
"(d) DISAPPROVAL NOTICE AND RECONSIDERATION.--The Attorney General
shall not disapprove any application without first affording the
applicant reasonable notice and an opportunity for reconsideration.

.1804. LOCAL APPLICATIONS.
(a) IN GENERAL.--
(1) SUBMISSION OF APPLICATION.--To request funds under this part from a
State, the chief executive of a unit of local government shall submit
an application to the office designated under section 1802(b).
"(2) APPROVAL.--An application under paragraph (V 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 writing of specific reasons for disapproval.
"(3) DISAPPROVAL.--The State shall not disapprove any application
submitted to the State without first affording the applicant reasonable
notice and an opportunity for reconsideration.
(4) EFFECT OF APPROVAL.--If an application under subsection (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 application that has
been submitted and approved by the State within 45 days after the
Attorney General has approved the application submitted by the State
and has made funds available to the State. The Attorney General may
waive the 45-day requirement in this section

                                  29

upon a finding that the State is unable to satisfy such requirement
under State statutes.
"SEC. 1805. ALLOCATION AND Distribution OF FUNDS.
"(a) STATE DISTRIBUTION OF the total amount appropriated under this
part in any fiscal year--
"(1) 0.4 percent shall be allocated to each of the participating
States; and
"(2) of the total funds remaining after the allocation under paragraph
(1), there shall be allocated to each of the participating States an
amount which bears the same ratio to the amount of remaining funds
described in this paragraph as the 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 programs in the preceding fiscal year bears to the
aggregate amount of funds expended by the State and all units of local
government in such State for correctional programs in such preceding
fiscal year.
"(2) UNDISTRIBUTED FuNDS.--Any funds not distributed to units of local
government under paragraph (1) shall be available for expenditure by
such State for purposes specified under section 1801.
"(3) UNUSED FuNDs.--If the Attorney General determines, on the basis of
information available during any fiscal year, that a portion of the
funds allocated to a State for such fiscal year will not be used by
such State or that a State is not eligible to receive funds under
section 1801, the Attorney General shall award such funds to units of
local government in such State giving priority to the units of local
government that the Attorney General considers to have the greatest
need.
"(c) GENERAL Requirement.--Notwithstanding subsections (a) and (b), not
less than two-thirds of funds received by a State under this part shall
be distributed to units of local government unless the State applies
for and receives a waiver from the Attorney General. "(d) FEDERAL
SHARE.--The Federal share of a grant made under this part may not
exceed 75 percent of the total costs of the projects described in the
application submitted under section 1802(a) for the fiscal year for
which the projects receive assistance under this part.
(e) CONSIDERATION.--Notwithstanding subsections (a) and (b), in
awarding grants under this part, the Attorney General shall consider as
a factor whether a State has in effect throughout such State a law or
policy that requires that a juvenile who is in possession 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.
                                  30

(f) DEFINITION.--For purposes of this part, "juvenile" means a person
18 years of age or younger.

SEC. 1806. EVALUATION.
(a) IN GENERAL.--
"(1) SUBMISSION TO THE DIRECTOR.--Each State and unit of local
government that receives a grant under this part shall submit to the
Attorney General an evaluation not later than March 1 of each year in
accordance with guidelines issued by the Attorney General. Such
evaluation shall include an appraisal by representatives of the
community of the programs funded by the grant.
"(2) WAIVER.--The Attorney General may waive the requirement specified
in paragraph (V 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

"(c) ADMINISTRATIVE COSTS.--A State or unit of local government may use
not more than 5 percent of funds it receives under this part to develop
an evaluation program under this section.".
(b) TECHNICAL AMENDMENT.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), as amended by section 10003(a), is amended by striking the
matter relating to part R and inserting the following:

PART R--CERTAIN PUNISHMENTS FOR YOUNG OFFENDERS

"Sec. 1801. Grant authorization. "Sec. 1802. State applications. sec.
1803. Review of state applications. "Sec. 1804. Local applications.
sec. 1805. Allocation and distribution of funds. "sec. 1806.
Evaluation.

"Part S--TRANSITION--EFFECTIVE DATE REPEALER "Sec. 1901. continuation
of rules, authorities, and proceedings.".
(c) DEFINITION.--Section 901(a) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3791(a)), is amended--
(1) by adding a semicolon at the end of paragraph (21);
(2) by striking "and " at the end of paragraph (22);
(3) by striking the period at the end of paragraph (23) and inserting a
semicolon, and
(4) by adding after paragraph (23) the following:
"(24) the term 'young offender' means a non-violent firsttime offender
or a non-violent offender with a minor criminal record who is 22 years
of age or younger (including juveniles);

(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--

                                  31

"(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 appropriate, a
political subdivision of the State) exercising authority with respect
to the incarceration of an undocumented criminal alien submits a
written request to the Attorney General, the Attorney General shall, as
determined by the Attorney General--
"(A) enter into a contractual arrangement which provides for
compensation to the State or a political subdivi-
sion of the State, as may be appropriate, with respect to the
incarceration of the undocumented criminal alien, or
"(B) take the undocumented criminal alien into the custody of the
Federal Government and incarcerate the alien."(2) Compensation under
paragraph (1)(A) shall be the average cost of incarceration of a
prisoner in the relevant State as determined by the Attorney General.
"(3) For purposes of this subsection, the term 'undocumented 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 proceedings 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 nonimmigrant 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.
"(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 fol-
                                  32

lowing amounts may be appropriated from the Violent Crime Reduction
Trust Fund:
     "(A) $130,000,000 for fiscal year 1995;
     "(B) $300,000,000 for fiscal year 1996;
     "(C) $330,000,000 for fiscal year 1997;
     "(D) $350,000,000 for fiscal year 1998;
     "(E) $350,000,000 for fiscal year 1999; and
     "(F) $340,000,000 for fiscal year 2000."
(b) EFFECTIVE DATE.--The amendment made by subsection (a) shall take
effect October 1, 1994.
(c) TERMINATION OF LIMITATION.--Notwithstanding section 242(j)(5) of
the Immigration and Nationality Act, as added by subsection (a), the
requirements of section 242~j) of the Immigration and Nationality Act,
as added by subsection (a), shall not be subject to the availability of
appropriations on and after October 1, 2004.

Subtitle D--Miscellaneous Provisions

SEC 20401. PRISONER'S PLACE OF IMPRISONMENT.
Paragraph (b) of section 3621 of title 18, United States Code, is
amended by inserting after subsection (5) the following: "In
designating the place of imprisonment or making transfers under this
subsection, there shall be no favoritism given to prisoners of high
social or economic status. .
SEC.20402. PRISON IMPACT ASSESSMENTS.
(a) IN GENERAL.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following new section:

"4047. Prison impact amendment.
"(a) Any submission of legislation by the Judicial or Executive branch
which could increase or decrease the number of persons incarcerated or
in Federal penal institutions shall be accompanied by a prison impact
statement (as defined in subsection (b)).
"(b) The Attorney General shall, in consultation with the Sentencing
Commission and the Administrative Office of the United States Courts,
prepare and furnish prison impact assessments under subsection (c) of
this section, and in response to requests from Congress for information
relating to a pending measure or matter that might affect the number of
defendants processed through the Federal criminal justice system. A
prison impact assessment 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 construction and
operation of correctional facilities for the current fiscal year and 5
succeeding fiscal years;
"(3) an analysis of any other significant factor affecting the
cost of the measure and its impact on the operations of compo-
nents of the criminal justice system, and
"(4) a statement of the methodologies and assumptions utilized
i preparing the assessment.

                                  33

     "(c) The Attorney General shall prepare and transmit to the
Congress, by March 1 of each year, a prison impact assessment re-
flecting the cumulative effect of all relevant changes in the law tak-
ing 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 GOVERNMENT OF
IMPRISONMENT, RELEASE, AND Probation.
(a) IMPOSITION OF SENTENCE.--Section 3572(a) of title 18, United States
Code, is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(2) by inserting after paragraph (5) the following new para-
graph:
"(6) the expected costs to the government of any imprisonment,
supervised release, or probation component of the sentence;".
(b) DUTIES OF THE SENTENCING COMMISSION.--Section 994 of title 28,
United States Code, is amended by adding at the end the following new
subsection:
"(y) The Commission, in promulgating guidelines pursuant to subsection
(a)(1), may include, as a component of a fine, the expected costs to
the Government of any imprisonment, supervised release, or probation
sentence that is ordered.".
SEC. 20404. APPLICATION TO PRISONERS TO WHICH PRIOR LAW APPLIES.
In the case of a prisoner convicted of an offense committed prior to
November 1, 1987, the reference to supervised release in section
4042(b) of title 18, United States Code, shall be deemed to be a ref-
erence 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 im-
prisonment for the duration of the prisoner's life, may re-
ceive credit toward the service of the prisoner's sentence, be-
yond 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 determina-
tion by the Bureau of Prisons that, during that year, the


                                  34

prisoner has displayed exemplary compliance with such institutional
disciplinary regulations.".


SEC. 20406. TASK FORCE ON PRISON CONSTRUCTION STANDARDIZATION 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-cutting new building
materials and technologies.
(b) COOPERATION.--The task force shall work in close cooperation and
communication with other State and local officials responsible 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 con-
struction; 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 information
described in subsection (c) to State and local officials involved in
prison construction, through written reports and meetings.
(e) PROMOTION AND EVALUATION.--The task force shall--
(1) work to promote the implementation of cost-saving efforts
at the Federal, State, and local levels;
(2) evaluate and advise on the results and effectiveness of
such cost-saving efforts as adopted, broadly disseminating in-
formation on the results; and
(3) to the extent feasible, certify the effectiveness of the cost
savings efforts. SEC 20407. EFFICIENCY IN LAW ENFORCEMENT AND
CORRECTIONS.
(a) IN GENERAL.--In the administration of each grant program funded by
appropriations authorized by this Act or by an amendment made by this
Act, the Attorney General shall encourage-
(1) innovative methods for the low-cost construction of fa-
cilities to be constructed, converted, or expanded and the low-
cost operation of such facilities and the reduction of administra-
tive costs and overhead expenses; and
(2) the use of surplus Federal property.
(b) ASSESSMENT OF CONSTRUCTION COMPONENTS AND DE
SIGNS.--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 housing
nonviolent criminals.


                                  35

SEC. 20408. AMENDMENTS TO THE DEPARTMENT OF EDUCATION ORGANIZATION ACT
AND THE NATIONAL LITERACY ACT OF 1991. (a) TECHNICAL AMENDMENT.--The
matter preceding paragraph (1) of section 214(d) of the Department of
Education Organization Act (20 U.S.C. 3423a(d)) is amended by striking
"under subsection (a)" and inserting "under subsection (c)".
(b) ESTABLISHMENT OF A PANEL AND USE OF FUNDS section 601 of the
National Literacy Act of 1991 (20 U.S.C. 1211-2) is amended-
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following new subsections:
"(g) PANEL.--The Secretary is authorized to consult with and convene a
panel of experts in correctional education, including program
administrators and field-based professionals in adult corrections,
Juvenile services, Jails and community corrections programs,

"(1) develop measures for evaluating the effectiveness of the programs
funded under this section; and
"(2) evaluate the effectiveness of such programs.
"(h) USE OF FUNDS.--Notwithstanding any other provision of law, the
Secretary may use not more than five percent of funds appropriated
under subsection (i) in any fiscal year to carry out grant related
activities such as monitoring, technical assistance, and replication
and dissemination.".

SEC. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.
(a) AMENDMENT OF TITLE 18, UNITED STATES CODE.--Subchapter 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 crowding

"(a) REQUIREMENT OF SHOWING WITH RESPECT TO THE PLAINTIFF 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 conditions that are
causing the cruel and unusual punishment of the plaintiff inmate.
(b) INMATE POPULATION CEILINGS.-
"(1) REQUIREMENT OF SHOWING WITH RESPECT TO PARTICULAR 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 prisoners.
"(2) RULE OF CONSTRUCTION.--Paragraph (1) shall not be construed to
have any effect on Federal judicial power to issue
                                  36

equitable relief other than that described in paragraph (1), in-
cluding the requirement of improved medical or health care and
the imposition of civil contempt fines or damages, where such
relief is appropriate.
"(c) PERIODIC REOPENING.--Each Federal court order or consent decree
seeking to remedy an eighth amendment violation shall be reopened at
the behest of a defendant for recommended modification at a minimum of
2-year intervals.".
(b) APPLICATION OF AA~--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 subchapter C of
chapter 229 of title 18, United States Code, is amended by adding at
the end the following new item:
3626. Appropriate remedies with respect to prison crowding

(d) SUNsET PROVISION.--This section and the amendments made by this
section are repealed effective as of the date that is 5 years after the
date of enactment of this Act.

SEC. 20410. CONGRESSIONAL APPROVAL OF ANY EXPANSION OF LORTON AND
CONGRESSIONAL HEARINGS ON FUTURE NEEDS.
(a) CONGRESSIONAL APPROVAL.--Notwithstanding any other provision of
law, the existing prison facilities and complex at the District of
Columbia Corrections Facility at Lorton, Virginia, shall not be
expanded unless such expansion has been approved by the Congress under
the authority provided to Congress in section 446 of the District of
Columbia Self-Government and Governmental Reorganization Act.
(b) SENATE HEARINGS.--The Senate directs the Subcommittee on the
District of Columbia of the Committee on Appropriations of the Senate
to conduct hearings regarding expansion of the prison complex in
Lorton, Virginia, prior to any approval granted pursuant to subsection
(a). The subcommittee shall permit interested parties, including
appropriate officials from the County of Fairfax, Virginia, to testify
at such hearings.
(c) DEFINITION.--For purposes of this section, the terms "expanded" and
"expansion" mean any alteration of the physical structure of the prison
complex that is made to increase the number of inmates incarcerated at
the prison.

SEC. 20411. AwARDS OF PELL GRANTS TO PRISONERS PROHIBITED.

(a) IN GENERAL.--Section 401(b)(8) of the Higher Education Act of 1965
(20 U.S.C. 1070a(b)(8)) is amended to read as follows:
"(8) No basic grant shall be awarded under this subpart to any
individual who is incarcerated in any Federal or State penal insti-
tution.".
(b) APPLICATION OF AMENDMENT.--The amendment made by this section shall
apply with respect to periods of enrollment beginning 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 "(I)" after "behavior.--";

                                  37

(2) by striking "Such credit toward service of sentence vests
at the time that it is received. Credit that has vested may not later
be withdrawn, and credit that has not been earned may not later be
granted." and inserting "Credit that has not been earned may not later
be granted."; and (3) by adding at the end the following:
"(2) Credit toward a prisoner's service of sentence shall not be vested
unless the prisoner has earned or is making satisfactory progress
toward a high school diploma or an equivalent degree.
"(3) The Attorney General shall ensure that the Bureau of Prisons has
in effect an optional General Educational Development program for
inmates who have not earned a high school diploma or its equivalent.
"(4) Exemptions to the General Educational Development requirement may
be made as deemed appropriate by the Director of the Federal Bureau of
Prisons.".
SEC. 20413. CONVERSION OF CLOSED MILITARY INSTALLATIONS AND OF FEDERAL
PRISON FACILITIES.
(a) STUDY OF SUITABLE BASES.--The Secretary of Defense and the Attorney
General shall jointly conduct a study of all military installations
selected before the date of enactment of this Act to be closed pursuant
to a base closure law for the purpose of evaluating 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 Author-
ization Amendments and Base Closure and Realignment Act
(Public Law 100~26) and the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of Public Law 101-
~10), the Attorney General shall--
(A) consider whether using any portion of a military installation
closed or scheduled to be closed in the region pursuant to a base
closure law provides a cost-effective alternative to the purchase of
real property or construction of new prison facilities;
(B) consider whether such use is consistent with a reutilization and
redevelopment plan; and
(C) give consideration to any installation located in a rural area the
closure of which will have a substantial ad-
                                  38

verse impact on the economy of the local communities and on the ability
of the communities to sustain an economic re-
covery from such closure.
(2) CONSENT.--With regard to paragraph (1)(B), consent must be obtained
from the local re-use authority for the military installation,
recognized and funded by the Secretary of Defense, before the Attorney
General may proceed with plans for the design or construction of a
prison at the installation
(3) REPORT ON BASIS OF DECISION.--Before proceeding with plans for the
design or construction of a Federal prison, the Attorney General shall
submit to Congress a report explaining the basis of the decision on
where to locate the new prison facility.
(4) REPORT ON COST-EFFECTIVENESS.--If the Attorney General 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 installations 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 OF 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 of-
fenders on post-conviction release. The program shall include such
standards and guidelines as the Director may determine necessary to
ensure the reliability and accuracy of the drug testing programs. In
each judicial district the chief probation officer shall arrange for
the drug testing of defendants on post-conviction release pursuant to a
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--



                                  39

(1) in paragraph (2) by striking "and" after the semicolon; (2) in
paragraph (3) by striking the period and inserting ',

(3) by adding at the end the following new paragraph:
"(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 de-
termine 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
administered 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 sub

INSERT 40 AND 41




                                  42

SEC. 20416. CIVIL RIGHTS OF NATIONALIZED PERSONS.
(a) EXHAUSTION OF ADMINISTRATIVE REMEDIES. Section 7 of The Civil
Rights of Institutionalized Persons Act (42 U.S.C. 1997e) as amended--
(1) in subsection (a)
(A) in paragraph (1), by striking "ninety days" and in-
serting "180 days"; and
(B) in paragraph (2), by inserting before the period at
the end the following: "or are otherwise fair and effective";
and
(2) in subsection (c)
(A) in paragraph (V by inserting before the period at
the end the following: "or are otherwise fair and effective";
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) APPLICA-
TION 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 ";

(4) by inserting after paragraph (4) of subsection (a), as
designated by paragraph (1), the following new paragraph:
"(5) provide notice of release of prisoners in accordance
with subsection (b)."; and
(5) by inserting after subsection (a), as designated by para-
graph (1), the following new subsection:
(b) NOTICE OF RELEASE OF PRISONERS. (1) At least 5 days prior to the
date on which a prisoner described in paragraph (3) is to be released
on supervised release, or, in the case of a prisoner on supervised
release, at least 5 days prior to the date on which the prisoner
changes residence to a new jurisdiction, written notice of the release
or change of residence shall be provided to the chief law enforcement
officer of the State and of the local jurisdiction in which the
prisoner will reside. Notice prior to release shall be provided by the
Director of the Bureau of Prisons. Notice concerning 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 Administrative 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 (V 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


                                  43

"(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
"(B) a crime of violence (as defined in section 924(c)(3)).
"(4) The notice provided under this section shall be used solely for
law enforcement purposes.".
SEC. 20418. CORRECTIONAL JOB TRAINING AND PLACEMENT.
(a) PURPOSE.--It is the purpose of this section to encourage and
support job training programs, and job placement programs, that provide
services to incarcerated persons or ex-offenders.
(b) DEFINITIONS.--As used in this section:
(1) CORRECTIONAL INSTITUTION.--The term correctional institution" means
any prison, jail, reformatory, work farm, detention center, or halfway
house, or any other similar institution 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 person" means any
individual incarcerated in a Federal or State correctional institution
who is charged with or convicted of any criminal offense.
(C) ESTABLISHMENT OF OFFICE.--
(1) IN GENERAL.--The Attorney General shall establish within the
Department of Justice an Office of Correctional Job Training and
Placement. The Office shall be headed by a Director
who shall be appointed by the Attorney General.
(2) TIMING.--The Attorney General shall carry out this subsection not
later than 6 months after the date of enactment of this section.
(d) FUNCTIONS OF OFFICE.--The Attorney General, acting through the
Director of the Office of Correctional Job Training and Placement, in
consultation with the Secretary of Labor, shall--
(1) assist in coordinating the activities of the Federal Bonding
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 Revenue Code of 1986 with
respect to ex-offenders, and any other correctional job training or
placement program of the Department of Justice or Department of Labor;
(2) provide technical assistance to State and local employment and
training agencies that--
                                  44

(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 employ-
ability;
(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 persons and ex-offenders in
gaining marketable occupational skills and Job placement
(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 placement 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, administrative entities,
and private industry councils, with respect
to programs carried out under this Act; and
(B) other State and local officials, with respect to other
employment or training programs carried out by the Department of
Justice or Department of Labor;
(7) collect from States information on the training accomplishments and
employment outcomes of a sample of incarcerated 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 information on the
development and implementation of correctional job training or
placement programs; and
(B) disseminate such information, as appropriate.

TITLE III--CRIME PREVENTION
Subtitle A--Ounce of Prevention Council

SEC. 30101. OUNCE OF PREVENTION COUNCIL (a) ESTABLISHMENT.--
(1) IN GENERAL.--There is established an Ounce of Prevention Council
(referred to in this title as the "Council"), the members of which--
(A) shall include the Attorney General, the Secretary of
Education, the Secretary of Health and Human Services,
the Secretary of Housing and Urban Development, the Sec-
retary of Labor, the Secretary of Agriculture, the Secretary
of the Treasury, the Secretary of the Interior, and the Direc-
tor of the Office of National Drug Control Policy; and
(B) may include other officials of the executive branch
as directed by the President.





                                  45

(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 addition to the
program coordination provided in subsection (b), the Council shall be
responsible for such functions as coordinated planning, 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 coordinated through the Council. In consultation
with the Council, the Chair may issue regulations and guidelines to
carry out this subtitle and programs administered by or coordinated
through the Council. SEC. 30102. OUNCE OF PREVENTION GRANT PROGRAM.
(a) IN GENERAL.--The Council may make grants for--
(1) summer and after-school (including weekend and holiday) 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 outreach 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
bast- of collaboration and coordination 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 neighborhood or sections of
municipalities or particular segments of rural areas, and applications
shall demonstrate how programs will serve substantial proportions of
children and youth resident in the target
                                  46

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 community-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 subsection (b) for the fiscal year for
which the projects receive assistance under this title.
(2) WAIVER.--The Council may waive the 25 percent matching requirement
under paragraph (1) upon making a determination 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 available under this title
to a governmental entity shall not be used to supplant State or local
funds, or in the case of Indian tribal governments, funds supplied by
the Bureau of Indian Affairs but shall be used to increase the amount
of funds that would, in the absence of Federal funds received under
this title, be made available from State or local sources, or in the
case of Indian tribal governments, from funds supplied by the Bureau of
Indian Affairs.
(5) EVALUATION.--The Council shall conduct a thorough evaluation of the
programs assisted under this title.
SEC. 30103. DEFINITION.
In this subtitle, "Indian tribe" means a tribe, band, pueblo, nation,
or other organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as
eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.
SEC. 30104. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this sub

(1) $3,000,000 for fiscal year 1995;
(2) $15,000,000 for fiscal year 1996;
(3) $20,000,000 for fiscal year 1997;
(4) $20,000,000 for fiscal year 1998;
(5) $21,000,000 for fiscal year 1999; and
(6) $21,000,000 for fiscal year 2000.







                                  47

Subtitle B--Youth Employment and SKills
Crime Prevention

SEC. 30201. YOUTH EMPLOYMENT AND SKILLS CRIME PREVENTION GRANTS.
(a) IN GENERAL.--Part H of title IV of the Job Training Partnership Act
(29 U.S.C. 1782 et seq.) is amended--
(V by striking section 495;
(2) by redesignating sections 496, 497, 498, and 498A as sections 495,
496, 497, and 497A, respectively;
(3) by striking "this part" each place it appears and inserting "the
provisions of this part other than section 498"; and
(4) by adding at the end the following new section:

"Sec. 498. YOUTH EMPLOYMENT AND S~ILLS CRIME PREVENTION GRANTS.
"(a) STATEMENT OF PURPOSE.--The purpose of this section is to test the
proposition that crime can be reduced in neighborhoods with high
incidences of crime and poverty through a saturation jobs program,
offered either separately or in conjunction with the services provided
for under other sections of the Youth Fair Chance Program, that
provides employment opportunities leading to permanent unsubsidized
employment for disadvantaged young adults in those neighborhoods.
"(b) PROGRAM AUTHORIZATION.--The Secretary, in conjunction with the
Attorney General, Secretary of Health and Human Services, and Secretary
of Housing and Urban Development and in consultation with other
appropriate Federal officials, including the Ounce of Prevention
Council and the Community Empowerment Board, may make Youth Employment
and Skills Crime Prevention grants authorized under this section to
eligible entities for the purpose of providing a job saturation program
for youth in target areas, as determined under subsection (c), to
reduce crime.
"(c) PROGRAM TARGET AREA--The target area of each grant shall be a
neighborhood that--
"(1) is an area with severe crime problems, including a high incidence
of violent crime or drug trafficking, or a history of street gang
activity;
"(2) is a high poverty area (as defined in section 497A(2)) or set of
contiguous high poverty areas;
"(3) is an area with a population consistent with the requirements of
section 494(b)(1)(B), except that in appropriate circumstances, the
Secretary, in conjunction with the Attorney General and the Secretary
of Housing and Urban Development, may waive this limitation, and
"(4) is located in an area that meets the requirements of a
participating community under section 497A(1).
(d) PARTICIPANTS.--
"(1) ELIGIBLE POPULATION.--Young adults residing or attending school in
a target area shall be eligible to participate in programs under this
section if such individuals are 16 through 25 years of age. In certain
circumstances, as determined by the Secretary in conjunction with the
Attorney Gen-
                                  48

eral and Secretary of Housing and Urban Development, youths aged 14 or
15 may also be eligible to participate.
(2) RESPONSIBLE BEHAVIOR BY PARTICIPANTS.--Continued participation in a
program under this section shall be conditioned, during participation
in the program, on--
"(A) avoiding crime, including illegal drug use;
"(B) regular attendance and satisfactory performance at work;
"(C) paying child support when paternity has been established and the
participant has an income;
"(D) in-school participants, who are under the age of 18, remaining in
school until graduation; and
"(E) encouraging eligible participants who have dropped out of high
school and who have not obtained a General Equivalency Diploma (GED) to
return to school or an alternative education program.
"(e) APPLICATION FOR GRANTS.--
"(1) IN GENERAL.--To be eligible to receive a grant under this section,
a chief elected official (as described in section 493(c)), on behalf of
a target area meeting the criteria set forth in subsection (c), shall
apply to the Secretary of Labor for a Youth Employment and Skills Crime
Prevention grant by submitting an application that contains a plan for
reducing crime by substantially increasing employment levels of young
adults in the area.
"(2) CONTENTS.--A plan under paragraph (1) shall--
"(A) describe the private sector, nonprofit, and public sector
components of the target area's job saturation strategy to reduce crime
by substantially increasing the employment levels of young adults in
that area, and describe, to the extent practicable, the nature of the
employment opportunities that will be generated for young adults
residing or attending school in the target areas;
"(B) describe the outcomes that will be used to evaluate the local
success of the program, including reducing crime and substance abuse
and increasing employment for young adults in the target area;
"(C) specify the organization that shall administer the program;
"(D) describe the public/private partnership that will promote
collaboration between the State and local governments; local job
training, education, and employment; public housing agencies and
authorities; local residents, community-based organizations, and
nonprofit organizations; and local community policing, gang prevention
activities, substance abuse treatment and prevention programs, and
juvenile justice or delinquency prevention initiatives;
"(E) describe how the public and private sectors will work together to
assist young adults to make the transition from subsidized to
unsubsidized jobs;
"(F) describe the extent of the local commitment of resources to the
program, including the commitment of substantial resources by the last
year of the program; and






                                  49

"(G) provide such other information as the Secretary,
in conjunction with the Attorney General and the Secretary
of Housing and Urban Development, may require.
"(f) AWARD PRIORITIES.--In evaluating the applications submitted for
Youth Employment and Skills Crime Prevention grants, the secretary and
the Attorney General and Secretary of Housing and Urban Development
shall give priority to applications that--
"(1) demonstrate extensive community support, linkages among the local
education authority, the service delivery area and local and Federal
law enforcement agencies, and linkages to crime prevention and
substance abuse programs;
"(2) target areas that include public and assisted housing projects and
their residents;
"(3) demonstrate that the target area has developed a comprehensive
strategy to integrate programs funded under this section with other
federally funded youth employment and training programs, as well as
education programs, operating in the same area;
"(4) demonstrate that the target area has developed a comprehensive
strategy to integrate activities funded under this section with
community policing and gang violence prevention programs operating in
the same area;
"(5) demonstrate a sufficient commitment on the Dart of employers to
provide jobs for youth as specified in subsection (g) to qualify that
area as a site that will test the proposition that a saturation jobs
program, provided either separately or in conjunction with the
education and training services provided for under other sections of
the Youth Fair Chance Program, would have a significant effect on
decreasing crime in the target area; and
"(6) target areas with the highest crime, unemployment, and poverty
rates.
(g) JOB SATURATION AGREEMENTS.--A grant recipient receiving funds under
the Youth Employment and Skills Crime Prevention Program shall enter
into a job saturation agreement with the Secretary, which agreement
shall--
"(1) require the grant recipient to saturate the targeted areas with
employment opportunities with for-profit, nonprofit, and public
employers that are likely to lead to permanent, unsubsidized employment
for youths who agree to condition their participation on the criteria
established in subsection (d)(2);
"(2) specify the conditions under which funds provided under this
section will be used to provide wage subsidies to employers, which
conditions shall--
"(A) encourage private sector employers to employ participants, with an
emphasis on opportunities that provide
advanced or specialized training;
"(B) require private employers, under conditions specified by the
Secretary, during the course of a participant's
subsidized employment, to gradually increase such employer's share of
the funding of that participant's wages;
"(C) encourage, if practicable, the provision of a structured and
integrated work and learning experience, which


                                  50

may include components of the School-to-Work Opportunities Act of 1994
"(D) encourage assistance to nonprofit employers and public agencies to
employ participants in projects designed to address community needs,
such as projects to enhance neighborhood infrastructure, to modernize
public housing, and to provide other community services
"(E) limit the duration of all subsidized employment provided pursuant
to this section for a participant to not more than 2,080 hours;
"(F) require that the subsidized employment provided to any such youth
who is still enrolled in high school shall not exceed 20 hours per week
during the school year; and
"(G) contain such other terms and conditions as the Secretary in
conjunction with the Attorney General and the Secretary of Housing and
Urban Development require; and "(3) provide that the grant recipient
will make additional services available, including counseling, job
development and placement, follow up, and supportive services, to
facilitate the transition of participating youth and young adults to
permanent unsubsidized employment.
(h) GRANT RECIPIENT, DURATION AND NUMBER.--
'(1) GRANT RECIPIENT.--Grants under this section may be awarded only to
the service delivery area in which the target area is located.
"(2) DURATION OF GRANTS.--Grants under this section shall be awarded
for 1 year, and be renewable for each of the 4 succeeding years based
on conditions established by the Secretary in conjunction with the
Attorney General and the Secretary of Housing and Urban Development.
'(3) NUMBER OF GRANTS.--There shall be no more than 20 grants awarded
under this section. At least 2 of, and not less than 20 percent of the
number of, the grants awarded under the Youth Employment and Skills
Crime Prevention Program shall be in target areas that are also
receiving funding under other provisions of this part.
"(i) FEDERAL RESPONSIBILITIES.--
"(1) PERFORMANCE MEASURES.--The Secretary, in conjunction with the
Attorney General and the Secretary of Housing and Urban Development,
shall establish a system of performance measures for assessing programs
established pursuant to this section.
"(2) EVALUATION.--
"(A) IN GENERAL.--The Secretary, in conjunction with the Attorney
General and the Secretary of Housing and Urban Development, shall
conduct a rigorous national evaluation of Youth Employment and Skills
Crime Prevention grants funded under this section that will track and
assess the effectiveness of those programs and include an evaluation of
the extent to which such grants reduced crime and substance abuse and
increased employment and earnings.
"(B) OUTCOME COMPARISON.--The evaluation under subparagraph (A) shall
compare outcomes for participating~








                                  51

youth in areas receiving grants under the Youth Employment and Skills
Crime Prevention program with--
a(i) outcomes for participating youth in areas receiving grants under
both the Youth Employment
Skills Crime Prevention Program and the Youth Fair
Chance program; and
a(ii) outcomes for participating youth in areas receiving grants under
the Youth Fair Chance Program
only,in order to determine which programs and which activities under
those programs were most effective in reducing crime and substance
abuse and increasing employment and earnings.
"(C) COST-BENEFIT ANALYSES; STATISTICAL METHODS AND TECHNIQUES.--The
evaluation under subparagraph (A) may include cost-benefit analyses and
shall utilize sound statistical methods and techniques.
"(D) TRANSMITTAL.--The evaluation under subparagraph (A) and any
interim reports that may be prepared shall be transmitted to the
President and to the Congress, the evaluation to be transmitted not
later than December 31, 1999.
"(3) TECHNICAL Assistance.--The Secretary, in conjunction with the
Attorney General and the Secretary of Housing and Urban Development,
may provide appropriate technical assistance to carry out Youth
Employment and Skills Crime Prevention grants under this section.
"(4) ADMINISTRATION.--The technical assistance, administration, and
evaluations authorized by this section may be carried out directly by
the Secretary or through grants, contracts, or other cooperative
arrangements with the Attorney General, the Secretary of Housing and
Urban Development, or other entities or agencies.".
(b) TECHNICAL AMENDMENTS.--
(1) EXCEPTION FROM LIMITATION ON SUBSIDIZED EMPLOYMENT.--Section 141(k)
of the Job Training Partnership Act (29 U.S.C. 1551(a)) is amended by
inserting " or the individual employed is a participant in a program
under part H of title IV" before the period.
(2) CLARIFICATION OF AUTHORIZATION OF APPROPRIATIONS.--Section 3(c)(3)
of the Job Training Partnership Act (29 U.S.C. 1502(c)(3)) is amended
to read as follows:
"(3) There are authorized to be appropriated to carry out part H of
title IV (other than section 498) such sums as may be necessary for
each of the fiscal years 1994 through 1997.
(c) AUTHORIZATION OF APPROPRIATIONS.--
(1) IN GENERAL.--There are authorized to be appropriated to carry out
section 498 of the Job Training Partnership Act, as added by subsection
(a)--
     (A) $150,000,000 for fiscal year 1996, of which $55,000,000 is
authorized to be appropriated from the Violent Crime Reduction Trust
Fund established by this Act, and $95,000,000 is authorized from the
General Fund of the TreasurY;
                                  52

     (B) $155,000,000 for fiscal year 1996, of which $55,000,000 is
authorized to be appropriated from the Violent Crime Reduction Trust
Fund established by this Act and $90,000,000 is authorized from the
General Fund of the Treasury
     (C) $190,000,000 for fiscal year 1998, of which $100,000,000 is
authorized to be appropriated from the Violent Crime Reduction Trust
Fund established by this Act and $90,000,000 is authorized from the
General Fund of the Treasury
     (D) $200,000,000 for fiscal year 1999, of which $145,000,000 is
authorized to be appropriated from the Violent Crime Reduction Trust
Fund established by this Act and $55,000,000 is authorized from the
General Fund of the Treasury; and
     (E) $205,000,000 for fiscal year 2000, of which $185,000,000 is
authorized to be appropriated from the Violent Crime Reduction Trust
Fund established by this Act and $20,000,000 is authorized from the
General Fund of the Treasury
     (2) AVAILABILITY OF FUNDS.--Funds appropriated pursuant to this
subsection shall remain available for obligation until expended.
     (3) EVALUATIONS AND Technical ASSISTANCE.--Of the amounts
appropriated under paragraph (1) for a fiscal year, the Secretary of
Labor, in conjunction with the Attorney General and the Secretary of
Housing and Urban Development, may reserve not more than 5 percent of
such amounts for the fiscal year to carry out section 498(i) of the Job
Training Partnership Act as amended by subsection (a).

Subtitle C--Model Intensive Grant
Programs

SEC. 30301. GRANT Authorization. (a) ESTABLISHMENT.--
(1) ATTORNEY GENERAL--The Attorney General may award grants to not more
than 15 chronic high intensive crime areas to develop Comprehensive
model crime prevention programs that--
(A involve and utilize a broad spectrum of community resources
including nonprofit community organizations, law enforcement
organizations, and appropriate State and Federal agencies, including
the State educational agencies;
(B attempt to relieve conditions that encourage crime; and
(C provide meaningful and lasting alternatives to involvement in crime.
(2) CONSULTATION WITH THE OUNCE OF PREVENTION COUNCIL.--The Attorney
General may consult with the Ounce of Prevention Council in awarding
grants under paragraph (V.
(b) PRIORITY. In awarding grants under subsection (a), the Attorney
General shall give priority to proposals that--










                                  53

(1) are innovative in approach to the prevention of crime in
a specific area;
(2) vary in approach to ensure that comparisons of different
models may be made; and
(3) coordinate crime prevention programs funded under
this program with other existing Federal programs to address the
overall needs of communities that benefit from grants received under
this title.

SEC. 30302. USES OF FUNDS.
(a) IN GENERAL.--Funds awarded under this subtitle may be used only for
purposes described in an approved application. The intent of grants
under this subtitle is to fund intensively comprehensive crime
prevention programs in chronic high intensive crime areas.
(b) Guidelines--The Attorney General shall issue and publish in the
Federal Register guidelines that 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 distribution 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 substance 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 comprehensive,
community-based plan to attack intensively the principal factors
identified in subsection (a). Such plans shall describe the specific
purposes for which funds are proposed to be used and how each purpose
will address specific factors. The plan also shall specify how local
nonprofit organizations, government agencies, private businesses,
citizens groups, volunteer organizations, and interested citizens will
cooperate in carrying out the purposes of the grant.
(C) EVALUATION.--An applicant shall include an evaluation plan by which
the success of the plan will be measured, including the articulation of
specific, objective indicia of performance, how the indicia will be
evaluated, and a projected timetable for carrying out the evaluation.

SEC. 30304. APPLICATIONS.
To request a grant under this subtitle the chief local elected official
of an area shall--
(1) prepare and submit to the Attorney General an applica-
tion in such form, at such time, and in accordance with such
procedures, as the Attorney General shall establish; and
(2) provide an assurance that funds received under this
subtitle shall be used to supplement, not supplant, non-Federal
                                  54

funds that would otherwise be available for programs funded under this
subtitle.

SEC. 30305. REPORTS.
Not later than December 31, 1998, the Attorney General shall prepare
and submit to the Committees on the Judiciary of the House and Senate
an evaluation of the model programs developed under this subtitle and
make recommendations regarding the implementa-
tion of a national crime prevention program.

SEC. 30306. DEFINITIONS.

In this subtitle--
"chief local elected official" means an official designated under
regulations issued by the Attorney General. The criteria used by the
Attorney General in promulgating such regulations shall ensure
administrative efficiency and accountability in the expenditure of
funds and execution of funded projects under this subtitle.
"chronic high intensity crime area" means an area meeting criteria
adopted by the Attorney General by regulation that, at a minimum,
define areas with--
(A) consistently high rates of violent crime as reported
in the Federal Bureau of Investigation's "Uniform Crime
Reports, and
(B) chronically high rates of poverty as determined by
the Bureau of the Census.
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands American Samoa, Guam, and
the Northern Mariana Islands.

SEC. 30307. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this sub

(1) $115,000,000 for fiscal year 1996
(2) $150,000,000 for fiscal year 1997;
(3) $175,000,000 for fiscal year 1998
(4) $200,000,000 for fiscal year 1999, and
(5) $255,000,000 for fiscal year 2000.

Subtitle D--Family and Community
Endeavor Schools Grant Program

SEC. 30401. COMMUNITY SCHOOLS YOUTH SERVICES AND SUPERVISION GRANT
PROGRAM.

(a) SHORT TITLE.--This section may be cited as the Community Schools
Youth Services and Supervision Grant Program Act of

(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

                                  55

B) is operated by a consortium of service providers, consisting of
representatives of 5 or more of the following categories of persons:
(i) Residents of the community.
(ii) Business and civic leaders actively involved in providing
employment and business development opportunities in the community.
(iii) Educators.
(iv) Religious organizations (which shall not provide any sectarian
instruction or sectarian worship in connection with an activity funded
under this title).
(v) Law enforcement agencies.
(vi) Public housing agencies.
(vii) Other public agencies.
(viii) Other interested parties.
"eligible community" means an area identified pursuant to subsection
(e).
"Indian tribe" means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including an Alaska Native village (as
defined in or established under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.), that is recognized as eligible for the
special programs and services provided by the United States to Indians
because of their status as Indians.
"poverty line" means the income official poverty line (as defined by
the Office of Management and Budget, and revised annually in accordance
with section 673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)) applicable to a family of the size involved.
"public school" means a public elementary school, as defined in section
1201(i) of the Higher Education Act of 1965 (20 U.S.C. 1141(i)), and a
public secondary school, as defined in section 1201(d) of that Act.
"secretary" means the Secretary of Health and Human Services, in
consultation and coordination with the Attorney General.
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, and the United States Virgin Islands.
(c) PROGRAM AUTHORITY.--
(1) IN GENERAL.--
(A) ALLOCATIONS FOR STATES AND INDIAN COUNTRY.--
For any fiscal year in which the sums appropriated to carry
out this section equal or exceed $20,000,000, from the sums
appropriated to carry out this subsection, the Secretary
shall allocate, for grants under subparagraph (B) to com-
munity-based organizations in each State, an amount bear-
ing 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
                                  56

this subtitle shall be made available for such grants in Indian
country.
(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 communities 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 country under subparagraph (B) remain unobligated, the
Secretary 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--
(U after school and on weekends and holidays,
during the school year; and







                                  57

     (II) as daily full-day programs (to the extent available
     resources permit) or as part-day programs, during the summer
     months;
(B) in providing such extracurricular and academic programs, shall
provide programs such as curriculum based supervised educational, work
force preparation, entrepreneurship, cultural, health programs, social
activities, 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 services 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 worship 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 criteria, 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 or-
     ganization 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;
                                  58

     (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
               subsection (d)(1)(B) such a focal point;
               and
          (ii) may include reducing the percentage of
          children in the eligible community that enter the
          juvenile Justice system, increasing the graduation
          rates, school attendance, and academic success of
          children in the eligible community, and improving
          the skills of program 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 of 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 section to provide children in
the eligible community with activities and services that shall include
supervised sports programs and extracurricular and academic programs,
in accordance with subparagraphs (A) and (B) of subsection (d)(2);
     (G) contain a list of the activities and services that will be
offered through the program for which the grant is sought and sponsored
by private nonprofit organizations, individuals, and groups serving the
eligible community, including--
(i) extracurricular and academic programs, such
as programs described in subsection (d)(2)(B); and
(ii) activities that address specific needs in the
community
     (H) demonstrate the manner in which the community based
organization will make use of the resources, expertise, 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 purchasing, contracting, or
otherwise providing for goods, activities, or services to carry out
programs under this section;
     (L) contain an assurance that the program will maintain a
staff-to-participant ratio (including volunteers) that

                                  59

is appropriate to the activity or services provided by the program;
     (M) contain an assurance that the program will maintain 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 subsection (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 an annual report regarding
any program conducted under this
     (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 nonFederal 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 community-based
organizations who submit applications that demonstrate the greatest
effort in generating local support for the programs.
(g) ELIGIBILITY OF PARTICIPANTS.--
     (I) IN GENERAL.--TO the extent possible, each child who resides in
an eligible community shall be eligible to participate in a program
carried out in such community that receives assistance under this
section.
     (2) ELIGIBILITY.--TO be eligible to participate in a program that
receives assistance under this section, a child shall provide the
express written approval of a parent or guardian, and shall submit an
official application and agree to the terms and conditions of
participation in the program.
     (3) NONDISCRIMINATION. (A) In selecting children to participate 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.
     (B) In selecting children to participate in a program that
receives assistance under this section, a community-based organization
may find a child ineligible to participate in such a program if the
organization determines that the child has behavior problems that pose
an unacceptable risk of injury or illness to other participants or has
a physical or mental disability so serious that the child would be
unable to participate in the program.
     (h) PEER REVIEW PANEL.--
          (1) ESTABLISHMENT.--The Secretary may establish a peer review
panel that shall be comprised of individuals with demonstrated
experience in designing and implementing community-based programs.
                                  60

(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 Secreta
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 availability of
appropriations, pay to each community-based organization having an
application approved under subsection (f) the Federal share of the
costs of developing and carrying out programs described in subsection
(c)
(2) FEDERAL SHARE.--The Federal share of such costs shall be no more
than--
(A) 75 percent for each of fiscal years 1995 and 1996;
(B) 70 percent for fiscal year 1997; and
(C) 60 percent for fiscal year 1998 and thereafter.
(3) NON-FEDERAL SHARE.--
(A) IN GENERAL.--The non-Federal share of such costs
may be in cash or in kind, fairly evaluated, including plant,
equipment, and services (including the services described in subsection
(p(2)(P)), and funds appropriated by the Congress for the activity of
any agency of an Indian tribal government or the Bureau of Indian
Affairs on any Indian lands may be used to provide the non-Federal
share of the costs of programs or projects funded under this subtitle.
(B) Special RuLE.--At least 15 percent of the non-Federal share of such
costs shall be provided from private or nonprofit sources. (k)
EVALUATION.--The Secretary shall conduct a thorough evaluation of the
programs assisted under this section, which shall include an assessment
of--
(1) the number of children participating in each program assisted under
this section;
(2) the academic achievement of such children;
(3) school attendance and graduation rates of such children; and
(4) the number of such children being processed by the juvenile Justice
system.





                                  61

SEC. 30402. FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT

(a) SHORT TITLE.--This section may be cited as the "Family nd 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 coordinates 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--
(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 rough 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;
F        (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
      provide 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


    4) APPLICATIONS.--
                                  62

(I) APPLICATION REQUIRED.--To be eligible to receive a grant under this
section, a local entity shall submit an application to the Secretary at
such time, in such manner, and accompanied by such information, as the
Secretary may reasonable
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

(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
recused under this subsection to implement 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 pro

(E! provide an assurance that the local entity will comply with any
evaluation requested under subsection (k), an
research effort authorized under Federal law, and any investigation by
the Secretary
(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 supplant, other Federal funds that
would otherwise be available 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 greatest effort in generating
local support for the programs. (h) PEER REVIEW PANEL.-- (1)
ESTABLISHMENT.--The Secretary shall establish a peer review panel not
to exceed 8 members that shall be comprised of individuals with
demonstrated experience in designing and implementing programs to
improve the academic and social development of at-risk children.
(2) FUNCTIONS.--Such panel shall make recommendations to the Secretary
regarding--
(A) an illustrative model that effectively achieves the program
requirements indicated in subsection (d) and a process whereby local
entities can request such model; and
(B) a design for the evaluation of programs assisted under this
section.

                                  63

(i) INVESTIGATIONS AND INSPECTIONS.--The Secretary may conduct 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 availability 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.
n) DEFINITIONS.--For purposes of this section--
(1) the term "Secretary" means to the Secretary of the Department 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 1966
(3) the term "eligible community" means an area which
meets criteria with respect to significant poverty and significant
violent crime, and such additional criteria, as the Secretary
may by regulation require; and
(4) the term "public school" means an elementary school (as
defined in section 1471(8) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 2891(8))) and a secondary school (as defined in
section 1471(21) of that Act). SEC. 30403. AUTHORIZATION OF
APPROPRIATIONS.
(a) IN GENERAL.--There are authorized to be appropriated to carry out
this subtitle--
(1) $37,000,000 for fiscal year 1995;
(2) $115,000,000 for fiscal year 1996;
(3) $135,000,000 for fiscal year 1997;
(4) $170,000,000 for fiscal year 1998;
(5) $215,000,000 for fiscal year 1999; and
(6) $228,000,000 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.

                                  64

Subtitle E--Police Partnerships for
Children

SEC.30501. 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.
"partnership" means a cooperative arrangement or association involving
one or more law enforcement agencies, and one or more public or private
agencies that provide child or family services; and
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands.
SEC 30502. GRANT AUTHORITY.
(a) PARTNERSHIP GRANTS.--
(1) IN GENERAL.--The Attorney General, in consultation with the
Secretary of Health and Human Services, may make grants to partnerships
for--
(A) teams or units involving both specially trained law enforcement
Professionals and child or family services professionals of the
partnership 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;
(B) training for law enforcement officers regarding behavior,
psychology, family systems, and community culture and attitudes that is
relevant to dealing with children who are involved in violent incidents
or at risk of involvement in such incidents, or with families of such
children;
(C) programs for children and families that are designed jointly by the
law enforcement and child or family services components of the
partnership, including programs providing 24-hour response to crisis
situations affecting children, in-school programs (including D.A.R.E
America), after-school activity and neighborhood recreation programs,
parent support groups that are led jointly by child or family services
and law enforcement personnel, mentoring programs, and programs that
provide training in nonviolent conflict resolution; and
(D) regularly scheduled case conferences by the team of child or family
services professionals and law enforcement officers described in
subparagraph (A).
(2) CONSULTATION WITH OUNCE OF PREVENTION COUNcIL.-- The Attorney
General may consult with the Ounce of Prevention Council in awarding
grants under paragraph (1).
(b) GRANTS FOR POLICE RESIDENCE IN HIGH CRIME AREAS.-- The Secretary of
Housing and Urban Development, in consultation with the Attorney
General, may make grants to States, Indian tribal




                                  65

governments, units of local government, public housing authorities,
owners of federally assisted housing, and owners of housing in high
crime areas in order to provide dwelling units to law enforcement
officers without charge or at a substantially reduced rent for the
purpose of providing greater security for residents of high crime
areas.
SEC.30503. ADMINISTRATION.
(a) USE OF COMPONENTS.--The Attorney General may utilize any component
or components of the Department of Justice in carrying out this
subtitle.
(b) REGULATORY AUTHORITY.--The Attorney General, for the purposes of
section 30502(a), and the Secretary of Housing and Urban Development,
for purposes of section 30502(b), may issue regulations and guidelines
to carry out this subtitle, including specifications concerning
application requirements, selection criteria, duration and renewal of
grants, evaluation requirements, matching funds, limitation of
administrative expenses, submission of reports by grantees,
recordkeeping by grantees, and access to books, records, and documents
maintained by grantees or other persons for purposes of audit or
examination.
(c) APPLICATIONS.--In addition to any other requirements that may be
specified by the Attorney General--
(1) an application for a grant under section 30502(a)
shall--
(A) certify that the applicant is a partnership as defined in section
30501, or a law enforcement agency or public or primate child or family
services agency that is participating in a partnership and seeking
support on behalf of the partnership;
(B) ensure that the head of the law enforcement agency and the head of
the child and family services organization agree to the establishment
of the partnership and that the law enforcement agency and the child
and family services organization in the partnership will cooperate in
carrying out the program;
(C) include a long-term strategy and detailed implementation plan;
(D) certify that the Federal support provided under this subtitle will
be used to supplement, and not supplant, State and local sources of
funding that would otherwise be available, and in the case of Indian
tribal governments, funds supplied by the Bureau of Indian Affairs;
(E) identify any related governmental or community initiatives which
complement or will be coordinated with the proposal; and
(F) specify plans for obtaining necessary support and continuing the
proposed program following the conclusion of Federal support; and
(2) in addition to any other requirements that may be specified by the
Secretary of Housing and Urban Development, an
application for a grant under section 30502(b) shall--
(A) certify that there has been appropriate consultation with the
employing agency of any law enforcement officer who is to be provided
with a dwelling unit;
                                  66

(B) identify any related governmental or community initiatives which
complement or will be coordinated with the proposal;
(C) certify that the Federal support provided will be used to
supplement, and not supplant, State, Indian tribal government, and
local sources of funding that would otherwise be available; and
(D) provide assurances that local police officers will not be required
to reside in residences funded under this sub-title.
(d) MATCHING FUNDS.--The portion of the costs of a program provided by
a grant under this subtitle may not exceed 75 percent unless the
Attorney General, for purposes of section 30502(a), or the Secretary of
Housing and Urban Development, for purposes of section 30502(b),
waives, wholly or in part, the requirement under this subsection of a
non-Federal contribution to the costs of a program. Funds appropriated
by the Congress for the activity of any agency of an Indian tribal
government or of the Bureau of Indian Affairs on any Indian lands may
be used to provide the non-Federal share of the programs funded under
this subtitle.
(e) IN-KIND CONTRIBUTIONS.--The Attorney General shall accept the value
of in-kind contributions made by the grant recipient as a part or all
of the non-Federal share of grants.
(f) FUNDING PRIORITY.--In making grants under section 30502(a), the
Attorney General shall give priority to applications by partnerships
involving law enforcement agencies that engage in community-oriented
policing for programs assisting distressed communities or populations
with a high incidence of violence affecting children.

SEC.30504. TECHNICAL ASSISTANCE, TRAINING, AND EvALUATION.
(a) TECHNICAL ASSISTANCE AND TRAINING.--The Attorney General may
provide technical assistance and training to further the purposes of
this subtitle.
(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 subtitle.
(c) ADMINISTRATION.--The technical assistance, training, and
evaluations authorized by this section may be carried out directly by
the Attorney General, or through grants, contracts, or other
cooperative arrangements with other entities.

SEC.30505. Authorization OF APPROPRIATIONS.
(a) IN GENERAL.--There are authorized to be appropriated to carry out
this subtitle-

(1) $4,000,000 for fiscal year 1996;(2) $5,000,000 for fiscal year
1997; (3) $6,000,000 for fiscal year 1998 (4) $7,000,000 for fiscal
year 1999- and (5) $8,000,000 for fiscal year 2000.
(b) LIMITATION.--Not more than 35 percent of the funds made available
in a fiscal year for this subtitle may be expended for grants under
section 30502(b).



                                  67

Subtitle F--Midnight Sports

Sec. 30601. GRANTS FOR MIDNIGHT SPORTS LEAGUE ANTICRlME PROGRAMS

(a) AUTHORITY.-
(1) IN GENERAL.--The Secretary of Housing and Urban Development, in
consultation with the Attorney General of the United States, the
Secretary of Labor, and the Secretary of Education, shall make grants,
to the extent that amounts are approved in appropriations under
subsection (k), to eligible entities to assist such entities in
carrying out midnight sports league programs meeting the requirements
of subsection (d).
(2) CONSULTATION WITH OUNCE OF PREVENTION COUNCIL.-The Attorney General
may consult with the Ounce of Prevention Council in awarding grants
under paragraph (1).
(b) ELIGIBLE ENTITIES.--
(1) IN GENERAL.--Grants under subsection (a) may be made only to the
following eligible entities:
(A) Entities eligible under section 520(b) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C.
11903a(b)) for a grant under section 520(a) of that Act.
(B) Nonprofit organizations providing crime prevention, employment
counseling, job training, or other educational services.
(C) Nonprofit organizations providing federally assisted low-income
housing.
(2) PROHIBITION ON SECOND GRANTS.--A grant under subsection (a) may not
be made to an eligible entity if the entity previously received a grant
under such subsection.
(c) USE OF GRANT AMOUNTS.--Any eligible entity that receives a grant
under subsection (a) may use the grant only-
(1) to establish or carry out a midnight sports league program under
subsection (d);
(2) for salaries for administrators and staff of the program;
(3) for other administrative costs of the program, except that not more
than 5 percent of the grant may be used for such administrative costs,
and
(4) for costs of training and assistance provided under subsection (d).
(d) PROGRAM REQUIREMENTS.--Each eligible entity receiving a grant under
subsection (a) shall establish a midnight sports league program as
follows:
(1) The program shall establish a sports league of not less than 80
players.
(2) Not less than 50 percent of the players in the sports league shall
be residents of federally assisted low-income housing.
(3) The program shall be designed to serve primarily youths and young
adults from a neighborhood or community whose population has not less
than 2 of the following characteristics (in comparison with national
averages):
(A) A substantial problem regarding use or sale of illegal drugs.
                                  68

(B) A high incidence of crimes committed by youths or young adults.
(C) A high incidence of persons infected with the Human
immunodeficiency virus or sexually transmitted diseases.
(D) A high incidence of pregnancy, or a high birth rate, among
adolescents.
(E) A high unemployment rate for youths and young adults.
(F) A high rate of high school dropouts
4) The program shall require each player in the league to attend
employment counseling, job training, and other educational classes
provided under the program, which shall be held in conjunction with
league sports games at or near the site of the games.

(5) The program shall serve only youths and young adults who
demonstrate a need for such counseling, training, and education
provided by the program, in accordance with criteria for of
demonstrating need, which shall be established by the Secretary of
Housing and Urban Development, in consultation with the Education
Secretary, the Attorney General, the Secretary of Labor, and the
Secretary of Education.
(6) The program shall obtain sponsors for each team in the sports
league. Sponsors shall be private individuals or businesses in the
neighborhood or community served by the program who make financial
contributions to the program and participate in or supplement the
employment, job training, and educational services provided to the
players under the program additional training or educational
opportunities.
(7) The program shall comply with any criteria established by the
Secretary of Housing and Urban Development in conjunction with the
Attorney General, the Secretary of Labor, and the Secretary of
Education.
(e.) GRANT AMOUNT LIMITATIONS.--
    (1) PRIVATE CONTRIBUTIONS.--The Secretary of Housing and Urban
Development, in consultation with the Attorney General, the Secretary
of Labor, and the Secretary of Education may not make a grant under
subsection (a) to an eligible entity that applies for a grant under
subsection (f) unless the application entity certifies to the Secretary
of Housing and Urban Development, or the Attorney General, that the
entity will supplement the grant amounts with amounts of funds from
non-Federal sources, as follows:
    (A) In each of the first 2 years that amounts from the grant
    are disbursed (under paragraph (5)), an amount sufficient to
    provide not less than 35 percent of the cost of carrying out
    the midnight sports league program
    (B) In each of the last 3 years that amounts from the grant are
    disbursed, an amount sufficient to provide not less than 50
    percent of the cost of carrying out the midnight sports league
    program.
    (2) NON-FEDERAL FUNDS.--For purposes of this subsection, program
"funds from non-Federal sources" includes amounts in nonprofit
organizations, public housing agencies, States,


                                  69

units of local government, and Indian housing authorities, private
contributions, any salary paid to staff (other than from grant amounts
under subsection (a)) to carry out the program of the eligible entity,
in-kind contributions to carry out the program (as determined by the
Secretary of Housing and Urban Development, in consultation with the
Attorney General, the Secretary of Labor, and the Secretary of
Education), the value of any donated material, equipment, or building,
the value of any lease on a building, the value of any utilities
provided, and the value of any time and services contributed by
volunteers to carry out the program of the eligible entity. Funds
appropriated by the Congress for the activity of any agency of an
Indian tribal government or of the Bureau of Indian Affairs on any
Indian lands may be used to provide the non-Federal share of the costs
of programs funded under this subtitle.
(3) PROHIBITION ON SUBSTITUTION OF FUNDS.--Grants made under subsection
(a), and amounts provided by States and units of local government to
supplement the grants, may not be used to replace other public funds
previously used, or designated for use, under this section.
(4) MAXIMUM AND MINIMUM GRANT AMOUNTS.--The Secretary of Housing and
Urban Development, in consultation with the Attorney General, the
Secretary of Labor, and the Secretary of Education, may not make a
grant under subsection (a) to any single eligible entity in an amount
less than $50,000 or exceeding $250,000.
(5) DISBURSEMENT.--Each grant made under subsection (a)(1) shall be
disbursed to the eligible entity receiving the grant over the 5-year
period beginning on the date that the entity is selected to receive the
grant, as follows:
(A) In each of the first 2 years of such 5-year period,
23 percent of the total grant amount shall be disbursed to
the entity.
(B) In each of the last 3 years of such 5-year period, 18
percent of the total grant amount shall be disbursed to the
entity.
(f) APPLICATIONS.--To be eligible to receive a grant under subsection
(a), an eligible entity shall submit to the Secretary of Housing and
Urban Development an application in the form and manner required by the
Secretary of Housing and Urban Development, in consultation with the
Attorney General, the Secretary of Labor, and the Secretary of
Education, which shall include--
(1) a description of the midnight sports league program to be carried
out by the entity, including a description of the employment
counseling, job training, and other educational services to be provided
(2) letters of agreement from service providers to provide training and
counseling services required under subsection (d) and a description of
such service providers;
(3) letters of agreement providing for facilities for sports games and
counseling, training, and educational services required under
subsection (d) and a description of the facilities;
(4) a list of persons and businesses from the community served by the
program who have expressed interest in sponsor-



                                  70

ing, or have made commitments to sponsor, a team in the midnight sports
league; and
(5) evidence that the neighborhood or community served by the program
meets the requirements of subsection (d)(3)
(g) SELECTION.--The Secretary of Housing and Urban Development, in
consultation with the Attorney General, the Secretary of Labor, and the
Secretary of Education, shall select eligible entities that submit
applications under subsection (f) to receive grants under subsection
(a). The Secretary of Housing and Urban Development in consultation
with the Attorney General, the Secretary of Labor and the secretary of
Education, shall establish criteria for selection of applicants to
receive such grants. The criteria shall include a preference for
selection of eligible entities carrying out mid night sports league
programs in suburban and rural areas.
(h) REPORTS.--The Secretary of Housing and Urban Development, in
consultation with the Attorney General, the Secretary of Labor, and the
Secretary of Education, shall require each eligible entity receiving a
grant under subsection (a) to submit for each year in which grant
amounts are received by the entity, a report describing the activities
carried out with such amounts
(i) DEFINITIONS.--In this section--
"eligible entity" means an entity described under subsection

"federally assisted low-income housing" has the meaning given the term
in section 5126 of the Public and Assisted Housing Drug Elimination Act
of 1990.
"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
(j) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated for grants under subsection (a)--
(A) $5,000,000 for fiscal year 1996 (B) $8,000,0~0 for fiscal year
1997; (C) $8,000,000 for fiscal year 1998; (D) $9,000,000 for fiscal
year 1999; and (E) $10,000,000 for fiscal year 2000.

Subtitle Assistance for Delinquent and
At-Risk Youth

SEC. 30701. GRANT AUTHORITY.

(a) GRANTS.--
(1) IN GENERAL.--In order to prevent the commission of crimes or
delinquent acts by juveniles, the Attorney General may make grants to
public or private nonprofit organizations to support the development
and operation of projects to provide residential services to youth,
aged 11 to 19, who--
(A) have dropped out of school;
(B) have come into contact with the juvenile justice system; or
(C) are at risk of dropping out of school or coming into
contact with the juvenile justice system.



                                  71

(2) CONSULTATION WITH THE OUNCE OF PREVENTION COUNcIL.--The Attorney
General may consult with the Ounce of Prevention Council in making
grants under paragraph (1).
(3) SERVICES.--Such services shall include activities de-

(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 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 ap-
plicant, including the activities to be offered;
(B) a detailed discussion of how such program will pre-
uent 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 submit 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 pro-
                                  72

vided by the United States to Indians because of their status as
Indians.
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands.

SEC. 30702. AuTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under section 30701-
-
(1) $6,000,000 for fiscal year 1996;
(2) $7,000,000 for fiscal year 1997;
(3) $8,000,000 for fiscal year 1998
(4) $9,000,000 for fiscal year 1999; and
(5) $10,000,000 for fiscal year 2000.

Subtitle H--Police Recruitment

SEC. 30801. GRANT AUTHORITY. (a) GRANTS.--
(1) IN GENERAL.--The Attorney General may make grants to qualified
community organizations to assist in meeting the costs of qualified
programs which are designed to recruit and retain applicants to police
departments.
(2) CONSULTATION WITH THE OUNCE OF PREVENTION COUNCIL.--The Attorney
General may consult with the Ounce of Prevention Council in making
grants under paragraph (1).
(b) QUALIFIED COMMUNITY ORGANIZATIONS.--An organization is a qualified
community organization which is eligible to receive a grant under
subsection (a) if the organization--
(1) is a nonprofit organization; and
(2) has training and experience in--
(A) working with a police department and with teachers, counselors, and
similar personnel,
(B) providing services to the community in which the
organization is located,
(C) developing and managing services and techniques
to recruit individuals to become members of a police de-
partment and to assist such individuals in meeting the
membership 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;

                                  73

(3) the program provides counseling to applicants to police
departments who may encounter problems throughout the appli-
cation process; and
(4) the program provides retention services to assist in retaining
individuals to stay in the application process of a police department.
(d) APPLICATIONS.--To qualify for a grant under subsection (a), a
qualified organization shall submit an application to the Attorney
General in such form as the Attorney General may prescribe. Such
application shall--
(1) include documentation from the applicant showing--
(A) the need for the grant;
(B) the intended use of grant funds;
(C) expected results from the use of grant funds; and (D) demographic
characteristics of the population to be served, including age,
disability, race, ethnicity, and languages used; and
(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 disburse funds
under a grant under subsection (a) in accordance with regulations of
the Attorney General which shall ensure--
(1) priority is given to applications for areas and organizations with
the greatest showing of need;
(2) that grant funds are equitably distributed on a geographic basis;
and
(3) the needs of underserved populations are recognized and
addressed.
(g) GRANT PERIOD.--A grant under subsection (a) shall be made for a
period not longer than 3 years.
(h) GRANTEE REPORTING. 11) For each year of a grant period for a grant
under subsection (a), the recipient of the grant shall file a
performance report with the Attorney General explaining the activities
carried out with the funds received and assessing the effectiveness of
such activities in meeting the purpose of the recipient's qualified
program.
(2) If there was more than one recipient of a grant, each recipient
shall file such report.
(3) The Attorney General shall suspend the funding of a grant, pending
compliance, if the recipient of the grant does not file the report
required by this subsection or uses the grant for a purpose not
authorized by this section.
                                  74

(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, an counseling
programs and the means and devices used to publicize such programs.
SEC. 30802. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under section 30801-
-
(1) $2,000,000 for fiscal year 1996;
(2) $4,000,000 for fiscal year 1997;
(3) $~,000,000 for fiscal year 1998;
(4) $6,000,000 for fiscal year 1999; and
(5) $7,000,000 for fiscal year 2000.

Subtitle I--National Triad Program

SEC. 30901. PURPOSES. The purposes of this subtitle are--
(1) to support a coordinated effort among law enforcement~, older
Americans organizations~ and social service agencies t o stem the tide
of violence against older Americans and support media and nonmedia
strategies aimed at increasing both public understanding of the problem
and the older Americans' skills i~ preventing crime against themselves
and their property; and
(2) to address the problem of crime against older American s in a
systematic and effective manner by promoting and expanding
collaborative crime prevention programs, such as the Triad¢~ model,
that assist law enforcement agencies and older Americans in
implementing specific strategies for crime prevention~ victim
assistance, citizen involvement, and public education.
SEC. 30902. NATIONAL ASSESSMENT AND Dissemination.
(a) IN GENERAL.--The Attorney General, in consultation With the
Assistant Secretary for Aging, shall conduct a qualitative and
quantitative national assessment of--
(1) the nature and extent of crimes committed against older Americans
and the effect of such crimes on the victims;
(2) the numbers, extent, and impact of violent crimes and nonviolent
crimes (such as frauds and "scams") against older Americans and the
extent of unrePorted crimes;
(3) the collaborative needs of law enforcement, health, and social
service organizations, focusing on prevention of crimes against older
Americans, to identify, investigate, and provide assistance to victims
of those crimes; and
(4) the development and growth of strategies to respond effectively to
the matters described in paragraphs (1), (2), and (3).


                                  75

    (b) MATTERS To BE ADDRESSED.--The national assessment made pursuant
to subsection (a) shall address--
(1) the analysis and synthesis of data from a broad range of sources in
order to develop accurate information on the nature and extent of
crimes against older Americans, including identifying and conducting
such surveys and other data collection efforts as are needed and
designing a strategy to keep such information current over time;
(2) institutional and community responses to elderly victims of crime,
focusing on the problems associated with fear of victimization, abuse
of older Americans, and hard-to-reach older Americans who are in poor
health, are living alone or without family nearby, or living in high
crime areas;
(3) special services and responses required by elderly victims;
(4) whether the experience of older Americans with some service
organizations differs markedly from that of younger populations
(~) the kinds of programs that have proven useful in reducing
victimization of older Americans through crime prevention activities
and programs
(6) the kinds of programs that contribute to successful coordination
among public sector agencies and community organizations in reducing
victimization of older Americans; and
(7) the research agenda needed to develop a comprehensive understanding
+of the problems of crimes against older Americans, including the
changes that can be anticipated in the crimes themselves and
appropriate responses as the society increasingly ages.
(c) AVOIDANCE OF DUPLICATION.--In conducting the assessment under
subsection (a), the Attorney General, in consultation with the
Assistant Secretary of Aging, shall draw upon the findings of existing
studies and avoid duplication of efforts that have previously been
made.
(d) DISSEMINATION.--Based on the results of the national assessment and
analysis of successful or promising strategies in dealing with the
problems described in subsection (b) and other problems, including
coalition efforts such as the Triad programs described in section 1066,
the Attorney General, in consultation with the Assistant Secretary of
Aging, shall disseminate the results through reports, publications,
clearinghouse services, public service announcements, and programs of
evaluation, demonstration, training, and technical assistance.

SEC 30903. PILOT PROGRAMS.
(a) AWARDS.--The Attorney General, in consultation with the Assistant
Secretary of Aging, shall make grants to coalitions of local law
enforcement agencies and older Americans to assist in the development
of programs and execute field tests of particularly promising
strategies for crime prevention services and related services based on
the concepts of the Triad model, which can then be evaluated and serve
as the basis for further demonstration and education programs.
(b) TRIAD COOPERATIVE MODEL.~1) Subject to paragraph (2), a pilot
program funded under this section shall consist of a coopera-
                                  76

tive model, which calls for the participation of the sheriff, at least
1 police chief, and a representative of at least 1 older Americans' or-
ganization within a county and may include participation by general
service coalitions of law enforcement, victim service, and senior
citizen advocate service organizations. If there exists within the ap-
plicant county an area agency on aging as defined in section 102(17) of
the Older Americans Act of 1965, the applicant county must include the
agency as an organizational component in its program.
(2) If there is not both a sheriff ~nd a police chief in a county or if
the sheriff or a police chief do n~t participate, a pilot program
funded under this section shall include in the place of the sheriff or
police chief another key law enforcement official in the county such as
a local prosecutor.
(C) APPLICATION.--A coalition that desires to establish a pilot program
under this section shall submit to the Attorney General an application
that includes--
(1) a description of the community and its senior citizen population;
(2) assurances that Federal finds received under this title shall be
used to provide additional and appropriate education and services to
the community's older Americans;
- (3) a description of the extent of involvement of each organizational
component (chief, sheriff (or other law enforcement official), and
senior organization representative) and focus of the program;
(4) a comprehensive plan including--
(A) a description of the crime problems facing older Americans and need
for expanded law enforcement and victim assistance services;
(B) a description of the types of projects to be developed or expanded
(C) a plan for an evaluation of the results of the program;
(D) a description of the resources (including matching funds, in-kind
services, and other resources) available in the community to implement
the program's development or expansion;
(E) a description of the gaps that cannot be filled with existing
resources;
(F) an explanation of how the requested grant will be used to fill
those gaps; and
(G) a description of the means and methods the applicant will use to
reduce criminal victimization of older persons; and
(5) funding requirements for implementing a comprehensive plan.
(d) DISTRIBUTION OF GRANT AWARDS.--The Attorney General, in
consultation with the Assistant Secretary for Aging, shall attempt, to
the extent practicable, to achieve an equitable geographic distribution
of grant awards for pilot programs authorized under this subtitle.










                                  77

(e) POST-GRANT PERIOD REPORT.--A grant recipient under this section
shall, not later than 6 months after the conclusion of the grant
period, submit to the Attorney General a report that--
(1) describes the composition of organizations that participated in the
pilot program;
(2) identifies problem areas encountered during the course of the pilot
program;
(3) provides data comparing the types and frequency of criminal
activity before and after the grant period and the effect of such
criminal activity on older Americans in the community; and
(4) describes the grant recipient's plans and goals for continuance of
the program after the grant period.
SEC. 30904. TRAINING AssISTANcE, EVALUATION, AND DISSEMINATION AWARDS.
In conjunction with the national assessment under section 30902--
(1) the Attorney General, in consultation with the Assistant Secretary
for Aging, shall make awards to organizations with demonstrated ability
to provide training and technical assistance in establishing crime
prevention programs based on the Triad model, for purposes of aiding in
the establishment and expansion of pilot programs under this section;
(2) the Attorney General, in consultation with the Assistant Secretary
of Aging, shall make awards to research organizations, for the purposes
of--
(A) evaluating the effectiveness of selected pilot pro
grams, and
(B) conducting the research and development identified
through the national assessment as being critical; and
(3) the Attorney General, in consultation with the Assistant Secretary
for Aging, shall make awards to public service advertising coalitions,
for the purposes of mounting a program of public service advertisements
to increase public awareness and understanding of the issues
surrounding crimes against older Americans and promoting ideas or
programs to prevent them. SEC. 30905. REPORT.
The Attorney General, in consultation with the Assistant Secretary for
Aging, and the Director of the National Institute of Justice shall
submit to Congress an annual report (which may be included with the
report submitted under section 102(b) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3712(b))) describing
the results of the pilot programs conducted under section 30903.

SEC. 30906. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) to the Attorney General for the purpose of making pilot program
awards in that amount under section 30903--
(A) $1,000,000 for fiscal year 1996;
(B) $1,000,000 for fiscal year 1997; and
(C) $1,000,000 for fiscal year 1998;
                                  78

(2) to the Attorney General for the purpose of funding the national
training and technical assistance effort under sections 30902 and
30903-- (A) $250,000 for fiscal year 1996; (B) $250,000 for fiscal year
1997; and (C) $250,000 for fiscal year 1998;
(3) to the Attorney General and to the Administration on Aging, for the
purpose of developing public service announcements under sections 30902
and 30901 (A) $250,000 for fiscal year 1996; (B) $250,000 for fiscal
year 1997; and (C) $250,000 for fiscal year 1998;
(4) to the Attorney General for the purposes of conducting the national
assessment, evaluating pilot programs, and carrying out the research
agenda under sections 30902 and 30904-- (A) $500,000 for fiscal year
1996; (B) $500,000 for fiscal year 1997; and (C) $500,000 for fiscal
year 1998;
(5) to the extent that funds are not otherwise available for the
purpose, such sums as are necessary to pay the administrative costs of
carrying out this subtitle.

Subtitle J--Local Partnership Act

SEC. 31001. ESTABLISHMENT OF PAYMENT PROGRAM. (a) ESTABLISHMENT OF
PROGRAM.--Title 31, United States Code, is amended by inserting after
chapter 65 the following new chapter:

"CHAPTER 67--FEDERAL PAYMENTS

~Sec. "6701. Payments to local governments. "6702. Local Government
Fiscal Assistance Fund. "6703. Qualification for payment. "6704. State
area allocations; allocations and payments to territorial governments.
"6705. Local government allocations. "6706. Income gap multiplier.
"6707. State variation of local government allocations. "6708.
Adjustments of local government allocations. "6709. Information used in
allocation formulas. "6710. Public participation. "6711. Prohibited
discrimination. "6712. Discrimination proceedings. "6713. Suspension
and termination of payments in discrimination proceedings. "6714.
Compliance agreements "6715. Enforcement by the Attorney General of
prohibitions on discrimination. "6716. Civil action by a person
adversely affected "6717. Judicial review. "6718. Investigations and
reviews. "6719. Reports. "6720. Definitions, application, and
administration.

"~6701. Payments to local governments

(a) PAYMENT AND USE.--
(V PAYMENT.--The Secretary shall pay to each unit of general local
government which qualifies for a payment under this







                                  79

chapter an amount equal to the sum of any amounts allocated to the
government under this chapter for each payment period. The Secretary
shall pay such amount out of the Local Government Fiscal Assistance
Fund under section 6702.
"(2) USE.--Amounts paid to a unit of general local government under
this section shall be used by that unit for carrying out one or more
programs of the unit related to--
"(A) education to prevent crime;
"(B) substance abuse treatment to prevent crime; or
"(C) job programs to prevent crime.
"(3) COORDINATION.--Programs funded under this title shall be
coordinated with other existing Federal programs to meet the overall
needs of communities that benefit from funds received under this
section.
'(b) TIMING OF PAYMENTS.--The Secretary shall pay each amount allocated
under this chapter to a unit of general local government for a payment
period by the later of 90 days after the date the amount is available
or the first day of the payment period provided that the unit of
general local government has provided the Secretary with the assurances
required by section 6703(d).
(c) ADJUSTMENTS.--
"(1) IN GENERAL.--Subject to paragraph (2), the Secretary shall adjust
a payment under this chapter to a unit of general local government to
the extent that a prior payment to the government was more or less than
the amount required to be paid.
"(2) CONSIDERATIONS.--The Secretary may increase or decrease under this
subsection a payment to a unit of local government only if the
Secretary determines the need for the increase or decrease, or the unit
requests the increase or decrease, within one year after the end of the
payment period for which the payment was made.
(d) RESERVATION FOR ADJUSTMENTS.--The Secretary may reserve a
percentage of not more than 2 percent of the amount under this section
for a payment period for all units of general local government in a
State if the Secretary considers the reserve is necessary to ensure the
availability of sufficient amounts to pay adjustments after the final
allocation of amounts among the units of general local government in
the State.
(e) REPAYMENT OF UNEXPENDED AMOUNTS.--
(1) REPAYMENT REQUIRED.--A unit of general local government shall repay
to the Secretary, by not later than 15 months after receipt from the
Secretary, any amount that is--
"(A) paid to the unit from amounts appropriated under
the authority of this section; and
"(B) not expended by the unit within one year after receipt from the
Secretary.
(2) PENALTY FOR FAILURE TO REPAY.--If the amount required to be repaid
is not repaid, the Secretary shall reduce payments in future payment
periods accordingly.
(3) DEPOSIT OF AMOUNTS REPAID.--Amounts received by the Secretary as
repayments under this subsection shall be deposited in the Local
Government Fiscal Assistance Fund for future payments to units of
general local government.
                                  80

"(f) EXPENDITURE WITH DISADVANTAGED BUSINESS ENTERPRISES.--
"(1) GENERAL RuLE.--Of amounts paid to a unit of general local
government under this chapter for a payment period, not less than 10
percent of the total combined amounts obligated by the unit for
contracts and subcontracts shall be expended with--
"(A) small business concerns controlled by socially and economically
disadvantaged 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 Americans 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.--
"(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 available to a unit
of local government for accounts serving eligible purposes under this
chapter in the fiscal year immediately preceding receipt of a grant
under this chapter shall be designated the 'base level account' for the
fiscal year in which grant is received. Grants under this chapter in a
given fiscal year shall be reduced on a dollar for dollar basis to the
extent that a unit of local government reduces its base level account
in that fiscal year.

"6702. Local Government Fiscal Assistance Fund

(a) ADMINISTRATION OF FUND.--The Department of the Treasury has a Local
Government Fiscal Assistance Fund, which consists of amounts
appropriated to the Fund.
(b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated to the Fund--
"(1) $300,000,000 for fiscal year 1996; "(2) $315,000,000 for fiscal
year 1997 "(3) $395,000,000 for fiscal year 1998; "(4) $395,000,000 for
fiscal year 1999; and "(5) $395,000,000 for fiscal year 2000.
Such sums are to remain available until expended.





                                  81

"(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 fur-
therance of the purposes of the program. Such sums are to remain
available until expended.

"6703. Qualification for payment

"(a) IN GENERAL.--The Secretary shall issue regulations establishing
procedures under which eligible units of general local government are
required to provide notice to the Secretary of the units' proposed use
of assistance under this chapter. Subject to subsection (c), the
assistance provided shall be used, in amounts determined by the unit,
for activities under, or for activities that are substantially similar
to an activity under, 1 or more of the following programs and the
notice shall identify 1 or more of the following programs for each such
use:
"(1) The Drug Abuse Resistance Education Program under section 5122 of
the Elementary and Secondary Education Act of 1965.
"(2) The National Youth Sports Program under section 682 of the
Community Services Block Grant Act (Public Law 97-35) as amended by
section 205, Public Law 103-252.
"(3) The Gang Resistance Education and Training Program under the Act
entitled 'An Act making appropriations for the Treasury Department, the
United States Postal Service, the Executive Office of the President,
and certain Independent Agencies, for the fiscal year ending September
30, 1991, and for other purposes', approved November 5, 1990 (Public
Law 101509).
"(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 Educational 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 section 203 of the Human
Services Reauthorization of 1994 (Public Law 103-232).
                                  82

"(14) The runaway and homeless youth program and the transitional
living program for homeless youth under title III, the Juvenile Justice
and Delinquency Prevention Act (Public Law 102-586).
"(15) The family support program under subtitle F of title VII of the
Steware McKinney Homeless Assistance Act (42 U.S.C 1148 et seq.).
(16) After-school activities for school aged children and the Child
Care and Development Block Grant Act (42 U.S. 9858 et seq.).
"(17) The community-based family resource program under section 401 of
the Human Services Reauthorization of 1994 (Public Law 103-232).
"(18) The family violence programs under the Child Abuse Prevention and
Treatment Act Amendments of 1984
"(19) Job training programs administered by the Department of
Agriculture, the Department of Defense, or the Department 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 addition to, use
for an activity described in subsection (a) and notice for that use
under subsection (a), an eligible unit of genera local government may
use assistance under this chapter, and shall provide notice of that use
to the Secretary under subsection (a), for any other activity that is
consistent with 1 or more of the purposes described in section
6701(a)(2).
"(2) NOTICE DEEMED TO Describe CONSISTENT USE.--Notice by a unit of
general local government that it intends to use assistance under this
chapter for an activity other than an activity described in subsection
(a) is deemed to describe an activity that is consistent with 1 or more
of the purposes described in section 6701(a)(2) unless the Secretary
provides to the unit within 30 days after receipt of that notice of
intent from the unit, written notice (including an explanation) that
the use is not consistent with those purposes.
(d) GENERAL Requirements FOR QUALIFICATION.--A unit of general local
government qualifies for a payment under this chapter for a payment
period only after establishing to the satisfaction of the secretary
that--
"(1) the government will establish a trust fund in which the government
will deposit all payments received under this chapter;




                                  83

"(2) the government~t 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 the expenditure of
revenues of the government;
"(4) if at least 26 percent of the pay of individuals employed y the
government in a public employee occupation is paid out f the trust
fund, individuals in the occupation any part of whose pay is paid out
of the trust fund will receive pay at least qual to the prevailing rate
of pay for individuals employed in similar public employee occupations
by the government;
,. "(5) All laborers and mechanics employed by contractors or
subcontractors in the performance of any contract and subcontract for
the repair, renovation, alteration, or construction, including painting
and decorating, of any building or work that s financed in whole or in
part by a grant under this title, shall e paid wages not less than
those determined by the Secretary ,f 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 nd functions set forth in reorganization plan of No. 14 of
1950 5 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 y the Secretary
after consultation with the Comptroller General 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 government 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 is chapter or the
Comptroller General of the United States reasonably requires to review
compliance and operations under section 6718(b);
"(8) the government will make reports the Secretary reasonably
requires, in addition to the annual reports required under section
6719(b), and
"(9) the government will spend the funds only for the purpose set forth
in section 6701(a)(2).
"(e) 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).
(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),
L 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
                                  84

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 opportunity 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 subsection (e) for
the payment period) an amount bearing the same ratio to the amount
appropriated (minus such amounts allocated under subsection (e)) as the
amount allocated to the State under this section bears to the total
amount allocated to all States under this section. The Secretary shall-
-
"(1) determine the amount allocated to the State under subsection (b)
or (c) of this section and allocate the larger amount to the State and
"(2) allocate the amount allocated to the State to units of general
local government in the State under sections 6705 and

(b) GENERAL FORMULA.--
'(1) IN GENERAL.--For the payment period beginning October 1, 1994, the
amount allocated to a State under this subsection for a payment period
is the amount bearing the same ratio to $5,300,000,000 as--
"(A) the population of the State, multiplied by the general tax effort
factor of the State (determined under para-
graph (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 (de-
termined under paragraph (4)) bears to
"(B) the sum of the products determined under sub
paragraph (A) of this paragraph for all States.
(2) GENERAL TAX EFFORT FACTOR.--The general tax effort factor of a
State for a payment period is--
"(A) the net amount of State and local taxes of the
State collected during the year 1991 as reported by the Bu-
reau of the Census in the publication Government Finances
1990-1991; divided by


                                  85

"(B) the total income of individuals, as determined by the Secretary of
Commerce for national accounts purposes for 1992 as reported in the
publication Surrey 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 preceding 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 calendar 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 subsection 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 fraction in which--
"(i) the numerator is the per capita income of all
States; and
"(ii) the denominator is the per capita income of
the State; bears to
"(B) the sum of the products determined under subparagraph (A) for all
States;
"(3) $600,000,000 were allocated among the States on the basis of
income tax collections by 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;
                                  86

"(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--
~(,4) the labor force of the State, multiplied by a frac-
tion 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
payment period (as determined by the SecretarY of Labor for general
statistical purposes),

bears to
"(B) the sum of the products determined under sub
paragraph (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 settled 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 Urbanized 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 payment
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 the payment period. The Secretary shall
determine the Government 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 payment period is the amount determined by multiplying--
 (A) the net amount of State and local taxes of the
State collected during the year 1991 as reported in the Bu-
reau of Census in the publication Government Finances
1990-1991; and






                                  87

"(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 Secretary 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 territories.
"(2) PAYMENTs TO LOCAL GOVERNMENTS.--The governments of the territories
shall make payments to local governments within their jurisdiction from
sums received under this subsection as they consider appropriate.
"(3) 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 re
cent population for each territory as determined by the Bureau of
Census.

"6706. 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 government 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 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 government 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
                                  88

ratio to the amount allocated to the State as the population of the
newly incorporated local government bears to the population of the
State. If there is in the State a unit of general local government that
has been annexed since the date of the collection of the data used by
the 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 allocated the Secretary shall
allocate a portion equal to 1/2 of such amount in accordance with
section 6706(1), and shall allocate a portion equal to 1/2 of such
amount in accordance with section 6706(2). A unit of general local
government shall receive an amount equal to the sum of amounts
allocated to the unit from each portion.
"(2) RATIO.--From each portion to be allocated to units of local
government in a State under paragraph (1), the Secretary 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 para-
graph (3)), multiplied by the income gap of the unit (deter-
mined under paragraph (4)), bears to
"(B) the sum of the products determined under sub
paragraph (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 and (ii) for a
unit of general local government is less than zero the general tax
effort factor of the unit is deemed to be zero
"(C)(i) Except as otherwise provided in this 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 for capital outlay), as determined by the
Bureau of the Census for the 1987 Census of Governments and adjusted as
follows:
"(V 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.

                                  89

"(II) 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 utilities 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 li-
censes, individual income tax, corporation net income tax; death and
gift tax; documentary and stock transfer tax; severance tax, and taxes
not elsewhere classified.
"(III) 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; intergovernmental revenue from Federal Government,
other; intergovernmental revenue from State government, other general
support; intergovernmental revenue from State government, other;
intergovernmental revenue from local governments, other general
support; intergovernmental revenue from local governments, other;
miscellaneous general revenue, property sale-housing and community
development; miscellaneous general revenue, property sale-other
property; miscellaneous general revenue, interest earnings on
investments; miscellaneous general revenue, fines and forfeits;
miscellaneous general revenue, rents, miscellaneous general revenues,
royalties; miscellaneous general revenue, donations from private
sources; miscellaneous general revenue, net lottery revenue (after
prizes and administrative expenses); miscellaneous general revenue,
other miscellaneous 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 education, auxiliary enterprises; higher education,
other; other education, not elsewhere classified; intergovernmental
revenue from Federal Government, education; intergovernmental revenue
from State government, education; intergovernmental revenue from local
governments, interschool system revenue; intergovernmental revenue from
local governments, education; interest earnings, higher education;
interest earnings, elementary and secondary education; miscellaneous
revenues, higher education; and miscellaneous 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 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
                                  90

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 education, 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 municipalities; education, not elsewhere
classified, to townships education, not elsewhere classified, to school
districts, education, 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--
"(V the county government transfers any part of the revenue from the
taxes to the unit of general local government without specifying the
purpose for which the unit of general local government may expend the
revenue; and
"(IV 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 government shall
not exceed the maximum allowable adjusted taxes for that unit.
"(iv) The maximum allowable adjusted taxes for a unit of general local
government is the allowable adjusted taxes of the unit minus the excess
adjusted taxes of the unit.
"(v) The allowable adjusted taxes of a unit of general government is
the greater of--
"(I) the amount equal to 2.5;, multiplied by the per capita adjusted
taxes of all units of general local government of the same type in the
State, multiplied by the population of the unit; or





                                  91

"(II) the amount equal to the population o~f the unit, multiplied by
the sum of the adjusted taxes of all units of municipal local
government in the State, divided by the sum of the populations of all
the units of municipal local government in the State.
"(vi) The excess adjusted taxes of a unit of general local government
is the amount equal to--
"(I) the adjusted taxes of the unit, minus
"(II) 1.5 multiplied by the allowable adjusted taxes of the unit;
except that if this amount is less than zero then the excess adjusted
taxes of the unit is deemed to be zero.
"(vii) For purposes of this subparagraph--
"(I) the term 'per capita adjusted taxes of all units of general local
government of the same type' means the sum of the adjusted taxes of all
units of general local government of the same type divided by the sum
of the populations of all units of general local government of the same
type; and
"(IV the term 'units of general local government of the same type'
means all townships if the unit of general local government is a
township, all municipalities if the unit of general local government is
a municipality, all counties if the unit of general local government is
a county, or all unified city/county governments if the unit of general
local 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 one 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 GOVERNMENT AL~CATIONS.--If the Secretary decides that
information available for a unit of general local government with a
population below a number (of not more than 500) prescribed by the
Secretary is inadequate, the Secretary may allocate to the unit, in
lieu of any allocation under subsection (b) for a payment period, an
amount bearing the same ratio to the total amount to be allocated under
subsection (b) for the period for all units of general local government
in the State as the population of the unit bears to the population of
all units in the State.

"6706. Income gap multiplier

"For purposes of determining the income gap of a unit of general local
government under section 6705(b)(4)(A), the number which applies is--
"(1) 1.6, with respect to l/2 of any amount allocated under section
6704 to the State in which the unit is located; and
"(2) 1.2, with respect to the remainder of such amount.
                                  92

"6707. State variation of local government allocations

"(a) STATE FORMULA.--A State government may protide 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 30th day before the beginning of the
first payment period in which the variation applies. A variation shall
"(1) provide for allocating the total amount 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 taxes shall be paid
to the Governor of the State in which the unit of local government is
located.
'(b) DE MINIMIS ALLOCATIONS TO UNITS OF GENERAL LOCAL GOVERNMENT.--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 subsection or lp waived by the
governing authority of the unit of general local government, the
Secretary shall pay the amount to the Governor of the State in which
the unit is located.
(c) USE OF PAYMENTS TO STATES.--The Governor of a State shall use all
amounts paid to the Governor under subsections (a) and (b) for programs
described in section 6701(a)(2) in areas of the State where are located
the units of general local government with respect to which amounts are
paid under subsection (b).
(d) DE 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 outlays, 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) USE OF AGGREGATED AMOUNTS.--Amounts aggregated under paragraph (1)
for a payment period shall be available for use by the Attorney General
to make grants in the payment pe-

                                  93

riod 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 OCTOBER 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-26, 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 payment 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
payment period beginning October 1, 1994, provided the Secretary
notifies the Committee on Government Operations of the House of
Representatives at least 90 days prior to the beginning of the payment
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 payments
under this chapter shall hold at least one public hearing on the
proposed use of the payment in relation to its entire budget. At the
hearing, persons shall be given an opportunity to provide written and
oral views to the governmental authority responsible for enacting the
budget and to ask questions about the entire budget and the relation of
the payment to the entire budget. The 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)(V 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 pro-
                                  94

posed use of the payment and a summary of the proposed
budget of the government; and
"(B) publish in at least one newspaper of general circulation the
proposed use of the payment with the summary
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 payment; and "(B) publish in at least
one newspaper of general circulation a notice that the information
referred to in subparagraph (A) is available for inspection.
(c) WAIVERS OF REQuIREMENTs.--A requirement--
"(1) under subsection (a)(V 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 payment received under
this chapter in relation to the entire
budget of the government, and
"(2) under subsection (b)(1)(B) and paragraph (2)(B) maybe 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 adequate notice of
the proposed use of a payment received under this chapter the 10-day
period under subsection (b)(1) may be changed to the extent 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 otherwise
qualified handicapped individual under section 504 of the
Rehabilitation Act of 1973.
"(3) A prohibition against discrimination because of religion, 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).

                                  95

"(c) LIMITATIONS ON APPLICABILITY OF PROHIBITIONS.--Subsections (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.
"(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 noncompliance from the
Secretary. Except as provided in subsection (e), the government may
present evidence on whether--
"(1) a person in the United States has been 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
payment received under this chapter.
(C) TEMPORARY SUSPENSION OF Payments.--BY the end of the 30-day period
under subsection (b), the Secretary shall decide whether the unit of
general local government 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.--
"(I) PROCEEDING.--A proceeding requested under subsection (c)(2) shall
begin by the 30th day after the Secretary receives a request for the
proceeding. The proceeding shall be before an administrative law judge
appointed under section 3105 of title 5, United States Code. By the
30th day after the begin-
                                  96

ning of the proceeding, the judge shall issue a preliminary decision
based on the record at the time on whether the unit of general local
government is likely to prevail in showing compliance with section 6711
(a) or (b).
"(2) DECISION. If the administrative law judge decides at the end of a
proceeding under paragraph (1) that the unit of general local
government has--
"(A) not complied with section 6711 (a) or (b), the judge may order
payments to the government under this chapter terminated, or
"(B) complied with section 6711 (a) or (b), a suspension under section
6713(a)(1)(A) shall be 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 payment under this
chapter was used to pay for any part of the program or activity. The
holding of discrimination is conclusive If the holding is reversed by
an appellate court, the Secretary or judge shall end the proceeding

"~6713. Suspension and termination of payments in discrimination
proceedings

(a) IMPOSITION AND CONTINUATION OF 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 preliminary decision in a
proceeding under section 6712(d)(1) that the government is not likely
to prevail in showing compliance with section 6711 (a) and (b);
"(B) if the administrative law judge decides at the end of the
proceeding that the government has not complied with section 6711 (a)
or (b), unless the 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 l~cal government of payments
suspended by the Secretary only--
"(V 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



                                  97

"(B) a compliance agreement entered into by the Secretary under section
6714(a)(2);
"(2) if the government complies completely with an order of a United
States court, a State court, or administrative law judge that covers
all matters raised in a notice of noncompliance submitted by the
Secretary under section 6712(a);
"(3) if a United States court, a State court, or an administrative law
judge decides (including a judge in a proceeding under section
6712(d)(1)), that the government has complied with sections 6711 (a)
and (b); or
"(4) if a suspension is discontinued under 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 payments
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 agreement 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 executive 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 complaint 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 appropriate
district court of the United States against a unit of general local
government that the Attorney General has reason to believe
                                  98

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
"(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 chapter or placing
additional payments under this chapter in escrow pending the outcome of
the action.

"6716. Civil action by a person adversely affected

(a) AUTHORITY FOR PRIVATE SUITS IN FEDERAL OR STATE COURT.--If a unit
of general local government, or an officer or employee of a unit of
general local government acting in an official capacity, engages in a
practice 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 repayment of, payments 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 Government) a reasonable
attorney's fee.
(d) INTERVENTION BY ATTORNEY GENERAL.--In an action under this section
to enforce compliance with section 6711 (a) or (b), the Attorney
General may intervene in the action if the Attorney General certifies
that the action is of general public importance. The United States
Government 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

                                  99

under section 6713(a)(V(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.
"(c) COURT ACTION.--The court may affirm, change, or set aside any part
of the action of the Secretary. The findings of fact by the Secretary
are conclusive if supported by substantial evidence in the record. If a
finding is not supported by substantial evidence in the record, the
court may remand the case to the Secretary to take additional evidence.
Upon such a remand, the Secretary may make new or modified findings and
shall certify additional 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
local administrative agency, or other information about a possible
violation of this chapter;
"(B) carry out audits and reviews (including investigations of
allegations) about possible violations of this chapter; and
"(C) advise a complainant of the status of an audit, Investigation, or
review of an allegation by the complainant of a violation of section
6711 (a) or (b) or other provision of this chapter.
(2) 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--

                                  100

"(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 taken to comply with sections 6711 through 6715, including
a description of the kind and extent of noncompliance and the status of
pending complaints;
"(B) the extent to which units of general local government receiving
payments under this chapter have complied with the requirements of this
chapter
"(C) the way in which payments under this chapter have been distributed
in the jurisdictions receiving payments; and
"(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.-
(I) 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 shall
state-
"(A) the amounts and purposes for which the payment 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--
"(I) '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 Commerce 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 l-year period beginning on October I
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-



                                  101

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;
"(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 subjected
the person to discrimination under, a program or activity
because of race, color, national origin, or sex; or
"(B) violated a prohibition against discrimination de-
scribed 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
and 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



                                  102

the part to the population of the entire unit of general local govern-
ment.

(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 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 Sharing 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 amendment
made by this subtitle to title 31, United States Code, for fiscal year
1995 or 1996 shall be offset by cuts elsewhere in appropriations for
that fiscal year.

SEC. 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 relating
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 Economic
Partnership Act of 1994".

CHAPTER I--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 capacity 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 community development
corporations for the establishment, maintenance or expansion of
revolving loan funds to be utilized to finance projects contended 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.--


                                  103

(I) COMPETITIVE ASSESSMENT OF APPLICATIONS.--In providing assistance
under subsection (a), the Secretary shall establish 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) prepare and submit an application to the Secretary that shall
include 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 and the impact of such assistance on
low-income, underemployed, and unemployed individuals in the target
area;
(C) demonstrate previous experience in the development of low-income
housing or community or business development projects in a low-income
community and provide 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 is at least equal to the amount
requested in the application submitted under subparagraph (B).
(3) EXCEPTION.--Notwithstanding the provisions of paragraph (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.
(a) IN GENERAL.--In evaluating applications submitted under section
31112(b)(2)(B), the Secretary shall ensure that--
(I) the residents of the target area to be served (as identified 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 possesses 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--
                                  104

(i) incomes that do not exceed the Federal poverty

!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 participated 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;

(E) individuals who have historically been
underrepresented 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 corporations 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--
(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 unemployment, 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.
SEC. 31114. Availability 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), of 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.



                                  105

(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 enterprises 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)
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.
(~) 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 development corporations shall be encouraged by the
Secretary to seek technical assistance from other community development
corporations, 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.
(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 investment 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.
(a) IN GENERAL.--The Secretary shall give priority in providing lines
of credit under this chapter to community development corporations that
propose to undertake economic development activities in distressed
communities that target women, Native Americans, at risk youth,
farmworkers, population-losing communities, very lowincome 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).
                                  106

CHAPTER 2--EMERGING COMMUNITY DEVELOPMENT
CORPORATIONS

SEC. 31121. COMMUNITY DEVELOPMENT CORPORATION IMPROVEMENT GRANTS.
(a) PURPOSE.--It is the purpose of this section to provide assistance
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.--
(I) IN GENERAL.--The Secretary shall award grants to community
development corporations to enable such corporations to attain or
enhance the business management and development skills of the
individuals that manage such corporations to enable such corporations
to seek the public and private resources necessary to develop community
economic development projects. (2) USE OF FUNDS.--A recipient of a
grant under paragraph (I) 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 community economic development projects; or
(B) to acquire such assistance from other highly successful community
development corporations.
(C) OPERATING GRANTS.--
(I) IN GENERAL.--The Secretary shall award grants to community
development corporations to enable such corporations to support an
administrative capacity for the planning, development, and management
of low-income community economic development projects.
(2) USE OF FUNDS.--A recipient of a grant under paragraph (I) 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 potential 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 CORPORATION.--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 corporation desires to receive and compete on
the basis of such applications in the selection process.





                                  107

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 subsection
(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
amounts requested in the application submitted underparagraph (2).
(c) USE OF THE REVOLVING LOAN FUND.--
(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
employment 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 community 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 expertise 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
assistance 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.
                                  108

(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. DEFINITIONS.

As used in this subtitle:
(1) COMMUNITY DEVELOPMENT CORPORATION.--The term "community development
corporation" means a private, nonprofit 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
community 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 available 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 "population-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 business enterprise"
means any business enterprise that is engaged in the manufacture of a
product, provision of a service, construction 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 investments 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.

S~C. 31132. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.--There are authorized to be appropriated to carry out
chapters 1 and 2--
(1) $50,000,000 for fiscal year 1996;
(2) $80,000,000 for fiscal year 1997;
(3) $85,000,000 for fiscal year 1998; and
(4) $85,000,000 for fiscal year 1999.
(b) EARMARKS.--Of the aggregate amount appropriated under sr4bsection
(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.

                                  109

(C) AMOUNTS.--Amounts appropriated under subsection (a) shall remain
available for expenditure without fiscal year limitation.

SEC. 31133. PROHIBITION.
None of,the funds authorized under this subtitle shall be used to
finance the construction of housing.

Subtitle L-Gang Prevention Services for Boys and Girls

SEC. 31201. PROGRAM AUTHORITY.
(a) IN GENERAL.--The Attorney General, in consultation with the
Secretary of Education and Secretary of Health and Human Services, may
make grants to eligible service providers to carry out pro~rams that
prevent young children from becoming gang involved. In making such
grants, the Attorney General shall give priority to eligible service
providers that have a proven track record of serving young children and
have an overall budget of not more than $750,000 per program per fiscal
year, prior to receiving a grant under this section.
(b) CONSULTATION WITH OUNCE OF PREVENTION COUNCIL.-- The Attorney
General may consult with the Ounce of Prevention Council in making
grants under subsection (a).

SEC. 31202. PROGRAM REQUIREMENTS.
The eligible service providers receiving a grant under section 31201
shall--
(1) provide a comprehensive array of support services to assist the
participants to reach their full potential as contributing law-abiding
citizens (which support services may include education and health
services; career development training; music, art, and drama
activities; physical fitness training; life skills training~; mental
health counseling; and job placement counseling);
(2) to the extent practicable, involve the parents and other family
members of participating children, and the members of local
organizations that support the educational and law enforcement
institutions of the community, as is appropriate, in the administration
and operation of the gang prevention program;
(3) utilize community resources and related support services as needed
in the operation of the program;
(4) accept referrals from public institutions, as is appropriate, such
as law enforcement, mental health, local school systems, and other
entities of local government; and
(5) utilize volunteer staff, including participants in programs funded
under the National and Community Service Program, Public Law 103~2, to
the maximum extent practicable in the operation of the program.

SEC. 31203. ELIGIBLE PROVIDERS.
Community-based service providers, as defined in the Juvenile
Justice and Delinquency Prevention Act of 1974, that have a proven
~track record of providing services to children ages 5 to 18 shall be
                                  110

eligible to apply for funds under this subtitle. A priority shall be
given to service providers that have a history of providing services
uniquely designed to meet the needs of young children such as the Boys
and Girls Clubs of America or service providers that display the
potential for providing such targeted services.

SEC. 31204. ELIGIBLE PARTICIPANTS.
Children that have the potential, because of community composition and
other factors, to come into contact with gangs, or who have a family
member that has come into contact with a gang, and are not more than 18
years old at the time of entry into the program, shall be eligible to
receive services provided by programs receiving assistance under this
subtitle.

SEC. 31206. APPLICATIONS PROCESS.
Eligible service providers may submit to the Attorney General, for
approval, an application in such form at such time as the Attorney
General deems appropriate.

SEC. 31206. EVALUATION.
The Attorney General shall conduct an evaluation of the effectiveness
of the program model grants authorized under this subtitle, and the
extent to which it can be replicated by other local communities. The
Attorney General shall report to the Congress no later than January 1,
1999, on the details of such evaluations.

SEC. 31207. Authorization OF Appropriations.
There are authorized to be appropriated to carry out this subtitle
(1) $3,000,000 for fiscal year 1996;
(2) $3,000,000 for fiscal year 1997;
(3) $4,000,000 for fiscal year 1998;
(4) $5,000,000 for fiscal year 1999; and
(5) $5,000,000 for fiscal year 2000.

Subtitle M-Olympic Youth Development Centers

SEC. 31301. OLYMPIC Youth DEVELOPMENT CENTERS.
(a) DEFINITIONS.--In this section--
"child" means an individual who is not younger than 8 and
not older than 18.
"Committee" means the United States Olympic Committee. "Council" means
the Ounce of Pretention Council.
"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) Grant.--The Council may make a grant to United States Olympic
Committee for the purpose of establishing Olympic Youth Development
Centers and carrying out programs through such centers.
(c) PROGRAM Requirements.--
(1) LOCATION.--The Committee, on receiving a grant under
this section to establish such a center shall ensure that the cen-
ter is established in an appropriate facility in a State, such as

                                  111

a college or university, a local or State park or recreation center,
church, or military base, that is--
(A) in a location that is easily accessible to children in
the community; and
(B) in compliance with all applicable local ordinances.
(2) CENTERS.--The Committee shall, subject to the availability of
appropriations, not later than 1 year after the date of enactment of
this Act, establish not fewer than 6 such centers, and shall, subject
to the availability of appropriations, to the extent possible,
establish not less than 1 such center in each state by fiscal year
1997. In selecting locations for such centers, the Committee shall
consider the need to maintain geographic diversity, and to maintain a
balance of urban and rural locations for such centers.
(3) USE OF FUNDS.--The Committee--
(A) may use funds made available through the grant to
provide supervised sports and recreation programs 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;
(B) may use--
(i) such funds for the minor renovation of facilities that are in
existence prior to the operation of the program and necessary for the
operation of the program for which the Committee receives the grant,
purchase of sporting and recreational equipment and supplies, rea-
sonable cost for transportation of participants in the program, hiring
of staff, provision of meals for such participants, provision of health
services consisting of an initial basic physical examination, and
provision of first aid and nutrition guidance; and
(ii) not more than 5 percent of such funds to pay for the
administrative~ costs of the program; and
(C) may not use such funds to provide sectarian wor-
ship or sectarian instruction.
(4) EXECUTIVE DIRECTOR.--The Committee shall appoint an Executive
Director to coordinate the centers and programs described in subsection
(b), and shall appoint a Director for each such center to carry out
such programs at the center.
(d) APPLICATION.--
(I) IN GENERAL--TO be eligible to receive a grant under this section,
the Committee shall submit an application to the Council at such time,
in such manner, and accompanied by such information, as the Council may
reasonably require, and obtain approval of such application.
(2) CONTENTS OF APPLICATION.--The application submitted pursuant to
paragraph (1) shall--
(A) contain an assurance that the program to be car-
ried out through the center for which the grant is sought
will maintain an average attendance rate of not less than
                                  112

75 percent of the participants enrolled in the program, or will enroll
additional participants in the program;
(B) contain an assurance that the Committee will comply with any
evaluation under subsection (i), any research effort authorized under
Federal law, and any investigation by the Administrator;
(C) contain an assurance that the Committee shall prepare and submit to
the Administrator an annual report regarding any program conducted
under this section;
(D) 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 nonFederal private or nonprofit sources;
(E) contain an assurance that the Committee will maintain separate
accounting records for the program; and
(F) contain an assurance that the program will include outreach efforts
in order to encourage participation in the program.
(e) ELIGIBILITY OF PARTICIPANTS.--
(1) IN GENERAL.--The Committee shall select children to participate in
programs that receive assistance under this section without regard to
the athletic ability of the children. In selecting children to
participate in programs that receive assistance under this section, the
Committee shall give priority to children from low-income communities
and high-crime areas with demonstrated gang activity as determined by
the Council. (2) PARENTAL APPROVAL.--To be eligible to participate in a
program that receives assistance under this section, a child shall
provide the express written approval of a parent or guardian, and shall
submit an official application and agree to the terms and conditions of
participation in the program.
(3) NONDISCRIMINATION.--In selecting children to participate in a
program that receives assistance under this section, the Committee
shall not discriminate on the basis of race, color, religion, sex,
national origin, or disability.
(4) BEHAVIOR PROBLEMS.--The Committee may find a child ineligible to
participate in such a program if the Committee determines that the
child has behavior problems that pose an unacceptable risk of injury or
illness to other participants or has a physical or mental disability so
serious that the child would be unable to participate in the program
with reasonable accommodation.
(f) INVESTIGATIONS AND INSPECTIONS.--The Council may conduct such
investigations and inspections as may be necessary to ensure compliance
with the provisions of this section.
(g) FEDERAL SHARE.--
(1) PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE.--
(A) PAYMENTs. On approval of an application under subsection (d), the
Council shall, subject to the availability of appropriations pay to the
Committee the Federal share of the costs of establishing the centers
and carrying out the programs described in subsection (b).
(B) FEDERAL SHARE.--The Federal share of such costs shall be not more
than-




                                  113

(i) 75 percent for fiscal years 1995 and 1996;(ii) 70 percent for
fiscal year 1997; and (iii) 60 percent for fiscal year 1998.
(2) 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
(d)(2)(D)).
(B) SPECIAL RULE.--The Committee may not charge
fees for the participation of children in programs carried out under
this section.
(h) REPORTS.--At the end of each fiscal year, the Council shall submit
to Congress a report on the activities conducted under this section,
including a summary of the information in the report submitted under
subsection (d)(2)(C).
(i) EVALUATION.--The Council 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 chil-
dren; and
(4) the number of such children being processed by the juve-
nile Justice system.
(j) 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;
(C) $10,000,000 for fiscal year 1998;
(D) $11,000,000 for fiscal year 1999; and
(E) $13,000,000 for fiscal year 2000.
(2) AVAILABILITY.--Amounts appropriated to carry out this
section shall remain available until expended.

Subtitle N--Anticrime Youth Councils

SEC 31401. PURPOSE.
The purpose of this subtitle is to provide for the establishment of
youth anticrime councils to give intermediate and secondary school
students a structured forum through which to work with community
organizations, law enforcement officials, government and media
representatives, and school administrators and faculty to address
issues regarding youth and violence. The purpose of such councils is to
empower local youth and ensure that their recommendations for
preventing youth involvement in crime and violence will be heard and
possibly incorporated into community anticrime strategies.
SEC. 3140a. AUTHORITY lo MAKE GRANTS.
(a) IN GENERAL.--The Attorney General may make grants to public and
nonprofit community-based organizations to establish regional anticrime
youth councils each of which is composed of inter

                                  114

mediate and secondary school students who represent all the school in a
separate congressional district.
(b) CONSULTATION.--The Attorney General may consult With the Ounce of
Prevention Council in making grants under subsection (Q) SEC. 31403.
APPLICATIONS FOR GRANTS.
To request a grant under section 31402, a public and nonprofit
community-based organization shall submit to the Attorney General an
application in such form and containing Such information as the
Attorney General may require by rule, including assurances that (I) the
anticrime youth council With respect to which such
grant is requested will be-- (A) selected by a teacher or administrator
of an intermediate or secondary school in the congressional district
involved, in consultation with teachers and administrators of other
intermediate and secondary schools in Such district (B) composed of not
more than 5 students from each of the intermediate and secondary
schools in Such district, selected as described in subparagraph (A)
from among individuals who have first-hand knowledge of issues and
problems relating to students who attend schools in such di8

(C) supervised by an individual who--
(i) is familiar with issues regarding youth violence,
(ii) has strong ties to the communities in such district and to the
organizations with which such council~ will interact, and
!iii) will be responsible for coordinating the dissemination of
information to such council, supervising council meetings, and acting
as a liaison between such council and communities in such district, and
(D) meet not less frequently than monthly--
(i) to discuss issues of concern, including youth crime, school
violence, job creation, and recreation, and
(ii) to develop creative solutions for assisting community
organizations, law enforcement officials, school officials, government
officials, and others to address such issues, and (2) the applicant
Will submit to the Attorney General a report, not later than 180 days
after the first year for Which such applicant receives a grant under
section 31402, that-- (A) specifies the number of students and schools
involved and represented on such council, (B) specifies the number of
organizationS and individuals that council and its subcommittees met
with (C) specifies the number of grants, policies, and programs
submitted to the youth council for review and recommendation, (D)
contains evidence that--
(i) the community has consulted such council and adopted its
recommendations, and
(ii) a grant review process has been established within a school system
or police department that includes an evaluation by the youth council,








                                  115

(E) describes the effect that participation on Such council has had on
the student representativeS, (Such as improved school attendance and
academic performance, and decreased criminal involvement),
(F) describes the effect that participation on such council has had on
the participating schools (such as decrease in incidence of school
violence),
(G) describes the extent to which other students attended council and
subcommittee meetings, and participated as members of the audience in
such councils activities,
(H) describes the extent to which family service, youth service, and
the education, police, health, and judicial departments within such
district coordinate anticrime efforts as a result of the
recommendations and programs of such council, and
(I) describes the extent to which such council raises public awareness
and knowledge, via the media, about
~youth violence and such council's efforts to help prevent it.

SELECTION OF GRANT RECIPIENTS.
For the purpose of selecting eligible applicants to receive grants
31402, the Attorney General shall take into consideration-

(1) the extent to which all schools in a congressional districts are
represented on the proposed youth anticrime council,
(2) the extent to which youth crime and violence are an issue of
concern in such district,
(3) the extent to which the community is committed to coordinating and
meeting with the youth councils, and
(4) the extent to which the students selected to serve on such council
are representative of the geographical area and knowledgeable about the
issues that such council will consider.

SEC. 31405. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be
appropriated to carry out this subtitle--
(1) $500,000 for fiscal year 1996;
(2) $800,000 for fiscal year 1997;
(3) $1,000,000 for fiscal year 1998;
(4) $1,300,000 for fiscal year 1999; and
(5)$1,400,000 for fiscal year 2000.

Subtitle O--Urban Recreation and At-Risk Youth

Y...~the

SEC. 31501. PURPOSE OF ASSISTANCE

Section 1003 of the Urban Park and Recreation Recovery Act of 1978 is ~
mended by 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 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                                  116

between local agencies involved in parks and recreation, law en-
forcement, youth social services, and juvenile justice system.".

SEC 31602. DEFINITIONS.
Section 1004 of the Urban Park and Recreation Recovery Act of 1978 is
amended by inserting the following new subsection after subsection (c)
and by redesignating subsections (d) through ~i) as (e) through (k),
respectively:
"(d) 'at-risk youth recreation grants' means-- "(I) rehabilitation
grants, "(2) innovation grants, or "(3) matching grants for continuing
program support for
programs of demonstrated value or success in providing constructive
alternatives to youth at risk for engaging in criminal behavior,
including grants for operating, or coordinating recreation programs and
services; in neighborhoods and communities with a high prevalence of
crime particularly violent crime. or crime committed by youthful
offenders in addition to the purposes specified in subsection (b),
rehabilitation grants referred to in paragraph (I) 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;3'.

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 (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 Sec-
retary 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 nongovernmental entities, including the private sector and
community and nonprofit organizations.
"(F) Programs which leverage public or private recreation 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. PARKS 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 order




                                  117

to be eligible to receive 'at-risk youth recreation grants' a local
government shall amend its 5-year action program to incorporate the
goal of reducing crime and juvenile delinquency and to provide a
description of the implementation strategies to achieve this goal. The
plan shall also address how the local government is 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 GENERAL.--" after
"1013" and by adding the following new subsection at the end:
"(b) PROGRAM SUPPORT.--Not more than 25 percent of the amountS made
available under this title to any local government may be used for
program support. ".
(b) EXTENSION.--Section 1003 of the Urban Park and Recreation Recovery
ACt of 1978 is amended by striking "for a period of five years" and by
striking "short-term".
(C) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated to carry out this subtitle--
(2) $3,000,000 for fiscal year 1996; (3) $500,000 for fiscal year 1997;
(4) $500,000 for fiscal year 1998; (5) $500,000 for fiscal year 1999;
and (6) $500,000 for fiscal year 2000.

Subtitle P--Boys and Girls Clubs in Public

Housing

SEC. 31601. ESTABLISHMENT.
(a) IN GENERAL.--The Secretary of Housing and Urban Development, in
consultation with the Attorney General, shall enter into contractS With
the Boys and Girls Clubs of America, a national nonprofit youth
organization to establish Boys and Girls Clubs in public housing
(b) CONSULTATION.--The Secretary of Housing and Urban Development may
consult With the Ounce of Prevention Council in making grants under
subsection (a).
SEC'. 31602. REPORT.
By May 1 of each fiscal year for Which funds for this section are
provided, the Secretary of Housing and Urban Development shall submit a
report to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Banking, Finance and Urban Affairs of the
House of Representatives that details the progresS of establishing boys
and girls clubs in public housing and the effectiveness of the programs
in reducing drug abuse and gang violence.
SEC 31603. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle--
(1) $4,000,000 for fiscal year 1996;
(2) $5,000,000 for fiscal year 1997;
                                  118

(3) $6,000,000 for fiscal year 1998;
(4) $7,000,000 for fiscal year 1999; and
(5) $8,000,000 for fiscal year 2000.

Subtitle Q- Community-Based Justice

Grants for Prosecutors

SEC. 31701. GRANT Authorization
(a) IN GENERAL.--The Attorney General may make grants to State, Indian
tribal, or local prosecutors for the purpose of Supporting the creation
or expansion of community-based justice program
(b) CONSULTATION.--The Attorney General may consult with the Ounce of
Prevention Council in making grantS under subsection (a) SEC. 31702.
USE OF FUNDS.
Grants made by the Attorney General under this section shall be used-

(I) to fund programs that require the cooperation and coordination of
prosecutors, school officials, police, probation officers, youth and
social service professionals, and community members in the effort to
reduce the incidence o~ and increase the successful identification and
speed of prosecution of, young violent offenders;
(2) to fund programs in which prosecutors focus on the of fender, not
simply the specific offense, and impose individualized sanctions,
designed to deter that offender from further antisocial conduct, and
impose increasingly serious sanctions on a young offender who continues
to commit offenses;
(3) to fund programs that coordinate criminal justice re sources with
educational, social service, and community resources to develop and
deliver violence prevention programs, including mediation and other
conflict resolution methods, treatment, counselling, educational, and
recreational programs that create 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
. . . 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 I directed toward the issues with
which such entities are concerned.
SEC. 31703. APPLICATIONS.
(a) ELIGIBILITY.--In order to be eligible 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--



                                  119

(1) a request for funds for the purposes described in section
(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 actiuities funded under
this
(4) statistical information in such form and containing
such information that the Attorney General may require.
(C) COMPREHENSIVE PLAN.--Each applicant shall include a
comprehensive plan that shall contain-
(1) a description of 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;
(4) a description of how the requested grant will be used to
fill gaps.

SEC. 31704. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.

(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 technical assistance.

(b) RENEWAL OF GRANTS.--A grant under this part may be re-
newed 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 auailability of funds, if--
(1) the Attorney General 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 pro-
gram described in the comprehensive plan required by section 31703.

SEC. 31705. AWARD OF GRANTS.

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.
(2) The Attorney General shall attempt, to the extent practicable, 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 Attor-
pey General a report not later than March 1 of each year that de-.
                                 120

scribes progress achieved in carrying out the plan described under

(b) REPORT TO CONGRESS.--The Attorney General shall submit to the
Congress a report by October I of each year in Which grant are made
available under this subtitle which shall contain a de tailed statement
regarding grant awards, activitieS of grant recipients, a compilation
of statistical information submitted by applicants, and an evaluation
of programs established under this sub

SEC. 31707. AUTHORIZATION OF APPROPRIATIONS
There are authorized to be appropriated to carry out this sub

(1) $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 pro-
vided by the United States to Indians because of their status as

"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
offender" 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 R-Child Safety

SEC. 31801. SHORT TITLE.
This subtitle may be cited As the "Child Safety Act" SEC. 31802.
PURPOSE.
The purpose of thiS subtitle is to authorize funding to enable su-
pervised visitation centers and programs to provide the following:
(I) Supervised visitation for children whose parents are
separated or divorced and the children are at risk because--
(A) there is documented sexual, physical, or emotional abuse As
determined by the a court of competent jurisdiction;
(B) there is suspected or elevated risk of sexual, physical, or
emotional abuse, or there have been threats of parental abduction of
the child;
(C) due to domestic violence, there is an ongoing risk of harm to a
parent or child;






                                  121

(D) a parent is impaired because of substance abuse or
mental illness;
(E) there are allegations that a child is at risk for any
of the reasons stated in subparagraphs (A), (B), (C), and
(D), pending an investigation of the allegations; or
(F) other circumstances, as determined by a court of
competent jurisdiction, point to the existence of such a risk.
(2) Supervised visitation 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.
(3) An evaluation of visitation within the center or program, or
contracted out to appropriately trained professionals, to Assist in
making determinations of future placement of children or access to the
parents.
(4) A safe location for custodial parents to temporarily transfer
custody of their children to noncustodial parents, or
~-. where a parent or child is at risk for any of the reasons stated in
paragraph (1).
(5) An additional safeguard against the child witnessing abuse or a
safeguard against the injury or death of a child or parent.
(6) An environment for families to have positive interaction
activities, quality time, non-violent memory building experiences
during visitation to help build the parent/child relationship.
(7) Parent and child education and support groups to help parents heal
and learn new skills, and to help children heal from past abuse or
family conflict.
(8) Documentation of visitation for use by child protective services,
court-ordered evaluators, individuals or entities treating a family
member, or a court of competent jurisdiction.

SEC 31803. DEMONSTRATION GRANTS FOR SUPERVISED VISITATION
CENTERS.
(a) IN GENERAL.--The Secretary of Health and Human Services (hereafter
referred to in thiS subtitle as the "Secretary") is authorized to)
award grantS to and enter into contracts and cooperative agreements
With new or existing Public or nonprofit private entities to assist
Such entitieS in the establishment or operation of supervised
visitation centers.
(b) CONSIDERATIONS.--In awarding grants, contracts and agreements under
subsection (a), the Secretary shall take into acCount--
(1) the number of families to be served by the existing or proposed
visitation center to be funded under the grant, contract, or agreement;
(2) the extent to which supervised visitation centers are needed
locally;
(3) the relative need of the applicant; and
(4) the capacity of the applicant to make rapid and effective use of
assistance provided under the grant, contract, or agreement.
(c) USE OF FUNDS.--
(1) IN GENERAL.--Amounts provided under a grant, contract or
cooperative agreement awarded under this section shall
                                  122

be used to support existing programs or establish new supervised
visitation centers and for the purposes described in section 31802. In
using such amounts, granteeS shall target the economically
disadvantaged and those individuals who could not otherwise afford such
visitation services. Other individuals may be permitted to utilize the
service provided by the center on a fee basis.
(2) PROHIBITION. NO visitation center funded under this title shall
permit participation of any person denied visitation rights by a court
of law.

SEC. 31804. DEMONSTRATION GRANT APPLICATION.
(a) IN GENERAL.--A grant, contract, or cooperative agreement may not be
made or entered into under this Act unless an application for such
grant, Contract or cooperative agreement has been submitted to and
approved by the Secretary.
(b) APPROVAL.--Grants, contracts, and cooperative agreements under this
Act shall be awarded in accordance With such regulations as the
Secretary may promulgate. At a minimum, to be approved by the Secretary
under this section an application shall--
(1) demonstrate that the applicant has recognized expertise in the area
of family violence, and a record of high-quality service to victimS of
family violence; and
(2) include specific procedures to minimize risk of harm to any client
during services at the center or program.

SEC. 31805. EVALUATION OF DEMONSTRATION PROJECTS.
(a) IN GENERAL.--Not later than 30 days after the end of each fiscal
year, a recipient of a grant, contract or cooperative agreement under
this Act shall prepare and submit to the Secretary a report that
containS information concerning--
(1) the number Of families served per year;
(2) the number ~f families and the number of visits per family served
per year categorized by--
(A) origin of referral, if any;
(B) all reasons for Use of center or program, including--(i) child
abuse or neglect; (ii) child sexual abuse; (iii) domestic violence;
(iv) substance abuse; (v) mental illness; (vi) risk of parental
abduction; (vii) interference With visitation, (viii) foster care
arrangement; and (ix) order of protection, and
(C) length of visits in hours;
(3) the number of supervised visitation arrangements terminated because
of violations of visitation terms, including violence;
(4) the number of protective temporary transfers of custody during the
report year;
(5) the number of parental abduction cases in a judicial district using
supervised visitation services, both as identified in criminal
prosecution and custody violations;





                                  123

(6) the number of safety and security problems that occur during the
report year;
(7) the number of families who are turned away because the center
cannot accommodate the demand for services;
(8) the process by which children or abused partners will be protected
during visitations, temporary custody transfers and other activities
for which the supervised visitation centers are created;
(9) the type of service provided, including--
(A) supervision of exchange only;
(B) supervision of visits occurring on site; and
(C) supervision of visits occurring off site;
(10) other services provided, such as parent and child education and
support groups; and
(11) any other information determined appropriate in regulations
promulgated by the Secretary.
(o EVALUATION.--The Secretary shall designate an appropriate agency to
conduct or coordinate an evaluation of the supervised visitation center
or program operated under the grant, contract, or agreement. The
selected agency shall make agreements with the court and the child
protection social services division of the State to participate in the
evaluation of the center or program, and shall ensure that local
domestic violence agencies or state and local domestic violence
coalitions are solicited and their evaluations and opinions are
included in the evaluation. The entities conducting such evaluations,
separately or in combination, shall submit a narrative evaluation of
the center or program to the center or program, the coordinating State
agency, and the secretary.
(c) DEMONSTRATION OF NEED.--The recipient of a grant, contract or
cooperative agreement under thiS Act shall demonstrate, during the
first 3 yearS of the project operated under the grant, contract or
agreement, the need for continued funding.

SEC. 31806. SPECIAL GRANTS TO STUDY THE EFFECT OF SUPERVISED VISITATION
ON SEXUALLY ABUSED OR SEVERELY PHYSICALLY ABUSED CHILDREN.
(a) AUTHORIZATION.--The Secretary may award special grants to public or
nonprofit private entitieS to assist such entities in designing and
implementing research on supervised visitation centers or programS
established under thiS Act to determine--
(1) the performances of the supervised visitation centers and programs
receiving grants, making Use of the data reported under section 31805
where possible;
(2) the effect of supervised visitation on children, including in
particular--
(A) the effect on children who have been sexually
abused or severely physically abused by a parent;
(B) whether the effect on such children is different if
contact is allowed only when the abusive parent has completed a
certified course for such abusers; or
(C) whether the effect on such children is different if
contact is allowed only where the Child expresses a positive
wish for contact;
                                  124

(3) the effect of the families' use of supervised visitation
services on their use of the court system, including in particular, the
number and nature of subsequent returns to court;
(4) the relationship between the type of abuse or neglect experienced
by the child and the use of supervised visitation centers by the
maltreating parent;
(5) in cases of spouse or partner abuse only, the extent to
which supervised visitation should be predicated on participa-
tion by the abusive spouse in a specialized treatment program;
and
(6) such other issues as determined by the Secretary.
(b) Application.--To be eligible to receive a grant under this section
an entity shall prepare and submit to the Secretary an application at
such time, in such manner and containing such information as the
Secretary may require, including documentary evidence to demonstrate
that the entity possesses significant experience in social science
research with particular experience in research concerning clinical
issues involving children, abuse, and visitation. The level of clinical
expertise and experience required will be determined by the Secretary.
(C) REPORT.--For the duration of the grant, the grantee shall prepare
and submit to the Secretary a report of the research and data
collected, at such times as the Secretary may require.

SEC. 31807. REPORTING.
Not later than 18 months after the date of enactment of this Act, and
annually thereafter, the Secretary shall prepare and submit to the
appropriate committees of Congress a report containing the information
collected under the reports received under sections 31805 and 31806
including recommendations made by the Secretary concerning whether or
not the supervised visitation center demonstration and research
programs should be reauthorized.

SEC. 31808. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.--There are authorized to be appropriated for the
purpose of awarding grants, contracts, and cooperative agreements under
this subtitle
(1) $4,000,000 for fiscal year 1996;
(2) $5,000,000 for fiscal year 1997;
(3) $6,000,000 for fiscal year 1998;
(4) $7,000,000 for fiscal year 1999; and
(5) $8,000,000 for fiscal year 2000.
(b) Distribution.~f the amountS appropriated under subsection (a) for
each fiscal year--
(1) not less than 90 percent shall be used to award grants,
contracts, or cooperative agreementS under section 31804; and
(2) not more than 10 percent shall be used to award grants
under section 31806.





                                  125

Subtitle S--Family Unity Demonstration Project

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--
(I) 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. DEFINITIONS. In this subtitle--
"child" means a person who is less than 7 years of age.
"community correctional facility" means a residential facility 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 parent-child
relationship, including educating parents re-
garding--
(I) child development; and
(IV household management;
(iv) alcoholism and drug addiction treatment for
prisoners; and
(v) programs and support services to help in
mates--
(I) to improve and maintain mental and physical health, including
access to counseling;
(II) to obtain adequate housing upon release
from State incarceration;
(III) to obtain suitable education, employment,
or training for employment; 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--
                                  126

(i) knowingly resulted in death or serious bodily
injury;
(ii) is a felony for a crime of violence against a per
son; or
(iii) constitutes child neglect or mental, physical,
or sexual abuse of a child.
"primary caretaker parent" means--
(A) a parent who has consistently assumed responsibility 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 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.

SEC. 31904. AUTHORIZATION OF Appropriations.
(a) AUTHORIZATION.--There are authorized to be appropriated to carry
out this subtitle--
(I) $4,000,000 for fiscal year 1996;
(2) $4,000,000 for fiscal year 1997;
(3) $4,000,000 for fiscal year 1998;
(4) $4,000,000 for fiscal year 1999; and
(5) $6,000,000 for fiscal year 2000.
(b) AVAILABILITY OF APPROPRIATIONS. If the amount appropriated under
subsection (a) for any fiscal year--
(I) 90 percent shall be available to carry out chapter 1; and (2) 10
percent shall be available to carry out chapter 2.

CHAPTER I~RANTS TO STATES

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--
(I) 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 residents, local
businesses, corrections officials, former prisoners, child development
professionals, educators, and maternal and

                                  127

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 l-year period;
(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 subsection (a) or 30
days after the prisoner is sentenced to a term of imprisonment of not
more than 7 years (whichever is later), of the proposed or current
operation of the project;
(B) accept at any time at which the project is in operation 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 applications approve or
disapprove the application; and
(7) for the purposes of selecting eligible offenders to participate in
such project, the State has authorized state courts to sentence an
eligible offender directly to a community correctional facility,
provided that the court gives assurances that the offender would have
otherwise served a term of imprisonment. (c) SELECTION OF GRANTEES.--
The Attorney General shall make 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. ELIGIBILITY TO RECEIVE GRANTS.

To be eligible to receive a grant under section 31911, a State shall
submit to the Attorney General an application at such time, in such
form, and containing such information as the Attorney General
reasonably may require by rule.

SEC 31913. REPORT.

(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--                                  128

(1) state the number of prisoners who submitted applications 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 training
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.

CHAPTER 2--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS

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
(b) GENERAL CONTRACTING AUTHORITY.--In implementing this title, the
Attorney General may enter into contracts with appropriate 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 de-
fined 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.

SEC. 31922. REQUIREMENTS.
For the purpose of placing Federal participants in a family unity
demonstration project under section 31921, the Attorney General 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--
(I) 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.--
(I) 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 abuseproblem have the opportunity to participate in
appropriate Substance abuse treatment, the Bureau of

                                  129

Prisons shall, subject to the availability of appropriations, 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 treatment 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 treatment 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.
"(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 treatment provided under paragraph (V of
this subsection, shall remain in the custody of the Bureau under such
conditions as the Bureau deems appropriate. If the conditions of con-
finement 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 convicted 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 programs 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 APPROPRIATION.--There are authorized to be
appropriated to carry out this subsection--
"(A) $15,000,000 for fiscal year 1996;
"(B) $21,000,000 for fiscal year 1997;
"(C) $28,000,000 for fiscal year 1998;
"(D) $30,000,000 for fiscal year 1999; and
"(E) $31,000,000 for fiscal year 2000.
                                  130

"(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 and 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 problems, and
"(ii) willing to participate in a residential sub
stance abuse treatment program; and
"(C) the term 'aftercare' means placement, case management and
monitoring of the participant in a community 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 prevention 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 PRISONERS.--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:

"PARTS--RESIDENTIAL SUBSTANCE ABUSE
TREATMENT FOR STATE PRISONERS

"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.





                                  131

"(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 prisoners
incorporate applicable components of existing comprehensive approaches
including relapse prevention and after care services.
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 Attorney
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 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 COMPONENT.--
"(1) To be eligible for a preference under this part, a State must
ensure that individuals who participate in the substance 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 coordinated with Federal
assistance for substance abuse treatment and aftercare services
currently provided by the Department of
                                  132

Health and Human Services' Substance Abuse and Mental Health &rvices
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 fiunds received under thiS part
including review of spending, processing, progreSS, financial re-
porting, technical assistance, grant adjustments, accounting auditing,
and fund disburse nent.

"SEC. 1903. REVIEW OF STATE APPLICATIONS.
"(a) IN GENERAL.--The Attorney General shall make a grant under section
1901 to carry out the projectS described in the application submitted
under section 1902 upon determining that--
"(I) the application is consistent with the requirements of
this part; and
"(2) before the approval of the application the Attorney Gen
eral 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 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 disapproval.
"(c) RESTRICTION.--Grant funds received under this part shall not be
used for land acquisition or construction projects
(d) DISAPPROVAL NOTICE AND RECONSIDERATION.--The Attorney General shall
not disapprove any application without first affording the applicant
reasonable notice and an opportunity for reconsideration.

"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 fiunds remaining after the allocation under
paragraph (1), there shall be allocated to each of the participating
States an amount which bears the same ratio to the amount of remaining
fiunds described in this paragraph as the State prison populntion of
such State bears to the total prison population 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.

"SEC. 1905. EVALUATION.
"Each State that receives a grant under this part shall submit to the
Attorney General an evaluation not later than March I of each year in
such form and containing such information as the Attorney General may
reasonably require.".
(b) TECHNICAL AMENDMENT.--The table of contents of title I of the
Omncbus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
                                  133

3711 et seq.), as amended by section 20201(b), cs amended by inserting
after the matter relating to part R the following new part:

"PART S--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS
1901. Grant authorization, ~or, 1902. State applications.
1903. Review of State applications.
1904. Allocation and distribution of funds.
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 Safe
Streets Act of 1968 (42 U.S.C. 3791(a)), (as amended by 'ion 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~ "; and"; and
(3) by adding at the end the following new paragraph:
"(25) the term 'residential substance abuse treatment program' means a
course of individual and ,~roup activities, lasting
between 6 and 12 months, in residential treatment facilities set
apart from the general prison population--
"(A) directed at the substance abuse problems of the
prisoner; and
"(B) intended to develop the prisoner's cognitive, behavioral, social,
vocational, and other skills so as to solve the
prisoner's substance abuse and related problems.".
(d) AUTHORIZATION OF APPROPRIATIONS.--Section 1OO1(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 2 U.S.C. 3793), as
amended by section 20201(d), is amended--
(I) 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) $30,000,000 for fiscal year 1996;
"(B) $40,000,000 for fiscal year 1997;
"(C) $70,000,000 for fiscal year 1998;
"(D) $80,000,000 for fiscal year 1999; and
"(E) $80,000,000 for fiscal year 2000."

Subtitle V--Prevention, Diagnosis, and
Treatment of Tuberculosis in Correctional Institutions

Sec. 32201. PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBERCULOSIS IN
CORRECTIONAL INSTITUTIONS.
(a) GUIDELINES.--The Attorney General, in consultation with
he Secretary of Health and Human Services and the Director of the
National Institute of Corrections, shall develop and disseminate to
appropriate entities, including State, Indian tribal, and local correc-
tional institutions and the Immigration and Naturalization Service,
guidelines for the prevention, diagnosis, treatment, and followup                                  134

care of tuberculosis among inmates of correctional institutiOns
an~persons held in holding facilities operated by or under contract
wit~ the Immigration and Naturalization Service.
(b) COMPLIANCE.--The Attorney General shall ensure that prisons in the
Federal prison system and holding facilities operated b 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 authorized 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.
(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.
"Staten 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 W--Nope in Youth Program

SEC. 32301. PROGRAM AUTHORITY.
(a) IN GENERAL.--The Secretary of Health and Human Services (referred
to in this subtitle as the "Secretary") may make grants to eligible
service providers in one or more political subdivisions of a State
containing an area designated as an empowerment zone or enterprise
community, as authorized under the Omnibus Budget Reconciliation Act of
1993 (Public Law 103-66), that have submitted an approved plan to
establish advisory organizations in low-income communities within the
political subdivision containing an empowerment zone which will serve
as umbrella agencies for strategic planning and evaluation of service
programs serving the low-income communities in which the advisory
organization operates.
(b) COORDINATION WITH THE OUNCE OF PREVENTION COUNCIL.--The Secretary
may coordinate with the Ounce of Prevention Council in making grants
under subsection (a).



                                  135

SEC. 32302. PROGRAM REQUIREMENTS.
   Each advisory organization established as described in
section 32301 shall--
      (1) provide a permanent multi-issue forum for public
discussion which will serve as part a stable infrastructure
of community outreach and support,
      (2) develop a mechanism by which local support service
providers may be evaluated and assessed in the level of
service they provide to the community, and which establishes
a method for advisory organization participants to review and
participate in efforts to maintain or increase the quality of
services provided by such providers,
      (3) create a Family Outreach Team approach which
provides 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. The Family
Outreach Team assists such volunteers in outreach,
development and coordination of service delivery from among
the service providers in the area, including the schools,
      (4) establish processes by which local public agencies
can effectively involve the private sector in the provision
of services that meet the needs of local communities,
      (5) establish processes of coalition building in which
diverse groups within low-income communities attempt to work
cooperatively to meet the collective needs of low-income
communities, and
      (6) create a training program to foster community-based
leadership in low-income communities.

SEC. 32303. ELIGIBLE PROVIDERS.
Consortia of public and private nonprofit local social service or-
ganizations that have a proven ability to involve disparate populations
of low-income citizens and competing service providers are eligible to
receive grants under section 32301.

SEC. 32304. APPLICATIONS.
Applications may be submitted, for approval by the Secretary, by
eligible service providers at such time and in such manner as the
Secretary may reasonably require. Such applications shall contain--
(1) assurances that selection of participants, organizations, and
citizens will not be on the basis of religious preference or
affiliation,
(2) assurances that participating organizations and citizens will not
offer services based on any religious preference or affiliation, and
(3) assurances that such service providers will, to the extent
practicable, involve participation by citizens not traditionally
involved in such activities, including homeless individuals, alcohol-
and drug-addicted individuals, and gang involved or violent youth.
SEC. 32305. EVALUATION
The Secretary shall commence a program to evaluate the success and
effectiveness of this program 2 years after the program has
                                  136

received an appropriation, and such evaluation shall be completed no
later than 1 year after the second program year has been completed. A
report thereon shall be submitted to the Congress within~ 60 days of
the completion of the evaluation.

SEC. 32306. DEFINITION.
As used in this subtitle, the term "state" meanS a state, the District
of Columbia, the Commonwealth of Puerto Rico, the United States virgin
Islands, American Samoa, Guam, and the Northern Mariana Islands.

SEC. 32307. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle--
(1) $3,000,000 for fiscal year 1996; (2) $3,500,000 for fiscal year
1997; (3) $4,000,000 for fiscal year 1998; (4) $4,500,000 for fiscal
year 1999; (5) $5,000,000 for fiscal year 2000;

Subtitle X-Gang Resistance Education and Training

SEC. 32401. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS. (a)
ESTABLISHMENT OF PROJECTS.--
(I) IN GENERAL.--The Secretary of the Treasury shall establish 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 appropriations, 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 administrative costs for operating
and overseeing such projects.
(b) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be
appropriated to carry out this section--
(1) $10,000,000 for fiscal year 1995;
(2) $8,000,000 for fiscal year 1996;
(3) $8,000,000 for fiscal year 1997;
(4) $8,000,000 for fiscal year 1998;
(5) $8,000,000 for fiscal year 1999; and
(6) $8,000,000 for fiscal year 2000.








                                  137

TITLE IV--VIOLENCE AGAINST WOMEN

SEC 40001. SHORT TITLE.
This title may be cited as the "Violence Against Women Act of 1994"

Subtitle A--Safe Streets for Women

SEC. 40001 SHORT TITLE.
This title may be cited as the "Safe Streets for Women Act

CHAPTER I--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
after 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 shall review and amend, where necessary, 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:
(I) The Commission shall review and promulgate amendments 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 amendments 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 amendments to the
guidelines to enhance penalties, if appropriate, to render Federal
penalties on Federal territory commensurate with penalties for similar
offenses in the States.
                                  138

(4) The Commission shall review and promulgate amendments to the
guidelines, if appropriate, to account for the general 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 after the date of enactment 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--
(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 RESTRICTION 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 addition to any
other civil or criminal penalty authorized by law, the court shall
order restitution for any offense under this chapter.
(b) SCOPE AND NATURE OF ORDER.--
"(1) DIRECTIONS.--The order of restitution under this section shall
direct that--
"(A) the defendant pay to the victim (through the appropriate court
mechanism) the full amount of the victim's
losses as determined by the court, pursuant to paragraph
(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 rehabilitation;
"(C) necessary transportation, temporary housing, and
child care expenses;
"(D) lost income;
"(E) attorneys' fees, plus any costs incurred in obtain
in~ a civil protection order: and


                                  139

"(F) any other 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 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.
"(ii) For purposes of this subparagraph, the term 'economic
circumstances' includes--
"(V the financial resources and other assets of the defendant;
"(II) projected earnings, earning capacity, and other in
come of the defendant; and
"(III) any financial obligations of the defendant, including
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 payment
of any amount of a restitution order, and do not allow for
the payment of any or some portion of the amount of a res-
titution order in the foreseeable future (under any reason-
able 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 1 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 1 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 in-

                                  140

surance or any other source until the payments actually received by the
victim under the restitution order fully compensate 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
defendant 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 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 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, 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.
"(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 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.
(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.


                                  141

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 fail-
ure to include such losses in the initial claim for restitutionary

"(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 of

"(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
t- 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 victims 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:
"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 addition to any
other civil or criminal penalty author~zed 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 section shall
direct that--
"(A) the defendant pay to the victim (through the appropriate court
mechanism) the full amount of the victims
losses as determined by the court, pursuant to paragraph
(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;
                                  142

"(B) physical and occupational therapy or rehabilitation;
"(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 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 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.
"(ii) For purposes of this subparagraph, the term 'economic
circumstances includes--
"(V the financial resources and other assets of the defendant;
"(II) projected earnings, earning capacity, and other in
come of the defendant; and
"(III) any financial obligations of the defendant, including
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 payment
of any amount of a restitution order, and do not allow for
the payment of any or some portion of the amount of a res-
titution order in the foreseeable future (under any reason-
able 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 1 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 1 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--

                                  143

"(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 compensate 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
defendant 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 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 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, 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.
'(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 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.
                                  144
"(4) FINAL DETERMINATION OF LOSSES.--If the victim's losses are not
ascertainable by the date that is 10 days prior 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 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 E 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) $600,000 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 COMPARE 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
(2) by redesignating section 2001 as section 2101; and
(3) by inserting after part S the following new part:








145

"PART T-GRANTS To COMBAT VIOLENT CRIMES AGAINST WOMEN

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 crime, against
women.
(B) Purposes for Which Grants May Be USED. Grants under this part shall
provide personnel, training, technical assistance, 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 women,
including the crimes of sexual assault and domestic violence
"(2) developing training, or expanding units of law enforcement
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, linking police,
prosecutors, and courts or for the purpose of identifying and tracking
arrests, protection orders, violations of protection orders,
prosecutions, and convictions for violent crimes against women,
including the crimes of sexual assault and domestic violence;
"(5) developing, enlarging, or strengthening victim services programs,
including sexual assault and domestic violence programs, developing or
improving delivery of victim services to racial, cultural, ethnic, and
language minorities, providing specialized domestic violence court
advocates in courts where a significant number of protection orders are
granted, 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
stalking; and
"(7) developing, enlarging, or strengthening programs addressing the
needs and circumstances of Indian tribes in dealing with violent crimes
against women, including the crimes of sexual assault and domestic
violence.
SEC.2002. STATE GRANTS.
(a) GENERAL GRANTS.--The Attorney General may make
grantS to States, for use by States, units of local government, non-
profit nongovernmental victim services programs, and Indian tribal
governments for the purposes described in section 2001(b).
                                  146

"(b) Amounts. Of the amounts appropriated for the purpose-

"(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 amount of
remaining funds as the population of the state bears to the States that
result 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 pa upon
certification that--
"(1) the funds shall be used for any of the purposes described in
section 2001(b);
"(2) grantees and subgrantees shall develop a plan for implementation
and shall consult and coordinate with nonprofit nongovernmental victim
services programs, including sexual as assault and domestic violence
victim services programs;
"(3) at least 26 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 requirements provided in
section 513 shall apply to grants made under this part. In addition,
each application shall include the certifications of qualification
required by subsection (c), including documentation from nonprofit,
nongovernmental victim services programs, 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 language background;
"(2) proof of compliance with the requirements for the payment 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 General shall--
"(A) disburse the appropriate sums provided for under
this part; or

                                  147

"(B) inform the applicant why the application does not conform to the
terms of section 513 or to the requirements 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 and 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.
"(f) FEDERAL SHARE.--The Federal share of a grant made under t is
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 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.
~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 assessment of the effectiveness of those activities in
achieving the purposes of this part.
(2) CERTIFICATION BY GRANTEE AND SUBGRANTEES.--A section of the
performance report shall be completed by each grantee and subgrantee
that performed the direct services contemplated in t~e application,
certifying performance of direct services under the grant.
(3) SUSPENSION OF FUNDING.--The Attorney General shall suspend funding
for an approved application if--
"(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 pro-
gram is ineffective or financially unsound.

"SEC. 2003. DEFINITIONS. "In this part--
"(1) the term 'domestic violence' includes felony or misdemeanor 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
                                  148

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 monies, or by any other adult person
against a victim who is protected from that persons 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, nahon, or
other organized group or community of Indians, including any Alaska
Native village or regional or village corporation (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, including such
agency's component bureaus (such as governmental 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 strangers 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 populations
underserved because of geographic location (such as rural isolation),
underserved racial or ethnic populations, and populations underserved
because of special needs, such as language barriers or physical
disabilities; and
(8) the term 'victim services' means a nonprofit, nongovernmental
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 ass~sting domestic violence or sexual
assault victims through the legal process.
"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 the under Federal law
(including personnel, equipment, supplies, facilities, and managerial,
technical, and advisory services) in support 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 General
shall submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the


                                  149

Senate a report that includes, for each State and for each grantee

"(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, relationship of victim
to offender, geographic distribution, race, ethnicity, 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 General shall publish
final regulations or guidelines implementing this part.
c. 2005. RAPE EXAM PAYMENTS.
"(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 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;

pocket cost of forensic medical exams for victims of sexual assault

"(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 ViCtims 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, includ-
                                  150

ing victims with limited or no English proficiency, regarding how to
obtain reimbursement.
"SEC 2006. FILING COSTS FOR CRIMINAL CHARGES.
"(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

"(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 (V 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 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--
(I) in paragraph (3) by striking "and S" and inserting "S,

(2) by adding at the end the following new paragraph:
(18) There are authorized to be appropriated to carry out part

"(A) $85,000,000 for fiscal year 1995;
"(B) $150,000,000 for fiscal year 1996;
"(C) $175,000,000 for fiscal year 1997
"(D) $190,000,000 for fiscal year 1998;
"(E) $195,000,000 for fiscal year 1999; and
"(F) $205,000,000 for fiscal year 2000".


151

SEC. 40131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC
TRANSPORTATION.
(a) GENERAL PURPOSE.--There is authorized to be appropriated out of the
general fund of the Treasury 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 ~rant
applicant.
(b) GRANTS FOR LIGHTING, CAMERA SURVEILLANCE, AND SECURITY 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 stations, 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 adjacent to public transportation
systems, including bus stops, subway stations, parking lots, or
garages; or
(D) any other project intended to increase the security and safety of
existing or planned public transportation systems.
(2) From the sums authorized under this section, at least 75 percent
shall be expended on projects of the types 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 relationship 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 SECURITY 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, re-
                                  152

quirements, 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
(a) AVAILABILITY OF FUNDS.--From sums appropriated out of the general
fund of the Treasury, not to exceed $10,000,000, the Secretary of the
Interior shall 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 improvements, 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 last
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--
"(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. 4601~) is amended by adding at the end the following new
subsection:
(h) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE
(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 general fund of the Treasury,
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--

                                  153

"(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 adjacent 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 assistance under this
subsection shall be dependent upon a showing 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 particular, 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 EVIDENTIARY RULES

SEC. 40141. Sexual HISTORY IN CRIMINAL AND CIVIL CASES.
(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 otherwise provided by law, but with the
amendment made by subsection (b). (b) RULE.--Rule 412 of the Federal
Rules of Evidence is amended to read as follows:
(b) Rule 412. sex Offense cases; Relevance of Alleged victim's Past
Sexual behavior or Alleged Sexual Predisposition
(a) EVIDENCE GENERALLY INADMISSIBLE.--The following evidence 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 victims 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
                                  154

"(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 place~l 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 re-
quires 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 Federal 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 Alleged Sexual Predisposition:
~(a) Evidence generally inadmissible.
"(b) Exceptions.
"(c) Procedure to determine admissibility.".

CHAPTER ~ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT

SEC 40161. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS
AGAINST WOMEN
Part A of title X~X 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:

"SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
"(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--
"(V 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

                                  155

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) $40,000,000 for fiscal year 1997;
"(3) $45,000,000 for fiscal year 1998;
"(4) $50,000,000 for fiscal year 1999; and
"(5) $50,000,000 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.
"(~9 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.".
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 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. CONFIDENTIALITY OF COMMUNICATIONS BETWEEN SEXUAL 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 communications
between sexual assault or domestic violence victims and their
therapists or trained counselors;
(2) develop model legislation that will provide the maximum protection
possible for the confidentiality of such communications, 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
                                  156

achieve their goal of helping victims recover from the trauma
associated with these crimes if there is no assurance 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
confidentiality but also in light of the possibility that such an abso-
lute privilege may be held to violate the rights of criminal defendants
under the Federal or State constitutions 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 findings 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.
(c) REVIEW OF FEDERAL EVIDENTIARY RULES.--The Judicial Conference of
the United States shall evaluate and report to Congress 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.
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 correctional 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.








                                  157

c. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL 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. 31fi (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 offend-
ers 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.--
(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:
                                  158

"(a) AUTHORIZATION.--There are authorized to be appropriate~ to carry
out this subtitle--
(V $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 Victim~ of Child Abuse
Act of 1990 (42 U.S.C. 13021(b)) is amended b~ 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 part

"(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 u.
(2) in section 1402 (42 U.S.C. 3i96aa-1) 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

(B) by inserting "and " after paragraph (l);
(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 and the Director determines that
there is in effect in

(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)--
(V by inserting "the Director determines that"
before "the application"; and
(II) by striking "; and inserting a period;
(vi) by striking paragraph (4);
(vii) by striking "Each application" and inserting the following:
"(b) Each application;'; and


                                  159

(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 1406
(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)(l) 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 recipients (or private organizations with
which grant recipients have contracted to provide equipment or training
using grant funds) shall keep such records as the Director 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 organizations
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

(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)".

Subtitle B--Safe Homes for Women

SEC.40201. SHORT TITLE.

This title may be cited as the "Safe Homes for Women Act of
1994"
                                  160

CHAPTER I--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 period of
not more than 5 years.
"(c) ANNUAL APPROVAL.--The provision of payments under ~I 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 telephone line;
"(2) employ, train, and supervise personnel to answer in
comIng calls and provide counseling and referral services to
callers on a 24-hour-a-day basis-
"(3) assemble and maintain a current database of information 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 Sec-
retary 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 of--
"(A) the training program for hotline personnel;
"(B) the hiring criteria for hotline personnel;
"(C) the methods for the creation, maintenance and up
dating of a resource database
"(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


                                  161

"(F) a plan for facilitating access to the hotline by per
sons with hearing impairments;
"(3) demonstrate that the applicant has nationally recognized 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 domestic VZO

"(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
"(~) 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 110A--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
protect~on orders. "Sec. 2266. Definitions.

"2261. Interstate dome~tic violence

(a) OFFENSES.--
"(1) CROSSING A STATE LINE.--A person who travels across u 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 daily 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 u~ho causes a
spouse or intimate partner to cross a State l~ne 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 a crime of
violence and thereby causes bodily
                                  162

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 in
values protection against credible threats of violence, repeated
harassment, or bodily injury to the person or per
sons 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 T~E 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 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

                                  163

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 addition to any
other civil or criminal penalty authorized by law, the court shall
order restitution for any offense under this chapter.
"(b) SCOPE AND NATURE OF ORDER.--
"(1) DIREcTIoNs.--The order of restitution under this section shall
direct that--
"(A) the defendant pay to the victim (through the appropriate court
mechanism) the full amount of the victims
losses as determined by the court, pursuant to paragraph
(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 rehabilitation
"(C) necessary transportation, temporary housing, and
child care expenses;
"(D) lost income;
"(E) attorneys' fees, plus any costs incurred in obtaining a civil
protection order; and
"(F) any other losses suffered by the victim as a proximate result of
the offense.
(4) ORDER MANDATORY.IA) 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 in
surance or any other source.
"(C)(i) Notwithstanding subparagraph (A), the court maytake into
account the economic circumstances of the defendant in determining the
manner in which and the schedule accordin~ to which the restitution is
to be paid.
                                  164

"(ii) For purposes of this subparagraph, the term 'economic
circumstances' includes--
"(l) 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, including
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 payment 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 1 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 1 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 compensate 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
defendant 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 con



165

tempt, 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) 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 ~he delegate) and the victim. Should the victim object to
any of the information included in the affidavit, the United States
Attorney (or the delegate) 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 at-
tested 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 affidavits 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 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
I 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.

"226~;. Full faith and credit given to protection order~

(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 ac-
corded 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--
                                  166

"(1) such court has jurisdiction over the parties and matter under the
law of such State or Indian tribe; and
(2) reasonable notice and opportunity to be heard is given to the
person against whom the order is sought sufficient to protect that
person's right to due process. In the case of ex parte orders, notice
and opportunity to be heard must be provided within the time required
by State or tribal law, and in any event within a reasonable time after
the order is issued, sufficient to protect the respondent's due process
rights.
(C) CROSS OR COUNTER PETITION.--A protection order issued by a State or
tribal court against one who has 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. Definitions

"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:

                                  167

CHAPTER 3--ARREST POLICIES IN DOMESTIC VIOLENCE CASES

SEC. 40231. ENCOURAGING ARREST POLICIES.
(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 part U as part V;
(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

"SEC. 2101. G~ANTS.
'(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 victims of
domestic violence.
"(6) To educate judges in criminal and other courts about domestic
violence and to improve judicial handling of such

"ELIGIBILITY.--Eligible grantees are States, Indian tribal governments,
or units of local government that--
"(I) 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
168

aggressors and that neither spouse acted primarily in self, defense-
and
"(4) certify that their laws, policies, or practices do not. quire, in
connection with the prosecution of any misdemeanor felony domestic
violence offense, that the abused bear t costs associated with the
filing of criminal charges or the se; ice of such charges on an abuser,
or that the abused bears 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 application to
the Attorney General that--
"(V contains a certification by the chief executive officer 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
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 2101a

"(3) identifies the agency or office or groups of agencies 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 development and implementation.
"(b) PRIORITY.--In awarding grants under this part, the Attorney
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 containing such additional
information as the Attorney General may prescribe.
"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 misdemeanor 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



                                  169

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 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
government, 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 final 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 Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
11 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 r~ and inserting 'T,
and U"; and
~2) by adding at the end the following new paragraph:
' '1.9~ 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:
(a) IN GENERAL.--There are authorized to be appropriated to carry out
this title--
"(1) $50,000,000 for fiscal year 1996;
"(2) $60,000,000 for fiscal year 1997;
                                  170

"(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.".

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.
"(a) GENERAL PURPOSE.--For purposes of this section, the Secretary 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

'(b) NATURE OF PROGRAM.--The Secretary shall select, implement and
evaluate separate model programs for 4 different audiences: pr~mary
schools, middle schools, secondary schools, and institutions of higher
education. The model programs shall be selected, implemented, and
evaluated in consultation with educational 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 est~mate
for nationwide distribution, to the relevant committees of Congress for
review.
(d) AUTHORIZATION OF APPROPRIATIONS.--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 DOMESTIC 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
(a) IN GENERAL.--The Secretary shall provide grants to nonprofit
private organizations to establish projects in local communities
involving many sectors of each community to coordinate intervention 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;

                                  171

"(B) the education community;
"(C) the religious community;
"(D) the justice system;
"(E) domestic violence program advocates;
"(F) human service entities such as State child services divisions;
"(G) business and civic leaders; and
"(H) other pertinent sectors.
(c) APPLICATIONs--An organization that desires to receive a grant under
this section shall submit to the Secretary an application 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 strategies 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 select~on of an administrative
committee made up of persons knowledgeable in domestic violence to
oversee the project, hire staff, assure compliance with the project
outline, and secure annual evaluation of the project;
"(B) the method for identification and select~on of project staff and a
project evaluator;
"(C) the method for identification and selection of a project council
consisting of representatives of the community sectors listed in
subsection (b)(2);
"(D) the method for identification and selection of a steering
committee consisting of representatives of the various 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 education 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 geographically 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 coordinator intervention
and prevention of domestic violence.
                                  172

"(2) REQUIREMENTs.--In establishing and operating a project, a
nonprofit private organization shall--
"(A) establish protocols to improve and expand domestic violence
intervention and prevention strategies among all affected sectors;
"(B) develop action plans to direct responses within each community
sector that are in conjunction with development 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 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 regulations 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 underserved 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 activities 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 individually or in groups,
(b) SPECIAL ISSUE RESOURCE CENTERS--

                                  173

(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--
(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 re
source 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 visitations 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
(~) 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 8 CONFIDENTIALITY FOR ABUSED PERSONS

SEC. 40281. CONFIDENTIALITY OF ABUSED PERSON'S ADDRESS.
(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.
                                  174

(b) REQUIREMENTs.--The regulations under subsection (a) shall

(1) in the case of an individual, the presentation to an appropriate
postal official of a valid, outstanding protection order-
and
(2) in the case of a domestic violence shelter, the presentation 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 vio-
lence 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 existing 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.
(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 nationally 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, educative, social, and legal 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, tit shall
recommend a nonprofit private entity that is qualified 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 nonprofit 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.




175

SEC. 40292. STATE DATABASES.
(a) IN GENERAL.--The Attorney General shall study and report to the
States and to Congress on how the States may collect centralized
databases on the incidence of sexual and domestic violence offenses
within a State.
(b) CoNsuLTATIoN.--In conducting its study, the Attorney General shall
consult persons expert in the collection of criminal justice data,
State statistical administrators, law enforcement personnel, ar
nonprofit nongovernmental agencies that provide direct services to
victims of domestic violence. The final report shall set forth the
views of the persons consulted on the recommendations.
R~PORT.--The Attorney General shall ensure that no later t,.~- 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.

SEC 40293. NUMBER AN~ COST OF INJURIES.
(a) STUDY.--The Secretary of Health and Human Services, acting 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

SEC. 40295. RURAL DOMESTIC VIOLENCE AND CHILD A~USE 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, victim 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 domestic 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 pro-
                                  176

vided by the United States to Indians because of their status as
Indians.
"rural Stat~" 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
(C) $15,000,000 for fiscal year 1998
(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 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 Con-
stitution, 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--
!l) 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
against 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 section 16 of title 18, United States
Code, whether or not those acts have actually resulted in criminal
charges, prosecution, or

                                  177

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 constitute 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.--
(V 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 demonstrated, 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 jurisdiction 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 4030.~ of
the Violence Against Women Act of 1994 may not be removed by any
district court of the United States.".
SEC. '10303. 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 92~18,"; and
'2) by inserting ', or section 40302 of the Violence Against
Women Act of 1994," after "1964".
SEC. 10304. 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.

Subtitle D--Equal Justice for Women in the
Courts Act

SEC. 40401. SHORT TITLE.

This subtitle may be cited as the "Equal Justice for Women in the
Courts Act of 1994".
                                  178

CHAPTER 1--EDUCATION AND TRAINING FOR JUDGES
AND COURT PERSONNEL IN STATE COURTS

SEC. 40411. GRANTS AUTHORIZED.
The State Justice Institute may award grants for the purpose of
developing, testing, presenting, and disseminating model programs 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 judge
and court personnel in the laws of the States and by Indian tribe~ in
training tribal judges and court personnel in the laws of t~ tribes on
rape, sexual assault, domestic violence, and other crime of violence
motivated by the victim's gender. SEC. 40412. TRAINING PROVIDED BY
GRANTS. 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 recidivism, and
the implications for sentencing;
(5) the historical evolution of laws and attitudes on rape and sexual
assault;
(6) sex stereotyping 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 administration 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 credibility of witnesses;
(13) sex stereotyping of female and male victims of domestic violence,
myths about presence or absence of domestic violence in certain racial,
ethnic, religious, or socioeconomic groups, and their impact on the
administration of justice;






                                  179

(14) historical evolution of laws and attitudes on domestic violence
(15) proper and improper interpretations of the defenses of
self-defense and 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 incarceration and
other meaningful sanctions for acts of domestic violence including
violations of orders of protection;
(17) economic, psychological, social and institutional reasons for
victims' inability to leave the batterer, to report domestic violence
or to follow through on complaints, including the influence of lack of
support from police, judges, and court 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 mediation 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.
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 developed 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. 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 Programs.~f 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.

C~APTER 2--EDUCATION AND TRAINING FOR JUDGES
AND COURT PERSONNEL IN FEDERAL COURTS

SEC. 10421. 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 bankruptcy
judges;
                                  180

(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 dispute resolution
programs;
(9) the selection, retention, promotion, and treatment of employees;
(10) appointment of arbitrators, experts, and special masters;
(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. The gender
bias task forces shall provide the Administrative Office of the Courts
of the United States with their reports and related material.
(d) MODEL PROGRAMS.--The Federal Judicial Center, in carrying 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 subsection; and
(3) take into consideration the findings and recommendations 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.
There are authorized to be appropriated--
(1) to the Salaries and 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.
(3) to the Administrative Office of the United States Courts to carry
out section 40421(c)--
$100,000 for fiscal year 1996.





181

Subtitle E--Violence Against Women Act
Improvements

SEC. 40501. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.
Section 3156(a)(4) 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 VICTIMS 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
(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;".

SEC. 40503. PAYMENT OF COST OF TESTING FOR SEXUALLY TRANSMITTED
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 payment 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 anonymity and confidentiality of any tests
paid for under this section.".
(b) PENALTIES FOR INTENTIONAL Transmission OF HIV.--Not later than 6
months after the date of enactment of this Act, the United States
Sentencing Commission shall conduct a study and prepare and submit to
the committees on the Judiciary of the Senate and the House of
Representatives a report concerning recommendations 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 bodily injury to a
victim;
(2) by striking "and" at the end of paragraph (3);
                                  182

(3) by redesignating paragraph (4) as paragraph (5); a
(4) by inserting after paragraph (3) the following new pa
graph:
"(4) in any case, reimburse the victim for lost income a
necessary 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. 40505. 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)(1) A Federal agency shall immediately suspend all Federal benefits
provided by the agency to the defendant, and shall terminate 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 payment
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 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 rectified 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.".
SEC. 40506. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT.

(a) STUDY.--The Attorney General, 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 and Campus Security Act (20
U.S.C. 1001 note; Public Law 101-542) and amendments made by that Act,
the Attorney General shall prepare a report including an analysis of--
(1) the number of reported allegations and estimated number 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;

                                  183

(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 specifically to
campus sexual assaults;
(5) the adequacy of policies and practices of educational institutions
in addressing campus sexual assaults and protecting victims, including
consideration of--
(A) the security measures in effect at educational institutions, such
as utilization of campus police and security guards, control over
access to grounds and buildings, supervision of student activities and
student living arrangements, 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 discourage the reporting
of campus sexual assaults to local criminal authorities or that may
otherwise obstruct justice or interfere with the prosecution of
perpetrators of campus sexual assaults
(D) the nature and availability of victim services for victims of
campus sexual assaults;
(E) the ability of educational institutions' disciplinary processes to
address allegations of sexual assault adequately and fairly;
(F) measures that are taken to ensure that victims are free of unwanted
contact with alleged assailants, and disciplinary sanctions that are
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 Department 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 Attorney General deems relevant to the
subject of the study and report required by this section.
(c) SUBMISSION OF REPORT.--The report required by subsection ~) shall
be submitted to the Congress no later than September 1, 1996
(d) DEFINITION.--For purposes of this section, "campus sexual assault
includes sexual assaults occurring at institutions of post-
                                  184

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 WOMEN'S SYNDROME.
(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
(3) an assessment by State, tribal, and Federal judges, prosecutors,
and defense attorneys of the effects that evidence of battered women's
syndrome may have in criminal trials.

SEC. 40608. REPORT ON CONFIDENTIALITY OF ADDRESSES FOR VICTIMS OF
DOMEsTIC VIOLENCE.
(a) REPORT.--The Attorney General shall conduct a study of the means by
which abusive spouses may obtain information concerning the addresses
or locations of 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 General shall
transmit a report to Congress including--
(1) the findings of the study concerning the means by which information
concerning the addresses or locations of abused spouses may be obtained
by abusers; and
(2) analysis of the feasibility of creating effective means of
protecting the confidentiality of information concerning the addresses
and locations of abused spouses to protect such persons from exposure
to further abuse while preserving access to such information for
legitimate purposes.
(b) USE OF COMPONENTS.--The Attorney General may use the National
Institute of Justice and the Office for Victims of Crime in carrying
out this section.

SEC. 40509. REPORT ON RECORD KEEPING 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

                                  185

(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
C. 40601. AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMATION DATABASES.
(a) ACCESS AND ENTRY.--Section ~34 of title 28~ United States 'e, is
amended by adding at the end the following.
"(e)(1) Information from national crime information databases
consisting of identification records, criminal /. story records,
protection orders, and wanted 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 in
Include--
.     "(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, provided 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 Identification 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 communication 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 try 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 e
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 r 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 subsection
(a), a State or unit of local government shall certify that it
                                  186

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. APPLICATION
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--
(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.SEC. 40605. 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.
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 General may
prescribe for grantees. The technical assistance training, and
evaluations authorized by this section may be carried out directly by
the Attorney General, or through contracts or other arrangements with
other entities.
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 Authorization 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 information, whether from State or
Federal sources.
SEC. 40608. RECOMMENDATIONS ON INTRASTATE COMMUNICATION.
The State Justice Institute, after consultation with nationally
recognized nonprofit associations with expertise in data sharing



                                  187

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.
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 (including stalking) as
part of the National Incident-Based Reporting System (NIBRS).
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.
SEC. 40611. DEFINITIONS.
As used in this subtitle--
(1) the term "national crime information databases" refers to the
National Crime Information Center and its incorporated criminal history
databases, including the Interstate Identification 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 communication 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(a)(1)) is amended--
fl) in subparagraph (A)--
(A) by inserting "(i)" after "(A)",
(B) by redesignating the second sentence as clause (ii),
and
(C) by adding at the end the following new 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(b)(2)(A)(i), and
who has resided in the United States with the alien's spouse may file a
petition with the Attorney General under this subparagraph for
classification of the alien (and any child of the alien if
                                  188

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 General under this subparagraph for
classification of the alien under such section if the alien dem-
onstrates 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
"(IV the alien is a person whose deportation, in the opinion of the
Attorney General, would result in extreme hardship to the alien.";
(2) in subparagraph (B)--
(A) by inserting "(i)n 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 permanent 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 (V and (Il) 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--
"(V 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
"(IV 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:


189

"(H) In acting on petitions filed under clause (iii) or (iv) of sub-
paragraph (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 an alien who,n
and inserting "for the classification of the spouse of an alien if
the alien,"; and
(B) in subparagraph (B) by striking "by an alien whose
prior marriage" and inserting "for the classification of the spouse of
an alien if the prior marriage of the alien".
(2) Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1161(b)(2)(A)(i)) is amended by striking "204(a)(1)(A)" and
inserting"204(a)(1)(A)(ii)".
(c) SURVIVAL RIGHTS To PETITION.--Section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) is amended by adding at the end the
following new subsection:
"(h) The legal termination of a marriage may not be the sole basis for
revocation under section 20~; of a petition filed under subsection
(a)(1)(A)(iii) or a petition filed under subsection (a)(V(B)(ii)
pursuant to conditions described in subsection (a)(1)(A)(iii)(V.".
(d) EFFECTIVE DATE.--The amendments made by this section shall take
effect January 1, 1995.
SEC 40702. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIVER APPLICATIONS.
(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) shall take
effect on the date of enactment of this Act and shall 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 paragraph
(2); has been physically present in the United States for a con-
tinuous 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
                                  190
nt t resident ~ =subJected to et

Unt~ted States the alienP was atnhdatisdUring all of such tlme in
tehnet er, and IS a person whose deportation would, in the opinion orf
the aAltite°nr,snepYarGeennteral~hr.elSdUIt in extreme hardship to the
alien
tu~n an~ection 244 of the Immigra

nleiycaGteneraT shall cons~der any crediole evidence relevan)t
tohethAetta°pr

wfetlhghtAto be given th4t evldencfe shaaltl ebVeidwentchei iShCredible
and the

TITLE V--DRUG COURT~

SEC. 50001. DRUG COURTS.

tSiOane !~jt~rc~     f 1968 (42 U.S.C 3711 et seq.), as
amendnedr°blyasencd

(1) by redesignating part V as part W (2) by redesignating section 2201
as section 2301- and (3) by ~nsertlng after part U the following new
part:

"PART V--DRUG COURTS

"SEC. 2201. GRANTAUTHORITY.

l C°UrtS units of local gOyuernnameengtrantd to States, State cOurts

private entitige6~ for pryogorramhsrothgth iagrleements with other
public or (1) continuing judicial superuision over offenders with sub-
stance abuse problems who are not violent offenders; and

services, which shall include--       f     anctions and
"(A) mandatory periodic testing for the use of con trolled substances
or other addictive substances during any period of supervised release
or probation for each partici

"(B) substance abuse treatment for each participant

inVolv~ng the possibility of pnr'Osoecuot.ther Supervised
releasecarceration based on noncompliance with program requirements or
failure to show satisfactory progress; and
(D) programmatic, offender management, and aftercare services such as
relapse prevention, health care ed ucation, vocational training, job
placement, housing placement, and child care or other family support
services r each participant who requires such services

191

"SEC 2202. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.
~The Attorney General shall--
"(V issue regulations and guidelines to ensure that the programs
authorized in this part do not permit participation by 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.

~SEC 2203. DEFINITIOM
"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
.      ∙      fel ime of "(2) has one or more prlor convlctlons for a
ony cr violence involving the use or attempted use of force against a
person with the intent to cause death or serious bod~ly harm.

"SEC. 2204. ADII~NISTRATION.
(a) CONSULTATION.--The Attorney General shall consult with the
Secretary of Health and Human Services and any other appropriate
officials in carrying out this part.
"(b) USE OF COMPONENTS.--The Attorney General may utilize any component
or components of the Department of Justice ln 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

"(2) explain the applicant's inability to fund the program
adequately without Federal assistance;
"(3) certify that the Federal support provided will be used
to supplement, and not supplant, State, Indian tribal, and localsources
of funding that would otherwise be available;
"(4) identify related governmental or community initiatives
which complement or will be coordinated with the proposal;
"(~) certify that there has been appropriate consultation
with all affected agencies and that there will be appropriate co-
ordination with all affected agencies in the implementation of
the program;

R1-787 O--94--7 QL 3
192

"(6) certify that participating offenders will be supervised
by one or more designate 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 evaluating the
program."SEC 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 General 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. Geographic Distribution.
"The Attorney General shall ensure that, to the extent practical an
equitable geographic distribution of grant awards is made.

~SEC. 2208. REPORT.
"A State, Indian tribal government, or unit of local government t at
receives funds under this part during a fiscal year shall submit
to the Attorney General a report in March of the following year re-
garding the effectiveness of this part.
"SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION
(a) TECHNICAL ASSISTANCE AND TRAINING.--The Attorney Genera 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 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 Safe Streets Act of 1968 (42 U S C
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.

                                  193

"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--TRANSMISSION-EFFECTIVE DATE-REPEALER

~Sec. 2301. 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 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

"(1) $100,000,000 for fiscal year 1995;
"(2) $150,000,000 for fiscal year 1996;
"(3) $200,000,000 for fiscal year 1997;
"(4) $250,000,000 for fiscal year 1998;
"(5) $300,000,000 for fiscal year 1999; and
"(6) $300,000,000 for fiscal year 2000.".

SEC. 5002. 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 authorized 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), including 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 and Safe
Streets Act of 1968, the Comptroller General shall consider, 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

SEC. 60001. SHORT TITLE.
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 11 of title 18, United States Code, is amended by
inserting after chapter 227 the following new chapter:


                                  194

"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 if 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 3693--
"(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 sect-
ion , 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--
(1) an offense referred to in section 408(c)(1) of the Controlled
Substances Act (21 U.S.C 848(c)(1)), committed as part a continuing
criminal enterprise offense under the conditions ascribed in subsection
(b) of that section which involved not less than twice the quantity of
controlled substance described in subsection (b)(2)(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 Controlled
Substances Act (21 U.S.C. 848(c)(l)), 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,

195

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 sec-
tion 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, regardless 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 punished by death.
"(5) NO PRIOR CRIMINAL RECORD.--The defendant does 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 criminal 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 sen

"(b) AGGRAVATING FACTORS FOR ESPIONAGE AND TREASON.--In determining
whether a sentence of death is justified for an 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 r which notice has
been given and determine which, if any, exist:
"(1) PRIOR ESPIONAGE OR TREASON OFFENSE.--The defendant has previously
been convicted of another offense involving espionage or treason for
which a sentence of either life imprisonment 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.
                                  196

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 commission or attempted
commission of or during the immediate tight from the commission of an
offense under section 32 (destruction of aircraft or aircraft
facilities), section 33 (destruction 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 Justices) 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 ln 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 affecting interstate commerce by explosives),
section 1116 (killing or attempted killing of diplomats), section 1203
(hostage taking) 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 hasps 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 ln section 921) against another
person.
(3) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A SENTENCE 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 a sentence of
death was authorized by statute.
(4) PREVIOUS CONVICTION OF OTHER SERIOUS OFFENSES.--
e 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.


197

(6) HEINOUS, CRUEL, OR DEPRAVED MANNER OF COMMITTING OFFENSE.--The
defendant committed the offense ln an especially heinous, cruel, or
depraved manner ln that it involved torture or serious physical abuse
to the victim.
"(7) PROCUREMENT OF OFFENSE BY PAYMENT.--The defendant procured the
commission of the offense by payment, or promise of payment, of
anything of pecuniary value.
"(8) PECUNIARY GAIN.--The defendant committed the offense as
consideration for the receipt, or ln the expectation of the receipt, of
anything of pecuniary value.
"(9) SUBSTANTIAL PLANNING AND PREMEDITATION.--The defendant committed
the offense after substantial planing and premeditation to cause the
death of a person or commit an act

(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 particularly vulnerable
due to old age, youth, or infirmity.
(12) CONVICTION FOR SERIOUS FEDERAL DRUG OFFENSES-- The defendant had
previously been convicted of violating title n or In 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 USC. 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 president 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;
"(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 servant.
                                  198

For purposes of this subparagraph, a 'law enforcement officer' is a
public servant authorized by law or by a Government 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 PENALTY.--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 SENTENCE 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 imprisonment 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 firearm to threaten, intimidate, assault, or
injure a person.
(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 Controlled 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
b~ section 419 of the Controlled Sub






                                  199

stances 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 substance (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
justified

(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 circumstances 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;
"(2) before a jury impaneled for the purpose of the hearing

"(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;
                               REDO 200

"(C) the jury that determined the defendants discharged for good cause;
or
"(D) after initial imposition of a sentence and section,
reconsideration of the sentence under this sect necessary; or
               zon "(3) before the court alone, upon the m~Dtion of th
ant and with the approval of the attorney rfor the gOVern f n' A jury
impaneled pursuant to paragraph (2) ~:hall consi,t members, unless, at
any time before the conclu~ion of the hea f 1 the parties stipulate,
with the approval of the ~^ourt, that it sh consist of a lesser number.
                        a (C) PROOF OF MITIGATING AND AGGnAAVAT/rVG
FACTORS w~thstanding rule 32(c) of the Federal Rules of Griminal Proced
when a defendant is found guilty or pleads g~ilty to an under section
3591, no presentence report shall ~;e prepared A

sent.Dnrir10 hD~7rin~t ;n~        . L_ __   . .        t th~
sentencing heari ' i f r ---ti--~ Vbv~          parea At the relevant
to the sentence, including any mitigati ng or aggrava
factor permitted or required to be considered under section 3592 Ir
formation presented may include the trial transc~ipt and exhibits if
the hearing is held before a jury or judge not ~resent during the~
trzal, or at the trial judge's discretion. The defer~dant may present
any information relevant to a mitigating factor~ The governmen-- may
present any information relevant to an agg~avating factor fo~ w~ich
notice has been provided under subsection ~a)- Information i--
adm~sszble regardless of its admissibility under t~e rules governinl--
admlssion of evidence at criminal trials except that informatio
may be excluded if its probative value is outweig~ed 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 sha~l be given fair op-
portunity 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 permitted to
reply. The government shall then be permitted to reply in rebuttal. The
burden of establishing the existence of al~y 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 informat~on.
(d) RETURN OF SPECIAL FINDINGS.--The jury, or if there is r20 Jury, the
court, shall consider all the information received during the hearing
It shall return special findings identi~ing any aggr~vating factor or
factors set forth in section 3592 found to exist a~ld any other
aggravating factor for which notice has been providt7d 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 r~gardless of the number of
jurors who concur that the factor has been established. A finding with
respect to any aggrauating famust be unanimous. If no aggravatin~
factor set forth in secti

201

,und to exist, the court shall impose a sentence other than

RE~rTRN. OF A FINDING CONCERNING A SENTENCE OF

_If)in thoffenaSsee dfescribed in section 3691(a)(1), an aggravatfactor
required to be considered under section 3592(b) is d to exist;
a(2) an offense described in section 3591(a)(2), an aggravat, factor
required to be consldered under section 3592(c) LS

"(3) an offense described in section 3591(b), an aggravating tor
required to be considered under section 3592(d) is found . exist,
ry, or if there is no jury, the court, shall consider whether all
~gravating factor or factors found to exist sufficiently outweigh e
~nitigating factor or factors found to exist to justify a senof death,
or, in the absence of a mitigating factor, whether the vating factor or
factors alone are sufficient to Justify a senof death. Based upon this
consideration, the Jury by unanivote, or if there is no jury, the
court, shall recommend whether

~und to exist,

e defendant should be sentenced to death, to life imprisonment ~thout
possibility of release or some other lesser sentence.
"(f) SPECIAL PRECAUTION TO ENSURE AGAINST DISCRIMINAON.--In a hearing
held before a jury, the court, prior to the return a finding under
subsection (e), shall instruct the jury that, in condering whether a
sentence of death is justified, it shall not conszder 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 consideration of
the race, color, religious beliefs, national orif~in, 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 ace, color, religious beliefs, national origin, or sex
of the defendant any vzctim may be.

. Imposition of a sentence of death

~- upon a recommendation under section 3~93(e) that the defend-
;8hould be sentenced to death or life imprisonment without possi-
b of release, the court shall sentence the defendant accordingly.
~- ~erWzse, the court shall impose any lesser sentence that iS author-
_e.d by law. Notwithstanding any other law, if the maximum term
isonment for the offense is life imprisonment, the court may
pose a sentence of lifie imprisonment without possibility of release.

~3595. Review of a gentence of death

fQ) APPEAL.--In a case in which a sentence of death is imposec~, the
sentence shall be subject to review by the court of appeals C~ 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--
"( ) the evidence submitted during the trial;
"(2) the information submitted during the sentencing hear-

ng;

"(3) the procedures employed in the sentencing hearing; and "(4) the
special findings returned under section 3693(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 influ
ence of passion, prejudice, or any other arbitrary factor;
"(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 re
quiring reversal of the sentence that was properly preservedfor appeal
under the rules of criminal procedure, the court shall remand the case
for reconsideration under section 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 Government 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.

"~359fi Implementation of a senter~ce 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 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 carried out upon
a woman while she is 7~re~nant.

"(c) MENTAL CAPACIT~ A sentence of death shall not be car-

I ried out upon a person who is mentally retarded. A sentence of deat~
shaZ not be carried out upon a person who, as a result of mental
disability, lacks the mental capacity to understand the death penalty
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 amo~nt
approved by the Attorney General.
(b) EXCUSE OF AN EMPLOYEE ON MORAL OR RELIGIOUS GRO~'NDS.--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, ~o be in attendance at or to
participate in any prosecution or execution under this section if such
participation is contrary to the rnoral or religious convictions of the
employee. In this subsection, 'participation in executions' includes
personal preparation of the condemned individual and the apparatus used
for execution and supervision of the activities of other personnel in
carrying out such activities.

"3598. 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 solely on Indian country (as
defined in section 1151 of this title) and which has occurred within
the boundaries of Indian country, unless the governing 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 18r
Ur~ited States Code, is amended by inserting after the item relating to
chapter 227 the following new item:

~a2s. Death llentence .................. 3591".

SEC. 60003. SPECIFIC OFFENSES FOR WHICH DEATH PENALTY IS AUTHORlZED.
(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 court, further finds that the offense
resulted in the identification by a foreign power (as defined in
section 101(a) of the Foreign Intel
                                  202

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 hearing;
"(3) the procedures employed in the sentencing hearing and "(4) the
special findings returned under section 3593(dj. "(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 factor
"(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 preserved for appeal under the rules
of criminal procedure, the court shall remand the case for
reconsideration under section 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
Government 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 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 carried out upon
a woman while she is pregnant.


203

"(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, as a result of mental disability,
lacks the mental capacity to understand the death penalty 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
participation 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 apparatus used
for execution and supervision of the activities of other personnel in
carrying out such activities.

"3598. 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 solely on Indian country (as
defined in section 1151 of this title) and which has occurred within
the boundaries of Indian country, unless the governing 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 n 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 WHICH 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 court, further finds that the offense
resulted in the identification by a foreign power (as defined in
section 101(a) of the Foreign Intel-
                                  204

ligence 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 spacecraft or
satellites, early warning systems, or other means of defense or
retaliation against large-scale attack; war plans communications
intelligence or cryptographic 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.--The second undesignated paragraph of section 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 inserting 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 ~or 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:
"(1) for murder, by death or life imprisonment, or a fine of not more
than $250,000, or both; and for kidnapping, by im-

                                  205

prisonment 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 inserting ", or
sentenced to death.n 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.--Chapter 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.

SEC. 60004. APPLICABILITY OF 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 imprisonment, 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 program center, or Federal
halfway house.
"'murder' means a first degree or second degree murder (as defined in
section 111V.
"'term of life imprisonment' means a sentence for the term of natural
life, a sentence commuted to natural life, an indeterminate term of a
minimum of at least fifteen years and a maxi
mum 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 period at the end of the
last sentence and inserting " or may be sentenced to death.".
                                  206

(c) FEDERALLY PROTECTED ACTIVITIES.--Section 245(b) of title 18, United
States Code, is amended in the matter following paragraph (5) by
inserting ", or may be sentenced to death" after "or for

(d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUCTION OF THE FREE EXERCISE OF
RELIGIOUS RIGHTS.--Section 247(c)(1) of title 18, Un~ted States Code,
is amended by inserting " or may be sentenced to death" after "or
both".

SEC. 60007. DEATH PENALTY FOR THE MURDER OF FEDERAL LAW ENFORCEMENT
OFFICIALS.
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 WEAPONS TO
FURTHER DRUG CONSPIRACIES.
~a! SHORT TITLE.--This section may be cited as the "Drive-By Shooting
Prevention Act of 1994".
(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 section 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.

(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 mame,
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 de
fined in section 1111(a)), be fined under this title, imprisoned for
any term of years or for life, or both.".
(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:

                                  207

"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 General, 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 law.fully
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 60005(a), is amended by adding at the end
the following new item:
~1119. Foreign murder of United States nationals.n.

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.".
(b) TECHNICAL AMENDMENT.--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.".
208

SEC. 60011. DEATH PENALTY FOR SEXUAL EXPLOITATION OF CHILDREN.
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. Murder by escaped prisoner*."

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 AN~D ATTEMPTED HOMICIDES INVOLVING FIREARMS IN
FEDERAL FACILITIES.
Section 930 of title 18, United States Code, is amended--
(1) by redesignating subsections (c), (d), (e), and (fl as sub
sections (d), (e), (fl, 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 or other dangerous
weapon, shall be punished as provided in sections 1111, 1112, and
1113.".

                                  209

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 en-
forcement 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 impris-
onment 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 providing
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
Dunishment for an offense under this section is--
                                  210

"(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. PROHIBITION 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 paragraph (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(a)(2)(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 intentionally--
"(A) seizes or exercises control over a ship by force or
threat thereof or any other form of intimidation;


                                  211

"(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;
"(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 navigational 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 information to be false and
under circumstances in which such information may reasonably be
believed, thereby endangering 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 subparagraphs (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 per
son whose habitual residence is in the United States;
"(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:
                                  212

"(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
"(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 covered 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 appropriate 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, whenever 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 authorities 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 scheduled 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 international law.
"'ship' means a vessel of any type whatsoever not permanently attached
to the sea-bed, including dynamically 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 possessions of the United States.

                                  213

"2281. Violence against maritime fixed platforms

"(a) OFFENSES.--
'(1) IN GENERAL.--A person who unlawfully and intentionally--
"(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 anything prohibited under subparagraphs (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 T~ SAFETY.--A person who threatens to do anything
prohibited under paragraph (1) (B) or (C), with apparent 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 ~ 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 offender 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

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,
                                  214

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--
"'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 purpose 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 baseline of the United States
determined in accordance with international 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 possessions 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 flu~ed platforms."
(c) EFFECTIVE DATES.--This section and the amendments mad.e 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 Convention; 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--





                                  215

"(1) performs an act of violence against a person at an air
port serving international civil aviation that causes or ~s likely
to cause serious bodily injury (as defined in section 1365 of this
title) or death; or
"(2) destroys or seriously damages the facilities of an air
port 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 l~fe.
"(b) JuRIsDIcTIoN.--There is jurisdiction over the prohibited activity
in subsection (a) if--
"(1) the prohibited activity takes place in the United States;

States and the offender is later found in the United States.
"(c) It is a bar to Federal persecution under subsection (a) for
conduct that occurred within the United States that the conduct in-
volved 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 NorrisLaGuardia 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.".

(c) EFFECTIVE DATE.--The amendment made by subsection (a) shall take
effect on the later of--
(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 Aviation, 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(a)(1) 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) the prohibited actiuity takes place outside the United
                                  216

"(2) against any person within the United States; or
"(3) against any property that is owned, leased or used by the United
States or ~ any department or agency of the United States, whether the
property is within or outside of the United States,
shall be imprisoned for any term of years or for life, and if death
results, shall be punished b:y death or imprisoned for any term of
years or for l~fe
(b) DEFINITIONS.--For purposes of this section--
"(1) the term 'natiOnal of the United States' has the meaning given in
section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1l01(a)(22)); 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) knowing";
(C) by striking~ "(B) knowing" and inserting~ "(ii) knowing";
(D) by striking "(C) knowing~ and inserting "(iii) knowing";
(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 subparagraph:
"(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, imprisoned 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




                                  217

serious bodily injury (as defined in section 1365 of title 18,
United States Code) to, or places in jeopardy the life of, any per-
son, 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
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 viola-
tion of subparagraph (B)(ii), imprisoned not more than 10
years, or both; or in the case of a violation of subparagraph
(B)(i) or (B)(iii), 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 defendant's request,
assign 2 such counsel, of whom at least 1 shall be learned in the law
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 recommendation 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 IMPRISONMENT FOR PERSONS CONVICTED of CERTAIN
FELONIES

SEC. 70001. MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED 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
                                  218

"(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 under this subsection, other than the first, was
committed after the defendant's conviction of the preceding serious
violent felony or serious drug offense.
"(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 by which a person
intentionally places another person in fear of 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 building, 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) ff the firearm was
brandished, discharged, or otherwise 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 designation 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 commit rape; aggravated sexual
abuse and sexual abuse (as described in sections 2241 and 2242);
abusive sexual contact (as described in sections 2244 (a)(V and
(a)(2)); kidnapping; aircraft piracy (as described in section 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;






                                  219

"(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 Substances Import and Export Act (21
U.S.C. 960(b)(1)(A)); or
"(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(b)(1)(A) of the Controlled
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 establishes 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 government 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 boundaries 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 CONVICTION.--If the
conviction for a serious violent felony or serious drug offense that
was a basis for sentencing under this subsection is found, pursuant to
any appropriate State or Federal procedure, to be unconstitutional or
is vitiated on the explicit
                                  220

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 AUTHOR~ TO BUREAU OF PRISONS. Section
3582(c)(V(A) of title 18, United States Code, is amended--
(1) so that the margin of the matter starting with "extraordinary" and
ending with "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 defendant is not a danger to the safety of
any other person or the community, as provided under section 3142(g);".

TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN
CASE.~

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:
ff) 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 Commission under section 994 of title 28 without
regard to any statutory minimum sentence, if the court finds at
sentencing 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;





221

"(4) the defendant was not an organizer, leader, manager, or supervisor
of others in the offense, as determined under the sentencing
guidelines; and
"(5) not later than the time of the sentencing hearing, the defendant
has provided to the Government all information the defendant has
concerning the offense or offenses that were part of the same course of
conduct 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 shall not preclude a
determination by the court that the defendant has complied with this
requirement, and a defendant sentenced before this subsection takes
effect shall be deemed to have satisfied the requirement of this para-
graph if such defendant--
"(A) received an adjustment under the sentencing guidelines for
acceptance of responsibility;
"(B) received a sentence below the applicable guideline range for
having provided substantial assistance in the investigation or
prosecution of another person who has committed an offense; or
"(C) provides to the Government, after moving for resentencing and
before determination of that motion, all information that the defendant
has concerning the offense or offenses that were part of the same
course of conduct or of a common scheme or plan.
(b) SENTENCING COMMISSION AUTHORITY.--
(1) IN GENERAL.~A) The United States Sentencing Commission (referred to
in this subsection as the "Commission"), 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 imprisonment 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.
(C) EFFECTIVE DATE AND APPLICATION.--The amendment made by subsection
(a) shall apply to all sentences imposed on or after the 10th day
beginning after the date of enactment of this Act.

SEC 80002. Special RULE.
(a) OFFENSES SUBJECT TO SENTENCING GUIDELINES.--For the purpose of
section 3582(c)(2) of title 18, United States Code, with re
222

spect to a prisoner who, as determined by the court, has demonstrated
good behavior while in prison, the changes in sentencing
made as a result of this title shall be deemed to be changes in the
sentencing ranges by the United States Sentencing Commission pursuant
to section 994(o) of title 28, United States Code.
(b! OFFENSES NOT SUBJECT TO SENTENCING GUIDELINES._ Notwithstanding any
other provision of law, a defendant serving a term of imprisonment who-
-
(1) was convicted of an offense that occurred prior to November 1,
1987, or was sentenced as if the offense had occurred before such date;
(2) meets the criteria set forth in section 3553(f) of title 18, United
States Code; and
(3) has demonstrated good behavior while in prison, shall be eligible
for release consideration under the provisions of chapter 311 of title
18, United States Code (as such provisions remain applicable to an
individual who committed an offense prior to November 1, 1987). Such a
release determination shall be made pursuant to the guidelines and
policy statements issued by the United States sentencing Commission.

TITLE IX--DRUG CONTROL
Subtitle A--Enhanced Penalties and General Provisions

SEC.90101. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING IN PRISON
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)(V(A), by inserting after "a firearm or
destructive device" the following: "or a controlled substance in
schedule I or II, other than marijuana or a controlled substance
referred to in subparagraph (C) of this subsection";
(3) in subsection (d)(V(B), by inserting before "ammunition, the
following: "marijuana or a controlled substance in schedule III, other
than a controlled substance referred to in subparagraph (C) of this
subsection,";
(4) in subsection (d)(V(C), by inserting "methamphetamine, its salts,
isomers, and salts of its isomers," after "a narcotic rug,;
(5) in subsection (d)(V(D), by inserting "(A), (B), or" before
(6) in subsection (b), by striking "(c)" each place it appears and
inserting "(d)".











                                  223

SEC 90102. INCREASED PENALTIES FOR DRUG DEALING IN "DRUG FREE" ZONES.
Pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall am~nd its
sentencing guidelines to provide an appropriate enhancement for a
defendant convicted of violating section 419 of the Controlled Sub-
stances Act (21 U.S.C. 860).
S~C 90103. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN FEDERAL 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. 90105. 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 Substances
Act (21 U.S.C. 841(b)(1) (B), (C), and (D)) and sections 1010(b) (V,
(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 beginning "If any person commits" by striking "one or more
prior convictions" through "have become 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 depressant or
stimulant drugs, have become final" and inserting "one or more


224

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
restrict its conduct relating to narcotic drugs, marihuana, or de-
pressant 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 subsection:
"(c) It shall be unlawful for any person to place in any newspaper
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 substance 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 substance. 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.".
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 of a major
violent crime or drug-related emergency exists 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.
(I) 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

          225

local government, respectively (or in the case of the District of
Columbia, the mayor), and shall be forwarded to the Attorney General in
such form as the Attorney General may by regulation 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 subsection.
(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 t 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 alleviating 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 section is
intended to achieve those goals.
(f) REVIEW PERIOD.--The Attorney General shall review a 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 reimbursement, to
utilize its authorities and the resources granted to it under Federal
law (including personnel, equipment, supplies, facilities, financial
assistance, and managerial, technical, and advisory services) in
support of State and local assistance efforts- and
(2) provide technical and advisory assistance, including communications
support and law enforcement-related intelligence information.
(h) DURATION OF FEDERAL ASSISTANCE.--
(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 be-
                                  226

yond 1 year. The President may extend the provision of Federal
assistance for not more than an additional 180 days
(z) 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 General.

Subtitle B--NATIONAL NARCOTICS
LEADERSHIP ACT AMENDMENTS

SEC. 90201. IMPLEMENTATION OF NATIONAL DRUG CONTROL STRATEGY

(a) PROGRAM BUDGET.--Section 1003(c) of the National Narcotics
Leadership Act of 1988 (21 U.S.C. 1502(c)) is amended--
(1) by redesignating paragraphs (5), (6), and (7), as paragraphs (6),
(7), and (8), respectively; and
(2) by inserting after paragraph (4) the following new para

"(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

(1) by striking "and " at the end of paragraph (6)
(2) by striking the period at the end of paragraph (7) and
(3) by adding at the end the following new paragraph:
(8) provide, by July 1 of each year, budget recommendations to the
heads of departments and agencies with responsibilities under the
National Drug Control Program, which recommendations 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

(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 department or agency shall comply with such a request;
(B) by striking "and " at the end of paragraph (6);




                                  227

(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 per-
cent of the amount appropriated to either account, upon ad-
vance 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
(1)"; and
(2) by adding at the end the following new subsections:
"(f) FUNDS CONTROL NOTICES.~V 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 administrative
discipline, including, when circumstances warrant, suspension 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 Strategy, 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:
(f) 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.".
                                  228

SEC 90203. NATIONAL DRUG CONTROL STRATEGY OUTCOME MEASURES.

Section 1005(a) of the National Narcotics Leadership Act of 1988 (21
U.S.C. 1504(a)) is amended--
(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, including-- "(A) assessment of the
reduction of drug use, including estimates of drug prevalence and
frequency of use as measured by national, State, and local surveys of
illicit drug use and by other special studies of--
"(i) high-risk populations, including school dropouts, 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 marijuana 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 programs 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

L ~                 _ L ~
"(i) burdens drug users placed on hospital emergency 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










                                  229

"(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 actually used, including data on intravenous drug users and
pregnant women;
"(ii) the extent, within each State, to which treatment is available,
on demand, to intravenous drug users and pregnant women;
"(iii) the number of drug users the Director estimates could benefit
from treatment; and
"(iu) 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 relatiue quality of substance abuse treat-
ment 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 February 1, 1995, and with
euery second such strategy submitted thereafter--
"(A) an assessment of the quality of current drug use measurement
instruments and techniques to measure supply reduction and demand
reduction activities;
"(B) an assessment of the adequacy of the couerage 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
auailability of treatment services to those seeking it and proposed
administratiue or legislative remedies to make treatment available to
those individuals.
"(6) Federal agencies responsible for the collection or estimation 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 auailability in the United States, including an
estimate of the effectiveness of interdiction, treatment, preuention,
law enforcement, and international programs under the National Drug
Control Strategy in effect in the preceding year in reducing drug use
and auailability.".
230

SEC.90204. COUNTER-DRUG TECHNOLOGY AssEssMENT CENTE~
(a) DRUG ABUSE ADDICTION AND RENABILITATION CENTER.-- Section 1003A of
the National Narcotics Leadership Act of 1988 (21 U.S.C. 1502a(c)(1))
is amended--
(1) by redesignating subparagraphs (B), (C), and ~D) as
subparagraphs (C), (D), and (E), respectiuely; 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 the application of technology to expanding
the effectiveness or auailability of drug treatment;".
(b) ASSISTANCE FROM THE ADVANCED RESEARIn PROJECT AGENCY.--Section
1003A of the National Narcotics Leadership Act of 1988 (21 U.S.C.
1502a) is arnended by adding at the end the following:
"(19 ASSISTANCE AND SUPPORT TO OFFICE OF NATIONAL DRUG CONTROL POLICY.-
-The Director of the Aduanced Research Project Agency shall, to the
fullest extent possible, render assistance and support to the Office of
National Drug Control Policy and its Direc

(c) REPEAL AND REDESIGNATION.--The National NarcoticsLeadership Act of
1988 is amended by--
(1) repealing 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
(b) of this section, as section 1008; and
(3) mouing such section, as redesignated, so as to follow
section 1007. SEC.90205. SPECL~L FORFElTURE FU~D AMENDMENTS.
(a) DEPOSITS INTO SPECIAL FORFEITURE FUND.--Section 6073 of the Asset
Forfeiture Arnendments 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 FORFEITURE 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
established 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 Forfeiture Fund does
not exceed $100,000,000.

231

"(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 auailability of amounts in the subsequent fiscal
year for purposes authorized under paragraph (V.".
(c) TRANSFERS FROM DEPARTMENT OF THE TREASURY FORFEITURE 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:
"(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 Forfeiture Fund does
not exceed ~J;100,000,000."; and
(2) in subparagraph (4)(A)--
(A) in clause (i) by striking a(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 sub-
sections (d), (e), (f), and (g), respectiuely; and
(2) by inserting after subsection (b) the following new sub
section:
(C) SUPER SURPLUS.~I) Any unobligated balance up toS20,000,000
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
actiuities 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 aduance
written approval of the Committees on Appropriations of each House of
Congress.".
SEC. 90206. AUTHORIZATION OF APPROPRL4TIONS.
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 insertin~ "up to
75 and such additional".
SEC. 9020~,'8. TER~I~N TION OF OFFIC~ OF A1'ATION~IL DRUG CONTROL

(a) R-gEAuTHoRlzATloN.~ection 1009 of the ~ational Narcotics
Leadersh~ip Act of 1988 (21 U.S.C. 1506) iS ~lr~lended by striking "the
date which is 5 years after the date of theenactment of thiS subtitle"
aand in~erting "September 30, 1997"
(b) C~ONTINUED EFFEcTIvENEss---The Nati°n~l Narcotics Lead ership AC t
of 1988 (21 U.S.C. 1501 et seq-) shallbe considered not to have b.oeen
repealed by operation of section loa9 of that ACt bUt shall remQain irl
effect aS if the amendment made by subsection (a
had been included in that ACt on the date of its er~ctment,

TITL~E X--DRUN~ DRlVlNG PRovIsloNs

SEC. 1000001. SHORT TITLE.
ThiS title rlay be cited aS the "Drunk Drivin~ Child Protection Act of
19~4".

SEC. looo~D2 STArE LAWS App~lED ll~r AREAS OF P~DERAL ~rUR/SD/c.

&ctiCDn 13(b) of title 18, United St,,ates Code, is amended--
(~1) by striking "For purposeS and inserti~g "(I) Subject to
para~Fraph (2) and for purposes"; and
(~) by adding at the end the following neWparagraph:
"(2)(Ao In cddition to any term of imprisonrnent provided for operating
a motOr vehicle under the influence of c drug or alcohol imposed ~nder
the law of a state, temtory, p°Sse~sionJ or district the punis~hmentfor
such an offense ~nder thiS sect~On shall include an additi~onal term of
imprisonment of not more tkan I year, or if serious b~dily injury of a
minor is caused, not more than 5 yearS or if deat~~h of a minor is
caused, not more than 10 yearS and an additiona~l fine of not more than
$1,000, or both, if_ '
"(~(i) a rninor (other than the offender) was present in the
motor~ vehicle when the offense waS committed; and
"~fii) the law of the stateJ territ°ryJ p°Ssession~ or district in
WhichQ the offense occurred does not provide an additional term of
imiprisonment under the cirCumstances described in clause (~).
"(B) ~For the purposeS of subparagr,,aPh (A), the term 'minor' means a
poerson less than 18 years of age. .

SE,C. 10000.~3. DRIVING WHILE INTo~cATED PROSEClrTIoN PROGRAM

Sectio~n 501(b) of the Omnibus Crime Control Qnd Safe Streets Act of
196.'8 (42 U.S.C, 3751) iS amended--
(Zg) by striking "and" at the end of paragraPh (20);
(~) by striking the period at the end of parQgraph (21) and

insert~ng; and"; and
(38) 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 al-
cohol . use and the op ration of motor uehicles. n

TITLE XI--FIREARMS

Subtitle A--Assault Weapon~

SEC. 110101. SHORT TITLE.
This subtitle may be cited as the "Public Safety and Rec.~ reational
Firearrns Use Protection Act"
~ SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POS -
SESSION OF CERTAIN SEMIAUTOMATIC ASSAULT Wl~AP
-        ONS.
(a) RESTRICTION.--Section 922 of title 18, United States Code,
i8 amended by adding at the end the following new subsection:
"(v)(V It shall be unlawful for a person to manufacture, trans-
fer, or poSSeSS a semiautomatic assault weapon.
"(2) Paragraph (I) 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 (I) 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 firearms were
manufactured on October 1, 1993;
"(B) any firearm that--
"(i) is manually operated by bolt, pump, leuer, or slide
act~on;
"(ii) has been rendered permanently inoperable; or
"(iii) is an antique firearm;
"(C) any semiautomatic rifle that cannot accept a detachable 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 con-
strued to mean that para~raph (I) applies to such firearm. No firearm
exempted by this subsection may be deleted from Appendix A so long as
this subsection is in effect.
"(4) Paragraph (I) 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 subdivision of a State, or a transfer
to or possession by a law enforcement ofificer employed by such an
entity for purposes of law enforcement (whether on or offduty);
"(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 secur~ty organ~zat~on required by
Federal law, or possession by an employee or contractor 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
23~

SEC 90208. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL

(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 Lead ersh~p 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, bu~ shall rema~n in
effect as if the amendment made by subsection (a~ had been included in
that Act on the date of its enactment.

TITLE X--DRUNK DRIVING PROVISIONS

SEC.100001. SHORT TITLE.
This title may be cited as the "Drunk Driving Child Protection Act"

SEC 100002. STATE LAWS APPLIED IN AREAS OF FEDERAL JURISDICTION

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 add~t~on to any term of imprisonment provided for operating
a motor vehicle under the influence of a drug or alcohol ~mposed under
the law of a State, territory, possession, or district the punishment
for such an offense under this section shall include an add~t~onal term
of imprisonment of not more than 1 year, or if ser~ous bodily injury of
a minor is caused, not more than 5 years or ~f death of a minor is
caused, not more than 10 years, and an add~t~onal fine of not more than
~1,000, or both, if--
(i) a minor (other than the offender) was present in the
motor veh~cle when the offense was committed; and
(~) the law of the State, territory, possession, or district in
which the offense occurred does not provide an additional term
of ~mpr~sonment under the circumstances described in clause

"(B) For the purposes of subparagraph (A), the term 'minor' means a
person less than 18 years of age.".
SEC 100003. DRIVING WHILE ~rToxIcATED PROSECUTION PROGRAA~ 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
~nsert~ng; 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.".



233
TITLE XI--FIREARMS
Subtitle A--Assault Weapon~

SEC. 110101. SHORT TITLE.
This subtitle may be cited as the "Public Safety and Recreational
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:
"(u)(V It shall be unlawful for a person to manufacture, transfer, or
possess a semiautomatic assault weapon.
"(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 firearms 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 detachable 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 con-
strued to mean that paragraph (1) applies to such firearm. No firearm
exempted by this subsection may be deleted from Appendix 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 subdivision of a State, or a transfer
to or possession by a law enforcement 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 contractor 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
                                  234

weapon transferred to the individual by the agency upon such
retirement; or
"(D) the manufacture, transfer, or possession of a semiautomatic
assault weapon by a licensed manufacturer or licensed importer for the
purposes of testing or experimentation authorized 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 Kalashnikous (all
models);
"(ii) Action Arms Israeli Military Industries UZI and Galil;
"(iii) Beretta Ar70 (SC-70);
"(iv) Colt AR-15;
"(v) Fabrique National FN/FAL, FN/LAR, and FNC;
"(vi) SWD M-10, M-11, M-11/9, and M-12;
"(vii) Steyr AUG;
"(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 completely
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




                                  235

"(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
after 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:
"(w)(1) 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 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 subdivision of a State, or a transfer
to or possession by a law enforcement of 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 contractor 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 experimentation authorized by
the Secretary."
(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'--

                                  236

"(A) means--
"(i) a magazine, belt, drum, feed strip, or similar device that has a
capacity of, or that can be readily restored or converted to accept,
more than 10 rounds of ammunition; and
"(ii) any combination of parts from which a device described in clause
(i) can be assembled; but
(B) does not include an attached tubular device designed
to accept, and capable of operating only with, .22 caliber rimfire
ammunition. ".
(c) LARGE Capacity AMMUNITION FEEDING DEVICES TREATED AS FIREARMS.--
Section 921(a)(3) of title 18, United States Code, is amended in the
first sentence by striking "or (D) any destructive device and inserting
"(D) any destructive device; or (E) any large capacity ammunition
feeding device.".
(d) 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 "(u), or (w)".

(e) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION FEEDING
DEVICES.--Section 923(i) of title 18, United States Code, as amended by
section 110102(d) of this Act, is amended b
adding at the end the following: "A large capacity ammunition 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.".

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
trafficking 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 enactment 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).

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
t at 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

Centerfire Rifles--Autoloaders
Browning BAR Mark 11 Safari Semi-Auto Rifle
Browning BAR Mark 11 Safari Magnum Rifle
Browning High-Power Rifle
Heckler ~ Koch Model 300 Rifle


Iver Johnson M-1 Carbine
Iver Johnson 50th Anniversary M-l Carbine
Marlin Model 9 Camp Carbine
Marlin Model 45 Carbine
Remington Nylon 66 Auto-Loading Rifle
Remington Model 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

Centerfire 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 Henry 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
Marlin Model 1894CS Carbine
Marlin Model 1894CL Classic
Marlin Model 1895SS Lever-Action Rifle
Mitchell 1858 Henry 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 Rifle
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 Centurion 14 Sporter
Century Enfield 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. I Sabattz Rover 870 Bolt-Action Rifle
Auguste Francotte Bolt-Action Rifles
Carl Gustaf 2000 Bolt-Action Rifle
Heym Magnum Express Series Rifle
Howa Lightning Bolt-Action Rifle
Howa Realtree Camo Rifle
Interarms Mark X Viscount Bolt-Action Rifle
Interarms Minz-Mark X Rifle
Interarms Mark X Whitworth Bolt-Action Rifle
Interarms Whitworth Express Rifle
Iver Johnson Model 5100Al Long-Range Rifle
KDF K15 American Bolt-Action Rifle
Krico Model 600 Bolt-Action Rifle
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 1100M 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
Ruger M77 Mark 11 Rifle
Ruger M77 Mark 11 Magnum Rifle
Ruger M77RL Ultra Light
Ruger M77 Mark Il All-Weather Stainless Rifle
Ruger M77 RSI International Carbine
Ruger M77 Mark n Express Rifle
Ruger M77VT Target Rifle
Sako Hunter Rifle
Sako Fiberglass Sporter
Sako Safari Grade Bolt Action
Sako Hunter Left-Hand Rifle
Sako Classic Bolt Action
Sako Hunter LS Rifle
Sako Deluxe 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 110G Bolt-Action Rifle
Savage 110CY Youth/Ladies Rifle
Savage 110WLE One of One Thousand Limited Edition Rifle
Savage 110GXP3 Bolt-Action Rifle
Savage 110F Bolt-Action Rifle
Savage 110FXP3 Bolt-Action Rifle
Savage 110GV 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 116FSKKodiak Rifle
Savage 110FP Police Rifle
Steyr-Mannlicher Sporter Models SL, L, M, S, S/T
Steyr-Mannlicher Luxus Model L, M, S
Steyr-Mannlicher Model M Profession~l Rifle
Tikka Bolt-Action Rifle
Tikka Premium Grade Rifles
Tikka Varmint/Continental Rifle
Tikka Whitetail /Battue Rifle
Ultra Light Arms Model 20 Rifle
Ultra Light Arms Model 28, Model 40 Rifles
Voere VEC 9I Lightning Bolt-Action Rifle
Voere Model 2165 Bolt-Action Rifle
Voere Model 2155, 2150 Bolt-Action Rifles
Weatherby Mark VDeluxe 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. I Rifle
Weatherby Weatherguard Alaskan Rifle
Weatherby Vanguard VGX Deluxe Rifle
Weatherby Vanguard Classic Rifle
Weatherby Vanguard Classic No. I Rifle
Weatherby Vanguard Weatherguard Rifle
Wichita Classic Rifle
Wichita Varmint Rifle
Winchester Model 70 Sporter
Winchester Model 70 Sporter WinTuff
Winchester Model 70 SM Sporter
                                  240

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 Buffalo 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. IA Light Sporter
Ruger No. IH Tropical Rifle
Ruger No. IS Medium Sporter
Ruger No. I RSI International
Ruger No. I V Special Varminter
C. Sharps Arms New Model 1874 Old Reliable
C. Sharps Arms New Model 1875 Rifle
C. Sharps Arms 1875 Classic SharDs
C. Sharps Arms New Model 1875 Target & Long Range
Shiloh Sharps 1874 Long Range Express
Shiloh Sharps 1874 Montana Roughrider
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 I Center Contender Carbine Youth Model
Thompson/Center TCR '87 Single Shot Rifle
Uberti Rolline Block Baby Carbine

Drillings, Combination Guns, Double Rifles

Beretta Express SSO O / 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 55BO/U DoubleRifle
Heym Model 55FW OI U Combo Gun
Heym Model 88b Side-by-Side Double Rifle
Kodiak Mk. IV Double Rifle
Kreighoff Teck OI U Combination Gun

241

Kreighoff Trumpf Drilling
Merkel Over/Under Combination Guns
Merkel Drillings
Merkel Model 160 Side-by-Side Double Rifles
Merkel Over/ Under Double Rifles
Savage 24F O / 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 O / U Combo

Rimfire Rifles--Autoloaders

AMT Lightning 25/22 Rifle
AMT Lightning Small-Game Hunting Rifle 11
AMT Magnum Hunter Auto Rifle
Anschutz 525 Deluxe Auto
Armscor Model 20P Auto Rifle
Browning Auto-22 Rifle
Browning Auto-22 Grade Vl
Krico Model 260 Auto Rifle
Lakefield Arms Model 64B Auto Rifle
Marfin Model 60 Self-Loading Rifle
Marlin Model 60ss Self-Loading Rifle
Marlin Model 70 HC Auto
Marlin Model 9901 Self-Loading Rifle
Marlin Model 70P Papoose
Marlin Model 922 Magnum Self-Loading Rifle
Marlin Model 995 Self-Loading Rifle
Norinco Model 22 ATD Rifle
Remington Model 522 Viper Autoloading Rifle
Remington 552BDL Speed master Rifle
Ruger 10/22 Autoloading Carbine (with 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
Rossi Model 62 SAC Carbine
Winchester Model 9422 Lever-Action Rifle
Winchester Model 9422 Magnum Lever-Action Rifle

Rimfire Rifles Bolt Actions & Single Shots

Anschutz Achiever Bolt-Action Rifle
Anschutz 1416DI 1516D Classic Rifles
Anschutz 1418DI 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 Gold Medallion
Cabanas Phaser Rifle
Cabanas Master Bolt-Action Rifle
Cabanas Espronceda lV Bolt-Action Rzfle
242

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 11 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
Nonnco 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--Centerfire & Rimfire

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 11
Anschutz 54.18MS Silhouette Rifle
Anschutz Super Match 54 Target Model 2013
Anschutz Super Match 54 Target Model 2007
Beeman/Feinwerkbau 2600 Tar~et Rifle
Cooper Arms Model TRP-I ISU Standard Rifle
E.A.A / Wezhrauch 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 91T 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-871M-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-l Rifle
Steyr-Mannlicher SSG P-lll Rifle
Steyr-Mannlicher SSG P-IV Rifie
Tanner Standard UIT Rifle
Tanner 50 Meter Free Rifle
Tanner 300 Meter Free Rifle
Wichita Silhouette Rifle

Shotguns--Autoloader

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~03 Auto Shotgun
Beretta 390 Field Auto Shotgun
Beretta 390 Super Trap, Super Skeet Shotguns
Beretta vittoria Auto Shotgun
Beretta Model 1201F 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
Mauerick 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 Premier Skeet
Remington 11-87 Premier Trap
Remington 11-87 Special Purpose Magnum
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 Special Purpose Synthetic Camo
Remington SP-IO Magnum-Camo Auto Shotgun
Remington SP-IO Magnum Auto Shotgun
Remington SP-IO 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
                                  244

Shotguns Slide Actions

Browning Model 42 Pump Shotgun
Browning BPS Pump Shotgun
Browning BPS Stalher Pump Shotgun
Browning BPS Pigeon Grade Pump 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 586-VR Pump Shotgun
Maverick Models 88, 9I Pump Shotguns
Mossberg Model 500 Sporting Pump
Mossberg Model 500 Camo Pump
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
Mossoerg Model 835 Regal Ulti-Mag Pump
Remington 870 Wingmaster
Remington 870 Special Purpose Deer Gun
Remington 870 SPS-BG-Camo Deer/Turkey Shotgun
Remington 870 SPS-Deer Shotgun
Remington 870 Marine Magnum
Remington 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 Pump
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

Shotgun Over Unders

American Arms/Franchi Falconet 2000 O/U
American Arms Silver I OI U
American Arms Silver II Shotgun
American Arms Silver Skeet O/U
American Arms/Franchi Sporting 2000 O/U
American Arms Silver Sporting O/ U
American Arms Silver Trap O7U
American Arms WS/OU 12, TS/OU 12 Shotguns
American Arms WT/OU 10 Shotgun
Armsport 2700 OI U Goose Gun
Armsport 2700 Series O/U
Armsport 2900 Tri-Barrel Shotgun
Baby Bretton Over/ Under Shotgun
Beretta Model 686 Ultralight O/U
Beretta ASE 90 Competition O/U Shotgun
Beretta Over/UnderField Shotguns
Beretta Onyx Hunter Sport O/U Shotgun
Beretta Model S05 S06, SO9 Shotguns
Beretta Sporting Clay Shotguns

redo 245

Beretta 687EL Sporting O/U
Beretta 682 Super Sporting O/U
Beretta Series 682 Competition Over/Unders
Browning Citori O I U Shotgun
Browning Superlight Citor~ Ouer/Under
Browning Lightning Sporting Clays
Browning Micro Citor~ Lightning
Browning Citori Plus Trap Comoo
Browning Citori Plus Trap Gun Browning Citori O / U Skeet Models
Browning Citori O/U Trap Models
Browning Special Sporting Clays
Browning Citori GTI Sporting Clays
Browning 325 Sporting Clays Centurion Over / Under Shotgun
Chapuis Over/Under Shotgun
Connecticut Valley Classics Classic Sporter O/U
Connecticut Valley Classics Classic Field Waterfowler
Charles Daly Field Grade O/U
Charles Daly Lux Over/ Under
E.A.A. / Sabatti Sporting Clays Pro-Gold 0/U
E.AA/Sabatti Falcon-Mon Over/Under
Kassnar Grade I O/U Shotgun
K-80 Sporting Clays O/U
K-80 Skeet Shotgun 'K-80 International Skeet K-80 Four-Barrel Skeet Set
iK,-80/RT Shotguns

Krieghol
Kriegho)
Kriegho
Kr egho
Krzegho~   .   ,~
Kriegho, f K-80 O / U Trap Shotgun
Lauron~ Silhouette 300 Sporting Clays
Laurona Silhouette 300 Trap
Laurona Super Model Over/Unders
Liutic LM-6 Deluxe O / U Shotgun
Marocchi Conquista Over/Under Shotgun
Marocchi Avanza O/ U Shotgun
Merkel Model 200E OI U Shotgun
Merkel Model 200ESkeet, Trap Over/Unders
Merkel Model 203E, 303E Over/Under Shotguns
Perazzi Mirage Special Sporting O/U
Perazzi Mirage Special Four-Gauge Skeet
Perazzi Sporting Classic O/U
Perazzi MX7 Over/Under Shotguns
Perazzi Mirage Special Skeet Over/Under
Perazzi MX8/MX8 Special Trap, Skeet
Perazzi MX8/20 OverlUnder Shot~un
Perazzi MX9 Single Overl Under Shotguns
Perazzi MX12 Hunting Overl Under
Perazzi MX28, MX410 Game O/U Shotguns
Perazzi MX20 Hunting Overl Under
Piotti Boss Over/ Urder Shotgun
Remington Peerless Over/ Under Shotgun
Ruger Red Lahel Ol U Shotgun
Ruger Sporting Clays O / U Shotgun
San Marco 12-Ga. Wildjflower Shotgun
San Marco Field Sj~ecial O/ U Shotgun
SanMarco 10-Ga. 0/UShotgun
SKB Model 505 L~eluxe Over/ Under Shotgun
SKB Model 685 Over l Under Shotgun
SKB MOdel 885 OVer/Under TraP, Skeet, SPOrting ClaYS
Stoeger/lGA Condor 10/ U Shotgun
Stoeger/lGA 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 0 / U
Weatherby Orion O/UShotguns
Weatherby 11, 111 Classic Field 0 / Us






















                                  246

Weatherby Orion 11 Classic Sporting Clays 0/U
Weatherby Orion II Sporting Clays O/U
WinchesterModel 1001 O/U Shotgun
Winchester Model 1001 Sporting clays O/U
Pietro Zanoletti Model 2000 Fiela O~U

Shotguns Side by Sides

American Arms Brittany Shotgun
American Arms Gentry Double Shotgun
American Arms Derby Side-by-Side
American Arms Grulla #2 Double Shotgun
Amer can 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.AA /Sabatti Saba-Mon Double Shotgun
Charles Daly Model Dss Double
Ferlib Model F Vll 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 Piuma Side-by-Side
Precision Sports Model 600 Series Doubles
Rizzini Boxlock Side-By-Side
Rizzini Sidelock Side-by-Side
Stoeger/lGA Uplander Side-by-Side Shotgun
Ugartechea 10-Ga. Magnum Shotgun

Shotguns Bolt Action & Single Shot

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 Bi~P Twenty Shotgun
Harrington & Richardson Topper Model 098
Harrington & Richardson Topper Classic Youth Shotgun
Harrington & Richardson N.W.T.F. Turkey Mao
Harrington & Richardson Topper Deluxe Mode~098
Krieghoff KS-5 Trap Gun
Krieghoff KS-5 Special
Krieghoff K-80 Single Barrel Trap Gun
Ljutic Mono Gun Single Barrel
Ljutic LTX Super Deluxe Mono Gun
Ljutic Recoilless Space Gun Shotgun
Marlin Model 55 Goose Gun Bolt Action
New England Firearms Turkey and Goose Gun

247

New England Firearms N.W.T.F. Shotgun
New England Firearms Tracker Slug Gun
New England Firearms Standard Pardner
New England Firearms Survival Gun
Perazzi TM1 Special Single Trap
Remington 90-T Super Single Shotgun
Snake Charmer 11 Shotgun
Stoeger/lGA 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 AM~UNITION
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:
"(x)(l) It shall be unlawful for a person to sell, deliver, or other-
wise 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) This 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 ammuni
tion by a juvenile if the handgun and ammunition are pos
sessed and used by the juvenile--
"(i) in the course of employment, in the course of ranching 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 hand

"(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
transportation 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 by Federal.
state or local law from possessing a firearm;
248

"(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 juve
nile taken in defense of the juvenile or other persons against
anintruder 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 permanent confiscation by
the Government if its possession by the juvenile subsequently becomes
unlawful because of the conduct of the juvenile, but shall be returned
to the lawful owner when such handgun or ammunition is no longer
required by the Government 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 subparagraph (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 probation 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--
"(V 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 similarstate
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)--

249

"(i) shall be fined under this title, imprisoned not more than 1 year,
or both; and
"(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 PROVISIONS IN TITLE 18,
UNITED STATES CODE.--
(I) 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 DELlNQUENCY
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 constitute 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). "
(e) MODEL LAW.--The Attorney General, acting through the Director of
the National Institute for Juvenile Justice and Delinquency Preuention,
shall--
(I) evaluate existing and proposed juvenile handgun legislation in each
state;
(2) develop model juvenile handgun legislation that is constitutional
and enforceable;
(3) prepare and disseminate to State authorities the findings made as
the result of the evaluation; and
(4) report to Congress by December 31, 1995, findings and
recommendations concerning the need or appropriateness offurther action
by the Federal Government.

Subtitle C--Licensure

SEC. 110301. FIREARMS LICENSURE 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 of 1986 is
amended by inserting after the first sentence the following: "An
individual required to register under this section shall in
250

clude a photograph and fingerprints of the individual With the initial
application.".
SEC. 110302. COMPLIANCE WITH STATE AND LOCAL LAW AS A CONDITION

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 ai the end of subpa;agraph (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 i8 not prohibited
by State or local law in the place where the licensed premise is
located
"(ii)(V 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
(Il) 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 enforcement 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 LICENSEES' INVENTORY AND

Section 923(g)(i)(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--
"(V not more than once during any 12-month period; or
"(II) at any time with respect to records relating to a firearm
involved in a criminal investigation 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 thefit 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 appro-
priate 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





                                  251

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 shall be provided orally or in
writing, aS the Secretary may require. The Secretary shall implement a
system whereby the licensee can ositively identify and establish that
an individual requesting information via telephone is employed by and
authorized by the agency to request such information. . ' 110307.
NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS LlcENsEEs
 ,     . .. .. Section 923 of title 18, United stateS Code, is amended
by add~g at the end the following new subsection:
"(I) The Secretary of the Treasury shall notify the chzef law
enforcement officer in the appropriate State and local jurlsdictions of
the names and addresses of all persons in the State to whom a firearms
license is issued. .

Subtitle D--Domestic Violence

~C. 110401. PROHIBITION AGAINST DISPOSAL OF FIREARMS TO, OR RECEIPT OF
FIREARMS BY, PERSONS WHO HAVE COMMITTED DOMESTIC ABUSE.
(a) INTIMATE PARTNER DEFINED.--Section 921(a) of title 18, United
stateS Code, 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 perhn, the
SDOUSe of the person, a former spouse of the person, an indi~idual 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
1~ 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"; and
(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--
                                  252

(V 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:
"(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 prouiding 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 subiect, the
seized or relinquished".

Subtitle Gun Crime Penalties

SEC. 110501. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC 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 prouide
an appropriate enhancement of the punishment for a crime of violence
(as defined in section 924(c)(3) of title 18, United States Code) or a
drug trafificking crime (as defined in section 924(c)(2) of title 18,
United States Code) if a semiautomatic firearm is involved.
(b) SEML~UTOMATIC FIREARM.--In subsection (a), "semiautomatic 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.







253

SEC 110502. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE
TO COMMIT A FELONY.
Pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission sh~ll promulgate
amendments to the sentencing guidelines to appropriately enhance
penalties in a case in which a defendant convicted under section 844(h)
of title 18, United States Code, has preuiously been convicted under
that section.

SEC 110503. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING.
Section 924 of title 18, United States Code, as amended by section
60013, is amended by adding at the end the following new subsection:
"(i) 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. 9~1 et seq.), or the Maritime Drug Law Enforcement Act (46
U.S.C. App. 1901 et seq.)
"(2) uiolates 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
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 mouing as, or is a part
of or which has moued 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 explosiues materials which are mouing as,
or are a part of or Which have moued in, interstate or ~reign commerce
shall be imprisoned for not more than 10 years
fined under this title, or both.".

SEC 110505. REVOCATION OF SUPERVISED RELEASE AFTER IMPRISONMENT.
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 substance";
(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 superuised release, and require the de
fendant to serue in prison all or part of the term of superuised
release authorized by statute for the offense that resulted in
254

such term of supervised release without credit for time previously
served on post release supervision, if the court, Pursuant to the
Federal Rules of Criminal Procedure applicable to revocation of
probation or supervised release, finds by a preponderance of the
euidence 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 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 pr~son 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--
"(V 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 sha~l 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 defiendant is required to serue 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 defiendant 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 su-
pervised release for any period reasonably necessary for the adju-
dication 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.".
SBC. 11050C. REVOCATION OF PROBATION.
(a) IN GENERAL. Section 3565(a) of title 18, United States Code, is
amended--
(V 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.

                                  255

(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 TESTING.--If the defendant--
"(1) possesses a controlled substance in violation of the con
dition 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 vio-
lates a condition of probation prohibiting the defendant from
possessing 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 MAKTNG 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)(l)(B) by striking "(a)(6),"; and
(2) in subsection (a)(2) by inserting "(a)(6)," 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 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.".
                                  256

SEC 110510. ELIMINATION OF OUTMODED LANGUAGE RELATING TO

(a) SECTION 924(e)(V OF TITLE 18.--Section 924(e)(1) of title 18 United
States Code, is amended by striking " and such person shail 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 sentenced under
this subsection shall be eligible for parole during the term of
imprisonment imposed under this subsection.".

SEC. 10511. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN
COMMMERCE.
Section 922~i) of title 18, United States Code, is amended to read as
follows:
"~i) It shall be unlawful for any person to receive, possess, conceal,
store, barter, sell, or dispose of any stolen firearm or stolen am-
munition, or pledge or accept as security for a loan any 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

Pursuant to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall amend its
sentencing guidelines to prouide 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 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
(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)(V of title
18 for a violent felony (as defined in section ~24(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 offense (as so defined).

SEC. 110514. 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)


(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 ~l.~.c

257

not reside in any State to receive any firearms unless such re
ceipt is for lawful sporting purposes. ".

SEC. 110515. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.
(a) FIREARMS.--Section 924 of title 18, United States Code, asamended
by section 110504(a), is amended by adding at the end the following new
subsection:
"(I) 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. .
(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:
"(I) 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 110516. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS.
Section 842(d) of title 18, United States Code, is amended by striking
'?icensee" and inserting "person".

SEC. 110517. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICRING.

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 subsection (c)
shall be imprisoned for not more than 20 years, fined under this title,
or both; and if the firearm i5 a machinegun or destructive deuice, 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 subsection (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 com
                                  258

bination 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, 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 LIMITATlON FOR CERTAIN
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 terrorism offenses
"Notwithstanding section 3282, no person shall be prosecuted, tried, or
punished for any offense involving a violation of section 32 (aircrafit
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 1761 (crimes against the President), section 2280 (maritime
violence), section 2281 (maritime platform violence), section 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 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 SHIPS.
Section 7 of title 18, United States Code (relating to the special
maritime and territorial jurisdiction of the United States), is amended
by inserting at the end thereof the following new para

"(8) To the extent permitted by international law, any foreignvessel
during a voyage having a scheduled departure from or arriv-

                                  259

al in the United States with respect to an offense committed by
oragainst 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

"(I) making, dealing, or possessing any counterfeit obligation or oth~r
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 obligation or security,
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.--
(I) 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
forge~y .........       470".

SEC. 120004. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES.

The United States Sentencing Commission is directed to amend its
sentencing guidelines to prouide an appropriate enhancement for any
felony, whether committed within or outside the United States, that
involves or is intended to promote international terrorism, unless such
involvement or intent is itself an element of the crime.

SEC. 12000& 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 in-
volved in such violations.
"(b) OFFENSE.--A person who, within the United States, provides
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 preparation 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
                                  260

this title or section 46502 of title 49, or in preparation 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.--
(I) IN GENERAL.--Within the United States, an investigation may be
initiated or continued under this section only when facts reasonably
indicate that--
"(A) in the case of an individual, the individual knowingly or
intentionally engages, has engaged, or is about to engage in the
violation Qf this or any other Federal criminal law- and
"(Bj 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.
'(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, religious, philosophical, or ideological goals or
beliefs of any person or group.".


TITLE XIII-CRIMINAL ALIENS AND
IMMIGRATION ENFORCEMENT

SEC. 130001. ENHANCEMENT OF PENALTIES FOR FAILING TO DEPART OR
REENTERING, AF'ER FINAL ORDER OF DEPORTATION. (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), Gr (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 (l)(E), (2), (3), or (4) of section
241(a). ".
(b) REENTRY.--Section 276(b) of the Immigration and Nationality 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 inuolving 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:








                                  261

"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 TRACRrNG CENTER.
(a) OPERATION.--The Attorney General shall, under the authority of
section 242(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C.
1252(a)(3)(A)), 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) $5,900,000 for fiscal year 2000.

SEC. 130003. ALIEN WITNESS COOPERATIONAND COUNTERTERRORISM INFORMATION.
(a) ESTABLISHMENT OF NEW NONIMMIGRANT CLASSIFICA1'10N.-- Section
lOl(a)(15) of the Immigration and Nationality Act (8 U.S.C.
llOl(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 a- or", and
(3) by adding at the end the following new subparagraph:
"(S) subject to section 214(j), an alien--
"(i) who the Attorney General determines--
"(I) is in possession of critical reliable information concerning a
criminal organization or enterprise;
"(IV 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 General
determines is essential to the success of an authorized criminal
investigation or the successful prosecution of an individual involved
in the criminal organization or enterprise; or
"(ii) who the Secretary of State and the Attorney General jointly
determine--
"(I) is in possession of critical reliable information concerning a
terrorist organization, enterprise, or operat~on;
"(II) is willing to supply or has supplied such information to Federal
law enforcement authorities or a Federal court;
"(IIV will be or has been placed in danger as a result of prouiding
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 General
(or with respect to clause (ii), the Secretary of State and the
Attorney General jointly) considers it to be appropriate, the spouse,
married and unmarr~ed sons and daughters, and parents of an alien
described in clause (i) or (ii) if accompanying, or following to join,
the alien.".
                                  262

(b) CONDITIONS OF ENTRY.--
(1) WAIVER OF GROUNDS FOR EXCLUSlON. 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 paragraph:
"(1) The Attorney General shall determine whether a ground for
exclusion exists with respect to a nonimmigrant described in section
lOl(a)(15)(S). The Attorney General, in the Attorney General's dis-
cretion, may waiue the application of subsection (a) (other than
paragraph (3)(E)) in the case of a nonimmigrant described in section
lOl(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 in-
stituting deportation proceedings against an alien admitted as a
nonimmigrant under section lOl(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 General prior to the
alien's admission as a nonimmigrant under section lOl(a)(15)(S).".
(2) NUMERICAL I TMITATIONS- 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:
"~i)(l) The number of aliens who may be provided a uisa as
nonimmigrants under section lOl(a)(15)(S)(i) in any fiscal year may not
exceed 100. The number of aliens who may be provided a uisa as
nonimmigrants under section lOl(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 Attorney General
such information concerning the alien's whereabouts and actiuities as
the Attorney General may require;
"(B) may not be convicted of any criminal offense punishable by a term
of imprisonment of 1 year or more after the date of such admission;
"(C) must have executed a form that waiues 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 General.
"(5) The Attorney General shall submit a report annually to the
Committee on the Judiciary of the House of Representatiues and the
Committee on the Judiciary of the Senate concerning--
"(A) the number of such nonimmigrants admitted;




                                  263

"(B) the number of successful criminal prosecutions or investigations
resulting from cooperation of such aliens;
"(C) the number of terrorist acts preuented or frustrated resulting
from cooperation of such aliens;
"(D) the number of such nonimmigrants whose admission or cooperation
has not resulted in successful criminal prosecution or investigation or
the preuention or frustration of a terrorist 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--
"(A) a nonimmigrant admitted into the United states under section
lOl(a)(15)(S)(i) has supplied information described in subclause (I) of
such section; and
"(B) the prouision of such information has substantially contributed to
the success of an authorized criminal investigation or the prosecution
of an individual described in subclause (IIV 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 sec-
tion 212(a)(3)(E).
"(2) If in the sole discretion of the Attorney General--
"(A) a nonimmigrant admitted into the United States under section
lOl(a)(15)(S)(ii) has supplied information described in subclause (V of
such section, and
"(B) the prouision of such information has substantially contributed
to--
"(i) the preuention 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
Spou5e, 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 sec-
tion 212(a)(3)(E).
"(3) Upon the approval of adjustment of status under paragraphs (V or
(2), the Attorney General shall record the alien's lawful admission for
permanent residence as of the date of such ap-
264

proval and the Secretary of State shall reduce by one the number of
users 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 admztted as a nonimmigrant
described in section lOl(a)(15)(S)" (d) EXTENSION OF PERIOD OF
DEPORTATION FOR CONVICTION OF A CRIME.--Section 241(a)(2)(A)(i)(l) of
the Immigration and Nationalzty 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))n after "fiue
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 Nationality Act (8 U.S.C. 1252a)
is amended by adding at the end the following new subsection:
'(b) DEPORTATION OF Al1ENS WHO ARE NOT PERMANENT RESIDENTS.--
"(I) 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 conuiction of an aggrauated felony) and
issue an order of deportation pursuant 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 commenced; and
"(B) is not eligible for any relief from deportation under

"(3) The Attorney General may not execute any order descrzbed in
paragraph (I) until 30 calendar days have passed from the date that
such order was issued, unless waiued by the alien, in order that the
alien has an opportunity to apply for Judtcial review under section
106.
"(4) Proceedings before the Attorney General under this subsection
shall be in accordance with such regulations as the Attorney General
shall prescribe. The Attorney General shall prouide 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 priuilege of being represented (at no
expense to the government) by such counsel authorized to practice in
such proccedings, as the alien shall choose
"(C) the alien has a reasonable opportunity to inspect the euidence and
rebut the charges;
"(D) the determination of deportability is supported by clear,
convincing, and unequivocal euidence 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.".


265

(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)(l) and subsection (a)(3), by inserting
"(including an alien described in section 242A)" after "aggrauated
felony", and
(3) by adding at the end the following new subsection:
"(d)(l) 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 alzen descrzbed in section
242A(b)(2);
"(C) whether the alien has been convicted of an aggrauated felony and
such conuiction 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.~ection 242A of the Immigration and
Nationality Act (8 U.S.C. 1252a) is amended--
(1) by amending the heading to read as follows:

EXPEDITED DEPORTATION OF ALlENS 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) IM~LEMENTATION.--';
(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~    and inserting "(4) REVIEW.~A)";
(B) by striking the second sentence; and
(C) by striking "(2)" and inserting "(B)".
(d) EFFECTIVE DATE.--The amendments made by this sectzon shall apply to
all aliens a~ainst whom deportation proceedings are initiated after the
date of enactment of this Act.

SEC. 130005. EXPEDITIOUS DEPORTATION FOR DENIED ASYLUM APPLICANTS.
(a) IN GENERAL.--The Attorney General may prouide for the expeditious
adjudication of asylum claims and the expeditious deportation of asylum
applicants whose applications have been finally de
266

nied, unless the applicant remains in an otherwise valid nonimmigrant
status.
(b) EMPLOYMENT AUTHORIZATION.--Section 208 of the Immigration 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 employment au-
thorization except as may be provided by regulation in the discretion
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.

SEC. 130006. IMPROVING PORDER 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
firaudulent documents or who remain in the country after their
nonimmigrant uisas expire--
(1) $228,000,000 for fiscal year 1995, of which
$181,000,000 is authorized to be appropriated from the Violent Crime
Reduction Trust Fund established by this Act, and $47,000,000 is
authorized from the General Fund of the Treasury;
(2) $185,000,000 for fiscal year 1996, of which
$137,000,000 is authorized to be appropriated from the Violent Crime
Reduction Trust Fund established by this Act, and $4s,000,000 is
authorized from the General Fund of the Treasury;
(3) $204,000,000 for fiscal year 1997, of which
$156,000,000 is authorized to be appropriated from the Violent Crime
Reduction Trust Fund established by this Act, and $4s,000,000 is
authorized from the General Fund of the Treasury;
(4) $ss,ooo,ooo for fiscal year 1998, of which $10,000,000
is authorized to be appropriated from the Violent Crime Reduction Trust
Fund established by this Act, and $48,000,000 is authorized from the
General Fund of the Treasury;
Of the sums authorized in this section, all necessary funds shall,
subject to the auailability of appropriations, be allocated to ~ncrease
the number of agent positions (and necessary support personnel
positions) in the Border Patrol by not less than 1,000 fulltime
equiualent positions in each of fiscal years 1995, 1996, 1997, and 1998
beyond the number fi~nded 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 eualuation of the programs, an
outcome-based measurement of performance, and an analysis of the cost
effectiveness of the additional resources provided under thi.~ Art


267

SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.
(a) IN GENERAL.--Subject to the auailability of appropriations, the
Attorney General may expand the program authorized by section 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
auailability of appropriations, the Attorney General may--
(I) construct or contract for the construction of 2 Immigra
tion and Naturalization Service Processing Centers to detain
criminal aliens; and
(2) prouide for the detention and remoual of such aliens.
(c) REPORT.--By September 30, 1996, and September 30, 1998the Attorney
General shall report to the Congress on the programs referred to in
subsections (a) and (b). The report shall include an eualuation 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) AUTHO~I~ATION 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.
(a) IN GENERAL.--Subject to subsection (b) and notwithstanding any
other prouision of law, the Attorney General, in the discretion of the
Attorney General, may accept, hold, administer, and utilize gifits of
property and services (which may not include cash assistance) 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 uoluntary departure under
safeguards. Any property acquired pursuant to this section shall be
acquired in the name of the United States.
(b) LIMITATION.--The Attorney General shall terminate or rescind the
exercise of the authority under subsection (a) if the Attorney General
determines that the exercise of such authority has resulted in
discrimination by law enforcement officials on the basis of race,
color, or national origin.

SEC. 130009. PASSPORT AND VISA OFFENSES PENALTIES IMPROVEMENT.
(a) IN GENERAL.--Chapter 75 of title 18, United States Code, is
amended--
(I) in section 1541 by striking "not more than $500 or im
prisoned 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 fiue years"
and inserting "under this title, imprisoned not more than 10
years";
                                  268

(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 "fiue years" and inserting

(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 prouision of this title, the maximum 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 f2cilitate an act of international terror~sm (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. ASYLUIIL (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 Refugee Act of 1980,
with more than 150,000 asylum applications filed in fiscal year 1993,
and the backlog of cases growing to

(2) this flood of asylum claims has swamped the system creating delays
in the processing of applications of up to seueral years;
(3) the delay in processing asylum claims due to the ouerwhelm~ng
numbers has contributed to numerous problems, includ~ng--
(A) an abuse of the asylum laws by firaudulent appli
cants whose primary interest is obtaining work authority inthe United
States while their claim languishes in the backlogged asylum processing
system;
(B) the growth of alien smuggling operations, often in
uolving organized crime;
(C) a drain on limited resources resulting from the
high cost of processing frivolous asylum claims through our
multilayered system; and
(D) an erosion of public support for asylum, which is
a treaty obligation.
(4) asylum, a safe haven protection for aliens abroad whocannot 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 procedures is
required to address these problems.
(b) POLICY.--It iS the sense of the Senate that--

                                  269

(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 prouide--
(A) a procedure for the expeditious exclusion of any asylum applicant
who arriues 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 prouide for a streamlined affirmatiue 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 CERrAlN JUVENILES FOR CRIMES OF
VIOLENCE.
The 4th undesignated paragraph of section 5032 of title 18, United
States Code, is amended by striking "; however" and inserting ". 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 'fifiteenth'. Notwithstanding
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 sentenee
have effect over land and persons subJect to its criminal 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 sa37 (disposition after a finding of juvenile delinquency)
until".
SEC. 140003. SEPARATION OF JUVENILE FROMADULT 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.







                                  270

SEC 140004. BINDOVER SYSTEM FOR CERTAIN VIOLENT JWENILES.
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, ~s amended-
-
(1) by striking "and" at the end of paragraph (21);
2! by striking the period at the end of paragraph (22) and
~nsert~ng; and"; and
(3) by adding at the end the following new paragraph:
"(23) programs that address the need for effective bindover
systems for the prosecution of violent 16- and 17-year-old juve-
niles ~n 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. AUENDMENT CONCERNING RECORDS OF CRIMES COMMITTED BY
JWENILES.
Section 5038 of title 18, United States Code, is amended in subsect~on
(f) by adding "or whenever a juvenille has been found guilty of
committing an act after his 13th birthday which if committed 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. 14000fi INCREASED PENALTIES FOR EMPLOnNG CHILDREN TO DISTRIBUTE
DRUGS NEAR SCHOOLS AND PLAYGROUNDS.
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) by inserting after subsection (b) the following new sub
sect~on:
"(c) Notwithstanding any other law, any person at least 21years of age
who knowingly and intentionally--
"(1) employs, hires, uses, persuades, induces, entices, or co
erces a person under 18 years of age to violate this section; or(2)
employs, hires, uses, persuades, induces, entices, or co
erces 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, ~s punishable by a term of
imprisonment, a fine, or both, up to triple those authorized by section
401.".
SEC 140007. INCREASED PENALTIES FOR TRAVEL ACT CRIMES INVOLVING
VIOLENCE AND CONSPIRACY TO COA~:MIT CONTRACT ~LLINGS.
(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

                                  271

more than five years, or both." and inserting "and thereafter performs
or attempts to perform--
"(A) an act described in paragraph (lJ 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.
s.~ c-~08. SOLICITATION OF MINOR TO COMMIT CRIME.
a. DIRECTIVE TO SENTENCING COMMISSION.~() The United St, S(-;l tencing
Commission shall promulgate guidelines or an existing guidelines to
provide that a defendant 21 years of age or older who has been
convicted of an offense shall receive an appropriat sentence
enhancement if the defendant inuolved a minor in the commission of the
offense.
~ The Commission shall provide that the guideline enhanceme;,
~romulgate pursuant to paragraph (1) shall apply for any offer ~
relation to which the defendant has solicited, procured, recrl~ ea.
counseled, encouraged, trained, directed, commanded, intilr jG~j'd, or
otherwise used or attempted to use any person less th~ years of age
with the intent that the minor would commit

1~

.ll offense.
RELEVANT CONSIDERATIONS.--In implementing the directive ction (a), the
Sentencing Commission shall consider--
(1) the severity of the crime that the defendant intended the ml nor 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:

"CHAPTER 26--CRIMlNAL 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--
272

"(A) that has as I of its primary purposes the commission 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 offen described
in subsection (c) shall be increased by up to 10 years i the offense is
committed under the circumstances described in subsection (d).
"(c) OFFENSES.--The offenses described in this section are--
"(1) a Federal ~elony 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 thct 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 paragraph (I) or
(2).
"(d) CIRCUMSTANCES.--The circumstances described in this section are
that the offense described in subsection (c) was committed by a person
who--
"(i) 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 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) involuing 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 na-
ture involves a substantial risk that physical force against
the person of another may be used in the course of commit-
ting the offense; or
"(D) a conspiracy to commit an offense described in
subparagraph (A), (B), or (C).".
(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. 15000a. ADULT PROSECUTION OF SERIOUS JUVENILE OFFEND-
ERS.
Section 5032 of title 18, United States Code, is amended--


273

(l) in the first undesignated paragraph by striking "922(p)" and
inserting "924(b), (g), or (h)"
(2) in the fourth undesignated paragraph by inserting "orin 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
transfer.".

~EC. 150003. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING OBJECIVE.
Section 501(b) of title I of the Omnibus Crime Control and Safe treets
Act of 1968 (42 U.S.C. 3751(4)), as amended by section 140004, is
amended--
(I) 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 paragrcph:
"(24) law enforcement and prevention programs relating to gangs, or to
youth who are involved or at risk of involvement in gangs. ".

5EC. 150004. JUVENILE DRUG rRAFFICIUNG AND GANG PREVENTION
GRANTS.
Part D of title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5631 et seq.) is amended--
(I) by redesignating subpart III as subpart IV;
(2) by redesignating section 283 as section 284; and
(3) by inserting after subpart II the following new subpart:

'Subpart III~Juvenile Drug Trafficking and Gang Prevention
Grants

FORMULA GRANTS

SEC. 283. (a) AUTHORIZATION--The Administrator may make grants to
States, units of general local government, private not-forprofit
anticrime organizations, or combinations thereof to assist them in
planning, establishing, operating, coordinating, and evalu~- ng
projects, directly or through grants and contracts with public ~r7d
private agencies, for the development of more effective programs in
luding prevention and enforcement programs to reduce--
"(I) the formation or continuation of juvenile gangs; and
"(2) the use and sale of illegal drugs by juveniles.
"(b) PARTICULAR PURPOSES.--The grants made under this section can be
used for any of the following specific purposes:
"(V To reduce the participation of juveniles in drug-related
crimes (including drug trafficking and drug use), particularly in and
around elementary and secondary schools.
274

"(2) To reduce juvenile involvement in organized crime drug and
gang-related activity, particularly activities that involve the
distribution of drugs by or to juveniles.
"(3) To develop within the juvenile justice system, including the
juvenile corrections system, innovative means to address the problems
of juveniles convicted of serious drug-related and gang-related
offenses.
"(4) To reduce juvenile drug and gang-related activity in public
housing projects.
"(5) To develop and provide parenting classes to parents of at-risk
youth, giving parents the skills they need to provide adequate care and
supervision of such youth and to counteract the influences leading
youth to a life of gangs, crime, and drugs.
"(6) To develop and provide training in methods of nonviolent dispute
resolution to youth of junior high school and high school age.
"(7) To reduce and prevent juvenile drug and gang-related activity in
rural areas.
"(8) To provide technical assistance and training to personnel and
agencies responsible for the adjudicatory and corrections components of
the juvenile justice system to--
"(A) identify drug-dependent or gang-involved juvenile
offenders, and
"(B) provide appropriate counseling and treatment to
such offenders.
"(9) To promote the involvement of all juveniles in lawful activities,
including in-school and after-school programs for academic, athletic,
or artistic enrichment that also teach that drug and gang involvement
are wrong.
"(10) To facilitate Federal and State cooperation with local school
officials to develop education, prevention, and treatment programs for
juveniles who are likely to participate in drug trafficking, drug use,
or gang-related activities.
"(11) To prevent juvenile drug and gang involvement in public housing
projects through programs establishing youth sports and other
activities, including girls' and boys' clubs, scout troops, and little
leagues.
"(12) To provide pre- and post-trial drug abuse treatment to juveniles
in the juvenile justice system with the highest possible priority to
providing drug abuse treatment to drug-dependent pregnant juveniles and
drug-dependent juvenile mothers.

violent dispute resolution to youth of junior high school and high
school age.
"(7) To reduce and prevent juvenile drug and gang-related activity in
rural areas.
"(8) To provide technical assistance and training to personnel and
agencies responsible for the adjudicatory and corrections components of
the juvenile justice system to--
"(A) identify drug-dependent or gang-involved juvenile
offenders, and
"(B) provide appropriate counseling and treatment to
such offenders.
"(9) To promote the involvement of all juveniles in lawful activities,
including in-school and after-school programs for academic, athletic,
or artistic enrichment that also teach that drug and gang involvement
are wrong.
"(10) To facilitate Federal and State cooperation with local school
officials to develop education, prevention, and treatment programs for
juveniles who are likely to participate in drug trafficking, drug use,
or gang-related activities.
"(11) To prevent juvenile drug and gang involvement in public housing
projects through programs establishing youth sports and other
activities, including girls' and boys' clubs, scout troops, and little
leagues.
"(12) To provide pre- and post-trial drug abuse treatment to juveniles
in the juvenile justice system with the highest possible priority to
providing drug abuse treatment to drug-dependent pregnant juveniles and
drug-dependent juvenile mothers.
"(13) To provide education and treatment programs for juveniles exposed
to severe violence in their homes, schools, or neighborhoods.
"(14) To establish sports mentoring and coaching programs in which
athletes serve as role models for juveniles to teach that, athletics
provides a positive alternative to drug and gang involvement.

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 283A. There is authorized to be appropriated to carry out this
subpart--
"(1) $15,000,000 for fiscal year 1996;

                                  275

"(2) S21,000,000 for fiscal year 1997;
"(3) S25,000,000 for fiscal year 1998;
"(4) S30,000,000 for fiscal year 1999, and
"(5) $34,000,000 for fiscal year 2000.

"APPLICATION

"SEC. 283B. (a) IN GENERAL.--Each State or entity applying for a ~rant
under section 283 shall submit an a~Dlication to the Ad
'-5 ministrator in such form and containing such information as the
Administrator shall prescribe.
"(b) REGULATIONS.--To the extent practicable, the Ad ministrator shall
prescribe regulations governing applications for this subpart that are
substantially similar to the regulations governing applications
required under part D, including the regulations relatin~ to
competit~on.

"MENTAL HEALTH SCREENING

"SEC. 283C. (a) SENSE OF THE CONGRESS.--It is the sense of the Congress
that no child should have to be incarcerated in a State youth center or
detention facility solely in order to receive mental health treatment.
"(b) IN GENERAL.--Not later than 2 years after the date of enactment of
this subpart, the Attorney General, acting through the Administrator of
the Office of Juvenile Justice and Delinquency Preuention, in
collaboration with the Secretary of Health and Human Services, acting
through the Administrator of the Substance Abuse -and Mental Health
Services Administration, shall, subject to the availability of
appropriations--
"(1) study the nature and prevalence of mental illness among youth in
the juvenile justice system at several different points in the system,
including the arrest stage, the adjudication, and dispositional stage,
and the commitment stage, such study to be based on the best available
data and include reviews of existing studies by the Government
Accounting Office, the Inspector General's office, and such other
interested parties as are appropriate;
"(2) develop a model system that the States can use to assess,
diagnose, and treat the mental health needs of youth who come in
contact with the juvenile justice system; and
"(3) disseminate the results of the study and the model to each State's
Juvenile Justice Aduisory Group.
"(c) STUDY.--The study should include analysis of--
"(1) national preualence of rates of the different clinical categories
of mental illness for youth who come in contact with the juvenile
justice system;
"(2) the prevalence of multiple mental disorders among youth who have
come in contact with the juvenile justice system;
"(3) recommendations to the Committee on the Judiciary of the Senate
and the Committee on Education and Labor of the House of
Representatiues on the appropriateness and need for further Federal
action; and
"(4) such other analysis as is appropriate. "~d) MODEL--The model
should prouide--
276

"(1) guidelines for accurate and timely assessment, diag
nosis, and treatment at seueral different points in the juvenilejustice
system including the arrest stage, the adjudication and dispositional
stage, and the commitment stage;
"(2) a method for fostering collaboration between the mental health
agencies, juvenile justice agencies, educational agencies, social
services agencies, substance abuse treatment agen cies, police, and
families;
"(3) a funding mechanism for implementing the model; and "(4) such
otherguidelines as are appropriate.".

SEC. 150005. GRANTS FOR YOUTH DEVELOPMENT CENTERS.
Part B of title II of the Juvenile Justice and Delinquency Preuention
Act of 1974 (42 U.S.C. 5631 et seq.), is amended--
(1) by inserting before section 221 the following heading:

"Subpart I~uuenile Justice and Delinquency Prevention Formula
Grant Program";

and
(2) by adding at the end the following new subpart:

"Subpart II--Youth Violence Prevention Block Grants

SEC. 232. (a) IN GENERAL.--The Administrator of the Office of Juvenile
Justice and Delinquency Prevention shall subject to availability of
appropriations make grants to States to assist the States in planning,
establishing, operating, coordinating, and evaluating programs directly
or through grants and contracts with public and private agencies for
the deuelopment of more effective education, training, research,
prevention, diversion, treatment, and rehabilitation programs in the
area of juvenile violence.
"(b) ISSUES To BE ADDRESSED.--A program funded under subsection (a)
shall address issues identified as contributing to youth violence,
which may include--
"(1) conflict resolution programs in schools;
"(2) alternatiues to school suspension;
"(3) juvenile court diuersion programs; and
"(4) other innovative projects.
(c) ALLOCATION OF FUNDS.--The amount appropriated under this section
for a fiscal year shall be allocated among the States by allocating to
each State an amount that bears the same proportion to the amount
appropriated as the number of residents of the State under the age of
18 years bears to the number of residents of all of the States under
the age of 18 years.
(d) ADMINISTRATION.--Grants made under this section shall be
administered by the State office designated under section 507 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 ~S.C. 3757).
(e) APPLICATIONS BY PUBLIC AND PRIVATE AGENCIES.--
(1) IN GENERAL.--A public or private agency desiring to re
ceive a grant or enter into a contract under this subpart shallsubmit
an application at such time, in such manner, and containing such
information as the office described in subsection (d) may prescribe.

277

"(2) CONTENTS.--In accordance with guidelines established by the office
described in subsection (d), an application under paragraph (1) shall--
"(A) set forth a program or activity for carrying out 1 or more of the
purposes described in subsections (a) and (b) and specifically identify
each such purpose that the program or activity is designed to carry
out;
"(B) provide that the program or activity will be administered by or
under the supervision of the applicant;
"(C) provide for the proper and efficient administration of the program
or actiuity;
~!D) provide for regular evaluation of the program or activlty;
"(E) provide an assurance that the proposed program or activity will
supplement, not supplant, similar programs and activities already
available in the community;
"(F) describe how the program or activity will be coordinated with
programs, activities, and services available locally;
"(G) provide that regular reports on such program or activity shall be
sent to the administering office named in subsection (d); and
"(H) provide for such fiscal control and fund accounting procedures as
may be necessary to ensure prudent use proper disbursement, and
accurate accounting of funds received under this subpart.
(f) MATCHING FUNDS REQuIREMENTs.--
"(1) FUNDS REcElVED uNDER THIS SUBPART.--Fund s received through a
grant under this section may not be expended for more than 75 percent
of the cost of any program that is so funded.
"(2) FUNDS FROM OTHER SOURCES.--In providing for the 25 percent share
of the cost of a program from other sources, a State--
"(A) shall provide for such share through a payment in cash or in kind,
fairly evaluated, including facilities, equipment, or services; and
"(B) may provide for such share through State sources, local sources,
private sources, nonprofit sources, other Federal sources, or any
combination of these sources.
(gj AUTHORIZATION OF APPROPRL~TIONS.--There are authorized to be
appropriated to carry out this section-- "(1) $5,000,000 for fiscal
year 1996; "(2) $8,000,000 for fiscal year 1997; "(3) $10,000,000 for
fiscal year 1998; "(4) $12,000,000 for fiscal year 1999; and "(5)
$15,000,000 for fiscal year 2000.".
SEC, 150006. MENTORING PROGRAM.
Section 288C of part G of title II of the Juvenile Justice and
Deli7lq7lency Prevention Act of 1974 is amended to read as follows:
278

REGULATIONS AND GUIDELINES

"5EC. 288C. (a) PROGRAM GUIDELINES.--The Ad ministrator shall issue
program guidelines to implement this part. The prograrn guidelines
shall be effective only after a period for public notice and comment.
"(b) MODEL SCREENING GUIDELINES.--The Administrator shall deuelop and
distribute to program participants specific model guidelines for the
screening of prospectiue program mentors.".
SEC.150007. JUVENILE AN~ DRUG AND ANTI-GANG G~ANTS IN FEDER. A~,LY
ASSISTED LOW-INCOME HOUSING.
Grants authorized in this Act to reduce or preuent juvenile drug and
gang-related actiuity in "public housing" may be used for such purposes
in federally assisted, low-income housing.
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 Treasury (or the
Secretary's designee), shall deuelop a national strategy to coordinate
gang-related investigations by Federal law enforcement agenczes.
(b) DATA COLLECTION.--The Director of the Federal Bureau of
Investigation shall acquire and collect information on incidents of i
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 deueloped under subsection (a) to
be submitted to the President and Congress by January 1, 1996.
(d) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated to carry out this section--
(1) $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 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 sectzon:

"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



                                  279

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 condlu' (if the
production of the visual depiction involved the use of a mim~r 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 .- ~n~shed as
provided in subsection (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
ti~ n 10 years, or both; and
"~2) if the person has a prior conviction under this chapter
or chapter 109A, shall be fined under this title, imprisoned not more
than 20 years, or both.".
(b) TECHNICAL AMENDMENT.--
(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:
?58. 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 in
serting "under this title,";
(B) by striking "not more than $200,000, or" and in
serting "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) oftitZ 18,
United States Code, is amended by striking "this section" the s.n~nd
place it appears and inserting "this chapter or chapter 10.4 ~
"d" SECTION 2252 PENALTY ENHANCEMENT.--Section 2252(b)(1) of; tle 18,
United States Code, is amended hy striking "this section" ~n( ln~erting
"this chapter or chapter 109A".
"e" CONSPIRACY AND ATTEMPT.--Sections 2251(d) and 2252(b) of tit.; 1~'
United States Code, are each amended hy inserting ", or attem ~ts or
conspires to violate," after "violates" each place it appears.
"f" RIC0 AMENDMENT.--Section 1961(1) of title 18, United St~; es Code,
is amended by striking "2251-2252" and inserting "22~; ~, 2251A, 2252,
and 2258".
"g" TRANSPORTATION OF MINORS.--Section 2423 of title 18, ; United
States Code, is amended--

i     (1) by striking "(a) Whoever" and inserting "(a) TRANSPOR
TATION WITH INTENT TO ENGAGE IN CRIMlNAL 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
WENILE.--A person who travels in interstate commerce, or con-
280

spires 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
sexual act (as defined in section 2245) with a person under 18 yearS of
age that would be in violation of chapter 109A if the sexual act
occurred in the special maritime and territorial jurisdiction of the
United States shall be fined under this title, imprisoned not more than
10 years, or both.".

SEG 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
maxi~num imprisonment of at least 1 year and for the forfeiture of
assets used in the commission or support of, or gained from, such
offenses.

SEC. 160003. CONFIRMATION OF INTENT OF CONGRESS IN ENACTING SECTIONS
2252 AND 225c OF TITLE l8, UNITED sTATES CODE.
(a) DECLARATION.--The Congress declares that in enacting sections 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)(B)(i), and
(4)(B)(i) that the production of a visual depiction involve the use of
a minor engaging in "sexually explicit conduct" 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 Justic~ did not accurately reflect the intent of Congress
in arguing that "the videotapes in [the Knox case] constitute
?ascivious 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.".

281

TITLE XVII~RIMES AGAINST
CHILDREN

Subtitle A~acob Wetterling Crimes
Against Children and Sexually Violent
Offender Registration Act

SEC 170101. ESTABLISHMENr OF PROGRAM. (a) IN GENERAL.--
(1) STATE GUIDELINES.--The Attorney General shall establish guidelines
for State programs requiring any person who is convicted of a criminal
offense against a ~ictim who is a minor, or of any other sexually
violent offense to register a current address with a designated State
law enforcement agency for 10 years after release from prison, or being
placed on parole, supervised release, or probation.
(2) DEFINITION.--For purposes of this subsection--
(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 par-
ent;
(iii) criminal sexual conduct toward a minor;
(iv) solicitation of a minor to engage in sexual con-
d uct;
(u) use of a minor in a sexual performance;
(ui) solicitation of a minor to practice prostitution;
(uii) any conduct that by its nature is a sexual of-
fense against a minor; or
(uiii) an attempt to commit an offense described in
any of clauses (i) through (vii), if the State--
(I) makes such an attempt a criminal offense;
and
(IV 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; and
(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 an offense
that has as its elements engaging in physical contact with another
person or us~ng or brand ishing a weapon aga~nst another person with
intent to commit aggravated sexual abuse or sexual abuse (as described
in sections 2241 and 2242 of title 18, United States Code).
/o REGISTRATION REQUIREMENT UPON RELEASE, PAROLE, SuPERV~SED RELEASE,
OR PROBATION.--An approved State registration program established under
this section shall contain the following requirements: (1) DUTY OF
STATE PRISON OFFICIAL OR COURT.--If a person who is required to
register under this section is released from prison, or placed on
parole, supervised release, or probation, a
282

State prison officer, or in the case of probation, the court, shall--
fA) inform the person of the duty to register and obtain3 the
information required for such registration;
(B) inform the person that if the person changes resi dence address,
the person shall give the new address to a3 designated State law
enforcement agency in writing within 10 days;
(C) inform the person that if the person changes resi dence to another
State, the person shall register the ne~v address with the law
enforcement agency with whom the person last registered, and the person
is also required to register with a designated law enforcement 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
(D) obtain fingerprints and a photograph of the person if these have
not already been obtained in connection with the offense that triggers
registration; and
(E) require the person to read and sign a form stating that the duty of
the person to register under this section has been explained.
(2) TRANSFER OF INFORMATION TO STATE AND THE FBI. The officer, or in
the case of a person placed on probation, t 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 en~ forcement record system and notify the appropriate law
enforce ment agency having jurisdiction where the person expects to re-
side. The State law enforcement agency shall also immediatelY transmit
the conviction data and fingerprints to the Feder
Bureau of Investigation.
(3) ANNUAL VERlFICATION.~n each anniversary of a p son's initial
registration date during the period in which theperson is required to
register under this section, the designated State law enforcement
agency shall mail a nonforwardable verification form to the last
reported address of the person. The person shall mail the verification
form to the designated State law enforcement agency within 10 days
after receipt of the form. 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. If the person
fails to mail the verification form to the designated State law
enforcement agency within 10 days after receipt of the form, the person
shall be in violation of this section unless the person proves that the
person has not changed his or her residence address.
(4) NOTIFICATION OF LOCAL LAW ENFORcEMENT AGENCIES OF CHANGEs IN
AnDREss.--Any change of address by a person required to register under
this section reported to the designated State law enforcement agency
shall immediately be 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
StateJ

283

notify the law enforcement agency with which the person must register
in the new State, if the new State has a registration requirement.
(5) PRIVACY OF DATA.--The information collected under a State
registration program shall be treated as private data on individuals
and may be disclosed only to law enforcement agencies for law
enforcement purposes or to government agencies conducting confidential
background checks with fingerprints. A law enforcement agency may
release relevant information concerning a sex offender required to
register under this section when such release of information is
necessary to carry out law enforcement purposes or to notify the
victims of the offender.
(c) REGISTRATION FOR CHANGE OF ADDRESS TO ANOTHER STATE.--A person who
has been convicted of an offense which triggered registration in a
State shall register the new address with a designated law enforcement
agency in another State to which the person moves not later than 10
days after such person establishes residence in the new State, if the
new State has a registration requirement.
(d) REGISTRATION FOR 10 YEARS.--A person required to register nder this
section shall continue to comply with this section until
i 0 years have elapsed since the person was released from prison, or
laced on parole, supervised release, or probation.
(e) PENALTY.--A person required to register under a State pro~am
established pursuant to this section who knowingly fails to so ~ister
and keep such registration current shall be subject to crimial
penalties in any State in which the person has so failed.
(f) IMMUNITY.--The State program shall provide appropriate egal
immunity to law enforcement agencies. employees of law enrcement
agencies, and State of ficials for go~,d faith and reasonably iligent
conduct in carrying out the State program.
.~g.J COMPLL~NCE.--
(1) CoMPLksNcE DATE.--Each State shall have 3 years from the date of
the enactment of this Act in which to implement this section.
(2) INELIGIBILITY FOR FUNDS.--The allocation of funds under section 506
of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3756) received by a State not complying with the guidelines
issued under this section 3 years after the date of enactment of this
Act may be reduced by the Attorney General by up to 10 percent and the
unallocated funds shall be reallocated to the States in compliance 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" bef(,. ihe period.
284

(b) ASSAULTS RESULTING IN SUBSTANTIAL BODILY INJURY._ Section 113 of
title 18, United States Code, is amended by addi at the end the
following:
"(7) Assault resulting in substantial bodily injury to an in. dividual
who has not attained the age of 16 years, by fine und~ this title or
imprisonment for not more than 5 years, or both,~ (c) TECHNICAL AND
STYLISTIC CHANGES TO SECTION 113.~e tion 113 of title 18, United States
Code, is amended--
(1) in paragraph (b), by striking "of not more than $3, and inserting
"under this title";
(2) in paragraph (c), by striking "of not more than $1, and inserting
"under this title";
(3) in paragraph (d), by striking "of not more than $ and inserting
"under this title";
(4) by modifying the left margin of each of paragraph through (f) so
that they are indented 2 ems;
(5) by redesignating paragraphs (a) through (f) as F graphs (1) through
(6); and
(6) by inserting "(a)" before "Whoever".

(3) in paragraph (d), by striking "of not more than $5
inserting "under this title";
(4) by modifying the left margin of each of paragraphs (a) ugh (f) so
that they are indented 2 ems;
(5) by redeslgnating paragraphs (a) through (f) as para-

(d) DEFNITI NS.--Section il3 of title 18, United States CodA is amended
by adding at the end the following:
"~h)A.c~ in thi.c.e~Lh.~P~ti~n
"(1) the term 'substantial bodily injury' means bodily inju
which involves--
"(A) a temporary but substantial disfigurement; or
"(B) a temporary but substantial loss or impairment
the function of any bodily member, organ, or mental fa~
ulty; 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 sectio~
1365 of this title), an assault against an individual who has not at-
tained the age of 16 years" after "serious bodily injury".

Subtitle C--Missing and Exploited ~h~ldren

SEC. 170301. SHORT TITLE.
This subtitle may be cited as the "Morgan P. Hardiman Tas~ 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 ' work with
the National Center for Missing and Exploited Childre. (referred to as
the "Center") and coordinate the provision of Federa law enforcement
resources to assist State and local authorities in in~ vestigating the
most difficult cases of missing and exploited children.
SEC. 170303. ESTABLISHMENT OF TASK FORCE.
Title IV of the Juvenile Justice and Delinquency Prevention ~ct 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

285

(2) by inserting after section 406 the following new section:

"TASK FOPCE

"SEC. 407. (a) ESTABLISHMENT.--There is established a Missing 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 ot Investigation
(in addition to the members of the Task Force 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 investigation 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 and
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 1year 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-year 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.--
** No page found **

286

'(1) IN GENERAL.--The Administrator of the General Services
Administration, in coordination with the heads of the age; c~es
described in subsection (b)(1), shall prouide the Task For office space
and administrative and support services, such of~ space to be in close
proximity to the office of the Center, so ~ to enable the Task Force to
coordinate its activities with that ol the Center on a day-to-day
basis.
'(2) LEGAL GUIDANCE.--The Attorney General shall assig an ~ttorney to
provide legal guidance, as needed, to members
the ~ask Force.
"(d) PURPOSE.--
"(1) IN GENERAL.--The purpose of the Task Force shall to rnake
available the combined resources and expertise of t agencies described
in paragraph (1) to assist State and lo( governmentS in the most
difficult missing and exploited chd cases nationwide, as identified by
the chief of the Task Fol from time to time, in consultation with the
Center, and as mc addLtional cases as resources permit, including the
provision assi9tance to State and local investigators on location in t,

'(2) TECHNICAL AsslSTANCE.--The role of the Task Force any
investigation shall be to provide advice and technical c sistance and
to make available the resources of the agencies G scribed in subsection
(b)(1), the Task Force shall not take leadership role in any such
investigation.
(e) CRoss-DEslGNATloN OF TASK FORCE MEMBERS.--The ~ torney General may
cross-designate the members of the Task For tv~th JurLsdiction to
enforce Federal law related to child abductu to the extent necessary to
accomplish the purposes of this section.
TITLE XVIII--RURAL CRIME
Subtitle A--Drug Traffic~ing in Rural
Areas

SEC. 180101. AuTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGEN CIES. (a) A
UTHORIZATION OF APPROPRIATIONS.--Section 1001(a)(9) of t~tle I of the
Omnibus Crime Control and Safe Streets Act of 1968 is amended to read
as follows: "(9) ~here are authorized to be appropriated to carry out
part

"(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) A~MENDMENT 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". (c) Cl,ARIFICATION.--Section 1501(b) of title
I of the Omnibus Crlme Control and Safe Streets Act of 1968 (42 U.S.C.
3796bb(h))

287

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. ,'a)
ESTABLISHMENT.--The Attorney General, 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 encompass significant rural
lands. Assets seized as a result of investigations 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 agenc~es.
~, TASK FORCE MEMBERSHIP.--The Task Forces established under subsection
(a) shall be carried out under policies and procedures established by
the Attorney General. The Attorney General 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--
(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 Naturalization Service, and the
United States Marshals Service; and
(2) may include representatives of other Federal law enforcement
agencies, such as the United States Customs Service, United States Park
Police, United States Forest Service, Bureau of Alcohol, Tobacco, and
Firearms, and Bureau of Land Management.

IBl) 103. RURAL DRUG ENFORCEMENT TRAINING.
~P~CIALIZED TRAINING FOR RURAL OFFICERS.--The Director 'ederal Law
Enforcement Training Center shall develop a
' course of instruction devoted to training law enforcement
n rural agencies in the investigation of drug trafficking : crimes.
:;~HORIZATION OF APPROPRIATIONS.--There are authorized
~priated to carry out subsection (a)--
$1,000,000 for fiscal year 1996;
$1,000,000 for fiscal year 1997;
~ $1,000,000 for fiscal year 1998; i4i $1,000,000 for fiscal year 1999;
and t5, $1,000,000 for fiscal year 2000.

SEc '.Qt'lO4. MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINIS
TRATIoN             . . ~ r , 1 1 . .   r 7 ~'
are authorized to be appropriated for the hiring of additlOrlf~ rz~g
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

SEC. 180201. DRUG FREE TRuCK STOPS AND SAFETY REST AREAS.
(a) 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

"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--
"(A) has the capacity to provide fuel or service, or 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) SussEQuENT 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 section 401(b); and
"(2) 3 times any terrn of supervised release authorized by section
401(b) for a first offense.".
(2) TECHNICAL AUENDMENTS.--
(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.

289

(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. Transpor~atzon
safety offenses.".
(c) SENTENCING GUIDELINES.--Pursuant to its authority under 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 General should ensure that funding for programs
authorized by the provisions of this Act and amendments 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;
(2) rural communities should not receive less funding than they
received in fiscal year 19.94 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

TITLE XIX--FEDERAL LAW
ENFORCEMENT

SEC. 190001. FEDERAL JUDIclARY AND FEDERAL LAw ENFORCEMENT. (a)
AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE FEDERAL JUDICIARY.--
FEDER,qL JUDlclARY.--There are authorized to be appropriated for the
activities of the Federal Judiciary to help meet the increased demands
for judicial activities, including superuised 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
290

increased demands for Department of Justice activities that will result
from enactment into law of this Act--
(A) S45,000,000 for fiscal year 1996; (B) S55,000,000 for fiscal year
1997; (C) S60,000,000 for fiscal year 1998; (D) S60,000,000 for fiscal
year 1999; and
(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 Investigation, to help meet the
increased demands for Federal Bureau of Investigation activities that
will result from enactment into law of this Act-- (A) S35,000,000 for
fiscal year 1996; (B) $40,000,000 for fiscal year 1997 (C) S50,000,000
for fiscal year 1998; (D) $60,000,000 for fiscal year 1999; and (E)
S60,000,000 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 Attorneys", 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) $s,ooo,ooo for fiscal year
1997; (c) slo,ooo,ooo for fiscal year 1998; (D) $12,000,000 for fiscal
year 1999; and (E) S15,000,000 for fiscal year 2000.
(e) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE DEPARTMENT OF
THE TREASURY.--There is authorized to be appropriated 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 Center, the Criminal Investigation
Division of the Internal Revenue Service, and the United States Secret
Service to help meet the increased demands for Department of Treasury
activities that will result from enactment into law of this Act--
(1) $30,000,000 for fiscal year 1995; (2) $70,000,000 for fiscal year
1996; (3) $90,000,000 for fiscal year 1997; (4) $110,000,000 for fiscal
year 1998; (5) $125,000,000 for fiscal year 1999; and (6) $125,000,000
for fiscal year 2000.

TITLE XX--POLICE CORPS AND LAW EN
FORCEMENT OFFICERS TRAINING
AND EDUCATION

Subt~tle A--Police Corps

SEC. 200101. S~ORT TmE.
This subtitle ma~ be cited as the "Police Corps Act".

291

SEC. 200102. PuRPOSES.
The purposes of this subtitle are to--
(1) address violent crime by increasing the number of policewith ad
vanced ed ucation 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 beginning 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 Di
rector.
"Director" means the Director of the Office of the PoliceCorps 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
(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, transportation, 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 program 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.
SEC. 200104. ESTABIISHMENT OF OFFICE OF THE POLICE 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.
292

SEC. 200105. DESIGNATION OF LEAD AGENCY AND SUBMISSION OP 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, representatiues 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 the program;
(2) contain assurances that the State shall aduertise the as
sistance available under this subtitle
(3) contain assurances that the State shall screen and select
law enforcement personnel for participation in the program;
and
(4) meet the requirements of section 200110.

SEG 200106. SCHOLARSHIPASSISTANCE.
(a) SCHOLARSHIPS AUTHORIZED.~1) The Director may awardscholarships 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 ed ucation.
(B) In the case of a participant who is pursuing a course of edu-
cational study during substantially an entire calendar year, the amount
of scholarship payments 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 payments to a
participant to reimburse such participant for the costs of educational
expenses if the student agrees to work in a State

293

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 edu-
cational study during substantially an entire calendar year the amount
of scholarship payments made during such year shail not exceed $10,000.
(C) The total amount of payments made pursuant to subparagraph (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 educatzonal expenses.
(d) AGREEMENT.~1)(A) Each participant receiving a scholarshzp or a
payment under this section shall enter into an agreement with the
Director.
(B) An agreement under subparagraph (A) shall contain assurances 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 sufficzent cause for the
participant's dismissal under the rules applicable to members of the
police force of which the participant is a member
(ii) complete satisfactorily--
(V an educational course of study and receipt of a bac
calaureate degree (in the case of undergraduate study) or
the reward of credit to the participant for having completed
one or more grad uate courses (in the case of grad uate
study); and
(IV Police Corps training and certification by the Di
rector that the participant has met such performance standards as may
be established pursuant to section 200108; and (iii) repay all of the
scholarship or payment received plus interest at the rate of 10 percent
if the conditions of clauses '~) and (zz) are not complied with.
f2)(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--
(z) dies; or
(ii) becomes permanently and totally disabled as establzshed by the
sworn affidavit of a qualified physician.
. (BJ If a scholarship recipient is unable to comply with the rePayment
provision set forth in paragraph (1)(B)(ii) because of a P yszcal or
emotional disability or for good cause as determined by
294

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 repayment from a participant
who violates an agreement described in paragraph (1).
(e) DEPENDENT CHILD.--A dependent child of a law enforcement of ficer--
(1) who is a member of a State or local police force or is a Federal
criminal investigator or uniformed police of ficer,
(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 repayment obligation in
exchange for the scholarship assistance provided in this section.
(p APPLICATION.--Each participant desiring a scholarship or payment
under this section shall submit an application as prescribed by the
Director in such manner and accompanied by such information as the
Director may reasonably require.
SEC. 200107. SELECTION OF PARTICIPANTS.
(a) IN GENERAL.--Participants in State Police Corps programs shall be
selected on a competitive basis by each State under regulations
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 achievement 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;
(C) possess the necessary mental and physical capabilities and
emotional characteristics to discharge effectively the duties of a law
enforcement of ficer;
(D) be of good character and demonstrate sincere motivation 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

295

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 ~ years after the date of enactmentof
this Act, up to 10 percent of the applicants accepted into the Police
Corps program may be persons who--
(~) 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 secion 200109, and
such a participant shall be subject to the same benefits and
obligations under this subtitle as other participants, inluding those
stated in section (b)(1) (E) and (F).
(ii) Clause (i) shall not be construed to preclude counting a par-
ticipant's previous period of law enforcement experience for purposes
ther than satisfaction of the requirements of section 200109, such ~s
for purposes of determining such a participant's pay and other nefits,
rank, and tenure.
(3) It is the intent of this subtitle that there shall be no more an
20,000 participants in each graduating class. The Director hall approve
State plans providing in the aggregate for such enroll~ent of
applicants as shall assure, as nearly as possible, annual ~aduating
classes of 20,000. In a year in which applications are eceived in a
number greater than that which will produce, in the udgment of the
Director, a graduating class of more than 20,0Q0, e Director shall, in
deciding which applications to grant, give ~eference to those who will
be participating in State plans that prode law enforcement personnel to
areas of greatest need.
(c) RECRUITMENT OF MINORITIES.--Each State participating in ~e Police
Corps program shall make special efforts to seek and reruit applicants
from among members of all racial, ethnic or gender roups. This
subsection does not authorize an exception from the mpetitive standards
for admission established pursuant to subections (a) and (b).
(d) ENROLLMENT OF APPLICANT.I1) An applicant shall be acepted into a
State Police Corps program on the condition that the pplicant will be
matriculated in, or accepted for admission at, a -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
paragraph (1), the applicant's acceptance in the program shall be
voked.
(e) LEAVE OF ABSENCE.~1) A participant in a State Police orps program
who requests a leave of absence from educational udy, training or
service for a period not to exceed 1 year (or 18 ~onths in the
aggregate in the event of multiple requests) due to
296

temporary physical or emotional disability shall be granted suchi leave
of absence by the State.
(2) A participant 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) 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 educational
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 TRAlNING.
(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 determines 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, in-
stitutions 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 utiiize on a reimbursable basis space in Federal
buildings and other resources.
(4) The Director may authorize such expenditures as are necessary for
the effective maintenance of the training centers, including purchases
of supplies, uniforms, and educational materials, and the provision of
subsistence, quarters, and medical care to participants.
(b) TR~qlNING 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, the participant shall complete 16
weeks of training at times determined by the Director.
(c) FURTHER TRAINING.--The 16 weeks of Police Corps training authorized
in this section is intended to serve as basic law enforcement 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 additional training by the State
or local authority to which the participant 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

297

(d) COURSE OF TRAINING.--The training sessions at trainingcenterS
established under this section shall be designed to prouide basic law
enforcement training, including vigorous physical and mental training
to teach participants self-discipline and organizational loyalty and to
impart knowledge and understanding of legal processes and law
enforcement.
(e) EVALUATION OF PARTICIPANTS.--A participant shall be evaluated
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 OBLIGATION.
(a) SWEARING IN.--Upon satisfactory completion of the participant'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 contained 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 Director 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)(1)(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 is satisfac-
torily completed, section 200106(d)(1)(B)(iii) shall not apply.
SEC. 200110. STATEPLANREQUIREMENTS.
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 geoa~hic areas
in which--
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(A) there is the greatest need for additional law en
forcement 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 participant'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 f~om the Police Corps program at any time, only for good
cause (including failure to make satisfactory progress in a course of
educational study) and after following 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.
SEC. 200111. ASSISTANCE TO STATES AND LOCALITIES EMPLOYING POLICE CORPS
OFFICERS.
Each jurisdiction directly employing Police Corps participants during
the 4-year term of service prescribed by section 200109 shall receive
$10,000 on account of each such participant at the complet~on 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 payment
is to be made, not counting Police Corps participants as-
signed under section 106, has declined more than 2 percent
since January 1, 1993; or
(B) which has members who have been laid off but not
retired; and

299

(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 APPROPRL~TIONS.
There are authorized to be appropriated from the General Fund of the
Treasury to carry out this subtitle--
(1) $100,000,000 for fiscal year 1995
(2) $300,000,000 for fiscal year 1996; and
(3) such sums as may be necessary for each of the fiscal years 1997,
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 General, the President, the
Speaker of the House of Representatives, and the President 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 make
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 Scholarships 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 bac
calaureate 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.
"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.
300

"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.
SEG 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 compared 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.
SEC.200204. EsTAsLlsHMENT OF PROGRAM. (a) USE OF ALLOTMENT.--
(1) IN GENE~AL.--A State that receives an allotment pursuant 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) em
ployment for a period not to exceed 1 year.
(2) EMPLOYMENT.--The employment 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 edu-
cation and who demonstrate an interest in undertaking a
career in law enforcement
(B) shall not be in a iaw 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 appropriations, 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.
(c) RESPONSIBILITIES OF DIRECTOR.--The Director shall be responsible
for the administration of the programs conducted pursuant to this
subtitle and shall, in consultation with the Assistant Sec

301

retary for Postsecondary Education, issue rules to implement
thissubtitle.
(d) ADMINISTRATIVE EXPENSES.--A State that receives an allotment 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 enforcement 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 of law enforcement
personnel.

SEG 200205. SCHOLARSHIPS.
(a) PERIOD oP AWARD.--Scholarships awarded under this subtitle shall be
for a period of 1 academic year.
(b) USE OF SCHOLARSHIPS.--Each individual awarded a scholarship under
this subtitle may use the scholarship for educational expenses at an
institution of higher education.

SEC 200206. ELIGIBILITY.
(a) SCHOLARSHIPS.--A person shall be eligible to receive a scholarship
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 APPLICATION.

(a) IN GENERAL.--Each State desiring an allotment under section 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 em
ployment program for which assistance under this subtitle issought;
(2) contain assurances that the lead agency will work in co
operation with the local law enforcement liaisons, representatives of
police labor organizations and police management organizations, and
other appropriate State and local agencies to develop and impl~ment
interagency agreements designed to carry out this subtitle;
(3) contain assurances that the State will advertise the
scholarship assistance and student employment it will prouide under
this subtitle and that the State will use such programs to enhance
recruitment efforts;
(4) contain assurances that the State will screen and select
law enforcement personnel for participation in the scholarship program
under this subtitle:
302

(5) con tain assurances that under such student employment 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 scholar ships unde~ this subtitle;
(7J with respect to such student employment program, iden~ tify--
(~J the employment tasks that students will be as
signed toperforrn;
(B) the compensation that students will be paid to per
forrn 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 ~neet
the educational and professional needs of law enforcerner~t personnel;
and
(9) contain assurances that the State will promote cooperative
agreenzents with educational and law enforcement agencies to enhance
law enforcement personnel recruitment efforts in institutions of higher
education.
SEC. 200208. LOCAL APPLICATI0N.
(a) IN GENERAL.--A person who desires a scholarship or employment under
this subtitle shall submit an application to the State at such time in
such manner, and accompanied by such inform(ztion as the State may
reasonably require.
(b) CONTESTS.--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 en~ployment
under this subtitle, each State shall give priority to applications
from persons who are--
(1) members of racial, ethnic, or gender groups whose representation in
the law enforcement agencies within the State is substantially less
than in the population eligible for employment in law enforcement in
the State;
(2) pursuing an undergraduate degree; and
(3) not receiving financial assistance under the Higher Education Act
of 1965.
SEC 200209. SCHOLARSHIP AGREEMENT.
(a) IN GE1VERAL.--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--
(V provide assurances that the scholarship recipient will work with a
law enforcement position in the State that awarded the scholarship in
accordance with the service obligation describe~ in subsection (c)
after completion of the scholarship re

303

cipient's academic courses leading to an associate, bachelor,
orgraduate 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 requirements of the agreement are not
complied with, unless the scholarship recipient--
(A) dies;
(B) becomes physically or emotionally disabled, as es
tablished 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 thescholarship
recipient may seek employment in the field of law enforcement ~n a
State other than the State that awarded the scholarsh~p.
(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 satisfying the requirement 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. AU~ORIZ~rION OF APPROPRlATIONS. (a) GENERAL
AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated from the General Fund of the Treasury to carry out this
subtitle--
(1) $30,000,000 for fiscal year 1996;
(2) $30,000,000 for fiscal year 1997
(3) $30,000,000 for fiscal year 1998
(4) $30,000,000 for fiscal year 1999; and
(5) $30,000,000 for fiscal year 2000.
(b) USES OF FUNDS.--Of the funds appropriated under subsection (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 prouide employment described in
sections 200204(a)(1)(B) and 200204(a)(2).
TITLE XXI--STATE AND LOCAL LAW
ENFORCEMENT
Subtitle A--Byrne Program

SEC 210101. EXTENSION OF BYRNE GRANT FUNDING.
There is authorized to be appropriated for fiscal years 1995
rough 2000 such sums as may be necessary to carry out the pro-
grams under parts D and E of title I of the Omnibus Crime Control
304

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;
(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;
(2) by redesignating section 2301 as 2401; and
(3) by inserting after part V the following new part:

"PART W--FAMILY SUPPORT

"SEC. 2301. DUTIES. "The Attorney General shall--
"fl) 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 prouide 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.
"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 services to law
enforcement personnel.
"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.

305

(b) REQUIRED ACTIVITIES.--A law enforcement agency or organization that
receives funds under this part shall provide at least one of the
following services:
"(V Counseling for law enforcement family members.
"(2) Child care on a 24-hour basis.
"(3) Marital and adolescent support groups.
"(4) Stress reduction programs.
"(5) Stress education for law enforcement recruits and families.
"(6) Technical assistance and training programs to support any or all
of the services described in paragraphs (1), (2), (3), (4), and (6).
'(c) OPTIONAL ACTIVITIES.--A law enforcement agency or organization
that receives funds under this part may provide the following services:
"(V 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. APPLlCATIONS.
"A law enforcement agency or organization desiring to receive a grant
under this part shall submit to the Attorney General an application at
such time, in such manner, and containing or accompanied by such
information as the Attorney General 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. 2305. AWARD OF GRANTS; LIMITATION.
(a) GRANT DISTRIBUTION.--In approving grants under this part, the
Attorney General shall assure an equitable distribution of
306

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 enforc,ment agency
or $250,000 to a law enforcement organization for
period not to exceed 5 years. In any application from a State or loc~
law enforcement agency or organization for a grant to continue
program for the second, third, fourth, or fifth fiscal year followin
the first fiscal year in which a grant was awarded to such agenc the
Attorney General shall review the progress made toward meetin the
objectives of the program. The Attorney General may refuse ro award a
grant 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 organization may be used for
administrative purposes.

"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.

"SEC.2307. REPORTS.
"A State or local law enforcement agency 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.

"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 enforcemen~
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 ofthe
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.

                         307

              P~RT V--TRANslTIoN-EFFEcrlvE DATE-REPEALs
    ~Sec. 2301. Cont~nua~ion of rules, authorities, and priuileges.".
       (c) AUTHORIZATION OF APPROPRIATIONS.--Section 1001(a) of the
    Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
    3711 et seq.), as amended by section 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

         "(1) $2,500,000 for fiscal year 1996-
         "(2) $4,000,000 for fiscal year 199i;
         "(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. SIIORT TITLE.
      This subtitle may be cited as the "DNA Identification Act of

    SEC. 210302. FUNDING TO IMPROVE THE QUALITY AND AvAILAsILlrY
           OF DNA ANALYSES FOR LAW ENFORCEMENT IDENTIFICA-
           TION 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, lS amended--
         (I) by striking "and" at the end of paragraph (23);
e        (2) by striking the period at the end of paragraph (24) and
      ~nserting "; and"; and
         (3) by adding at the end the following new paragraph:
         "(25) developing or improving in a forensic laboratory a ca-
      pability to analyze deoxyribonucleic acid (hereinafter in this
      t~tle 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))
     amended by add~ng 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 anal-
      ys~s capabllity 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 per-
         formed at, such laboratory will be accessible only--
               a(i) to criminal justice agencies for law enforcement
            identification purposes;
               "(ii) in judicial proceedings, if otherwise admissi-
            ble pursuant to applicable statutes or rules;
                                  308

"(iii) 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
"(iu) if personally identifiable information is removed, for a
population statistics database, for identification research and
protocol deuelopment purposes, or for quality control purposes; and
"(C) such laboratory, and each analyst performing DNA analyses at such
laboratory, will 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 of the DNA Identi-
fication Act of 1394.".
(c) DNA IDENTIFICATION GRANTS.--
(I) 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

"SEC.2401. GRANT AUTHORlZATION.
"The Attorney General 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 General in which the applicant certifies
that--
"(1) DNA analyses performed at the laboratory will satisfy or exceed
then current standards for a quality assurance program 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 per
formed at the laboratory shall be made available only--
"(A) to criminal justice agencies for law enforcementidentification
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

309

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 re-
search and protocol development purposes, or for quality
control purposes, and
"(3) the laboratory and each analyst performing DNA analyses at the
laboratory shall undergo, at regular intervals not exceeding 180 days,
external proficiency testing by a DNA profic~ency testing program that
meets the standards issued under section 210303 of the DNA
Identification Act of 1994.

"SEG 2404. ADUINISTRATIVE 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 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 General may provide technical assistance as requ~red.

"SEC.2405. RESTRICTIONS ON USE OF FUNDS.
'(a) EEDERAL 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 application submitted
for the fiscal year for which the project receives assistance.
'(b) ADMINISTRATIVE COSTS.--A State or unit of local government 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 reasonably 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 re-
quire.
(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
General shall submit to the Speaker of the House of Representatives and
the President pro tempore of the Senate, a report that includes--
310

"(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 General, the Comptroller General, 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 General, or their
designated agents, such books, documents, 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), is amended by striking the matter
relating to part X and inserting the followin~:

"PART X--DNA IDENTIrIcATIoN GRANTS

"Sec.2401. Grant authorzzation. "Sec.2402. Applications. "Sec.2403.
Application requirements. Sec. 2404. Administrative provisions. sec.
2405. Restrictions on use of funds. "&c.2406. Reports. "Sec. 2407.
Expenditure records.

~PART Y--DATE REPEALER

"&c.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 part X--
"(1) $1,000,000 for fiscal year 1996;
"(2) $3,000,000 for fiscal year 1997;
"(3) $5,000,000 for fiscal year 1998;
"(4) $13,500,000 for fiscal year 1999; and
"(5) $17,500,000 for fiscal year 2000.".
(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.

SEC.210303. QUALITY ASSURANCE STANDARDS.

(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

311

methods from among nominations proposed by the head of the Nattonal
Academy of Sciences and professional societies of crime laboratory
officials.
(B) The aduisory board shall include as members scientists from State,
local, and private forensic laboratories, molecular genetLcists and
populat~on geneticists not affiliated with a forensic laboratory, and a
representative from the National Institute of Standards and Technology.
(C) The advisory board shall develop, and if appropriate, periodically
revise, recommended standards for quality assurance, including
standards for testing the proficiency of forensic laboratories and
forens~c analysts, in cond ucting analyses of DNA
(2) The Director of the Federal Bureau of Investigation, after tak~ng
tnto consideration such recommended standards, shall issue (and revise
from time to time) standards for quality assurance, including standards
for testing the proficiency of forensic laboratories, and forenszc
analysts, ~n conducting analyses of DNA.
f3) The standards described in paragraphs (1) and (2) shall ~;n jfy
criteria for quality assurance and proficiency tests to be apa t o the
various types of DNA analyses used by forensic labora' )f-'"5. The
standards shall also include a system for grading protu v~ lCy testing
performance to determine whether a laboratory is pe-,~ rming
acceptably.
~4) Until such time as the ad visory board has made recommendations to
the Director of the Federal Bureau of Investigation and the Dzrector
has acted upon those recommendations, the quality assurance guidelines
adopted by the technical working group on DNA analys~s methods shall be
deemed the Director's standards for purposes of this section.
(b) ADMINISTRATION OF THE ADVISORY BOARD.--fl) For admin~strat~ve
purposes, the advisory board appointed under subsection (a) shall be
cons~dered 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 ~pp.)
shall not apply with respect to the advisory board appointed under
subsection (a)
(3) The DNA ad visory board established under this section ihaU 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 years after the initial
appointments are made to the board, unless the existence of he board is
extended by the Director of the Federal Bureau of InvesFatcon.
(C) PROFICIENCY TESTING PROGRAM.~1) Not later than 1 year fter the
effective date of this Act, the Director of the National Instite of
Justice shall certify to the Committees on the Judiciary of he House
and Senate that--

(A) the Institute has entered into a contract with, or made
a ~rn n t t ,. ..

a grant to, an appropriate entity fo; establishing, or has taken other
appropriate action to ensure that there is established, not later than
2 years after the date of enactment of this Act, a blind external
proficiency testing program for DNA analyses, which shall be available
to public and private laboratories performing forensic DNA analyses;
312

(B) a blind external proficiency testing program for DNA analyses is
already readily available to public and private laboratories 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 proficiency
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 INFORUATION.
(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 samples recovered from crime scenes; and
(3) analyses of DNA samples recovered from unidentified human remains.
(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 criminal justice
agency in accordance with publicly available standards 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 meeting 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 ad,nissible pur
suant 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 re
search and protocol development purposes, or for qualitY
control purposes.

313

(c) FAILURE To COUPLY.--Access to the index established bythis section
is subject to cancellation if the quality control and privacy
requirernents described in subsection (b) are not met.
SEC 210305. FEDERAL BUREAU OF INVESTIGATION. (a) PROFICIENCY TESTING
REQUIREMEMENTs.--
(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 proficiency of DNA analysis performed
at the Federal Bureau of Investigation laboratory.
(C) In this paragraph, "blind external test" means a test ~hat is
presented to the laboratory through a second agency and zppears to the
analysts to involve routine evidence.
(2) REPORT.--For 5 years after the date of enactment of this
. the Director of the Federal Bureau of Investigation shall
~nit to the Committees on the Judiciary of the House and
te an annual report on the results of each of the tests dei. r bed in
paragraph (1).
RIVACY PROTECTION STANDARDS.--
(1) GENERALLY.--Except as provided in paragraph (2), the
I ts of DNA tests performed for a Federal law enforcement Ggency for
law enforcement purposes may be disclosed only--
(A) to criminal justice agencies for law enforcement
identification purposes;
(B) in judicial proceedings, if otherwise admissible pur
suant to applicable statues or rules; an1d
(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
chorged.
(2) EXCEPTION.--If personally identifiable information is removed, test
results may be disclosed for a population statistics database, for
identification research and protocol development purposes, or for
quality control purposes.
(C) CRIMINAL PENALTY. (1) A person who--
(A) by virtue of employment or official position, has possession 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.
D (2) A person who, without authorization, knowingly obtains ~A samples
or individually identifiable DNA information indexed 'n a database
created or maintained by any Federal law enforcent agency shall be
fined not more than $100,000.
314

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
1959; and (5) $1,000,000 for fiscal year 2000.

Subtitle D--Police Pattern or Practice

SEC. 210401. CAUSE OF ACTION.
(a) UNLAWFUL CONDUCT.--It shall be unlawful for any governmental
authority, or any agent thereof, or any person acting on behalf of a
governmental authority, to engage in a pattern or practice of conduct
by law enforcement officers or by officials or employees of any
governmental agency with responsibility for the administration of
juvenile justice or the incarceration of Juvenlles that deprives
persons of rights, privileges, or immunities secured or protected by
the Constitution or laws of the United States.
(b) CIVIL ACTION BY ATTORNEY GENERAL.--Whenever the Attorney General
has reasonable cause to believe that a violation of paragraph (1) has
occurred, the Attorney General, for or in the name of the United
States, may in a civil action obtain appropriate equitable and
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.
(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.

(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 or
ganizations for the purposes of improving criminal justice agen
cy efficiency through computerized automation and techno
logical improvementS-       ~      . .. ..    .
(2) TYPES OF P OGRAMS.--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;

315

(C) accomplish paper-flow reduction;
(D) establish or improve ballistics identification programs;
(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.--
(I) IN GENERAL.--The Attorney General shall, subject to the
availab~lity of appropriations--
(A) expand and 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 actiue support of
investigations by Federal, State, and local law enforcement agencies of
violent ser~al crimes.
(2) IMPROVEMENT OF FACILITIES.--The improvement descr~bed ~n subsection
(a) shall include improvements of the training facilities of the
Federal Bureau of Investigation Academy at Quantico, Virginia.
(3) INTELLIGENT INFORMATION SYSTEM.--The intelligent informat~on system
described in paragraph (1)(B) shall be developed and implemented by the
Federal Bureau of Investigation and shall utilize the resources of the
Vi.,lent 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 199i
(C) $23,000,000 for fiscal year 1998
(D) $23,000,000 for fiscal year 1999, and
(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 cs recogrtized as eligible for the
special programs and servtces pro-
316

vided by the United States to Indians because of their status as
Indians.
"State" means a State, the District of Columbia, the Com
monwealth of Puerto Rico, the Commonwealth of the NorthernMariana
Islands, American Samoa, Guam, and the United States Virgin Islands.

Subtitle F--Other State and Local Aid

SEC. 210601. REAuTHORlzATION 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 inserting "1994
and 1995";
(2) in paragraph (2) by striking "1993 and 1994" and inserting "1994
and 1995";
(3) in paragraph (3) by striking "1993 and 1994" and inserting "1994
and 1995";
(4) in paragraph (5) by striking "1993 and 1994" and inserting "1994
and 1995";
(5) in paragraph (6) by inserting "and 1995" after "1994";
(o in paragraph (7) by striking "1991, 1992, 1993, and
1994," and inserting "1994 and 1995";
(o in paragraph (8) by inserting "and 1996" after "1994";
and
(8) in paragraph (9) by inserting "and 1995" after "19.~4".

SEC. 210602. FEDERAL ASSISTANCE TO EAsE THE INCREASED BUR
DENS ON STATE COURT SYSTEMS RESULTING FROM ENACTMENT OF THIS ACT.
(a) I~ GENERAL.--The Attorney General shall, subject to the
availabili~y 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
participa~ts 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 General shall have
final authority over all funds awarded under this section.
(c) RECORDS.--Each recipient that receives a grant under this section
sh211 keep such records as the Attorney General may require to
facilitate an effective audit.
(d) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appr~priated to carry out this section-- (V)
(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.

317

SEC. 210603. AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST FUND TO FUND
ACTlVlTIES AUTHORIZED BY THE BRADY HANDGUN VIOLENCE PREVENTION ACT AND
THE NATIONAL CHILD PROTECTION ACT OF 1993.
(a) APPRoPRLATloNs.~f 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 lg9fi 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

SEC.220001. SHORT TITLE.
This title may be cited as the "Motor Vehicle Theft Prevention

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 deuelop, in cooperatzon with
the States, a national voluntary motor vehicle theft prevention program
(in this section referred to as the "program") 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 veh~cle
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 owners 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
(2) participating States and localities authorize law enforcement
officials in the State or locality to stop motor vehicles d~splaying
program decals or devices under specified conditions and take
reasonable steps to determine whether the vehicle is be~ng operated by
or with the permission of the owner.
(b) UNIFORM DECAL OR DEVICE DESIGNS.--
(1) IN GENERA~,.--The motor vehicle theft prevention program developed
pursuant to this section shall include a uniform design 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
318

(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
uoluntary consent form used to enroll in the program shall--
(1) clearly state that participation in the program is uoluntary;
(2) clearly explain that participation in the program means that, if
the participating uehicle is being operated under the specified
conditions, law enforcement officials may stop the uehicle and take
reasonable steps to determine whether it is being operated by or with
the consent of the owner, euen if the law enforcement officials have no
other basis for belieuing that the uehicle is being operated
unlawfully;
(3) include an express statement that the uehicle is not normally
operated under the specified conditions and that the operation of the
uehicle under those conditions would prouide sufficient grounds for a
prudent law enforcement officer to reasonably belieue that the uehicle
was not being operated by or with the consent of the owner; and
(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
establishing the cond itions under which participating motor uehicles
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 uehicle during certain hours of
the day; or
(B) the operation of the uehicle under other cir
cumstances that would prouide a sufficient basis for establishing a
reasonable suspicion that the uehicle 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 uehicles may be stopped. If more than one set of conditions is
established, a separate consent form and a separate design for program
decals or deuices shall be established for each set of conditions. The
Attorney General may choose to satisfy the requirement of a separate
design for program decals or deuices under this paragraph by the use of
a design color that is clearly distinguishable from other design
colors.
(3) No NEW CONDITIONS WITHOUT CONSENT.--After the program has begun,
the conditions under which a uehicle may be stopped if affixed with a
certain decal or deuice 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 uehi

319

cles under aU sets of conditions specified under the program inorder 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 uehicles and who rents or leases a motor
vehicle on which a program decal or deuice is aff~xed 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 offlcials even if the officials have no other basis for
believing that the vehicle is being operated unlawfully.
(3) FINE FOR FAlLuRE TO PROVIDE NOTICE.--Failure to provide 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 locality 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 pro~ram.
(g) REGULATIONS.--The Attorney General shalr promulgate regulations to
implement this section.
(h) AUTHORIZATION OF APPROPRIATIONS.--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 IDENTIFICATION NUMBERS.
(a) BASIC OFFENSE.--Subsection (a) of section 511 of title 18, United
States Code, is amended to read as foUows:
"(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,
shall be fined under this title, imprisoned not more than 5 years,

(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

(2) by striking the period at the end of subparagraph (C) and inserting
" and"; and

320

(3) by adding at the end the following new subparagraph:
"(D) a person who remoues, obliterates, tampers with,
or alters a decal or deuice affixed to a motor uehicle pursu-
ant to the Motor Vehicle Theft Preuention Act, if that per-
son is the owner of the motor uehicle, or is authorized to re-
moue, 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 General to implement the
Motor Vehicle Theft Preuention 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 couering a program decal or deuice affixed to a motor
uehicle pursuant to the Motor Vehicle Theft Preuention Act for the
purpose of obstructing its uisibility.".
(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 appaication of the prevention decal or device

"(a) Whoever affixes to a motor vehicle a theft preuention decal or
other deuice, or a replica thereof, unless authorized to do so pursuant
to the Motor Vehicle Theft Preuention Act, shall be punished by a fine
not to exceed $1,000.
"(b) For purposes of this section, the term 'theft prevention decal or
deuice' 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 add
ing after the item relating to section 511 the following new item:"51
IA. Unauthorized allocation of the prevention decal or delegee."

TITLE XXIII--VICTIMS OF CRIME
Subtitle A--Victims of Crime

SEC. 230101. VICTIM'S ~GHT OF ALLOCUTION IN SENTENCING.
(a) MoDlFlcArloN OF PROPOSED AMENDMENTS.--The proposed amendments to
the Federal Rules of Criminal Procedure which 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 otherwise provided by law,
but with the following amendments:
(b) IN GENERAL.--Rule 32 of the Federal Rules of Criminal Procedure is
amended by--
(1) striking "and" following the semicolon in subdivision
(c)(3)(C):

321

(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 subd ivision (c)(3)(D), striking "equivalent opportunity" 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: "(f) 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 aga~nst the
person or property of another, 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 a30102. SENSE OF THE SENATE CONCERNING THE RIGHT OF A VICTIM ~F 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
(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.
322

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 ~
available forgrants 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 per-
cent of the total amount deposited in the Fund during the pre-
ceding fiscal year as a reserve for use in a year in which the
Fund falls below the amount available in the previous year.
Such reserue 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 subsection:
"(e) Notwithstanding any other law, zf the compensatZon pazd by an
eligible crime victim compensation program would couer 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 re
gard to the existence of the crime victim compensation program. ".

SEC. 230203. ADMINISTRATIVE COSTS FOR CRIME VICTIM CO.UPENSA
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".
(b) REQUIREMENTS OF EXCEPTION.--Section 1403(a) of the Victims of Crime
Act of 1984 (42 U.S.C. 10602(a)) is amended by adding at the end the
following new paragraph:

323

"(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.


SEC. 230205. ADMINISTRATIVE COSTS FOR CRIME VICTIMASSISTANCE (a)
CREATION OF EXCEPTION.--Section 1404(b)(2) of the Victims of Crzme Act
of 1984 (42 U.S.C. 10603(b)(2)) is amended by striking n elzgzble and
insertlng "Except as provided in paragraph (3), an

(b) REQUIREMENTS OF EXCEPTION.--Section 1404(b) of the Victzms of Crzme
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 asszstance
program receiving such sums.".

SBC. 230206. MAINTENANCE OP EFFORT.
Section 1407 of the Victims of Crime Act of 1984 (42 U.S C 10604) zs
amended by adding at the end the following new sub

"(h) Each entity receiving sums made available under this Act for
admmzstratzve 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. C~ANGE OF DUE DATE FOR REQUIRED REPORT.
Section 1407(g) of the Victims of Crime Act of 1984 (42 U.s.C.
10604(g)) zs amended by striking "and on December 31 every two yearo
thereafter', and inserting "and on June 30 every two years

SEC. 230208. AA~ENDMENT OF THE VICTIMS OF CRIME ACT.

Section 1404(a)(5)(B) of the Victims of Crime Act of 1984 (42 .S.C.
10603(a)(5)(B)) is amended to read as follows:
(B) $200,000 thereafter.".

TITLE XXIV--PROTECTIONS FOR THE ELDERLY

SEC 240001. MISSING ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM

(a) GRANT.--The Attorney General shall, subject to the availz zty of
approprzatzons, award a grant to an eligible organization asszst the
organization in paying for the costs of planning, de
szgningJ establishing, and operating a Missing Alzheimer's
Diseaseatzent Alert Program, which shall be a locally based, proactive
program to protect and locate missing patients with Alzheimer's disse
and related dementias.
(b) APPLICATION.--To be eligible to receive a grant under sub
sectzon (a), an organization shall submit an application to the Attor-
324

ney General at such time, in such manner, and containing such in-
formation 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) $1,000,000 for fiscal year 1996;
(2) $1,000,000 for fiscal year 1997, and
(3) $1,000,000 for fiscal year 1998.

SEC.240002. CRIMES AGAINST THE ELDERLY.
(a) IN GENERAL.--Pursuant to its authority under the Sentencing 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 sufficiently 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) CRITERIA.--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 physicalharm
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 de
fendant 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 Federal or
State court.
(c) DEFINITIQNS.--In this section--
"crime of violence" means an offense under section 113, 114,
1111, 1~12, 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.

SEC.240003. SAFE SENIOR CORRIDORS GPANTS.
(a) GENERAL AUTHORITY.--The Attorney General may make grants to States,
units of local governments, Indian tribal governments, and other public
agencies to support pilot projects for controlling crime and ensuring
public safety in areas that have a high population density of senior
citizens or related special needs.
(b) PURPOSE o~ GRANTS.--A pilot project grant under subsection (a)
shall have the explicit purpose of providing senior citizens with
enhanced protections from crime, partzcularly vzolent

325

predatory crime, in geographic areas where their population densztzes
or thezr actzvzties make senior citizens particularly vulnerable.
PLICATIONS.--
(1) IN GENERAL.--The Attorney General shall prescribe re quzrements for
the manner of filing and content of applications for funding under this
part. (2) CONTENTS.--An application under this section shall, at

!A) demonstrate innovative plans aimed at establishing corrzdors of
safety for senior citizens by increasing the numbers, presence, and
watchfulness of law enforcement officers, community groups, and
business owners and employ

(B) demonstrate the use of broad and diverse communzty-based volunteer
efforts.

(f) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
approprzated to carry out this section--
(1) $1,000,000 for fiscal year 1996- and
(2) $1,000,000 for fiscal year 1997.

TITLE XXV--SENIOR CITIZENS AGAINST
MARKETING SCAMS

SEC.250001. S~OPT TITLE.
This Act may be cited as the "Senior Citizens Against Market Fraud Act"

SEC.20002. ENHANCED PENALTIES FOR TELEMARKETING FRAUD
(a) OFFENSE.--Part I of title 18, United States Code, is amend-

(1) by redesignating chapter 113A as chapter 113B; and
(2) by inserting after chapter 113 the following new chap

"CHAPTER 113A--TELEMARKETING FRAUD

Sec. 2325. Definition.
Sec. 2326. Enhanced penalties.
Sec. 2327. Mandatory restitution.
Sec. 2325. Definition
"In this chapter, 'telemarketing'--
is cOnducted tOs l~andpulcaen,~ program~ promotion, or campaign that

"(A) purchases of goods or services; or
(B) participation in a contest or sweepstakes,
326

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 sweepstakes 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 il
lustration; and
"(D) has been issued not less frequently than once a
year,

if the person making the solicitation does not solicit customersby
telephone but only receives calls initiated by customers in response to
the catalog and during those calls take 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 under 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 sections, respectzvely.

"2327. Manda~ory restitution

"(a) IN GENERAL.--Notwithstanding section 3663, and in addition to any
other civil or criminal penalty authorized by law, the court shall
order restitution for any offense under this chapter.
"(b) SCOPE AND NATURE OF ORDER.--
"(1) DIRECTIONS.--The order of restitution under this section shall
direct that--
"(A) the defendant pay to the victim (through the ap
propriate court mechanism) the full amount of the victim's
losses as determined by the court, pursuant to paragraph
(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 maybe 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.

327

(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 ~n determin~ng the
manner in which and the schedule according to wh~ch the restitution is
to be paid.
"(ii) For purposes of this subparagraph, the term 'economic
circumstances' includes--
"(V the financial resources and other assets of the defendant;
"(IV projected earnings, earning capacity, and other income of the
defendant; and
''(IIV any financial obligations of the defendant, includIng
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 payment 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 vict,im'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 dzrect 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 sect~on 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 re-
                                  328

ceived by the victim under the restitution order fully compensate 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 superuised 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 an~ grant9 contract, loan, professional
license, or commercial license provided by an agency of the United
States or with appro priated funds of the United States if the
defendant fails to com ply 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 con-
sider 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 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, 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
~Jnited States Attorney's delegee) to submit further affidavits or
other supporting documents, demonstrating the victim's losses.
(3) ADDITIONAL DOcuMENTATlON 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.
(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


                                  329

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 approrpriate 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 find~ngs 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
v~ct~m 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 guard ~an. ".
(b) TECHNICAL AMENDMENTS.--
(1) PART ANALYSIS.--The part analysis for part I of title 18
United States Code, is amended by striking the item relating to
  chapter 113A and inserting the following
"11~ Telemarketing fraud .................   2325
"113B. Terrorism.............................2331".
(2) CHAPTER 113B.--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--TERRORISM".
SEC. 260003. INCREASED PENALTIES FOR FRAUD AGAINST OLDER VICTIMS.
(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 vict~ms over the
age of 55 are adequate.
(b) REPORT.--Not later than 180 days after the date of enactment of
this Act, the Sentencing Commission shall report to Congress the result
of its review under subsection (a).
SEC. 260004. REWARDS FOR INFOR~ATION LEADING TO PROSECUTION AND
CONVICTION.
Section 3059 of title 18, United States Code, is amended by add~ng at
the end the following new subsection:
(c)(1) In special circumstances and in the Attorney General's sole
discretion, the Attorney General may make a payment of up to S10,000 to
a person who furnishes information unknown to the Government relating
to a possible prosecution under section 2326 which results in a
conviction
330

"(2) A person is not eligible for a payment under paragraph (1)

"(A) the person is a current or former officer or employee of a
Federal, State, or local government agency or instrumentality who
furnishes information discovered or gathered in the course of
government employment;
"(B) the person knowingly participated in the offense;
"(C) the information furnished by the person consists of an allegation
or transaction that has been disclosed to the public-- "(i) in a
criminal, civil, or adm~nistrative proceed~ng; "(ii) in a
congressional, administrative, or General Ac
counting Office report, hearing, audit, or investigation; or"(iii) by
the news media, unless the person is the origi
nal source of the information; or
"(D) when, in the judgment of the Attorney General, ~t appears that a
person whose illegal activities are being prosecuted or investigated
could benefit from the award.
"(3) For the purposes of paragraph (2)(C)(iii), the term 'original
source' means a person who has direct and ~ndependent knowledge of the
information that is furnished and has voluntarily provzded the
information to the Government prior to disclosure by the news med ia.
"(4) Neither the failure of the Attorney General to authorize a payment
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 th~s Act--
(1) for the Federal Bureau of Investigation to hire, equ~p, 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 attorneys,
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; (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 cooperatton with State
and local law enforcement agencies and senior cit~zen advocacy
organizations, public awareness and preuent~on initiatives for senior
citizens, such as seminars and train~ng-- (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.

332

TITLE XXII--COMMISSION
MEMBERSHIP AND APPOINTMENT

SEC. 260001. COMMISSION MEM:BERSHIP AND APPOINTMENT.
(a) MEMBERSHIP.--Section 211(B)(f) of Public Law 101-515 (104 Stat.
2123) is amended to read as follows:
"(f) NUMBER AND APPOINTMENT.--
"(1) IN 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 shall be appointed by the minority leader
of the Senate, and
"(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 maJor~ty 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
"(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.
"(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, appointed by the
President.
"(G) Two individuals representing a State or local governmental entity,
such as a Governor, mayor, or State attorney general, to be appointed
jointly by the majority leader and the minority leader of the Senate.




333

"(H) Two individuals representing a State or local gov
ernmental entity, such as a Governor, mayor, or State at
torney 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 methodology 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 cha~rperson.
"(4) APPOINTMENT DATE.--Members of the Commission shall be appointed no
later than 90 days of the enactment of

(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.--
(V Section 211(B)(i) of Public Law 101-515 (104 Stat 2124) is amended
by striking "non-reimbursablen and inserting a reimbursable".
(2) Section 211(b)(j) of Public Law 101~15 (104 Stat 2124) is amended
by adding after "Commission" the following , on a reimbursable basis,".
SEC 260002. CONFORMING AMENDMENT.
Section 3404(a) of Public Law 101-647 (42 U.S.C. 3721 note) ~s
repealed.

TlTLE XXVII PRESIDENTIAL SUMMIT
ON VIOLENCE AND NATIONAL COM-
MISSION ON CRIME PREVENTION AND
CONTROL

8EC. 27000L PRESIDENTIAL SUMITT.
Congress calls on the President to convene a national summit on
violence in America prior to convening the Commission established under
this title.

8EC 270002. ESTABLISHMENT; COMMITTEES AND TASK FORCES

(a) ESTABLISHMENT AND APPOINTMENT OF MEMBERS.--There is established a
commission to be known as the "National Commission on Crime Control and
Prevention". The Commission shall be composed of 28 members appointed
as follows:
(1) 10 persons by the President, not more than 6 of whom shall be of
the same major political party.
(2) 9 persons by the President pro tempore of the Senate, of whom shall
be appointed on the recommendation of the Ma
Jority Leader of the Senate and the chairman of the Committeeon the
Judiciary of the Senate, and 4 of whom shall be appointed on the
recommendation of the Minority Leader of the Senate and the ranking
minority member of the Committee on the Judiciary of the Senate.
                                  334

(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 the 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 carrying 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 be persons well-qualified to participate in the Commission's
examination of the subject area of crime and violence generally, with
education, training, expertise, or experzence 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, and at least 2 members of the Commission
appointed by the Speaker of the House of Representatives shall be
persons well-qualified to participate in the Commission's examination
of the subject area of the causes of the demand for drugs, with
education, training, expertise, or experience in such areas as
addiction, biomedicine, sociology, psychology, law, and ethnograp Iy
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 Representatives shall be
persons well-qualified to participate in the Commtssion's examination
of the subject area of violence in schools, with education, training,
expertise, or experience in such areas as law nforcement, education,
school governance policy and teaching, law, sociology, psychology, and
ethnography and urban poverty (including health care, housing,
education, and employment).
(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 of the Commission
appointed by the Speaker of the House of Representatives shall be
persons well-qualified to participate in the Commission's examination
of the subject area of violence against women, as surviuors 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

335

sexual assault or domestic violence cases (including medical services
an counseling), and protection of victims' rights.
SEC. 270003. PURPOSES.
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, including for implementing any
recommendations made by

(2) To bring attention to successful models and programs crime
prevention and crime control.

community for ideas for controlling and preventing criminal justice to
recommend improvements in the coordination of oca, State, Federal, and
international crime control and prevention efforts, including efforts
relating to crime near international borders.
(5) To make a comprehensive study of the economic and socia factors
leading to or contributing to crime and violence, inc u ing the causes
of illicit drug use and other substance abuse and to develop specific
proposals for legislative and administrative taibtlons to reduce crime
and violence and the factors that

(6) To recommend means of utilizing criminal justice r sources as
effectively as possible, including targeting finite cor rectional
facility space to the most serious and violent offenders and
considering increased use of intermediate sanctions for offenders who
can be dealt with adequately by such means
(?) To examine distinctive crime problems and the impact of crlme on
members of minority groups, Indians living on res ervations, and other
groups defined by race, ethnicity, religion 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 vi
ence, and other criminal and unlawful acts that particularly a,, ct
women, and to recommend Federal, State, and local s rategies for more
effectively preventing and punishing such
an acts.
(9) To examine the treatment of victims in Federal, State and local
criminal justice systems, and to develop recommendaions 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 criminal sanct~ons
impartially without discrimination on the basis of race, et nicity,
religion, gender, or other legally proscribed grounds, and to make
recommendations for correcting any deficiencies in the impartial
administration of justice on these

(11) To examine the nature, scope, causes, and complexities of vlolence
in schools and to recommend a comprehensive ret at problem.
C. a70004. RESPONSIBILITIES O~ TNE CQMMISSION
(a) IN GENERAL.--The responsibilities of the Commission shall
e such study and consultation as may be necessary or appro-
336

priate to carry out the purposes set forth in section 270003, including
the specific 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 subject of crime
and violence generally, the activities of the Commission shall include
the following
(1) Reviewing the effectiveness of traditional criminal justice
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 immigration 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 country to
receive testimony from a cross section of criminal justice
professionals, business leaders, elected officials, medical doctors,
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 unemployment, poverty,
and homelessness and drug experimentation and abuse.
(C) The effects of substance use and abuse by a relatiue
or friend in contributing to the likelihood and desire of 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 andabuse.
(E) The physiological and psychological factors that
contribute to the desire for illicit drugs.
(2) Evaluating Federal, State, and local laws and policieS on the
prevention of drug abuse, control of unlawful production~




                                  337

distribution and 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, enforcement of
Federal laws relating to the unlawful production, distribution, 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 leuels for resources and
policies i~or reducing the overall desire of individuals to experiment
with and abuse illicit drugs.
(7) Making recommendations regarding necessary improvements 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 following:
(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.
!7) Reviewing the effectiveness of current approaches in preventlng
violence in schools.
(e) VIOLENCE AGAINST WOMEN.--In addressing the subject of rual assault,
domestic violence, and other criminal and unlawful ts that particularly
affect women, the activities of the Commission all include the
following:
(1) Evaluating the adequacy of, and making recommendations 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 recommendations 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.
338

(4) Evaluating the adequacy of pretrial release, sentencing,
incarceration, and post-conviction release in relation to suc~ crimes
and acts.
(5) Evaluating the adequacy of, and making recommenda~ tions regarding,
the adequacy of Federal and State laws on se~
ual assault and the need for a more uniform statutory respo
to sex offenses, including sexual assaults and other sex
offensegcommitted 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 effective 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 recommendations 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 treatment.

SEC 270005. ADMISTRATIVE MATTERS.
(a) CHAIR.--The President shall designate a member of the CO~mission 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 shall 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, ~nited States
Code, relating to the requirement that meetings of

Federal agencies be open to the public.
SEC. 27000c. STAFF AND SUPPORT SERVICES.
(a) DIRECTOR.--With the approval of the Commission, the chairperson
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 forthe Commission.
(c) CIVIL SERVICE LAWS.--The staff of the Commission shall be appainted
without regard to the provisions of title 5, United States Cod~,
governing appointments in the competitive service. Staff compenSation
may be set without regard to the provisions of chapter 51

                                  339

~and subchapter III of chapter 53 of that title relating to classifica-
~n and General Schedule pay rates, but in no event shall any such
f personnel be compensated at a rate grea ter than the rate of basic
pay for level ES~ of the Senior Executive Service Schedule under ection
5382 of that title. The staff director shall be paid at a rate ~ot 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 St~tes Code.
(e) STAFF OF FEDERAL AGENCIES.--Upon the revuest of the CommiSSion~ the
head of any Federal agency may detail, on a reimbursable basis,
personnel of that agency t~ the Commission to assist ~n carrying out
its dutzes.
(f PHYSICAL FACILITIES.--The Administrator of the General SerVice
Administration shall provide suita ble office space for the operation
of the Commission. The facilities shall serve as the headquarters of
the Commission and shall include all necessary equipment and
lncidentals required for proper functioning
SEC. 270007. POWERS.
(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 octlon that
the Commission is authorized to take under this title.
(C) ACCESS TO INFORMATION.--The Cornmission may request directly from
any Federal agency or entity i~z the executive or legislative branch
such information as is needed t-o carry out its functions.
(d) MA1L.--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.
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 ~he President containing its
findings and recommendations. The Colnmission shall terminate 30 days
after the submission of its report.

SEC. 270009. AUTHORIATION OF APPROPRIATIONS.
There are authorized to be appropriate~ to carry out this title-- (1)
$1,000,000 for fiscal year 1996.

TITLE XXVIII SENTENCINGENCING
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 establ~shed for--
338

(4) Evaluating the adequacy of pretrial release, sentencir4~,
incarceration, and post-conviction release in relation to such crimes
and acts.
(5) Evaluating the adequacy of, and making recomme~ tions regarding,
the adequacy of Federal and State laws on ual assault and the need for
a more uniform statutory respons~ to sex offenses, including sexual
assaults and other sex offenseg 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 do mestic 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, preventionJ and protective services
for victims of such crimes and acts.
(8) Assessing the issuance, formulation, and enforcement ot~ protective
orders, whether or not related to a criminal proceed ing, and making
recommendations for their more effective 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 recommendations 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 treatment. SEC. 270005.
ADA~NISTRATIVE 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 shall 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 chairperson
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 Comm~ssion.
(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 classificatl~
and General Schedule pay rates, but in no event shall any such pe~
onnel be compensated at a rate greater than the rate of basic p~ tor
level ES~ of the Senior Executive Service Schedule under s~ 7. .5382 of
that title. The staff director shall be paid at a rate no~ -o . ~ceed
the rate of basic pay for level V of the Executive SchedUl''
CO~SULTANTS.--With the approval of the Commission, the 5f~ rector may
procure temporary and intermittent services undt ~ction 3109(b) of
title 5, United States Code.
i 1 STAFF OF FEDERAL AGENCIES.--Upon the request of the Comr~Zl ision~
the head of any Federal agency may detai~, on a reimbursable basis,
personnel of that agency to the Commission to assist in carZ~ing out
its duties.
(f) PHYSICAL FACILITIES.--The Ad ministrator of the General ~&rvice
Administration shall provide suitable office space for the op~eration
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.
~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 INFORI~LATION.--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. a7000s. REPORT; TERMINATION.
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 containing its
findings and recommendations. The Commission shall terminate 30 days
after the submission of its report.

SEC. 270009. AUTHORIZATION OF APPROPRIATIONS.
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 established for--
                                  340

"(A) the applicable category of offense committed by the
applicable category of defendant as set forth in the guide-
lines issued by the Sentencing Commission pursuant to sec-
tion 994(a)(V 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 super
vised release, the applicable guidelines or policy statementsissued 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 "un-
lawfully possess a controlled substance".
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.
(b) SENTENCING ENHANCEMENT.--Pursuant to section 994 of title 28,
United States Code, the United States Sentencing Commission 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 duplicatiue punishments for substantially
the same offense, and take into account any mitigating circumstances
that might justify exceptions.
SEC. 280004. AUTHORIZATION OF PROBATION FOR PE7rTY OFFENSES
IN CERTArN 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 SEN-
TENCING COMMISSION.
(a) ESTABr.rSHMENT OF POSITIONS.--Section 991 (a) of title 28, United
States Code, is amended--
(1) in the second sentence by striking the period and inserting "and
two of whom shall be designated by the President as
Vice Chairs.";
(2) in the fourth sentence by striking the period and inserting " and
of the Chair and the two 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--
(V by amending the first sentence to read as follows: "The Chair and
Vice Chairs of the Commission shall hold full-time
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 inserting "Chair
and Vzce Cha~rs, .
(C) TECHNICAL AMENDMENTS.--Chapter 58 of title 28, United States Code,
is amended--
(1) by striking "Chairman" each place it appears and inserting "Chair";
(2) in the fifth sentence of section 991(a) by striking "his" and
inserting "the Attorney General's";
(3) in the fourth sentence of section 992(c) by striking "his" and
inserting "the judge's";
(4) in section 994(i)(2) by striking "he" and inserting "the defendant"
and striking "his" and inserting "the defendant's"; and
(~) in section 996(a) by striking "him" and inserting "the Staff
Director".

SEC. 280006. COCAINE PENALTY STUDY.
Not later than December 31, 1994, the United States Sentencing
Commission shall submit a report to Congress on issues relating to i
sentences applicable to offenses involving the possession or distribu-
tion 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.

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 iO30(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 transmission 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, computer 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 persons or entities who
own or are responsible for the computer system receiving the program,
information, code, or command; and
"(IV(aa) causes loss or damage to one or more other persons of value
aggregating ~/;1,000 or more dur ing any 1-year period; or
"(bb) modifies or impairs, or potentially modifies or impairs, the
medical examination, medical diag nosis, med ical treatment, or med
ical care of one or more individuals; or
"(B) through means of a computer used in interstate com
nerce or communication, knowingly causes the transmission of ~ program,
information, code, or command to a computer or computer system-- "(i)
with reckless disregard of a substantial and un
justifiable risk that the transmission will--
"(V damage, or cause damage to, a computer, computer system, network,
information, data or program;

"(IV 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--
"(V occurred without the authorization of the persons or entities who
own or are responsible for the computer system receiving the program,
information, code, or command; and
"(IV(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, med ical treatment, or med ical
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" after the semi
Colon;
(2) in paragraph (3)(A) by inserting ~(A)n after "(a)(5)";
(3) in paragraph (3)(B) by striking the period at the end
t~ereof 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
t~an 1 year, or both, in the case of an offense under subsection
~)(5)(B). .
~d) CIVIL ACTION.--Section 1030 of title 18, United States Code,is
amended by adding at the end thereof the following new sub

" g) Any person who suffers damage or loss by reason of a uiolat~on of
the section, other than a violation of subsection (a)(5)(B), may
rnaintain a civil action against the violator to obtain compensator~
damages and injunctive relief or other equitable relief. Damages for
violations of any subsection other than subsection (a)(5)~A)(ii)(IV(bb)
or (a)(5)(B)(ii)(IV(bb) are limited to economic dama~es. No action may
be brought under this subsection unless

                                  343

action is begun within 2 years of the date of the act combined of or
the date of the discovery of the damage.".
(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
Government's operation of such computer".

TITLE XXX--PROTECTION OF PRIVACY OF INFORMATION IN STATE MOTOR VEHICLE
RECORDS

SEC. 300001. SHORT TITLE.
This title may be cited as the "Driver's Privacy Protection Act of
1994".
SEG 300002. PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL
INFORA~ATION FROM STATE MOTOR VEHICLE RECORDS.
(a) IN GENERAL.--Title 18, United States Code, is amended by inserting
after chapter 121 the following new chapter:

UCHAPTER 123--PROHIBITION ON RELEASE AND USE OF : CERTAlN PERSONAL
INFORMATION FROM STATE MOTOR VEHICLE ~ECORDS

~2721. Prohibition~ on release and use of certain perso~al information
from State motor vehicle records

"(a) IN GENERAL.--Except as provided in subsection (b), a State
department of motor uehicles, and any officer, employee, or contractor,
thereof, shall not knowin~ly disclose or otherwise make available to
any ~erson or entity personal information about any individual 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
record5 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

                                  344

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 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 sub
mitted by the individual to the business or its agents, em
ployees, 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 ind ivid ual.
"(4) For use in connection with any civil, criminal, administrative, 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 actiuities, 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 organization, or by a
self-insured entity, or its agents, employees, or contractors, in
connection with claims investigation actiuities, antifraud actiuities,
rating or underwriting.
"(7) For use in prouiding notice to the owners of towed or impounded
uehicles.
"(8) For use by any licensed private investigatiue 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 uerify
information relating to a holder of a commercial driuer'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.
"(IV For any other use in response to requests for individual motor
uehicle records if the motor uehicle department has provided in a clear
and conspicuous manner on forms for issuance 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.




                                  345

"(12) For bulk distribution for surueys, marketing or solicitations if
the motor uehicle department has implemented methods and procedures to
ensure that--
"(A) individuals are provided an opportunity, in a clear and
consp~cuous manner, to prohibit such uses; and
"(B) the information will be used, rented, or sold solely for bulk
distribution for surueys, marketing, and solicitat~ons, and that
surueys, marketing, and solicitations will not be directed at those
individuals who have requested in a timely fashion that they not be
directed at them.
"(13) For use by any requester, if the requester demonstrates 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 pernal
informat~on (except a recipient under subsection (b)(11) or 2)) may
resell or redisclose the information only for a use per
i itted under subsection (b) (but not for uses under subsection (b)i 1)
or (12)). An authorized recipient under subsection (b)(11) may sell or
redisclose personal information for any purpose. An authored recipient
under subsection (b)(12) may resell or redisclose pernal informatzon
pursuant to subsection (b)(12). Any authorized repient (except a
recipient under subsection (b) (11)) that resells or dzscloses personal
information covered by this title must keep for pertod of 5 years
records identifying each person or entity that reiues information and
the permitted purpose for which the information will be used and must
make such records available to the otor uehicle department upon
request.
(d) WAIVER PROCEDURES.--A State motor uehicle department ay establ~sh
and carry out procedures under which the departent or its agents, upon
receiving a request for personal informa~n that does not fall within
one of the exceptions in subsection (b), ay mail a copy of the request
to the individual about whom the nformation was requested, informing
such individual of the reuest, together with a statement to the effect
that the information zll not be released unless the individual waiues
such individual's 7ht to priuacy under this section.

;2722. Additional unlawful acts

(a) PROCUREMENT FOR UNLAWFUL PURPOSE.--It shall be unwful for any
person knowingly to obtain or disclose personal inforntzon, from a
motor uehicle record, for any use not permitted ~er section 2721(b) of
this title.
'(b) FALSE REPRESENTATION.--It shall be unlawful for any perto make
false representation to obtain any personal information ~m an
individual's motor uehicle record.

2723. Penalties

(a) CRIMINAL FINE.--A person who knowingly violates this apter shall be
fined under this title.
(b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VEHICLES.-- State
department of motor vehicles that has a policy or practice
346

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 ciuil 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 $2,600;
"(2) punitiue 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. Definitions

"In this chapter--
"(1)'motor uehicle record' means any record that pertains to a motor
uehicle operator's permit, motor uehicle title, motor vehicle
registration, or identification card issued by a department of motor
uehicles;
"(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 security
number, driuer identification number, name, address (but not the
5-digit zip code), telephone number, and medical or disability
information, but does not include information on uehicular accidents,
driuing violations, and driuer'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
fi-om
          State motor uehicle records
......................................2271

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, i 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 compli-~ance with
subsection (b) (1V and (12) euen if the procedure is not available to
individuals until they renew their license, title, registration or
identification card, so long as the State prouides some other procedure
for individuals to contact the State on their own initiatiue to
prohibit such uses or disclosures. Prior to the effective date, per-
sonal information couered by the amendment made by section 300002 may
be released consistent with State law or practice.

347

TITLE XXXI--VIOLENT CRIME

REDUCTION TRUST FUND

SEC. 310001. CREATION OF VIOLENT CRIME REDUCTION TRUST FUND. (a)
VIOLENT CRIME REDUCTION TRUST FUND.--There is established 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 subsection (b), sauings realized from
implementation of section 5 of the Federal Workforce Restructuring Act
of 1994 (5 U.S.C. 3101 note Public Law 103-226).
(b) TRANSFERS INTO THE FuND.~n the first day of the following 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 199,6, $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 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 flow~ng from
such appropriations shall not be taken into account for purposes of any
budget enforcement procedures under the Balanced Budget and Emergency
Deficit Control Act of 1985 except section 251A 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 Congressional 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 ON 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 equivalent positions compared to the current
years level in order to comply with section 5 of the Federal
Workforce Restructuring Act of 1994. ".
348

(f) ALLOCATION AND SU~ALLOCATION OF AMOUNTS IN THE FUND.--
(1) IN GENERAL.--Section 602(a) of the Congressional Budg. et Act of
1974 is amended--
(A) in paragraph (l)(A) 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
"fiv) 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 after subparagraph (C)
the following
"(D) new budget authority from the Violent Crime Re
duction 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 amongcommittees under clause
(iv) or (v) of paragraph (l)(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 allocations under clauses (iv) and (v) of
paragraph (l)(A) or subparagraphs rD) 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)(V.
rg) VIOLENT CRIME REDUCTION TRUST FUND SEQUESTRAT101~
(V 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:

"SEC. 251A. SEQUESTRAT~ON WITH RESPECT TO VIOLENT CRIME REDUCTION TRUST
FUND.
'(a) SEQUESTRATION.--Within 15 days after Congress adjourns to e1ld 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) E~ IMINATING 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 ny amount by which estimated
outlays in the budget year from ~he 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 purposes shall
be deemed to be $5,639,000,000. For fiscal year

                                  349

2000, the comparable level for budgetary purposes ,hall be deemed to be
$6,225J000,000
(2) SPECIAL oUTLAY ALLowANcE~--If estimatea' outlays
E from the Fund for a fiscal year exceed the level speci,fied 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) Loo~-BAc~.--If after June 30, an appropriation for the fis~: cal
year in progress is enacted that causes a budgetary excess in the
E~ Violent Crime Reduction Trust Fund as described in subsection (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 SEQuEsTRA7loN--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 (after taking into account any prior
sequestration of amounts under this section), 15 days later there shall
be a .~;equestration to eliminate that excess following the procedures
set fo.rth in subsection (b).
(e) PART-YEAR APPROPRL~4TIONS AND OMB ESTllU.qTES.--Paragraphs f4) and
(7) of sectiC~n 251(a) shall apply to appropriations from, and
sequestratiOn of amounts appropriated from, the Violent Crime Reduction
Trust Fun d under this section in the same manner as those paragraphs
apply to discretzonary approprzations and sequestratzons under that
section~JJ.
(2) REpoRTs~ection 254(g) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by redesignating paragraphs (4) and (5)
as paragraphs (5) and (6), respectively, and by inserting after
paragraph (3) the following new paragraph:
(4) REPORTS ON SiEQuEsTRATloN 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 l'rust Fund and outlays resulting from those a~ppropriatiOns.
"(B) The sequestration percentage and reductions, if any, required
under section 251A.".

SEC. 310002. CONFORMlNG REDUCTION IN DISCRETIONARY SPENDING 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 Resolutcon 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:
$4,207,000,000 in new, budget authority and $2,334,000,000 in outlaw
350

(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 purposeJ
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 comparab
amount for budgetary purposeS shall be deemed to be ~6,500,000,00° in
new budget authority and $6,225,000,000 in outlays.
SEC. 310003. EXTBNSION OF AUTHORIZATIONS OF AppRopRuTloN8 FOR FISCAL
YEARS FOR WHICH THE FULL AMOUNT AU. THORIZED 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 in a cer-
tain amount, the Congress makes an approprzation for that purpose for
that fiscal year in a lesser amount, that prouision or amendment shall
be considered to authorize the making of appropriations 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.
SEC 310004. FLEXll~ILlTY IN M.4KING OF APPROPRIATIONS.
(a) FEDERAL LAW ENFORCEMENT.--In the making of appropriations under any
prouision 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 appropriated for that fiscal year for any other
Federal law enforcement program for which apprOpriationS are authorized
by any other Federal law enforcement prouision 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 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 State and local law enforcement program for which
appropriationS are authorized by any other state and local law
enforcement prouision of thiS Act or amendment made by thiS ACt. The
aggregate reduction in the authorization for any particular State and
local 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.

351

(C) PREVENTION.--In the making of appropriations under any prouision of
thiS Act or amendment made by this Act that authorizes the making of an
appropriation for a prevention 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 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
program 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 sectwns:
(1) section l90001(a) (2) section l90001(b), (3) section l90001(c); (4)
section l90001(d); (5) section l90001(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 uu~norized in
any of the following sections:
(1) sections 10001-10003 (2) section 210201; (3) section 210603; (4)
section 180101; (5) section 180103; (6) section 31701-31708 (7) section
210602;
(8) section 30801-30802; (9) section 210302;
(10) section 210501; (1V section 210101; (12) section 320903; (13)
section 20101-20109; (14) section 20301;
(15) section 32201; and (16) section 20201.
vention program" means ,Following sections:
(1) section 50001
(2) section 30101-30104;

program authorized in any of
352

(3) section 30201;
(4) section 30301-30307; (6) section 30401-30403; (6) section
30501-30505; (7) section 30601;
(8) section 30701-30702; (9) section 30901-30906; (10) section
31001-31002; (11) section 31101-31133; (12) section 31201-31207; (13)
section 31301;
(14) section 31401-31405; (15) section 31501-31505; (16) section
31601-31603; (17) section 31801-31808; (18) section 31901-31922; (19)
section 32001; (20) section 32101; (21) section 32301-32307; (22)
section 32401; (23) section 40114; (24) section 40121; (25) section
40151; (26) section 40152; (27) section 40155; (28) section 40156; (29)
section 40211; (30) section 40231; (31) section 40241; (32) section
40251; (33) section 40261; (34) section 40292; (35) section 40293; (36)
section 40295; (37) section 40411-40414; (38) section 40421-40422; (39)
section 40506;
(40) section 40601-40611; (41) section 15004; (42) section 15005; (43)
section 24001; and ~44) section 24003.

TITLE XXXlI--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 viola-
tion of thiS section constitute only simple assault, be fined

353

under this title or imprisoned no~ more than one year, or both and in
all other caseS," after sha~"- and
(2) in subsection (b) by inserting "or inflicts bodily injury" after
weapon.
fb) FOREIGN OFFICIALS, OFFICL4~ GuEsrs, AND INTERNATIONALLY PROTECTED
PERSONS.--Section 112(a) of title 18, United stateS Code, is amended--
(1) by striking "not more than $5,000" and inserting "under

(2) by inserting ", or inflicts bodily injury," after "weapon"; and
(3) by striking "not more ~zan $10,000U and inserting "under this
title".
(C) MARITIME AND TERRITORIAL J~TRISDICTION.--Section 113 of title 18,
United States Code, is amended--
(1) in subsection (c)--
(A) by striking "of not mo~e 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 ~an $5,000," and inserting under this
title,";
(2) by inserting "the assault involved in the use of a dangerous
weapon, or" after "if~';
(3) by striking "not more ~an $10,000" and inserting "under this
title"; and
(4) by striking "for".
(e) PRESIDENT AND PRESIDENTS S1'AFF.--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 ti~le ',
(2) by striking "not more t~an $5,000," and inserting under this
tztle,; and
(3) by inserting "the assault irzvolved the use of a dangerous weapon,
or after if .
SEC. 320102. INCREASED PENALTIES FOR IllANsLAuGHTER~
Section 1112 of title 18, United S~ateS Code, is amended--
(1) in subsection (b)--
(A) by inserting "fined u~lder this title or" after "shall
be" in the first undesignated p~ragraph; and
(B) by inserting ', or both''after "years";
(2! by striking "not more tha~ ~1,000" and inserting "under this tztle;
and
(3) by striking "three" and inserting "six". SEC. 320103. INCREASED
PENALTIES FO~ CIVIL RIGHTS VIOLATIONS. (a)
CoNsplRAcyAGAlNsTRlGHTs-~ection 241 oftitle 18, United States Code. is
amended--
354

(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, aggrauated
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) bv insertin~ ". 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 resultsn
(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 ACTIV~TIES.--Section 245(b) of title 18, United
States Code, is amended in the matter following paragraph (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";
(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--
(V in subsection (c)(l) 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

355

(B) by inserting "from the acts committed in violation
of this sectzon or if such acts include the use, attempted use,
or threatened use of a dangerous weapon, explosives, or
fire after "bodily 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 o~her religzous
property.'.
(e) FAIR HOUSING AcT.~ection 901 of the Fair Housing Act (42 . .C.
3631) zs amended--
(1) in the caption by striking "bodily injury; death-"-
,, d(2)thb,y tsitt7rzk,ing not more than $1,000," and i'nserting

(3) by inserting "from the acts committed in violation of t zs sectzon
or ff such acts include the use, attempted use, or threatened use of a
dangerous weapon, explosives, or fire" ofter
bod ly InJury results";
(4) by striking "not more than $10,000," and inserting d h~
v~ ur~ ~lU,UUU'- ancz inserting

(5) by inserting "from the acts committed in violation of this sectzon
or ff such acts include kidnapping or an attempt to kzdnap, aggravated
sexual abuse or an attempt to commit aggravated sexual abuse, or an
attempt to kill," after "death re

(6) by striking "subject to imprisonment" and inserting"fined under
this title or imprisoned"- and
(7) by inserting " or both" after "life".

SEC. 320104 A~R TRAFFICRING IN COUNTERFEIT GOODS

(a) IN GENERAL.--Section 2320(a) of title 18, United States

(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

(2) in the second sentence---
(A) by striking $1,000,000 or imprisoned not more than fifteen years"
and inserting "$5,000,000 or imprisoned not more than 20 years ∙ and
(B)  by  striking  "$5,000,000" and  inserting

.o 6(c)(?)(D) oftitle 18, United ~SVtEa~tARYC d ~ ~or sectzon 2319
(relating to copyright infringement)," and inserting on 319 (relating
to copyrzght infringement), or section 2320 ing to trafificking in
counterfeit goods and services),".

C. 320105. D!VRRpE~SED PE/VALTY FOR CONSPIRACY TO COMMIT MUR

~ Section 1958(a) of titie 18, United States Code, is amended by pl ing
or who conspzres to do so" before "shall be fined" the first
356

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 striking "ten years" and inserting "10
years but not more than 25 years', and
(3) in subsection (i)--
(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
$20~000n 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 TRAFFICRI'NG 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 CRIlUlNAL 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 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 Dis
trict of Hawaii;
(ii) the United States Customs Service;
(iii) the Animal and Plant Health Inspection Service;
(iv) the Fish and Wildlife Service;

357

(v) the National Park Service;
(vi) the United States Forest Service;
(vii) the Military Customs Inspection Ofifice 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 conveyance, 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 introduction of nonindigenous
plant and animal species into Hawaii, and
(B) make recommendations on ways to strengthen Federal 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 Merchant 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
Thereafiter, 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 conservatlon
organizations about methods of preventing the wrongful conveyance,
sale, or introduction of nonindigenous plant and animal species into
Hawaii.
(b) CRIMINAL PENALTY.--
(1) IN GENER~L.--Chapter 83 of title 18, United States Code, is amended
by inserting after section 1716C the following new section:

~1716D. Nonmailable injurious animals, plant pests, plant~,
and illegally taken fi8h, wildlife, and plants

"A person who knowingly deposits for mailing or delivery, or Owingly
causes to be delivered by mail, according to the direction on, or at
any place at which it is directed to be delivered by
358

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. Nonrna~lable injur ous animals, plant pests, plants, and
iUegally taken fish, ~uildlife, andplants."

SEC. 320109. AIILITARY 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) DEFlNlTloNs.lA) 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 ~f Civil

Ri~hts Statutes

SEC. 320201. EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES. (a)
CONSPIRACY AG,41NST 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

Subtitle C--Audit and Report

SEC. 320301. AUDIT REQUIREMENT FOR STATE .~ND LOCAL LAW EN FORCEMENT
AGENCIES RECEIVING FEDERAL ASSET FOR~ FEITURE FUNDS.
     3 (a) STATE REQUIREMENT.~ection 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.

359

"(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 fiunds were dedicated and the amount
used for each use or expense and report the results of the audit to the
Attorney General.".
(b) INCLUSION IN ATTORNEY GENE)~AL 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 enforcement agencieS required to
be reported to the Attorney General under subparagraph (B) ofparagraph
(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 ~nserting
"; and"; and
(3) by adding at the end the following new subparagraph:
(D) a report for such fiscal year containing a description of the
administratiue and contracting expenses paid from the Fund
underparagraph (l)(A).".

Subtitle D{~oordination

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 carry~ng out the
substance abuse treatment and preuention components of the programs
authorized under this Act, to assure coordination of programs,
eliminate duplication of efforts and enhance the effectiveness of such
services.

Subtitle E~ambling

SEC. 320501. C~:.ARIFYING AMENDMENT REGARDING SCOPE OF PROHIBITION
AGAINST GAMBLING ON SHIPS IN INTERNATIONAL WATERS.
The paragraph of section 1081 of title 18, United States Code, defin~ng
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 uessel beyond the territorial waters of the Un~ted States during a
covered voyage (as defined in section 4472 of the Internal Revenue Code
of 1986 as in effect on January 1,
360

Subtitle F--White Collar Crime

Amendments

SEC. 320601. RECEIVING THE PROCEEDS OF EXl'ORTlON OR KrDNAP.
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 imprisonment for more than 1
year, knowing the same to have been unlawfully 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 follow
ing new item:"880. Receiving the proceeds of extortion.l'

(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 interstate 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 proceeds 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 meaning 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 T~E 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:

361

"~1033. Crimes by or affecting persons engaged in the business of
insurance whose activities affect interstate commerce

"(a)(V 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)(l) 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 transaction 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, abstraction, purloining, or
misappropriation described in paragraph (1) 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 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 ap
362

pointed by such of ficial or agency to examine the affairs of such
per.son, about the financial condition or solvency of Such business
sha~ 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 tha~ 10 years, or both, except that if the
false entry in any book, report or statement of such person jeopardized
the safety and soundness ~ I an insurer and was a significant cause of
Such inSurer being plac in conservation, rehabilitation, or liquidation
by an appropriaLe court, such imprisonment shall 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 en-
deavors corruptly to influence, obstruct, or impede the due and proper
administration of the law under Which any proceeding involving the
business of insurance whose activitieS affect interstate commerce is
pending before any insurance regulatory official or .. agency or any
agent or examiner appointed by Such official or agen-' cy 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)(l)(A) Any
individual who has been convicted of any crimi nal 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 commerce 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 permits 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 (l)(A) 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 subsect~on. "(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 an 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 insurers or who are other persons authorized to act on
behalf of such persons;
"(2) the term 'insurer' means any entity the business activity 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;

363

"(B) all commerce between any point in the state, territory,
possession, or the District of Columbia and any point outside thereof
"(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 penaltie8 and i~Uunctions for violations of section 1033

"(a) The Attorney General may bring a civil action in the approriate
United states district court against any person who enga~es n conduct
constituting an offense under section 1033 and, upon roof of such
conduct by a preponderance of the evidence, such pern shall be subject
to a ciuil penalty of not more than $50,000 for ch violation or the
amount of compensation which the person reiued or offered for the
prohibited conduct, whichever amount is reater. If the offense has
contributed to the decision of a court of ~propriate jurisdiction to
issue an order directing the conseruation, habilitation, or liquidation
of an insurer, such penalty shall be reitted to the appropriate
regulatory official for the benefit of the olicyholders, claimants, and
creditors of such insurer. The imposiion of a civil penalty under this
subsection does not preclude any ther criminal or civil statutory,
common law, or administrative medy, which is available by law to the
United States or any other erson.
"(b) If the Attorney General has reason to believe that a person s
engaged in conduct constituting an offense under section 1033, e
Attorney General may petition an appropriate United States disrict
court for an order prohibiting that person from engaging in uch
conduct. The court may issue an order prohibiting that person om
engaging in such conduct if the court finds that the conduct onstitutes
such an offense. The filing of a petition under this secion does not
preclude any other remedy which is available by law o the United States
or any other person.".
(b) CLERICAL AMENDMENT.--The table of sections for chapter 47 such
title is amended by adding at the end the following new tems:

1033. Crimes by or affecting persons engaged in the business of
insurance whose activities affect interstate commerce.
034. Civil penalties and injunctions for violations of section 1033.".

EC. 3ao604. A~SCELLANEOUS AMENDMENTS TO TITLE 18, UNITED STATES CODE.
(a) TAMPERING WITH INSURANCE REGULATORY PROCEEDINGS.-- ection
161~(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 subparagraph:
364

"(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 inSurance
whose activities affect interstate commerce; or".
(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)(l) Whoever--
"(A) acting as, or being, an officer, director, agent or em
ployee of a person engaged in the business of insurance whoseactivities
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 transaction relating to
the conduct of affairs 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 l9(a) of the Federal Deposit Insurance Act (12 U.S.C. 1829(a))
is amended in paragraph (2)(A)(i)(V--
(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-afifiliated
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 con

365

duct or continue any relationship prohibited under suchsubparagraph.
"(2) MINIMUM 10-YEAR PROHIBITION PERIOD FOR CERTAIN
OFFENSES.--
"(A) IN GENERAL.--If the offense referred to in paragraph (V(A) in
connection with any person referred to in such paragraph is--
"(i) an offense under--
"(U section 215, 656, 657, 1005, 1006, 1007,
1008, 1014, 1032, 1344, 1517, 1956, or 1957 of title
18, United states Code; or
"(IV 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 application of
paragraph (1) to such person during the 10-year period beginning on the
date the conviction or the agreement of the person becomes final.
' (B) EXCEPTION BY ORDER OF SENTENCING COURT.--
(i) IN GENERAL.~n 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 Fn~NG.--A motion may be filed under clause (i) at any
time during the 10-year period described in subparagraph (A) with
regard to the person 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. ADDITION OF PREDICATE OFFENSES TO FINANCIAL INSTITUTIONS
REWARDS STATUTE.
Section 3059A of title 18, United States Code, is amended-- (1) by
inserting "225,n 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 ROBBERYAND 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 association
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
366

"(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 l-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 semicolon; and
(3) by adding at the end the following new paragraph:
"(2) the term 'in any 1 year period' has the meaning given to the term
'in any one-year period' in sect~on 666.".

Subtitle G~afier streets and
Neighborhoods

SEC. 320701. SNORT TITLE.
This subtitle may be cited as the "Safer Streets and Neighborhoods Act
of 1994". SEC. 320702. LllllrTATlON 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.

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 $~,000 for any other violation.
(C) RELATIONSHIP TO OTHER PENALTIES.--The penalties established by thiS
section shall be in addition to other criminal or c~v~l 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

367

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 determination 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.
(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-Robert30n Wildlife Restoration 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 Waterfiowl 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 ef
forts will also provide a benefit to wildlife management
obJectives on Federal lands.

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 wzldlzfe
management;
(2) the Attorney General of the United States; or
(3! any person who is or would be adversely affected by the vzolat~on.

SEC. 320805. RELATIONSHIP TO STATE AND LOCAL LAW AND ClVIL ACTIONS.

This subtitle does not preempt a State law or local ordinance that
provides for Civil or criminal penalties for conduct that violates th~s
subtitle.

SEC. 320806. REGULATIONS.

The Secretary may issue such regulations as are necessary to carry out
this subtitle.

SEC. 320807. RULE OF CONSTRUCTION.

Nothing in this subtitle shall be constr~ed to impair a right uaranteed
to a person under the first article of amendment to the Const~tution or
limit any legal remedy for forceful interference with a person's lawful
participation in speech or peaceful assembly.
368

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 tak. ing or harvesting
(or attempted taking or harvesting) of wildlife or fish, on Federal
lands, which--
(A) is lawful under the laws applicable in the place it
occurs; and
(B) does not infringe upon a right of an owner of pri
vate property.
(3) NATIONAL FOREST.--The term national forest meanslands included in
the National Forest System (aS defined in section ll(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, and 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~ther 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

369

chapter, (ii) knowing or having reason to know that the information was
obtained through the interception of such a communication in connection
with a criminal investigation, (iii) having obtained or received the
information in connection with a criminal investigation, and (iv) with
intent to improperly obstruct, impede, or interfere with a duly
authorized criminal investigation, ".

SEC 320902. THEFT OF MAJOR ARTWOR~
(a) OFFENSE.--Chapter 31 of title 18, United States Code, is amended by
adding at the end the following new section:

~668. Theft of major artwork

"(a) DEFINITIONS.--In this section--
"'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 established for an essentially educational or aes
thetic 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,

(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 major 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 comm~ssiOn 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:
370

'3294. Theft of major artwork.

SEC. 320903. ADDITION OF AlTEMPTED ROBBERY, RrDNAPPING, SMUa GLING, AND
PROPERTY DAMAGE OFFENSES TO EL
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 'l~hoever attempts to violate subsection (a)(4) or
(a)(5)" and inserting 'll~hoever attempts to violate subsectton (a) .
(C) SMUGGLING.--Section 545 of title 18, United States Code, is amended
by inserting "or attempts to smuggle or clandestinely in-: troducen
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 ~t 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--
(I) 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:"(I) 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, it8 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, ordnary citizens
and foreign visitors may fear to travel to or

371

through certain parts of the country due to concern about violent crime
and gun violence, and parents may decline to send thetr ch~ldren 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 unavazling due in part to
the failure or inability of other States or localities to take strong
measures; and
"(V Congress has power, under the interstate commerce clause and other
provisions of the Constitution, to enact measures to ensure the
integrity and safety of the Nation's schools by enactment of this
subsection. ".

~EC. 320906. INTERSTATE WAGERlNG.
. 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,
ente~lirise or similar scheme conducted by another State (unless that
busl~lrss is permitted under an agreement between the States in
quest,~n or appropriate authorities of those States), knowingly
tran.~ruts in ~nterstate or foreign commerce information to be used for
t1Z. purpose of procuring such a ticket, chance, share, or interest;'
atter"scheme;".

SEC. .~20906. SENSE OF CONGRESS WITH RESPECT TO VIOLENCE AGAINST
TRUCKERS.
Ir 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 burglar~es,
kidnappings and assaults committed against commercial truckers; and
(2) appropriate Federal agencies should acknowledge this problem and
place a priority on eualuating how best to prevent these crimes and
apprehend those involved, and continue to coordinate their activities
with multijurisdictional authorities to combat v~olent crimes committed
against truckers.

.. 320907. WENSE OE THE SENATE REGARDING A STUDY ON OUT-OE

It is the sense of the Senate that--
(1) the Secretary of Health and Human Services, in consultation 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 nat~Ons, and

(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-wed
lock problem and its causes, as well as possible remedial meas
ures that could be taken.

SEG 320908. SENSE OF THE SENATE REGARDING THE ROLE OF THEUNITED NATIONS
N INTERNATIONAL ORGANIZED CRI.~E CONTROL.
It is the sense of the Senate that--
(I) 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 Com
mission 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~l,
nized crime problem.

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 espiona~Fe and related ot~enses

"The trial for any offense involving a violation, begun or com mitted
upon the high seas or elsewhere out of the jurisdiction of an
particular State or district, of--
"(I) section 793, 794, 798, or section 1030(a)(1) of this tit~
"(2) section 601 of the National Security Act of 1947 (l
U.S.C. 421); or
"(3) section 4(b) or 4(c) of the Subversive Activities Cont~
Act of 1960 (60 U.S.C. 783 (b) or (c));

may be in the District of Columbia or in any other district autho, ized
by law.".
(b) TECHNICAL AMENDMENT.--The item relating to section 323. in the
table of sections of chapter 211 of title 18, United State Code, is
amended to read as follows: "3239. Optional venue for espionage and
related offenses.l'.

SEC. 320910. UNDERCOVER OPERATIONS.
(a) IN GENERAL.--Chapter I of title 18, United States Code, amended by
adding at the end the following new section:

",21. Stolen or counterfeit nature of property for cert~ crimes defined

"(a) Wherever in thiS title it iS an element of an offense that--
"(I) 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 chat-
acter;

such element may be established by proof that the defiendant, a~*r or
as a result of an offficial representation as to the nature of the
property, believed the property to be embezzled, robbed, stolen, con-
verted, taken, altered, counterfeited, falsely made, forged, or
Obliterated.

373

(o ~or purposes of this section, the term 'offficial representation'
meanS any representation made by a Federal law enforcement o~icer (aS
defined in section 116) or by another person at the direction or With
the approval of such an offficer.".
(b) TECHNICAL AMENDMENT.--The table of sections of chapter I of title
18, United States Code, is amended by adding at the end the following
new item:
"21. Stolen or counterfeit nature of proper~y for ce~tain cr~mes
defined".

S~C. 320911. M~SUSE OF INITIALS "DEA".
(a) AMENDMENT.--Section 709 of title 18, United States Code, is
amended--
(I) 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:
"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 connection 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, soft~uare or other
publication, play, motion picture, broadcast, telecast,
other production is approued, endorsed, or authorized by the Drug
Enforcement Administration;".
(b) EFFECTIVE DATE.--The amendment made by subsection (a) O,~all become
effective on the date that is 90 days after the date of ~nactment of
this Act.

--C. 320912. DEFINITION OF LIVESTOCK
Section 2311 of title 18, United States Code, is amended by in
;ting after the second paragraph relating to the definition of "catle
the follow~ng new paragraph:
"'liuestock' means any domestic animals raised for home use vnsumption,
or profit, such aS horses, pigs, llamas, goats, fowl, -leep, buffalo,
and cattle, or the carcasses thereof.".

~C. 320913. ASSET FORFEITURE.

(a) AMENDMENT.--Section 524(c)(1) of title 28, United States Code, is
amended--

(I) 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 giuing rise ~o
the forfeiture and the date of the forfeiture order; and".
bj APPL1CATION OF AMENDMENT.--The amendment made by subst/(ition (a)
shall apply to all claims pending at the time of or com l~1enced
subsequent to the date of enactment of this Act.
374

SEG 320914. CLARIFICATION OF DEFINITION OP A "COURT OF lWE UNITED
STATES" TO INCLUDE THE DISTRICT COURTS FOR GUAM, THE NORTHERN IIL41UANA
ISLANDS, AND THE V112.

fa) IN GENERAL.--Chapter 1 of title 18, United States Code, zg amended
by adding at the end the following new section:

"23. Court of the United States defined

"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 AMENDME T.--The chapter analysis for chapter 1 of title
18, United States Code, is amended by adding at the end the followin~
new item:
~23. Court of the United States defined "

SEC. 3aosls. LAW ENFORCEA~ENT 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 Order 12839 and other
Executive memoranda mandating reductions in the Federal workforce.

SEC. 320916. AUTHORITY TO INVESTIGATE VIOLENT CRIMES AGAINST TRAVELERS.
fa) IN GENERAL.--Chapter 33 of title 28, United States Code, i8 amended
by adding at the end the following new section:

",540A. Investigation of vioZent crimes against travelers

"(a) IN GENERAL.--At the request of an appropriate law enforcement
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 TRAVELE~S.--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,
and, 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 followin~ new
item:

375

~540~ Inuestzgatzon of violent crirlZes agairlst trauelers.". SEC
3aosl7. EXTENSION OF STATUTE OF LIMITATIONS FOR ARSON.
(a) IN GENE~2AL.--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 insti-
tuted within 7 yearS after the date on which the offense was commit'
ted.".
(b) APPLICATION OF AMENDMENT.--The amendment made by subsection (a)
shall not apply to any offense described in the amendment that waS
committed more than 5 years prior to the date of enactment of this Act.
SEC. 380918 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 determination
may have.
SEC 320919. EDWARD BYRNE MEMORL4L FORMULA GRANT PROGRAM. Nothing in
this Act shall 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 U.S.A.
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
sectzon (a):
"(b) DOMESTIC VIOLENCE OFFENDERS.--A defendant who hasbeen 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 partner, child, or former Child of the
defendant, or any relative defiendant, 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 in
serting ', and"; and
376

(3) by inserting the following new paragraph:
"(4) for a domestic violence crime as defined in section3561(b) by a
defendant convicted of Such an offense for the first time that the
defiendant attend a pUblic, private, or private nonprofit ofifender
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"; and
(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 defiendar~t 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 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.".

SEC. 320922. DISPLAY OF FLAGS AT HALFSTAFF.
(a) PUBLIC LAW 87-726.--The first section of Public Law 87726 (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 halfstaff the
flag of the United States on all Government buildings 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 half-staff
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 half-staff on Peace Ofificers Memorial Day,
unless that day is also Armed Forces Day." after "a Member of
Congress.".

SEC. 320923. FINANCL4L INSTITUTION FRAUD.
Section 528 of Public Law 101-509, approved November 5, 1990, is
amended by striking "With the authority of the Resolution 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 T~ 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 of

377

fense under this section have been terminated by a final courtorder. .

.~-EC. 320925. NATIONAL CENTER FOR CRlMlNAL JUSTICE RESEARCH AND
EDUCATION.
~a) ESTABLISHMENT.--The Attorney General shall establish, at a
qualified institution of post-secondary education, a National Center
for Criminal Justice Research and Education (referred to as the
"Center") as a meanS of developing, demonstrating, and implementing
model criminal justice practices and policies.
(b) PROGRAM AND ACTIVITIES.--The Center, under guidelines established
by the Attorney General, shall--
(1) provide criminal justice, drug treatment, and correctional
education related research and development, instruction, techn~cal
assistance, and training, evaluation, and demonstration activities
involving the 5 existing and approved Federal, State, and county
correctional facilities in Jefferson County Texas, as a means of
demonstrating effective model programs, polic~es, and practices
suitable for replication throughout the Un~ted States;
(2) carry out a program of research, development, demonstration,
evaluation, education, training, and technical assistance involving
applicable innovative technologies and approaches; and
(3) provide appropriate pre-employment and continuing education
programs and services to the personnel of the participating
correctional facilities, and when appropriate, other agenczes.
(c) ACCEPTANCE OF SUPPORT.--The Center shall be authorized . accept
funding, in-kind services, and other forms of support from
. rlvate and public agencies to carry out its purposes under this sec-
~on.
, (d) GENERAL AUTHORITIES.--The Attorney General may issue uidel~nes,
make grants, and enter into contracts and cooperative greements with
States, units of local government, Indian tribal overnments, and other
public and private entities or individuals as ppropriate to carry out
this section.
(e) REVOCATION OR SUSPENSION OF FUNDING.--The Attorney ,eneral may
revoke or suspend funding in whole or in part, if the ec~pient of
Federal assistance under this section is not in substan~1 compliance
with the terms or requirements of any applicable rant, contract, or
cooperative agreement.
(f) DEFINITION.--In this section, "qualified institution of post-
~condary education" meanS a university system-related institution
. nth experience and currently active in criminal justice related edu-
~ttonal actiV~t~eS, located in Jefferson County, Texas.
(g) AUTHORIZATION OF APPROPRIATIONS.--There are authorized be
appropriated to carry out this section--
$10,000,000 for fiscal year 1995; to remain available until expended.

EC. 320926. ~ATE CIUME STATISTICS ACT

Subsection (b)(l) of the first section of the Hate Crime Statistics ctl
(28 U.S.C. 534 note) is amended by inserting "disability," after
378

SEC. 320927. EXEMPTION FROM BRADY BACKGROUND CHECK RE. QUIREUElVT OF
RETURN OF HAlVDGUlV q~ OWlVER
Section 922(s)(1) 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".
SBC. 320928. All~ENDMENT 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. 6119a) is amended by striking "an
individual's fitness to have responsibility for the safety and
well-being of children" and inserting "the providerJs 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
tion Act of 1993 (42 U.S.C. 5119b(b)) is amended--
(A) in paragraph (V(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 fit
ness to have responsibility for the safety and well-being of children"
and inserting "the provider's fitness to have responsibility 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) o 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 sat~isfy 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 itselp" after "failure of a qualified entity".
(d) DEFRAYMENT OF COSTS TO VOLUNTEERS OF CoNDucTING BACKGROUND CHECKS.-
-Section 4(b) of the National Child Protection 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 ar~-
employed by or volunteer With a public, not-for-profit, or vol-

379

untary 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 1 993
is amended by striking "the actual cost" and inserting "eightn dollars,
respectively, or the actual cost, whichever is less,".
(f) COSTS OF THE FBI.--Funds authorized to be appropriated to e Federal
Bureau of Investigation under section l90001(c) of this ~t may be used
to pay all or part of the cost to the Federal Bureau
. Investigation of carrying out the National Child Protection Act of .
993, including the cost of conducting background checks on per. ns who
are employed by or volunteer with a public, not-for-profit, voluntary
qualified entity to reduce the amount of fees charged such background
checks.
(g) GUIDELINES.--
(1) IN GENERAL.--The Attorney General, in consultation with Federal,
State, and local officials, including officials respons~ble for
crim~nal history record systems, and representatives 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 General shall address the availability, cost,
timeliness, and effectiveness of criminal history 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 Nanal Child
Protection Act of 1993 (42 U.S.C. 5119(f)(2)) is amendby striking "1
year" and inserting "2 years".
(i) CHANGE OF IMPLEMENTATION DEADLINE.--Section 2(b)(2)(A) the National
Child Protection Act of 1993 (42 U.S.C. l9(b)(2)(A)) is amended by
striking "3 years" and inserting "5

~j) DEFINITION OF CHILD ABUSE CASES AND INDIVIDUALS WITH ;ABILITIES,--
Section 5 of the National Child Protection Act of 93 (42 U.S.C. 5119c)
is amended--
(1) by redesignating paragraph (6), (7), (8), and (9) as paragraph (8),
(9), (10), and (11), respectively; and
(2) by inserting after paragraph (5) the following new paragraphs:
"(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;".
380

SEC. 3aos2s. TENNESSEE VALLEY AUTHORllY LAW ENFoRcEAIEN~ PERSONNEL.
The Tennessee Valley Authority ACt of 1933 (16 U.S.C. 831 e~ seq.) is
amended by inserting after section 4 the following new SBCtion:
"SEC. 4A. LAW ENFORCEMENT.~a) DESIGNATION OF LAW E FORCEMENT AGENTS.--
The Board may designate employees of t, corporation to act as law
enforcement agents in the area of jurisdi tion described in subsection
(c).
(b) DUTIES AND POWERS.--
"(I) DUTIES.--A law enforcement agent designated und,, subsection (a)
shall maintain law and order and protect pe~sons 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 iA~ paragraph (1),
a law enforcement agent designated under s
section (a) may--
"(A) make arrests without warrant for any offe~ against the United
States committed in the agent's pr ence, or for any felony cognizable
under the laws of j United States if the agent has probable caUse to
belieue: that the person to be arrested has committed or is commi~~ting
such a felony;
"(B) execute any warrant or other process issued by Q court or officer
of competent jurisdiction for the enforcemer~t of any Federal law or
regulation issued pursuant to law ir~ connection with the investigation
of an offense described in subparagraph (A);
"(C) conduct an investigation of an offense descr~bed 7n 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 concurre
of that agency; and
"(D) carry firearms in carrying out any activity scribed in
subparagraph (A), (B), or (C).
(C) AREA OF JURISDICTION.--A law enforcement agent ignated under
subsection (a) shall be authorized to exercise the enforcement duties
and powers described in subsection (b)-- "(I) on any lands or
facilities owned or leased by the poration or within such adjoining
areas in the vicinities of
lands or facilities as may be determined by the board u
subsection (e); and
"(2) on other lands or facilities--
"(A) when the person to be arrested is in the proce~ fleeing from such
lands, facilities, or adjoining area avoid arrest;
"(B) in conjunction with the protection of propert officials or
employees of the corporation on or within la7,
;7;~          h~ !D A71~n~ r ~o~c~7A h~ th~? C
o; facilities other than those owned or leased by the corporation; or
"(C) in cooperation with other Federal, State, or lo law enforcement
agencies.

381

"(d) FEDERAL INVESTIGATIVE JURISDICTION AND STAYE CIVIL AND CRIMINAL
JURISDICTION NOT PREEMPTED.--Nothing in this section shall be construed
to--
"(I) 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.--
N GENERAL.--The board shall determine and may from tlme-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 (c)(l).
"(2) NOTICE.--A notice and description of each adjoining area
determination or modification of a determination made under paragraph
(1) shall be published in the Federal Register. "(f) QUALIFICATIONS AND
TRAINING.--The board, in consultation
~th the Attorney General, shall adopt qualification and training
~ndards for law enforcement agents designated under subsection

~c "(g) RELATION TO OTHER LAW.--A law enforcement agent des, ignated
under subsection (a) shall not be considered to be a law enfiorcement
officer of the United States for the purposes of any other law, and no
law enforcement agent designated under subsection (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 guzdelines
approved by the Attorney General."
SEC. 320930. CRIMINAL JUSTICE AND SUBSTANCE ABUSE TREATMENT

(a) ESTABLISHMENT.--The Attorney General shall establish a imlnal
Justlce and Substance Abuse Treatment and Prevention lining Center
(referred to as the "Center") to develop and implent a program for
training dislocated defense industry-related rkers for careers in law
enforcement, substance abuse treatment counseling, and related criminal
justice fields, and to carry out other activities as may be required,
such as creating a model base on related innovative and cost-effective
distance learning niques and technologies or facilitating placement of
trainees graduates.
(b) OPERATION.--The Center and its programs shall be operated a
consortium of not fewer than 2 qualified institutions of postondary
education.
C) PROGRAM AND ACTIVITIES.--The Center, under guidelines es~llshed by
the Attorney General, shall--
(1) provide criminal justice and substance abuse treatment training,
related research and development, instruction, technical assistance,
evaluation, and demonstration activities involving the dislocated
defense workers;
(2) establish a program of research, development, demonstrationJ
evaluation, education, training, and technical as
382

sistance inuolving applicable innouatiue technologies and approaches;
and
(3) prouide such training and continuing education pr
grams and services to dislocated defense industry workers.
(d) ACCEPTANCE OF SUPPORT.--The Center shall be authori2 _ to accept
funding, in-kind services, and other forms of support fro~7~ private
and public agencies to carry out its purposes under this sec-, tion.
(e) COORDINATION OF ACTIVITIES.--All actiuities of the Center shall be
coordinated with other appropriate and related Federal, federally
assisted, State, Indian tribal, local, and private nonprofit actiuities
to auoid duplication of effort.
(f) GENERAL AUTHORITIES.--The Attorney General may iSsue guidelines and
make grants, enter into contractS and Cooperative agreements with
States, units of local government, Indian tribal governments, and other
public and private entitieS or individuals as appropriate to carry out
this section.
(g) REVOCATION OR SUSPENSION OF FUNDING.--The Attorney~ General may
revoke or suspend funding in whole or in part if the recipient of
Federal assistance under this section is not in substantial compliance
with the terms or requirementS of any applicable grant, contract, or
cooperatiue agreement.
(h) DEFINITION.--In this section qualified institution of postsecondary
education" means a university system-related institution or college
with experience and currently actiue in criminal justice related
educational actiuities, located in Jefferson County, Texas, or in the
uicinity of Huntsuille, Texas.
(i) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated to carry out this section--
,~1,000,000 for fiscal year 1995.

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.
To the extent any person introduces, delivers for introduction, sells,
aduertises, or offers for sale in commerce a product With a "Made in
the U.S.A." or "Made in America" label, or the equiualent 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
prouisions of law relating to labeling. 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

                                  383

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
t~Federal Trade Commissions Act (15 U.S.C. 57a) regarding unfair or
deceptiue actS or practiceS. ThiS section shall be effective upon
publication in the Federal Register of a Notice of the provisions of
this section- The Commission shall publish such notice within six
months after the enactment of this section.