FILE h3355.enr
--H.R.3355--
H.R.3355
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and
ninety-four
An Act
To control and prevent crime.
[Italic->] Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, [<-Italic]
SECTION 1. SHORT TITLE.
This Act may be cited as the `Violent Crime Control and Law
Enforcement Act of 1994'.
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--PUBLIC SAFETY AND POLICING
Sec. 10001. Short title.
Sec. 10002. Purposes.
Sec. 10003. Community policing; `Cops on the Beat'.
TITLE II--PRISONS
SUBTITLE A--VIOLENT OFFENDER INCARCERATION AND TRUTH IN SENTENCING
INCENTIVE GRANTS
Sec. 20101. Grants for correctional facilities.
Sec. 20102. Truth in sentencing incentive grants.
Sec. 20103. Violent offender incarceration grants.
Sec. 20104. Matching requirement.
Sec. 20105. Rules and regulations.
Sec. 20106. Technical assistance and training.
Sec. 20107. Evaluation.
Sec. 20108. Definitions.
Sec. 20109. Authorization of appropriations.
SUBTITLE B--PUNISHMENT FOR YOUNG OFFENDERS
Sec. 20201. Certain punishment for young offenders.
SUBTITLE C--ALIEN INCARCERATION
Sec. 20301. Incarceration of undocumented criminal aliens.
SUBTITLE D--MISCELLANEOUS PROVISIONS
Sec. 20401. Prisoner's place of imprisonment.
Sec. 20402. Prison impact assessments.
Sec. 20403. Sentences to account for costs to the Government of
imprisonment, 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 III--CRIME PREVENTION
SUBTITLE A--OUNCE OF PREVENTION COUNCIL
Sec. 30101. Ounce of Prevention Council.
Sec. 30102. Ounce of prevention grant program.
Sec. 30103. Definition.
Sec. 30104. Authorization of appropriations.
SUBTITLE B--LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM
Sec. 30201. Payments to local governments.
Sec. 30202. Authorization of appropriations.
Sec. 30203. Qualification for payment.
Sec. 30204. Allocation and distribution of funds.
Sec. 30205. Utilization of private sector.
Sec. 30206. Public participation.
Sec. 30207. Administrative provisions.
Sec. 30208. Definitions.
SUBTITLE C--MODEL INTENSIVE GRANT PROGRAMS
Sec. 30301. Grant authorization.
Sec. 30302. Uses of funds.
Sec. 30303. Program requirements.
Sec. 30304. Applications.
Sec. 30305. Reports.
Sec. 30306. Definitions.
Sec. 30307. Authorization of appropriations.
SUBTITLE D--FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT PROGRAM
Sec. 30401. Community schools youth services and supervision grant
program.
Sec. 30402. Family and community endeavor schools grant program.
Sec. 30403. Authorization of appropriations.
SUBTITLE G--ASSISTANCE FOR DELINQUENT AND AT-RISK YOUTH
Sec. 30701. Grant authority.
Sec. 30702. Authorization of appropriations.
SUBTITLE H--POLICE RECRUITMENT
Sec. 30801. Grant authority.
Sec. 30802. Authorization of appropriations.
SUBTITLE J--LOCAL PARTNERSHIP ACT
Sec. 31001. Establishment of payment program.
Sec. 31002. Technical amendment.
SUBTITLE K--NATIONAL COMMUNITY ECONOMIC PARTNERSHIP
Sec. 31101. Short title.
CHAPTER 1--COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS
Sec. 31111. Purpose.
Sec. 31112. Provision of assistance.
Sec. 31113. Approval of applications.
Sec. 31114. Availability of lines of credit and use.
Sec. 31115. Limitations on use of funds.
Sec. 31116. Program priority for special emphasis programs.
CHAPTER 2--EMERGING COMMUNITY DEVELOPMENT CORPORATIONS
Sec. 31121. Community development corporation improvement grants.
Sec. 31122. Emerging community development corporation revolving
loan funds.
CHAPTER 3--MISCELLANEOUS PROVISIONS
Sec. 31131. Definitions.
Sec. 31132. Authorization of appropriations.
Sec. 31133. Prohibition.
SUBTITLE O--URBAN RECREATION AND AT-RISK YOUTH
Sec. 31501. Purpose of assistance.
Sec. 31502. Definitions.
Sec. 31503. Criteria for selection.
Sec. 31504. Park and recreation action recovery programs.
Sec. 31505. Miscellaneous and technical amendments.
SUBTITLE Q--COMMUNITY-BASED JUSTICE GRANTS FOR PROSECUTORS
Sec. 31701. Grant authorization.
Sec. 31702. Use of funds.
Sec. 31703. Applications.
Sec. 31704. Allocation of funds; limitations on grants.
Sec. 31705. Award of grants.
Sec. 31706. Reports.
Sec. 31707. Authorization of appropriations.
Sec. 31708. Definitions.
SUBTITLE S--FAMILY UNITY DEMONSTRATION PROJECT
Sec. 31901. Short title.
Sec. 31902. Purpose.
Sec. 31903. Definitions.
Sec. 31904. Authorization of appropriations.
CHAPTER 1--GRANTS TO STATES
Sec. 31911. Authority to make grants.
Sec. 31912. Eligibility to receive grants.
Sec. 31913. Reports.
CHAPTER 2--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS
Sec. 31921. Authority of the Attorney General.
Sec. 31922. Requirements.
SUBTITLE T--SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS
Sec. 32001. Substance abuse treatment in Federal prisons.
SUBTITLE U--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS
Sec. 32101. Residential substance abuse treatment for State
prisoners.
SUBTITLE V--PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBERCULOSIS IN
CORRECTIONAL INSTITUTIONS
Sec. 32201. Prevention, diagnosis, and treatment of tuberculosis in
correctional institutions.
SUBTITLE X--GANG RESISTANCE EDUCATION AND TRAINING
Sec. 32401. Gang resistance education and training projects.
TITLE IV--VIOLENCE AGAINST WOMEN
Sec. 40001. Short title.
SUBTITLE A--SAFE STREETS FOR WOMEN
Sec. 40101. Short title.
CHAPTER 1--FEDERAL PENALTIES FOR SEX CRIMES
Sec. 40111. Repeat offenders.
Sec. 40112. Federal penalties.
Sec. 40113. Mandatory restitution for sex crimes.
Sec. 40114. Authorization for Federal victim's counselors.
CHAPTER 2--LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE VIOLENT
CRIMES AGAINST WOMEN
Sec. 40121. Grants to combat violent crimes against women.
CHAPTER 3--SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC PARKS
Sec. 40131. Grants for capital improvements to prevent crime in
public 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 violence victims and their counselors.
Sec. 40154. Information programs.
Sec. 40155. Education and prevention grants to reduce sexual abuse
of runaway, homeless, and street youth.
Sec. 40156. Victims of child abuse programs.
SUBTITLE B--SAFE HOMES FOR WOMEN
Sec. 40201. Short title.
CHAPTER 1--NATIONAL DOMESTIC VIOLENCE HOTLINE
Sec. 40211. Grant for a national domestic violence hotline.
CHAPTER 2--INTERSTATE ENFORCEMENT
Sec. 40221. Interstate enforcement.
CHAPTER 3--ARREST POLICIES IN DOMESTIC VIOLENCE CASES
Sec. 40231. Encouraging arrest policies.
CHAPTER 4--SHELTER GRANTS
Sec. 40241. Grants for battered women's shelters.
CHAPTER 5--YOUTH EDUCATION
Sec. 40251. Youth education and domestic violence.
CHAPTER 6--COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE
Sec. 40261. Establishment of community programs on domestic
violence.
CHAPTER 7--FAMILY VIOLENCE PREVENTION AND SERVICES ACT AMENDMENTS
Sec. 40271. Grantee reporting.
Sec. 40272. Technical amendments.
CHAPTER 8--CONFIDENTIALITY FOR ABUSED PERSONS
Sec. 40281. Confidentiality of abused person's address.
CHAPTER 9--DATA AND RESEARCH
Sec. 40291. Research agenda.
Sec. 40292. State databases.
Sec. 40293. Number and cost of injuries.
CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
Sec. 40295. Rural domestic violence and child abuse enforcement
assistance.
SUBTITLE C--CIVIL RIGHTS FOR WOMEN
Sec. 40301. Short title.
Sec. 40302. Civil rights.
Sec. 40303. Attorney's fees.
Sec. 40304. Sense of the Senate concerning protection of the
privacy of rape victims.
SUBTITLE D--EQUAL JUSTICE FOR WOMEN IN THE COURTS ACT
Sec. 40401. Short title.
CHAPTER 1--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
STATE COURTS
Sec. 40411. Grants authorized.
Sec. 40412. Training provided by grants.
Sec. 40413. Cooperation in developing programs in making grants
under this title.
Sec. 40414. Authorization of appropriations.
CHAPTER 2--EDUCATION AND TRAINING FOR JUDGES AND COURT PERSONNEL IN
FEDERAL COURTS
Sec. 40421. Authorizations of circuit studies; education and
training grants.
Sec. 40422. Authorization of appropriations.
SUBTITLE E--VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS
Sec. 40501. Pre-trial detention in sex offense cases.
Sec. 40502. Increased penalties for sex offenses against victims
below the age of 16.
Sec. 40503. Payment of cost of testing for sexually transmitted
diseases.
Sec. 40504. Extension and strengthening of restitution.
Sec. 40505. Enforcement of restitution orders through suspension of
Federal benefits.
Sec. 40506. National baseline study on campus sexual assault.
Sec. 40507. Report on battered women's syndrome.
Sec. 40508. Report on confidentiality of addresses for victims of
domestic violence.
Sec. 40509. Report on recordkeeping relating to domestic violence.
SUBTITLE F--NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION
Sec. 40601. Authorizing access to Federal criminal information
databases.
Sec. 40602. Grant program.
Sec. 40603. Authorization of appropriations.
Sec. 40604. Application requirements.
Sec. 40605. Disbursement.
Sec. 40606. Technical assistance, training, and evaluations.
Sec. 40607. Training programs for judges.
Sec. 40608. Recommendations on intrastate communication.
Sec. 40609. Inclusion in national incident-based reporting system.
Sec. 40610. Report to Congress.
Sec. 40611. Definitions.
SUBTITLE G--PROTECTIONS FOR BATTERED IMMIGRANT WOMEN AND CHILDREN
Sec. 40701. Alien petitioning rights for immediate relative or
second preference status.
Sec. 40702. Use of credible evidence in spousal waiver applications.
Sec. 40703. Suspension of deportation.
TITLE V--DRUG COURTS
Sec. 50001. Drug courts.
Sec. 50002. Study by the General Accounting Office.
TITLE VI--DEATH PENALTY
Sec. 60001. Short title.
Sec. 60002. Constitutional procedures for the imposition of the
sentence of death.
Sec. 60003. Specific offenses for which death penalty is authorized.
Sec. 60004. Applicability to Uniform Code of Military Justice.
Sec. 60005. Death penalty for murder by a Federal prisoner.
Sec. 60006. Death penalty for civil rights murders.
Sec. 60007. Death penalty for the murder of Federal law enforcement
officials.
Sec. 60008. New offense for the indiscriminate use of weapons to
further drug conspiracies.
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 VII--MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED OF
CERTAIN FELONIES
Sec. 70001. Mandatory life imprisonment for persons convicted of
certain felonies.
Sec. 70002. Limited grant of authority to Bureau of Prisons.
TITLE VIII--APPLICABILITY OF MANDATORY MINIMUM PENALTIES IN CERTAIN
CASES
Sec. 80001. Limitation on applicability of mandatory minimum
penalties in certain cases.
TITLE IX--DRUG CONTROL
SUBTITLE A--ENHANCED PENALTIES AND GENERAL PROVISIONS
Sec. 90101. Enhancement of penalties for drug trafficking in prisons.
Sec. 90102. Increased penalties for drug-dealing in `drug-free'
zones.
Sec. 90103. Enhanced penalties for illegal drug use in Federal
prisons and for smuggling drugs into Federal prisons.
Sec. 90104. Clarification of narcotic or other dangerous drugs
under RICO.
Sec. 90105. Conforming amendments to recidivist penalty provisions
of the 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 AMENDMENTS
Sec. 90201. Implementation of National Drug Control Strategy.
Sec. 90202. Report on reprogramming; office personnel restriction.
Sec. 90203. National Drug Control Strategy outcome measures.
Sec. 90204. Counter-Drug Technology Assessment Center.
Sec. 90205. Special Forfeiture Fund amendments.
Sec. 90206. Authorization of appropriations.
Sec. 90207. Adequate staffing of the Office of National Drug
Control Policy.
Sec. 90208. Termination of Office of National Drug Control Policy.
TITLE X--DRUNK DRIVING PROVISIONS
Sec. 100001. Short title.
Sec. 100002. State laws applied in areas of Federal jurisdiction.
Sec. 100003. Driving while intoxicated prosecution program.
TITLE XI--FIREARMS
SUBTITLE A--ASSAULT WEAPONS
Sec. 110101. Short title.
Sec. 110102. Restriction on manufacture, transfer, and possession
of certain 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 requests for information.
Sec. 110307. Notification of names and addresses of firearms
licensees.
SUBTITLE D--DOMESTIC VIOLENCE
Sec. 110401. Prohibition against disposal of firearms to, or
receipt of firearms by, persons who have committed domestic abuse.
SUBTITLE E--GUN CRIME PENALTIES
Sec. 110501. Enhanced penalty for use of a semiautomatic firearm
during a crime of violence or a drug trafficking crime.
Sec. 110502. Enhanced penalty for second offense of using an
explosive to commit a felony.
Sec. 110503. Smuggling firearms in aid of drug trafficking.
Sec. 110504. Theft of firearms and explosives.
Sec. 110505. Revocation of supervised release after imprisonment.
Sec. 110506. Revocation of probation.
Sec. 110507. Increased penalty for knowingly making false, material
Statement in connection with the acquisition of a firearm from a
licensed dealer.
Sec. 110508. Possession of explosives by felons and others.
Sec. 110509. Summary destruction of explosives subject to forfeiture.
Sec. 110510. Elimination of outmoded language relating to parole.
Sec. 110511. Prohibition against transactions involving stolen
firearms which have moved in interstate or foreign commerce.
Sec. 110512. Using a firearm in the commission of counterfeiting or
forgery.
Sec. 110513. Enhanced penalties for firearms possession by violent
felons and 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 XII--TERRORISM
Sec. 120001. Extension of the statute of limitation for certain
terrorism offenses.
Sec. 120002. Jurisdiction over crimes against United States
nationals on certain foreign ships.
Sec. 120003. Counterfeiting United States currency abroad.
Sec. 120004. Sentencing guidelines increase for terrorist crimes.
Sec. 120005. Providing material support to terrorists.
TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT
Sec. 130001. Enhancement of penalties for failing to depart, or
reentering, after final order of deportation.
Sec. 130002. Criminal alien tracking center.
Sec. 130003. Alien witness cooperation and counterterrorism
information.
Sec. 130004. Deportation procedures for certain criminal aliens who
are not 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 street gangs.
Sec. 150002. Adult prosecution of serious juvenile offenders.
Sec. 150003. Addition of anti-gang Byrne grant funding objective.
Sec. 150006. Mentoring program.
Sec. 150007. Juvenile anti-drug and anti-gang grants in federally
assisted low-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 A--JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY
VIOLENT OFFENDER REGISTRATION ACT
Sec. 170101. Establishment of program.
SUBTITLE B--ASSAULTS AGAINST CHILDREN
Sec. 170201. Assaults against children.
SUBTITLE C--MISSING AND EXPLOITED CHILDREN
Sec. 170301. Short title.
Sec. 170302. Purpose.
Sec. 170303. Establishment of task force.
TITLE XVIII--RURAL CRIME
SUBTITLE A--DRUG TRAFFICKING IN RURAL AREAS
Sec. 180101. Authorizations for rural law enforcement agencies.
Sec. 180102. Rural crime and drug enforcement task forces.
Sec. 180103. Rural drug enforcement training.
Sec. 180104. More agents for the Drug Enforcement Administration.
SUBTITLE B--DRUG FREE TRUCK STOPS AND SAFETY REST AREAS
Sec. 180201. Drug free truck stops and safety rest areas.
SUBTITLE C--SENSE OF CONGRESS REGARDING FUNDING FOR RURAL AREAS
Sec. 180301. Funding for rural areas.
TITLE XIX--FEDERAL LAW ENFORCEMENT
Sec. 190001. Federal judiciary and Federal law enforcement.
TITLE XX--POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND
EDUCATION
SUBTITLE A--POLICE CORPS
Sec. 200101. Short title.
Sec. 200102. Purposes.
Sec. 200103. Definitions.
Sec. 200104. Establishment of office of the police corps and law
enforcement 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. 200202. Definitions.
Sec. 200203. Allotment.
Sec. 200204. Establishment of program.
Sec. 200205. Scholarships.
Sec. 200206. Eligibility.
Sec. 200207. State application.
Sec. 200208. Local application.
Sec. 200209. Scholarship agreement.
Sec. 200210. Authorization of appropriations.
TITLE XXI--STATE AND LOCAL LAW ENFORCEMENT
SUBTITLE A--BYRNE PROGRAM
Sec. 210101. Extension of Byrne Grant funding.
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. Availability 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--VICTIMS OF CRIME
Sec. 230101. Victim's right of allocution in sentencing.
Sec. 230102. Sense of the Senate concerning the right of a victim
of a violent crime or sexual abuse to speak at an offender's
sentencing hearing and any parole hearing.
SUBTITLE B--CRIME VICTIMS' FUND
Sec. 230201. Allocation of funds for costs and grants.
Sec. 230202. Relationship of crime victim compensation to certain
Federal 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 XXIV--PROTECTIONS FOR THE ELDERLY
Sec. 240001. Missing Alzheimer's Disease Patient Alert Program.
Sec. 240002. Crimes against the elderly.
TITLE XXV--SENIOR CITIZENS AGAINST MARKETING SCAMS
Sec. 250001. Short title.
Sec. 250002. Enhanced penalties for telemarketing fraud.
Sec. 250003. Increased penalties for fraud against older victims.
Sec. 250004. Rewards for information leading to prosecution and
conviction.
Sec. 250005. Authorization of appropriations.
Sec. 250006. Broadening application of mail fraud statute.
Sec. 250007. Fraud and related activity in connection with access
devices.
Sec. 250008. Information network.
TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT
Sec. 260001. Commission membership and appointment.
Sec. 260002. Conforming amendment.
TITLE XXVII--PRESIDENTIAL SUMMIT ON VIOLENCE AND NATIONAL
COMMISSION ON CRIME PREVENTION AND CONTROL
Sec. 270001. Presidential summit.
Sec. 270002. Establishment; committees and task forces;
representation.
Sec. 270003. Purposes.
Sec. 270004. Responsibilities of the Commission.
Sec. 270005. Administrative matters.
Sec. 270006. Staff and support services.
Sec. 270007. Powers.
Sec. 270008. Report; termination.
Sec. 270009. Authorization of appropriations.
TITLE XXVIII--SENTENCING PROVISIONS
Sec. 280001. Imposition of sentence.
Sec. 280002. Technical amendment to mandatory conditions of
probation.
Sec. 280003. Direction to United States Sentencing Commission
regarding 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 CRIME REDUCTION TRUST FUND
Sec. 310001. Creation of Violent Crime Reduction Trust Fund.
Sec. 310002. Conforming reduction in discretionary spending limits.
Sec. 310003. Extension of authorizations of appropriations for
fiscal years for which the full amount authorized is not
appropriated.
Sec. 310004. Flexibility in making of appropriations.
TITLE XXXII--MISCELLANEOUS
SUBTITLE A--INCREASES IN PENALTIES
Sec. 320101. Increased penalties for assault.
Sec. 320102. Increased penalties for manslaughter.
Sec. 320103. Increased penalties for civil rights violations.
Sec. 320104. Penalties for trafficking in counterfeit goods and
services.
Sec. 320105. Increased penalty for conspiracy to commit murder for
hire.
Sec. 320106. Increased penalties for arson.
Sec. 320107. Increased penalties for drug trafficking near public
housing.
Sec. 320108. Task force and criminal penalties relating to the
introduction of nonindigenous species.
Sec. 320109. Military medals and decorations.
SUBTITLE B--EXTENSION OF PROTECTION OF CIVIL RIGHTS STATUTES
Sec. 320201. Extension of protection of civil rights statutes.
SUBTITLE C--AUDIT AND REPORT
Sec. 320301. Audit requirement for State and local law enforcement
agencies 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 in 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. Crimes by or affecting persons engaged in the business
of insurance whose activities affect interstate commerce.
Sec. 320604. Miscellaneous amendments to title 18, United States
Code.
Sec. 320605. Federal Deposit Insurance Act amendment.
Sec. 320606. Federal Credit Union Act amendments.
Sec. 320607. Addition of predicate offenses to financial
institutions rewards statute.
Sec. 320608. Definition of `savings and loan association' for
purposes of the offense of bank robbery and related offenses.
Sec. 320609. Definition of 1-year period for purposes of the
offense of obstruction of a Federal audit.
SUBTITLE G--SAFER STREETS AND NEIGHBORHOODS
Sec. 320701. Short title.
Sec. 320702. Limitation on grant distribution.
SUBTITLE H--RECREATIONAL HUNTING SAFETY
Sec. 320801. Short title.
Sec. 320802. Obstruction of a lawful hunt.
Sec. 320803. Civil penalties.
Sec. 320804. Other relief.
Sec. 320805. Relationship to State and local law and civil actions.
Sec. 320806. Regulations.
Sec. 320807. Rule of construction.
Sec. 320808. Definitions.
SUBTITLE I--OTHER PROVISIONS
Sec. 320901. Wiretaps.
Sec. 320902. Theft of major artwork.
Sec. 320903. Addition of attempted robbery, kidnapping, smuggling,
and property damage offenses to eliminate inconsistencies and gaps
in coverage.
Sec. 320904. Gun-free school zones.
Sec. 320905. Interstate wagering.
Sec. 320906. Sense of Congress with respect to violence against
truckers.
Sec. 320907. Sense of the Senate regarding a study on
out-of-wedlock births.
Sec. 320908. Sense of the Senate regarding the role of the United
Nations in 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.A.
Sec. 320921. First time domestic violence offender rehabilitation
program.
Sec. 320922. Display of flags at halfstaff.
Sec. 320923. Financial institution fraud.
Sec. 320924. Definition of parent for the purposes of the offense
of kidnapping.
Sec. 320926. Hate Crime Statistics Act.
Sec. 320927. Exemption from Brady background check requirement of
return of handgun to owner.
Sec. 320928. Amendment of the National Child Protection Act of 1993.
Sec. 320929. Tennessee Valley Authority law enforcement personnel.
Sec. 320932. Assistant United States attorney residency.
Sec. 320933. Labels on products.
Sec. 320934. Non-dischargeability of payment of restitution order.
Sec. 320935. Admissability of evidence of similar crimes in sex
offense cases.
TITLE XXXIII--TECHNICAL CORRECTIONS
Sec. 330001. Amendments relating to Federal financial assistance
for law enforcement.
Sec. 330002. General title 18 corrections.
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 title 18 to eliminate
duplicate predicate crimes.
Sec. 330013. Amendments to part V of title 18.
Sec. 330014. Update of cross reference.
Sec. 330015. Correction of error in amendatory language.
Sec. 330016. Correction of misleading and outmoded fine amounts in
offenses under title 18.
Sec. 330017. Technical corrections to title 31 crimes.
Sec. 330018. Repeal of superfluous statute of limitation and
transfer of child abuse statute of limitation.
Sec. 330019. Technical errors in section 1956.
Sec. 330020. Technical error.
Sec. 330021. Conforming spelling of variants of `kidnap'.
Sec. 330022. Margin error.
Sec. 330023. Technical corrections relating to section 248 of title
18, United States Code.
Sec. 330024. Technical amendments necessitated by the enactment of
the Domestic Chemical Diversion Control Act of 1993.
Sec. 330025. Victims of Crime Act.
TITLE I--PUBLIC SAFETY AND POLICING
SEC. 10001. SHORT TITLE.
This title may be cited as the `Public Safety Partnership and
Community Policing Act of 1994'.
SEC. 10002. PURPOSES.
The purposes of this title are to--
(1) substantially increase the number of law enforcement
officers interacting directly with members of the community
(`cops on the beat');
(2) provide additional and more effective training to law
enforcement officers to enhance their problem solving, service,
and other skills needed in interacting with members of the
community;
(3) encourage the development and implementation of
innovative programs to permit members of the community to
assist State, Indian tribal government, and local law
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.
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:
[BOLD->] [<-BOLD] [BOLD->] `PART Q--PUBLIC SAFETY AND COMMUNITY
POLICING; `COPS ON THE BEAT' [<-BOLD]
`SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING
GRANTS.
`(a) GRANT AUTHORIZATION- The Attorney General may make grants to
States, units of local government, Indian tribal 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 (1)(C)--
`(A) may not exceed--
`(i) 20 percent of the funds available for grants
pursuant to this subsection in fiscal year 1995;
`(ii) 20 percent of the funds available for grants
pursuant to this subsection in fiscal year 1996; or
`(iii) 10 percent of the funds available for grants
pursuant to this subsection in fiscal years 1997, 1998,
1999, and 2000; and
`(B) may not be awarded in fiscal years 1998, 1999, or
2000 unless the Attorney General has certified that grants
awarded in fiscal years 1995, 1996, and 1997 pursuant to
subparagraph (1)(C) have resulted in an increase in the
number of officers deployed in community-oriented policing
equal to or greater than the increase in the number of
officers that have resulted from the grants in like amounts
awarded in fiscal years 1995, 1996, and 1997 pursuant to
paragraph (1) (A) and (B).
`(c) TROOPS-TO-COPS PROGRAMS-
`(1) IN GENERAL- Grants made under subsection (a) may be used
to hire former members of the Armed Forces to serve as career
law enforcement officers for deployment in 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
`(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 (i).
`(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 to a grant for a period exceeding 1 year for hiring or
rehiring career law enforcement officers, the Federal share shall
decrease from year to year for up to 5 years, looking toward the
continuation of the increased hiring level using State or local
sources of funding following the conclusion of Federal support, as
provided in an approved plan pursuant to section 1702(c)(8).
`(j) ALLOCATION OF FUNDS- The funds available under this part
shall be allocated as provided in section 1001(a)(11)(B).
`(k) TERMINATION OF GRANTS FOR HIRING OFFICERS- The authority
under subsection (a) of this section to make grants for the hiring
and rehiring of additional career law enforcement officers shall
lapse at the conclusion of 6 years from the date of enactment 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)(1);
`(2) demonstrate a specific public safety need;
`(3) explain the applicant's inability to address the need
without Federal assistance;
`(4) identify related governmental and community 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
in-kind contributions or other tangible commitments;
`(7) specify plans for obtaining necessary support and
continuing the proposed program, project, or activity following
the conclusion of Federal support;
`(8) if the application is for a grant for hiring or rehiring
additional career law enforcement officers, specify plans for
the assumption by the applicant of a progressively larger share
of the cost in the course of time, looking toward the
continuation of the increased hiring level using State or local
sources of funding following the conclusion of Federal support;
`(9) assess the impact, if any, of the increase in police
resources on other components of the criminal justice system;
`(10) explain how the grant will be utilized to reorient the
affected law enforcement agency's mission toward
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 populations of less than 50,000,
the Attorney General may waive 1 or more of the requirements of
subsection (c) and may otherwise make special provisions to
facilitate the expedited submission, processing, and approval
of such applications.
`(2) SMALL GRANT AMOUNT- Notwithstanding any other provision
of this part, in relation to applications under section 1701(d)
for grants of less than $1,000,000, the Attorney General may
waive 1 or more of the requirements of subsection (c) and may
otherwise make special provisions to facilitate the expedited
submission, processing, and approval of such 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 governments, from funds supplied by the Bureau of Indian
Affairs.
`(b) NON-FEDERAL COSTS-
`(1) IN GENERAL- States and units of local government may use
assets received through the Assets Forfeiture equitable sharing
program to provide the non-Federal share of the cost of
programs, projects, and activities funded under this part.
`(2) INDIAN TRIBAL GOVERNMENTS- Funds appropriated by the
Congress for the activities of any agency of an Indian tribal
government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to
provide the non-Federal share of the cost of programs or
projects funded under this part.
`(c) HIRING COSTS- Funding provided under this part for hiring
or rehiring a career law enforcement officer may not exceed
$75,000, unless the Attorney General grants a waiver from this
limitation.
`SEC. 1705. 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
implementations. In selected jurisdictions that are able to
support outcome evaluations, the effectiveness of funded programs,
projects, and activities may be required. Outcome measures may
include crime and victimization indicators, quality of life
measures, 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 1705, or otherwise, that a grant recipient
under this part is not in substantial compliance with the terms and
requirements of an approved grant application submitted under
section 1702, the Attorney General may revoke or suspend funding
of that grant, in whole or in part.
`SEC. 1707. ACCESS TO DOCUMENTS.
`(a) BY THE ATTORNEY GENERAL- The Attorney General shall have
access for the purpose of audit and examination to any 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 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.
`SEC. 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 of violations of criminal laws.
`citizens' police academy' means a program by local law
enforcement agencies or private nonprofit organizations in
which citizens, especially those who participate in
neighborhood watch programs, are trained in ways of
facilitating communication between the community and local law
enforcement in the prevention of crime.
`Indian tribe' means a tribe, band, pueblo, nation, or other
organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.'.
d10
(b) TECHNICAL AMENDMENT- The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711,
et seq.) is amended by striking the item relating to part Q and
inserting the following:
`PART Q--PUBLIC SAFETY AND COMMUNITY POLICING; `COPS ON THE BEAT'
`Sec. 1701. Authority to make public safety and community policing
grants.
`Sec. 1702. Applications.
`Sec. 1703. Renewal of grants.
`Sec. 1704. Limitation on use of funds.
`Sec. 1705. Performance evaluation.
`Sec. 1706. Revocation or suspension of funding.
`Sec. 1707. Access to documents.
`Sec. 1708. General regulatory authority.
`Sec. 1709. Definitions.
`PART R--TRANSITION; EFFECTIVE DATE; REPEALER
`Sec. 1801. Continuation of rules, authorities, and proceedings.'.
(c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3793) is amended--
(1) in paragraph (3) by striking `and O' and inserting `O, P,
and Q'; and
(2) by adding at the end the following new paragraph:
`(11)(A) There are authorized to be appropriated to carry out
part Q, to remain available until expended--
`(i) $1,332,000,000 for fiscal year 1995;
`(ii) $1,850,000,000 for fiscal year 1996;
`(iii) $1,950,000,000 for fiscal year 1997;
`(iv) $1,700,000,000 for fiscal year 1998;
`(v) $1,700,000,000 for fiscal year 1999; and
`(vi) $268,000,000 for fiscal year 2000.
`(B) Of funds available under part Q in any fiscal year, up to 3
percent may be used for technical assistance under section 1701(f)
or for evaluations or studies carried out or commissioned by the
Attorney General in furtherance of the purposes of part Q. Of the
remaining funds, 50 percent shall be allocated for grants pursuant
to applications submitted by units of local government or law
enforcement agencies having jurisdiction over areas with
populations exceeding 150,000 or by public and private entities
that serve areas with populations exceeding 150,000, and 50 percent
shall be allocated for grants pursuant to applications submitted by
units of local government or law enforcement agencies having
jurisdiction over areas with populations 150,000 or less or by
public and private entities that serve areas with populations
150,000 or less. Of the funds available in relation to grants under
part Q, at least 85 percent shall be applied to grants for the
purposes specified in section 1701(b), and no more than 15 percent
may be applied to other grants in furtherance of the purposes of
part Q. In view of the extraordinary need for law enforcement
assistance in Indian country, an appropriate amount of funds
available under 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 construct, develop, expand, modify, operate, or improve
correctional facilities, including boot camp facilities and other
alternative correctional facilities that can free conventional
prison space for the confinement of violent offenders, to ensure
that prison cell space is available for the confinement of violent
offenders and to implement truth in sentencing laws for sentencing
violent offenders.
(b) ELIGIBILITY- To be eligible to receive a grant under this
subtitle, a State or States organized as multi-State compacts shall
submit an application to the Attorney General which includes--
(1) assurances that the State or States have implemented, or
will implement, correctional policies and programs, including
truth in sentencing laws that ensure that violent offenders
serve a substantial portion of the sentences imposed, that are
designed to provide sufficiently severe punishment for violent
offenders, including violent juvenile offenders, and that the
prison time served is appropriately related to the
determination that the inmate is a violent offender and for a
period of time deemed necessary to protect the public;
(2) assurances that the State or States have implemented
policies that provide for the recognition of the rights and
needs of crime victims;
(3) assurances that funds received under this section will be
used to construct, develop, expand, modify, operate, or
improve correctional facilities to ensure that prison cell
space is available for the confinement of violent offenders;
(4) assurances that the State or States have a 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 construction, development, expansion, modification,
operation or improvement of correctional facilities 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 construction, development,
expansion, modification, operation, or improvement of
correctional facilities; and
(9) if applicable, a description of the eligibility criteria
for prisoner participation in any boot camp that is to be funded.
(c) CONSIDERATION- The Attorney General, in making such grants,
shall give consideration to the special burden placed on States
which incarcerate a substantial number of inmates who are in the
United States illegally.
SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.
(a) TRUTH IN SENTENCING GRANT PROGRAM- Fifty percent of the total
amount of funds appropriated to carry out this subtitle for each of
fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be made
available for Truth in Sentencing Incentive Grants. To be eligible
to receive such a grant, a State must meet the requirements of
section 20101(b) and shall demonstrate that the State--
(1) has in effect laws which require that persons convicted
of violent crimes serve not less than 85 percent of the
sentence imposed; or
(2) since 1993--
(A) has increased the percentage of convicted violent
offenders sentenced to prison;
(B) has increased the average prison time which will be
served in prison by convicted violent offenders sentenced
to prison;
(C) has increased the percentage of sentence which will
be served in prison by violent offenders sentenced to
prison; and
(D) has in effect at the time of application laws
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
preceding 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- Fifty percent
of the total amount of funds appropriated to carry out this
subtitle for each of fiscal years 1995, 1996, 1997, 1998, 1999, and
2000 shall be made available for Violent Offender Incarceration
Grants. To be eligible to receive such a grant, a State or States
must meet the requirements of section 20101(b).
(b) ALLOCATION OF VIOLENT OFFENDER INCARCERATION FUNDS-
(1) FORMULA ALLOCATION- Eighty-five percent of the sum of the
amount available for Violent Offender Incarceration Grants for
any fiscal year under subsection (a) and any amount transferred
under section 20102(b)(2) for that fiscal year shall be
allocated as follows:
(A) 0.25 percent shall be allocated to each eligible
State except that the United States Virgin Islands,
American Samoa, Guam and the Northern Mariana Islands each
shall be allocated 0.05 percent.
(B) The amount remaining after application of
subparagraph (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
application approved under this subtitle.
SEC. 20105. RULES AND REGULATIONS.
(a) The Attorney General shall issue rules and regulations
regarding the uses of grant funds received under this subtitle not
later than 90 days after the date of enactment of this Act.
(b) If data regarding part 1 violent crimes in any State for 1993
is unavailable or substantially inaccurate, the Attorney 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--
(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
subtitle--
(1) $175,000,000 for fiscal year 1995;
(2) $750,000,000 for fiscal year 1996;
(3) $1,000,000,000 for fiscal year 1997;
(4) $1,900,000,000 for fiscal year 1998;
(5) $2,000,000,000 for fiscal year 1999; and
(6) $2,070,000,000 for fiscal year 2000.
SUBTITLE B--PUNISHMENT FOR YOUNG OFFENDERS
SEC. 20201. CERTAIN PUNISHMENT FOR YOUNG OFFENDERS.
(a) IN GENERAL- Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
10003(a), is amended--
(1) by redesignating part R as part S;
(2) by redesignating section 1801 as section 1901; and
(3) by inserting after part Q the following new part:
[BOLD->] `PART R--CERTAIN PUNISHMENT FOR YOUNG OFFENDERS [<-BOLD]
`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--
`(1) alternative sanctions that create accountability and
certain punishment for young offenders;
`(2) restitution programs for young offenders;
`(3) innovative projects, such as projects consisting of
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-
`(1) 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 (1) shall
include assurances that Federal funds received under this part
shall be used to supplement, not supplant, non-Federal funds
that would otherwise be available for activities funded under
this part.
`(b) STATE OFFICE- The office designated under section 507--
`(1) shall prepare the application as required under
subsection (a); and
`(2) shall administer grant funds received under this part,
including review of spending, processing, progress, financial
reporting, technical assistance, grant adjustments, accounting,
auditing, and fund disbursement.
`SEC. 1803. REVIEW OF STATE APPLICATIONS.
`(a) IN GENERAL- The Attorney General shall make a grant under
section 1801(a) to carry out the projects described in the
application submitted by such applicant under section 1802 upon
determining that--
`(1) the application is consistent with the requirements of
this part; and
`(2) before the approval of the application, the Attorney
General has made an affirmative finding in writing that the
proposed project has been reviewed in accordance with this part.
`(b) APPROVAL- Each application submitted under section 1802
shall be considered approved, in whole or in part, by the Attorney
General not later than 45 days after first received unless the
Attorney General informs the applicant of specific reasons for
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.
`SEC. 1804. LOCAL APPLICATIONS.
`(a) IN GENERAL-
`(1) SUBMISSION OF APPLICATION- To request funds under this
part from a State, the chief executive of a unit of local
government shall submit an application to the office designated
under section 1802(b).
`(2) APPROVAL- An application under paragraph (1) shall be
considered to have been approved, in whole or in part, by the
State not later than 45 days after such application is first
received unless the State informs the applicant in 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
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.
`(f) DEFINITION- For purposes of this part, `juvenile' means a
person 18 years of age or younger.
`SEC. 1806. EVALUATION.
`(a) IN GENERAL-
`(1) SUBMISSION TO THE DIRECTOR- Each State and unit of local
government that receives a grant under this part shall submit
to the Attorney General an evaluation not later than March 1 of
each year in accordance with guidelines issued by the Attorney
General. Such evaluation shall include an appraisal by
representatives of the community of the programs funded by the
grant.
`(2) WAIVER- The Attorney General may waive the requirement
specified in paragraph (1) if the Attorney General determines
that such evaluation is not warranted in the case of the State
or unit of local government involved.
`(b) DISTRIBUTION- The Attorney General shall make available to
the public on a timely basis evaluations received under subsection
(a).
`(c) ADMINISTRATIVE COSTS- A State or unit of local 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
first-time 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--
`(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 subdivision 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
following amounts may be appropriated from the Violent Crime
Reduction Trust Fund:
`(A) $130,000,000 for fiscal year 1995;
`(B) $300,000,000 for fiscal year 1996;
`(C) $330,000,000 for fiscal year 1997;
`(D) $350,000,000 for fiscal year 1998;
`(E) $350,000,000 for fiscal year 1999; and
`(F) $340,000,000 for fiscal year 2000.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall
take effect October 1, 1994.
(c) TERMINATION OF LIMITATION- Notwithstanding section 242(j)(5)
of the Immigration and Nationality Act, as added by 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:
`Sec. 4047. Prison impact assessments
`(a) Any submission of legislation by the Judicial or Executive
branch which could increase or decrease the number of persons
incarcerated in Federal penal institutions shall be accompanied by
a prison impact statement (as defined in subsection (b)).
`(b) The Attorney General shall, in consultation with the
Sentencing Commission and the Administrative Office of the United
States Courts, prepare and furnish prison impact assessments under
subsection (c) of this section, and in response to requests from
Congress for information relating to a pending measure or matter
that might affect the number of defendants processed through the
Federal criminal justice system. A prison impact 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
components of the criminal justice system; and
`(4) a statement of the methodologies and assumptions
utilized in preparing the assessment.
`(c) The Attorney General shall prepare and transmit to the
Congress, by March 1 of each year, a prison impact assessment
reflecting the cumulative effect of all relevant changes in the law
taking effect during the preceding calendar year.'.
(b) TECHNICAL AMENDMENT- The chapter analysis for chapter 303 is
amended by adding at the end the following new item:
`4047. Prison impact assessments.'.
SEC. 20403. SENTENCES TO ACCOUNT FOR COSTS TO THE 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
paragraph:
`(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
reference to probation or parole.
SEC. 20405. CREDITING OF `GOOD TIME'.
Section 3624 of title 18, United States Code, is amended--
(1) by striking `he' each place it appears and inserting `the
prisoner';
(2) by striking `his' each place it appears and inserting
`the prisoner's';
(3) in subsection (d) by striking `him' and inserting `the
prisoner'; and
(4) in subsection (b)--
(A) in the first sentence by inserting `(other than a
prisoner serving a sentence for a crime of violence)' after
`A prisoner'; and
(B) by inserting after the first sentence the following:
`A prisoner who is serving a term of imprisonment of more
than 1 year for a crime of violence, other than a term of
imprisonment for the duration of the prisoner's life, may
receive credit toward the service of the prisoner's
sentence, beyond the time served, of up to 54 days at the
end of each year of the prisoner's term of imprisonment,
beginning at the end of the first year of the term, subject
to determination by the Bureau of Prisons that, during that
year, the prisoner has displayed exemplary compliance with
such institutional disciplinary regulations.'.
SEC. 20406. TASK FORCE ON PRISON CONSTRUCTION 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 construction; 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
information on the results; and
(3) to the extent feasible, certify the effectiveness of the
cost-savings efforts.
SEC. 20407. EFFICIENCY IN LAW ENFORCEMENT AND CORRECTIONS.
(a) IN GENERAL- In the administration of each grant program
funded by appropriations authorized by this Act or by an amendment
made by this Act, the Attorney General shall encourage--
(1) innovative methods for the low-cost construction of
facilities to be constructed, converted, or expanded and the
low-cost operation of such facilities and the reduction of
administrative costs and overhead expenses; and
(2) the use of surplus Federal property.
(b) ASSESSMENT OF CONSTRUCTION COMPONENTS AND DESIGNS- The
Attorney General may make an assessment of the cost efficiency and
utility of using modular, prefabricated, precast, and
pre-engineered construction components and designs for housing
nonviolent criminals.
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, to--
`(1) develop measures for evaluating the effectiveness of the
programs funded under this section; and
`(2) evaluate the effectiveness of such programs.
`(h) USE OF FUNDS- Notwithstanding any other provision of law,
the Secretary may use not more than five percent of funds
appropriated under subsection (i) in any fiscal year to carry out
grant-related activities such as monitoring, technical assistance,
and replication and dissemination.'.
SEC. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.
(a) AMENDMENT OF TITLE 18, UNITED STATES CODE- 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:
`Sec. 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
equitable relief other than that described in paragraph (1),
including 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 AMENDMENT- Section 3626 of title 18, United
States Code, as added by paragraph (1), shall apply to all
outstanding court orders on the date of enactment of this Act. Any
State or municipality shall be entitled to seek modification of any
outstanding eighth amendment decree pursuant to that section.
(c) TECHNICAL AMENDMENT- The subchapter analysis for 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 AT LORTON AND
CONGRESSIONAL HEARINGS ON FUTURE NEEDS.
(a) CONGRESSIONAL APPROVAL- Notwithstanding any other provision
of law, the existing prison facilities and complex at the District
of Columbia Corrections Facility at Lorton, Virginia, shall not be
expanded unless such expansion has been approved by the Congress
under the authority provided to Congress in section 446 of the
District of Columbia Self-Government and Governmental
Reorganization Act.
(b) SENATE HEARINGS- The Senate directs the Subcommittee on the
District of Columbia of the Committee on Appropriations of the
Senate to conduct hearings regarding expansion of the prison
complex in Lorton, Virginia, prior to any approval granted pursuant
to subsection (a). The subcommittee shall permit interested
parties, including appropriate officials from the County of
Fairfax, Virginia, to testify at such hearings.
(c) DEFINITION- For purposes of this section, the terms
`expanded' and `expansion' mean any alteration of the physical
structure of the prison complex that is made to increase the number
of inmates incarcerated at the prison.
SEC. 20411. AWARDS OF PELL GRANTS TO PRISONERS PROHIBITED.
(a) IN GENERAL- Section 401(b)(8) of the Higher Education Act of
1965 (20 U.S.C. 1070a(b)(8)) is amended to read as follows:
`(8) No basic grant shall be awarded under this subpart to any
individual who is incarcerated in any Federal or State penal
institution.'.
(b) APPLICATION OF AMENDMENT- The amendment made by this section
shall apply with respect to periods of enrollment 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 `(1)' after `behavior- ';
(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 INTO
FEDERAL PRISON FACILITIES.
(a) STUDY OF SUITABLE BASES- The Secretary of Defense and the
Attorney General shall jointly conduct a study of all military
installations selected before the date of enactment of this Act to
be closed pursuant to a base closure law for the purpose of
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
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526) and the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510), the Attorney General shall--
(A) consider whether using any portion of a military
installation closed or scheduled to be closed in the region
pursuant to a base closure law provides a cost-effective
alternative to the purchase of real property or
construction of new prison facilities;
(B) consider whether such use is consistent with a
reutilization and redevelopment plan; and
(C) give consideration to any installation located in a
rural area the closure of which will have a substantial
adverse impact on the economy of the local communities and
on the ability of the communities to sustain an economic
recovery 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 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:
`Sec. 3608. Drug testing of Federal offenders on post-conviction
release
`The Director of the Administrative Office of the United States
Courts, in consultation with the Attorney General and the
Secretary of Health and Human Services, shall, subject to the
availability of appropriations, establish a program of drug
testing of Federal offenders on post-conviction release. The
program shall include such standards and guidelines as the Director
may determine 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--
(1) in paragraph (2) by striking `and' after the semicolon;
(2) in paragraph (3) by striking the period and inserting `;
and';
(3) by adding at the end the following new paragraph:
`(4) for a felony, a misdemeanor, or an infraction, that the
defendant refrain from any unlawful use of a controlled
substance and submit to one drug test within 15 days of release
on probation and at least 2 periodic drug tests thereafter (as
determined by the court) for use of a controlled substance, but
the condition stated in this paragraph may be ameliorated or
suspended by the court for any individual defendant if the
defendant's presentence report or other reliable sentencing
information indicates a low risk of future substance abuse by
the defendant.'; and
(4) by adding at the end the following: `The results of a
drug test administered in accordance with paragraph (4) shall
be subject to confirmation only if the results are positive,
the defendant is subject to possible imprisonment for such
failure, and either the defendant denies the accuracy of such
test or there is some other reason to question the results of
the test. A defendant who tests positive may be detained
pending verification of a positive drug test result. A drug
test confirmation shall be a urine drug test confirmed using
gas chromatography/mass spectrometry techniques or such test as
the Director of the Administrative Office of the United States
Courts after consultation with the Secretary of Health and
Human Services may determine to be of equivalent accuracy. The
court shall consider whether the availability of appropriate
substance abuse treatment programs, or an individual's current
or past participation in such programs, warrants an exception
in accordance with United States Sentencing Commission
guidelines from the rule of section 3565(b), when considering
any action against a defendant who fails a drug test
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 substance abuse
treatment programs, or an individual's current or past
participation in such programs, warrants an exception in accordance
with United States Sentencing Commission guidelines from the rule
of section 3583(g) when considering any action against a defendant
who fails a drug test.'.
(d) CONDITIONS OF PAROLE- Section 4209(a) of title 18, United
States Code, is amended by inserting after the first sentence the
following: `In every case, the Commission shall also impose as a
condition of parole that the parolee pass a drug test prior to
release and refrain from any unlawful use of a controlled substance
and submit to at least 2 periodic drug tests (as determined by the
Commission) for use of a controlled substance. The condition stated
in the preceding sentence may be ameliorated or suspended by the
Commission for any individual parolee if it determines that there
is good cause for doing so. The results of a drug test administered
in accordance with the provisions of the preceding sentence shall
be subject to confirmation only if the results are positive, the
defendant is subject to possible imprisonment for such failure, and
either the defendant denies the accuracy of such test or there is
some other reason to question the results of the test. A drug test
confirmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as the
Director of the Administrative Office of the United States Courts
after consultation with the Secretary of Health and Human Services
may determine to be of equivalent accuracy. The Commission shall
consider whether the availability of appropriate substance abuse
treatment programs, or an individual's current or past
participation in such programs, warrants an exception in accordance
with United States Sentencing Commission guidelines from the rule
of section 4214(f) when considering any action against a defendant
who fails a drug test.'.
SEC. 20415. REPORTING OF CASH RECEIVED BY CRIMINAL COURT CLERKS.
(a) IN GENERAL- Section 6050I of the Internal Revenue Code of
1986 (relating to returns relating to cash received in trade or
business) is amended by adding at the end the following new
subsection:
`(g) CASH RECEIVED BY CRIMINAL COURT CLERKS-
`(1) IN GENERAL- Every clerk of a Federal or State criminal
court who receives more than $10,000 in cash as bail for any
individual charged with a specified criminal offense shall make
a return described in paragraph (2) (at such time as the
Secretary may by regulations prescribe) with respect to the
receipt of such bail.
`(2) RETURN- A return is described in this paragraph if such
return--
`(A) is in such form as the Secretary may prescribe, and
`(B) contains--
`(i) the name, address, and TIN of--
`(I) the individual charged with the specified criminal offense,
and
`(II) each person posting the bail (other than a person licensed
as a bail bondsman),
`(ii) the amount of cash received,
`(iii) the date the cash was received, and
`(iv) such other information as the Secretary may
prescribe.
`(3) SPECIFIED CRIMINAL OFFENSE- For purposes of this
subsection, the term `specified criminal offense' means--
`(A) any Federal criminal offense involving a controlled
substance,
`(B) racketeering (as defined in section 1951, 1952, or
1955 of title 18, United States Code),
`(C) money laundering (as defined in section 1956 or 1957
of such title), and
`(D) any State criminal offense substantially similar to
an offense described in subparagraph (A), (B), or (C).
`(4) INFORMATION TO FEDERAL PROSECUTORS- Each clerk required
to include on a return under paragraph (1) the information
described in paragraph (2)(B) with respect to an individual
described in paragraph (2)(B)(i)(I) shall furnish (at such time
as the Secretary may by regulations prescribe) a written
statement showing such information to the United States
Attorney for the jurisdiction in which such individual resides
and the jurisdiction in which the specified criminal offense
occurred.
`(5) INFORMATION TO PAYORS OF BAIL- Each clerk required to
make a return under paragraph (1) shall furnish (at such time
as the Secretary may by regulations prescribe) to each person
whose name is required to be set forth in such return by
reason of paragraph (2)(B)(i)(II) a written statement showing--
`(A) the name and address of the clerk's office required
to make the return, and
`(B) the aggregate amount of cash described in paragraph
(1) received by such clerk.'.
(b) CONFORMING AMENDMENTS-
(1) Clause (iv) of section 6724(d)(1)(B) of the Internal
Revenue Code of 1986 is amended to read as follows:
`(iv) section 6050I (a) or (g)(1) (relating to cash
received in trade or business, etc.),'.
(2) Subparagraph (K) of section 6724(d)(2) of the Internal
Revenue Code of 1986 is amended to read as follows:
`(K) section 6050I(e) or paragraph (4) or (5) of section
6050I(g) (relating to cash received in trade or business,
etc.),'.
(3) The heading for section 6050I of the Internal Revenue
Code of 1986 is amended by striking ` [Bold->] BUSINESS
[<-Bold] ' and inserting ` [Bold->] BUSINESS, ETC [<-Bold] .'.
(4) The table of sections for subpart B of part III of
subchapter A of chapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by striking `business' and inserting
`business, etc.' in the item relating to section 6050I.
(c) REGULATIONS- The Secretary of the Treasury or the Secretary's
delegate shall prescribe temporary regulations under the amendments
made by this section within 90 days after the date of enactment of
this Act.
(d) EFFECTIVE DATE- The amendments made by this section shall
take effect on the 60th day after the date on which the temporary
regulations are prescribed under subsection (c).
SEC. 20416. CIVIL RIGHTS OF INSTITUTIONALIZED PERSONS.
(a) EXHAUSTION OF ADMINISTRATIVE REMEDIES- Section 7 of the Civil
Rights of Institutionalized Persons Act (42 U.S.C. 1997e) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking `ninety days' and
inserting `180 days'; and
(B) in paragraph (2), by inserting before the period at
the end the following: `or are otherwise fair and
effective'; and
(2) in subsection (c)--
(A) in paragraph (1) 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 GENERAL-
The Bureau';
(2) by striking `This section' and inserting `(c) APPLICATION
OF SECTION- This section';
(3) in paragraph (4) of subsection (a), as designated by
paragraph (1)--
(A) by striking `Provide' and inserting `provide'; and
(B) by striking the period at the end and inserting `;
and';
(4) by inserting after paragraph (4) of subsection (a), as
designated by paragraph (1), the following new paragraph:
`(5) provide notice of release of prisoners in accordance
with subsection (b).'; and
(5) by inserting after subsection (a), as designated by
paragraph (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 (1) shall disclose--
`(A) the prisoner's name;
`(B) the prisoner's criminal history, including a description
of the offense of which the prisoner was convicted; and
`(C) any restrictions on conduct or other conditions to the
release of the prisoner that are imposed by law, the sentencing
court, or the Bureau of Prisons or any other Federal agency.
`(3) A prisoner is described in this paragraph if the prisoner
was convicted of--
`(A) a drug trafficking crime, as that term is defined in
section 924(c)(2); or
`(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--
(A) receive financial assistance under this Act; or
(B) receive financial assistance through other programs
carried out by the Department of Justice or Department of
Labor, for activities related to the development of
employability;
(3) prepare and implement the use of special staff training
materials, and methods, for developing the staff competencies
needed by State and local agencies to assist incarcerated
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 Secretary
of Labor, the Secretary of Agriculture, the Secretary of
the Treasury, the Secretary of the Interior, and the
Director of the Office of National Drug Control Policy; and
(B) may include other officials of the executive branch
as directed by the President.
(2) CHAIR- The President shall designate the Chair of the
Council from among its members (referred to in this title as
the `Chair').
(3) STAFF- The Council may employ any necessary staff to
carry out its functions, and may delegate any of its functions
or powers to a member or members of the Council.
(b) PROGRAM COORDINATION- For any program authorized under the
Violent Crime Control and Law Enforcement Act of 1994, the Ounce of
Prevention Council Chair, only at the request of the Council member
with jurisdiction over that program, may coordinate that program,
in whole or in part, through the Council.
(c) ADMINISTRATIVE RESPONSIBILITIES AND POWERS- In 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 base 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 neighborhoods 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 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
subtitle--
(1) $1,500,000 for fiscal year 1995;
(2) $14,700,000 for fiscal year 1996;
(3) $18,000,000 for fiscal year 1997;
(4) $18,000,000 for fiscal year 1998;
(5) $18,900,000 for fiscal year 1999; and
(6) $18,900,000 for fiscal year 2000.
SUBTITLE B--LOCAL CRIME PREVENTION BLOCK GRANT PROGRAM
SEC. 30201. PAYMENTS TO LOCAL GOVERNMENTS.
(a) PAYMENT AND USE-
(1) PAYMENT- The Attorney General, shall pay to each unit of
general local government which qualifies for a payment under
this subtitle an amount equal to the sum of any amounts
allocated to the government under this subtitle for each
payment period. The Attorney General shall pay such amount from
amounts appropriated under section 30202.
(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 of the following purposes:
(A) Education, training, research, prevention, diversion,
treatment, and rehabilitation programs to prevent juvenile
violence, juvenile gangs, and the use and sale of illegal
drugs by juveniles.
(B) Programs to prevent crimes against the elderly based
on the concepts of the Triad model.
(C) Programs that prevent young children from becoming
gang involved, including the award of grants or contracts
to community-based service providers that have a proven
track record of providing services to children ages 5 to 18.
(D) Saturation jobs programs, offered either separately
or in conjunction with the services provided for under the
Youth Fair Chance Program, that provide employment
opportunities leading to permanent unsubsidized employment
for disadvantaged young adults 16 through 25 years of age.
(E) Midnight sports league programs that shall require
each player in the league to attend employment counseling,
job training, and other educational classes provided under
the program, which shall be held in conjunction with league
sports games at or near the site of the games.
(F) Supervised sports and recreation programs, including
Olympic Youth Development Centers established in
cooperation with the United States Olympic Committee, that
are offered--
(i) after school and on weekends and holidays, during
the school year; and
(ii) as daily (or weeklong) full-day programs (to the
extent available resources permit) or as part-day
programs, during the summer months.
(G) Prevention and enforcement programs to reduce--
(i) the formation or continuation of juvenile gangs;
and
(ii) the use and sale of illegal drugs by juveniles.
(H) Youth anticrime councils to give intermediate and
secondary school students a structured forum through which
to work with community organizations, law enforcement
officials, government and media representatives, and school
administrators and faculty to address issues regarding
youth and violence.
(I) Award of grants or contracts to the Boys and Girls
Clubs of America, a national nonprofit youth organization,
to establish Boys and Girls Clubs in public housing.
(J) Supervised visitation centers for children who have
been removed from their parents and placed outside the
home as a result of abuse or neglect or other risk of harm
to them and for children whose parents are separated or
divorced and the children are at risk because--
(i) there is documented sexual, physical, or
emotional abuse as determined by a court of competent
jurisdiction;
(ii) there is suspected or elevated risk of sexual,
physical, or emotional abuse, or there have been
threats of parental abduction of the child;
(iii) due to domestic violence, there is an ongoing
risk of harm to a parent or child;
(iv) a parent is impaired because of substance abuse
or mental illness;
(v) there are allegations that a child is at risk for
any of the reasons stated in clauses (i), (ii), (iii),
and (iv), pending an investigation of the allegations; or
(vi) other circumstances, as determined by a court of
competent jurisdiction, point to the existence of such
a risk.
(K) Family Outreach Teams which provide a youth worker, a
parent worker, and a school-parent organizer to provide
training in outreach, mentoring, community organizing and
peer counseling and mentoring to locally recruited
volunteers in a particular area.
(L) To establish corridors of safety for senior citizens
by increasing the numbers, presence, and watchfulness of
law enforcement officers, community groups, and business
owners and employees.
(M) Teams or units involving both specially trained law
enforcement professionals and child or family services
professionals that on a 24-hour basis respond to or deal
with violent incidents in which a child is involved as a
perpetrator, witness, or victim.
(N) Dwelling units to law enforcement officers without
charge or at a substantially reduced rent for the purpose
of providing greater security for residents of high crime
areas.
(b) TIMING OF PAYMENTS- The Attorney General shall pay each
amount allocated under this subtitle to a unit of general local
government for a payment period by the later of 90 days after the
date the amount is available or the first day of the payment period
if the unit of general local government has provided the Attorney
General with the assurances required by section 30203(d).
(c) ADJUSTMENTS-
(1) IN GENERAL- Subject to paragraph (2), the Attorney
General shall adjust a payment under this subtitle to a unit of
general local government to the extent that a prior payment to
the government was more or less than the amount required to be
paid.
(2) CONSIDERATIONS- The Attorney General may increase or
decrease under this subsection a payment to a unit of general
local government only if the Attorney General determines the
need for the increase or decrease, or the unit requests the
increase or decrease, within one year after the end of the
payment period for which the payment was made.
(d) RESERVATION FOR ADJUSTMENTS- The Attorney General may reserve
a percentage of not more than 2 percent of the amount under this
section for a payment period for all units of general local
government in a State if the Attorney General considers the reserve
is necessary to ensure the availability of sufficient amounts to
pay adjustments after the final allocation of amounts among the
units of general local government in the State.
(e) REPAYMENT OF UNEXPENDED AMOUNTS-
(1) REPAYMENT REQUIRED- A unit of general local government
shall repay to the Attorney General, by not later than 15
months after receipt from the Attorney General, any amount that
is--
(A) paid to the unit from amounts appropriated under the
authority of this section; and
(B) not expended by the unit within one year after
receipt from the Attorney General.
(2) PENALTY FOR FAILURE TO REPAY- If the amount required to
be repaid is not repaid, the Attorney General shall reduce
payments in future payment periods accordingly.
(3) DEPOSIT OF AMOUNTS REPAID- Amounts received by the
Attorney General as repayments under this subsection shall be
deposited in a designated fund for future payments to units of
general local government.
(f) NONSUPPLANTING REQUIREMENT- Funds made available under this
subtitle to units of local government shall not be used to supplant
State or local funds, but will be used to increase the amount of
funds that would, in the absence of funds under this subtitle, be
made available from State or local sources.
SEC. 30202. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this subtitle--
(1) $75,940,000 for fiscal year 1996;
(2) $75,940,000 for fiscal year 1997;
(3) $75,940,000 for fiscal year 1998;
(4) $75,940,000 for fiscal year 1999; and
(5) $73,240,000 for fiscal year 2000.
Such sums are to remain available until expended.
(b) ADMINISTRATIVE COSTS- Up to 2.5 percent of the amount
authorized to be appropriated under subsection (b) is authorized to
be appropriated for the period fiscal year 1995 through fiscal year
2000 to be available for administrative costs by the Attorney
General in furtherance of the purposes of the program. Such sums
are to remain available until expended.
SEC. 30203. QUALIFICATION FOR PAYMENT.
(a) IN GENERAL- The Attorney General shall issue regulations
establishing procedures under which eligible units of general local
government are required to provide notice to the Attorney General
of the units' proposed use of assistance under this subtitle.
(b) GENERAL REQUIREMENTS FOR QUALIFICATION- A unit of general
local government qualifies for a payment under this subtitle for a
payment period only after establishing to the satisfaction of the
Attorney General that--
(1) the government will establish a trust fund in which the
government will deposit all payments received under this
subtitle;
(2) the government will use amounts in the trust fund
(including interest) during a reasonable period;
(3) the government will expend the payments so received, in
accordance with the laws and procedures that are applicable to
the expenditure of revenues of the government;
(4) if at least 25 percent of the pay of individuals employed
by the government in a public employee occupation is paid out
of the trust fund, individuals in the occupation any part of
whose pay is paid out of the trust fund will receive pay at
least equal to the prevailing rate of pay for individuals
employed in similar public employee occupations by the
government;
(5) the government will use accounting, audit, and fiscal
procedures that conform to guidelines which shall be prescribed
by the Attorney General after consultation with the Comptroller
General of the United States. As applicable, amounts received
under this subtitle shall be audited in compliance with the
Single Audit Act of 1984;
(6) after reasonable notice to the government, the government
will make available to the Attorney General and the Comptroller
General of the United States, with the right to inspect,
records the Attorney General reasonably requires to review
compliance with this subtitle or the Comptroller General of the
United States reasonably requires to review compliance and
operations;
(7) the government will make reports the Attorney General
reasonably requires, in addition to the annual reports required
under this subtitle; and
(8) the government will spend the funds only for the purposes
set forth in section 30201(a)(2).
(c) REVIEW BY GOVERNORS- A unit of general local government shall
give the chief executive officer of the State in which the
government is located an opportunity for review and comment before
establishing compliance with subsection (d).
(d) SANCTIONS FOR NONCOMPLIANCE-
(1) IN GENERAL- If the Attorney General decides that a unit
of general local government has not complied substantially with
subsection (b) or regulations prescribed under subsection (b),
the Attorney General shall notify the government. The notice
shall state that if the government does not take corrective
action by the 60th day after the date the government receives
the notice, the Attorney General will withhold additional
payments to the government for the current payment period and
later payment periods until the Attorney General is satisfied
that the government--
(A) has taken the appropriate corrective action; and
(B) will comply with subsection (b) and regulations
prescribed under subsection (b).
(2) NOTICE- Before giving notice under paragraph (1), the
Attorney General shall give the chief executive officer of the
unit of general local government reasonable notice and an
opportunity for comment.
(3) PAYMENT CONDITIONS- The Attorney General may make a
payment to a unit of general local government notified under
paragraph (1) only if the Attorney General is satisfied that
the government--
(A) has taken the appropriate corrective action; and
(B) will comply with subsection (b) and regulations
prescribed under subsection (b).
SEC. 30204. ALLOCATION AND DISTRIBUTION OF FUNDS.
(a) STATE DISTRIBUTION- For each payment period, the Attorney
General shall allocate out of the amount appropriated for the
period under the authority of section 30202--
(1) 0.25 percent to each State; and
(2) of the total amount of funds remaining after allocation
under paragraph (1), an amount that is equal to the ratio that
the number of part 1 violent crimes reported by such State to
the Federal Bureau of Investigation for 1993 bears to the
number of part 1 violent crimes reported by all States to the
Federal Bureau of Investigation for 1993.
(b) LOCAL DISTRIBUTION- (1) The Attorney General shall allocate
among the units of general local government in a State the amount
allocated to the State under paragraphs (1) and (2) of subsection
(a).
(2) The Attorney General shall allocate to each unit of general
local government an amount which bears the ratio that the number of
part 1 violent crimes reported by such unit to the Federal Bureau
of Investigation for 1993 bears to the number of part 1 violent
crimes reported by all units in the State in which the unit is
located to the Federal Bureau of Investigation for 1993 multiplied
by the ratio of the population living in all units in the State in
which the unit is located that reported part 1 violent crimes to
the Federal Bureau of Investigation for 1993 bears to the
population of the State; or if such data are not available for a
unit, the ratio that the population of such unit bears to the
population of all units in the State in which the unit is located
for which data are not available multiplied by the ratio of the
population living in units in the State in which the unit is
located for which data are not available bears to the population of
the State.
(3) If under paragraph (2) a unit is allotted less than $5,000
for the payment period, the amount allotted shall be transferred to
the Governor of the State who shall equitably distribute the
allocation to all such units or consortia thereof.
(4) If there is in a State a unit of general local government
that has been incorporated since the date of the collection of the
data used by the Attorney General in making allocations pursuant to
this section, the Attorney General shall allocate to this newly
incorporated local government, out of the amount allocated to the
State under this section, an amount bearing the same ratio to the
amount allocated to the State as the population of the newly
incorporated local government bears to the population of the State.
If there is in the State a unit of general local government that
has been annexed since the date of the collection of the data used
by the Attorney General in making allocations pursuant to this
section, the Attorney General shall pay the amount that would have
been allocated to this local government to the unit of general
local government that annexed it.
(c) UNAVAILABILITY OF INFORMATION- For purposes of this section,
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 such State for the purposes of
allocation of any funds under this subtitle.
SEC. 30205. UTILIZATION OF PRIVATE SECTOR.
Funds or a portion of funds allocated under this subtitle may be
utilized to contract with private, nonprofit entities or
community-based organizations to carry out the uses specified under
section 30201(a)(2).
SEC. 30206. PUBLIC PARTICIPATION.
A unit of general local government expending payments under this
subtitle shall hold at least one public hearing on the proposed use
of the payment in relation to its entire budget. At the hearing,
persons shall be given an opportunity to provide written and oral
views to the governmental authority responsible for enacting the
budget and to ask questions about the entire budget and the
relation of the payment to the entire budget. The government shall
hold the hearing at a time and a place that allows and encourages
public attendance and participation.
SEC. 30207. ADMINISTRATIVE PROVISIONS.
The administrative provisions of part H of the Omnibus Crime
Control and Safe Streets Act of 1968, shall apply to the Attorney
General for purposes of carrying out this subtitle.
SEC. 30208. DEFINITIONS.
For purposes of this subtitle:
(1) The term `unit of general local government' means--
(A) a county, township, city, or political subdivision of
a county, township, or city, that is a unit of general
local government as determined by the Secretary of 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) The term `payment period' means each 1-year period
beginning on October 1 of the years 1995 through 2000.
(3) The term `State' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam, and the Northern Mariana
Islands, except that American Samoa, Guam, and the Northern
Mariana Islands shall be considered as one State and that, for
purposes of section 30204(a), 33 per centum of the amounts
allocated shall be allocated to American Samoa, 50 per centum
to Guam, and 17 per centum to the Northern Mariana Islands.
(4) The term `children' means persons who are not younger
than 5 and not older than 18 years old.
(5) The term `part 1 violent crimes' means murder and
non-negligent manslaughter, forcible rape, robbery, and
aggravated assault as reported to the Federal Bureau of
Investigation for purposes of the Uniform Crime Reports.
SUBTITLE C--MODEL INTENSIVE GRANT PROGRAMS
SEC. 30301. GRANT AUTHORIZATION.
(a) ESTABLISHMENT-
(1) IN GENERAL- The Attorney General may award grants to not
more than 15 chronic high intensive crime areas to develop
comprehensive model crime prevention programs that--
(A) involve and utilize a broad spectrum of community
resources, including nonprofit community organizations, law
enforcement organizations, and appropriate State and
Federal agencies, including the State educational agencies;
(B) attempt to relieve conditions that encourage crime; and
(C) provide meaningful and lasting alternatives to
involvement in crime.
(2) CONSULTATION WITH THE OUNCE OF PREVENTION COUNCIL- The
Attorney General may consult with the Ounce of Prevention
Council in awarding grants under paragraph (1).
(b) PRIORITY- In awarding grants under subsection (a), the
Attorney General shall give priority to proposals that--
(1) are innovative in approach to the prevention of crime in
a specific area;
(2) vary in approach to ensure that comparisons of different
models may be made; and
(3) coordinate crime prevention programs funded under this
program with other existing Federal programs to address the
overall needs of communities that benefit from grants received
under this title.
SEC. 30302. USES OF FUNDS.
(a) IN GENERAL- Funds awarded under this subtitle may be used
only for purposes described in an approved application. The intent
of grants under this subtitle is to fund intensively 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 application
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
funds that would otherwise be available for programs funded
under this subtitle.
SEC. 30305. REPORTS.
Not later than December 31, 1998, the Attorney General shall
prepare and submit to the Committees on the Judiciary of the House
and Senate an evaluation of the model programs developed under this
subtitle and make recommendations regarding the implementation of a
national crime prevention program.
SEC. 30306. DEFINITIONS.
In this subtitle--
`chief local elected official' means an official designated
under regulations issued by the Attorney General. The criteria
used by the Attorney General in promulgating such regulations
shall ensure administrative efficiency and accountability in
the expenditure of funds and execution of funded projects under
this subtitle.
`chronic high intensity crime area' means an area meeting
criteria adopted by the Attorney General by regulation that, at
a minimum, define areas with--
(A) consistently high rates of violent crime as reported
in the Federal Bureau of Investigation's `Uniform Crime
Reports', and
(B) chronically high rates of poverty as determined by
the Bureau of the Census.
`State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands.
SEC. 30307. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $100,000,000 for fiscal year 1996;
(2) $125,100,000 for fiscal year 1997;
(3) $125,100,000 for fiscal year 1998;
(4) $125,100,000 for fiscal year 1999; and
(5) $150,200,000 for fiscal year 2000.
SUBTITLE D--FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT PROGRAM
SEC. 30401. COMMUNITY SCHOOLS YOUTH SERVICES AND SUPERVISION GRANT
PROGRAM.
(a) SHORT TITLE- This section may be cited as the `Community
Schools Youth Services and Supervision Grant Program Act of 1994'.
(b) DEFINITIONS- In this section--
`child' means a person who is not younger than 5 and not
older than 18 years old.
`community-based organization' means a private, locally
initiated, community-based organization that--
(A) is a nonprofit organization, as defined in section
103(23) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5603(23)); and
(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
community-based organizations in each State, an amount
bearing the same ratio to such sums as the number of
children in the State who are from families with incomes
below the poverty line bears to the number of children in
all States who are from families with incomes below the
poverty line. In view of the extraordinary need for
assistance in Indian country, an appropriate amount of
funds available under this subtitle shall be made available
for such grants in Indian country.
(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--
(I) after school and on weekends and holidays, during the school
year; and
(II) as daily full-day programs (to the extent available
resources permit) or as part-day programs, during the summer months;
(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
organization will spend grant funds received under this
section in a manner that the community-based organization
determines will best accomplish the objectives of this
section;
(C) contain a comprehensive plan for the program that is
designed to achieve identifiable goals for children in the
eligible community;
(D) set forth measurable goals and outcomes for the
program that--
(i) will--
(I) where appropriate, make a public school the focal point of
the eligible community; or
(II) make a local facility described in 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 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 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
section;
(P) contain an assurance that the program for which the
grant is sought will, to the maximum extent possible,
incorporate services that are provided solely through
non-Federal private or nonprofit sources; and
(Q) contain an assurance that the community-based
organization will maintain separate accounting records for
the program.
(3) PRIORITY- In awarding grants to carry out programs under
this section, the Secretary shall give priority to
community-based organizations who submit applications that
demonstrate the greatest effort in generating local support for
the programs.
(g) ELIGIBILITY OF PARTICIPANTS-
(1) IN GENERAL- To the extent possible, each child who
resides in an eligible community shall be eligible to
participate in a program carried out in such community that
receives assistance under this section.
(2) ELIGIBILITY- To be eligible to participate in a program
that receives assistance under this section, a child shall
provide the express written approval of a parent or guardian,
and shall submit an official application and agree to the terms
and conditions of participation in the program.
(3) NONDISCRIMINATION- In selecting children to 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.
(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.
(2) COMPOSITION- A peer review panel shall include at least 1
representative from each of the following:
(A) A community-based organization.
(B) A local government.
(C) A school district.
(D) The private sector.
(E) A charitable organization.
(F) A representative of the United States Olympic
Committee, at the option of the Secretary.
(3) FUNCTIONS- A peer review panel shall conduct the initial
review of all grant applications received by the Secretary
under subsection (f), make recommendations to the Secretary
regarding--
(A) grant funding under this section; and
(B) a design for the evaluation of programs assisted
under this section.
(i) INVESTIGATIONS AND INSPECTIONS- The Secretary may conduct
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 (f)(2)(P)), and funds appropriated by the
Congress for the activity of any agency of an Indian tribal
government or the Bureau of Indian Affairs on any Indian
lands may be used to provide the non-Federal share of the
costs of programs or projects funded under this subtitle.
(B) SPECIAL RULE- At least 15 percent of the non-Federal
share of such costs shall be provided from private or
nonprofit sources.
(k) EVALUATION- The Secretary shall conduct a thorough evaluation
of the programs assisted under this section, which shall include an
assessment of--
(1) the number of children participating in each program
assisted under this section;
(2) the academic achievement of such children;
(3) school attendance and graduation rates of such children;
and
(4) the number of such children being processed by the
juvenile justice system.
SEC. 30402. FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT PROGRAM.
(a) SHORT TITLE- This section may be cited as the `Family and
Community Endeavor Schools Act'.
(b) PURPOSE- It is the purpose of this section to improve the
overall development of at-risk children who reside in eligible
communities as defined in subsection (l)(3).
(c) PROGRAM AUTHORITY- The Secretary may award grants on a
competitive basis to eligible local entities to pay for the Federal
share of assisting eligible communities to develop and carry out
programs in accordance with this section. No local entity shall
receive a grant of less than $250,000 in a fiscal year. Amounts
made available through such grants shall remain available until
expended.
(d) PROGRAM REQUIREMENTS-
(1) IMPROVEMENT PROGRAMS- A local entity that receives funds
under this section shall develop or expand programs that are
designed to improve academic and social development by
instituting a collaborative structure that trains and
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 through
regulation shall define the criteria necessary to qualify as an
eligible community as defined in subsection (l)(3).
(f) GRANT ELIGIBILITY- To be eligible to receive a grant under
this section, a local entity shall--
(1) identify an eligible community to be assisted;
(2) develop a community planning process that includes--
(A) parents and family members;
(B) local school officials;
(C) teachers employed at schools within the eligible
community;
(D) public housing resident organization members, where
applicable; and
(E) public and private nonprofit organizations that
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.
(g) APPLICATIONS-
(1) 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 reasonably require,
and obtain approval of such application.
(2) CONTENTS OF APPLICATION- Each application submitted under
paragraph (1) shall--
(A) contain a comprehensive plan for the program that is
designed to improve the academic and social development of
at-risk children in schools in the eligible community;
(B) provide evidence of support for accomplishing the
objectives of such plan from--
(i) community leaders;
(ii) a school district;
(iii) local officials; and
(iv) other organizations that the local entity
determines to be appropriate;
(C) provide an assurance that the local entity will use
grant funds received 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 program;
(E) provide an assurance that the local entity will
comply with any evaluation requested under subsection (k),
any research effort authorized under Federal law, and any
investigation by the Secretary;
(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.
(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.
(l) DEFINITIONS- For purposes of this section--
(1) the term `Secretary' means 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 section
1471(3) of the Elementary and Secondary Education Act of
1965;
(3) the term `eligible community' means an area which meets
criteria with respect to significant poverty and significant
violent crime, and such additional criteria, as the Secretary
may by regulation require; and
(4) the term `public school' means an elementary school (as
defined in section 1471(8) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2891(8))) and a secondary
school (as defined in section 1471(21) of that Act).
SEC. 30403. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There are authorized to be appropriated to carry
out this subtitle--
(1) $37,000,000 for fiscal year 1995;
(2) $103,500,000 for fiscal year 1996;
(3) $121,500,000 for fiscal year 1997;
(4) $153,000,000 for fiscal year 1998;
(5) $193,500,000 for fiscal year 1999; and
(6) $201,500,000 for fiscal year 2000.
(b) PROGRAMS- Of the amounts appropriated under subsection (a)
for any fiscal year--
(1) 70 percent shall be made available to carry out section
30401; and
(2) 30 percent shall be made available to carry out section
30402.
SUBTITLE G--ASSISTANCE FOR DELINQUENT AND AT-RISK YOUTH
SEC. 30701. GRANT AUTHORITY.
(a) GRANTS-
(1) IN GENERAL- In order to prevent the commission of crimes
or delinquent acts by juveniles, the Attorney General may make
grants to public or private nonprofit organizations to support
the development and operation of projects to provide
residential services to youth, aged 11 to 19, who--
(A) have dropped out of school;
(B) have come into contact with the juvenile justice
system; or
(C) are at risk of dropping out of school or coming into
contact with the juvenile justice system.
(2) CONSULTATION WITH THE OUNCE OF PREVENTION 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 designed
to--
(A) increase the self-esteem of such youth;
(B) assist such youth in making healthy and responsible
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
applicant, including the activities to be offered;
(B) a detailed discussion of how such program will
prevent youth from committing crimes or delinquent acts;
(C) evidence that such program--
(i) will be carried out in facilities which meet
applicable State and local laws with regard to safety;
(ii) will include academic instruction, approved by
the State, Indian tribal government, or local
educational 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
provided by the United States to Indians because of their
status as Indians.
`State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands.
SEC. 30702. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under section
30701--
(1) $5,400,000 for fiscal year 1996;
(2) $6,300,000 for fiscal year 1997;
(3) $7,200,000 for fiscal year 1998;
(4) $8,100,000 for fiscal year 1999; and
(5) $9,000,000 for fiscal year 2000.
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
department 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
departments, and
(E) developing other programs that contribute to the
community.
(c) QUALIFIED PROGRAMS- A program is a qualified program for
which a grant may be made under subsection (a) if the program is
designed to recruit and train individuals from underrepresented
neighborhoods and localities and if--
(1) the overall design of the program is to recruit and
retain applicants to a police department;
(2) the program provides recruiting services which include
tutorial programs to enable individuals to meet police force
academic requirements and to pass entrance examinations;
(3) the program provides counseling to applicants to police
departments who may encounter problems throughout the
application process; and
(4) the program provides retention services to assist in
retaining individuals to stay in the application process of a
police department.
(d) APPLICATIONS- To qualify for a grant under subsection (a), a
qualified organization shall submit an application to the Attorney
General in such form as the Attorney General may 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- (1) For each year of a grant period for a
grant under subsection (a), the recipient of the grant shall file a
performance report with the Attorney General explaining the
activities carried out with the funds received and assessing the
effectiveness of such activities in meeting the purpose of the
recipient's qualified program.
(2) If there was more than one recipient of a grant, each
recipient shall file such report.
(3) The Attorney General shall suspend the funding of a grant,
pending compliance, if the recipient of the grant does not file the
report required by this subsection or uses the grant for a purpose
not authorized by this section.
(i) GUIDELINES- The Attorney General shall, by regulation,
prescribe guidelines on content and results for programs receiving
a grant under subsection (a). Such guidelines shall be designed to
establish programs which will be effective in training individuals
to enter instructional programs for police departments and shall
include requirements for--
(1) individuals providing recruiting services;
(2) individuals providing tutorials and other academic
assistance programs;
(3) individuals providing retention services; and
(4) the content and duration of recruitment, retention, and
counseling programs and the means and devices used to 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) $5,000,000 for fiscal year 1998;
(4) $6,000,000 for fiscal year 1999; and
(5) $7,000,000 for fiscal year 2000.
SUBTITLE J--LOCAL PARTNERSHIP ACT
SEC. 31001. ESTABLISHMENT OF PAYMENT PROGRAM.
(a) ESTABLISHMENT OF PROGRAM- Title 31, United States Code, is
amended by inserting after chapter 65 the following new chapter:
[BOLD->] [<-BOLD] [BOLD->] `CHAPTER 67--FEDERAL PAYMENTS [<-BOLD]
`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.
`Sec. 6701. Payments to local governments
`(a) PAYMENT AND USE-
`(1) PAYMENT- The Secretary shall pay to each unit of general
local government which qualifies for a payment under this
chapter an amount equal to the sum of any amounts allocated to
the government under this chapter for each 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.
`(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 a grant is received. Grants under this chapter in a given
fiscal year shall be reduced on a dollar for dollar basis to
the extent that a unit of local government reduces its base
level account in that fiscal year.
`Sec. 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) $270,000,000 for fiscal year 1996;
`(2) $283,500,000 for fiscal year 1997;
`(3) $355,500,000 for fiscal year 1998;
`(4) $355,500,000 for fiscal year 1999; and
`(5) $355,500,000 for fiscal year 2000.
Such sums are to remain available until expended.
`(c) ADMINISTRATIVE COSTS- Up to 2.5 percent of the amount
authorized to be appropriated under subsection (b) is authorized to
be appropriated for the period fiscal year 1995 through fiscal year
2000 to be available for administrative costs by the Secretary in
furtherance of the purposes of the program. Such sums are to remain
available until expended.
`Sec. 6703. Qualification for payment
`(a) IN GENERAL- The Secretary shall issue regulations
establishing procedures under which eligible units of general local
government are required to provide notice to the Secretary of the
units' proposed use of assistance under this chapter. Subject to
subsection (c), the assistance provided shall be used, in amounts
determined by the unit, for activities under, or for activities
that are substantially similar to an activity under, 1 or more of
the following programs and the notice shall identify 1 or more of
the following programs for each such use:
`(1) The Drug Abuse Resistance Education Program under
section 5122 of the Elementary and Secondary Education Act of
1965.
`(2) The National Youth Sports Program under section 682 of
the Community Services Block Grant Act (Public Law 97-35) as
amended by section 205, Public Law 103-252.
`(3) The Gang Resistance Education and Training Program under
the Act entitled `An Act making appropriations for the Treasury
Department, the United States Postal Service, the Executive
Office of the President, and certain Independent Agencies, for
the fiscal year ending September 30, 1991, and for other
purposes', approved November 5, 1990 (Public Law 101-509).
`(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 Act of 1994 (Public
Law 103-252).
`(14) The runaway and homeless youth program and the
transitional living program for homeless youth under title III
of the Juvenile Justice and Delinquency Prevention Act (Public
Law 102-586).
`(15) The family support program under subtitle F of title
VII of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 1148 et seq.).
`(16) After-school activities for school aged children under
the Child Care and Development Block Grant Act (42 U.S.C. 9858
et seq.).
`(17) The community-based family resource programs under
section 401 of the Human Services Reauthorization Act of 1994
(Public Law 103-252).
`(18) The family violence programs under the Child Abuse
Prevention and Treatment Act Amendments of 1984.
`(19) Job training programs administered by the Department of
Agriculture, the Department of Defense, or the Department of
Housing and Urban Development.
`(b) NOTICE TO AGENCY- Upon receipt of notice under subsection
(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 general
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;
`(2) the government will use amounts in the trust fund
(including interest) during a reasonable period;
`(3) the government will expend the payments so received, in
accordance with the laws and procedures that are applicable to
the expenditure of revenues of the government;
`(4) if at least 25 percent of the pay of individuals
employed by the government in a public employee occupation is
paid out of the trust fund, individuals in the occupation any
part of whose pay is paid out of the trust fund will receive
pay at least equal to the prevailing rate of pay for
individuals employed in similar public employee occupations by
the government;
`(5) all laborers and mechanics employed by contractors or
subcontractors in the performance of any contract and
subcontract for the repair, renovation, alteration, or
construction, including painting and decorating, of any
building or work that is financed in whole or in part by a
grant under this title, shall be paid wages not less than those
determined by the Secretary of Labor in accordance with the Act
of March 3, 1931 (commonly known as the Davis-Bacon Act); as
amended (40 U.S.C. 276a-276a-5). The Secretary of Labor shall
have the authority and functions set forth in Reorganization
Plan No. 14 of 1950 (15 FR 3176; 64 Stat. 1267) and section 2
of the Act of June 1, 1934 (commonly known as the Copeland
Anti-Kickback Act), as amended (40 U.S.C. 276c, 48 Stat. 948);
`(6) the government will use accounting, audit, and fiscal
procedures that conform to guidelines which shall be prescribed
by the Secretary after consultation with the Comptroller
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 this 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
purposes 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),
the Secretary shall notify the government. The notice shall
state that if the government does not take corrective action by
the 60th day after the date the government receives the notice,
the Secretary will withhold additional payments to the
government for the current payment period and later payment
periods until the Secretary is satisfied that the government--
`(A) has taken the appropriate corrective action; and
`(B) will comply with subsection (d) and regulations
prescribed under subsection (d).
`(2) NOTICE- Before giving notice under paragraph (1), the
Secretary shall give the chief executive officer of the unit of
general local government reasonable notice and an 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).
`Sec. 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
6706.
`(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
paragraph (2)), multiplied by the relative income factor of
the State (determined under paragraph (3)), multiplied by
the relative rate of the labor force unemployed in the
State (determined under paragraph (4)); bears to
`(B) the sum of the products determined under
subparagraph (A) of this paragraph for all States.
`(2) GENERAL TAX EFFORT FACTOR- The general tax effort factor
of a State for a payment period is--
`(A) the net amount of State and local taxes of the State
collected during the year 1991 as reported by the Bureau of
the Census in the publication Government Finances
1990-1991; divided by
`(B) the total income of individuals, as determined by
the Secretary of Commerce for national accounts purposes
for 1992 as reported in the publication Survey of Current
Business (August 1993), attributed to the State for the
same year.
`(3) RELATIVE INCOME FACTOR- The relative income factor of a
State is a fraction in which--
`(A) the numerator is the per capita income of the United
States; and
`(B) the denominator is the per capita income of the State.
`(4) RELATIVE RATE OF LABOR FORCE- The relative rate of the
labor force unemployed in a State is a fraction in which--
`(A) the numerator is the percentage of the labor force
of the State that is unemployed in the calendar year
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;
`(5) $600,000,000 were allocated among the States on the
basis of unemployment by allocating to each State an amount
bearing the same ratio to the total amount to be allocated
under this paragraph as--
`(A) the labor force of the State, multiplied by a
fraction in which--
`(i) the numerator is the percentage of the labor
force of the State that is unemployed in the calendar
year preceding the payment period (as determined by the
Secretary of Labor for general statistical purposes); and
`(ii) the denominator is the percentage of the labor
force of the United States that is unemployed in the
calendar year preceding the payment period (as
determined by the Secretary of Labor for general
statistical purposes)
bears to
`(B) the sum of the products determined under
subparagraph (A) for all States; and
`(6) $1,166,666,667 were allocated among the States on the
basis of urbanized population by 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 Bureau of
Census in the publication Government Finances 1990-1991; and
`(B) the general tax effort factor of the State
determined 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
recent population for each territory as determined by the
Bureau of Census.
`Sec. 6705. Local government allocations
`(a) INDIAN TRIBES AND ALASKAN NATIVES VILLAGES- If there is in a
State an Indian tribe or Alaskan native village having a recognized
governing body carrying out substantial governmental duties and
powers, the Secretary shall allocate to the tribe or village, out
of the amount allocated to the State under section 6704, an amount
bearing the same ratio to the amount allocated to the State as the
population of the tribe or village bears to the population of the
State. The Secretary shall allocate amounts under this subsection
to Indian tribes and Alaskan native villages in a State before
allocating amounts to units of general local 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 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
paragraph (3)), multiplied by the income gap of the unit
(determined under paragraph (4)), bears to
`(B) the sum of the products determined under
subparagraph (A) for all units in the State for which the
income gap for that portion under paragraph (4) is greater
than zero.
`(3) GENERAL TAX EFFORT FACTOR- (A) Except as provided in
subparagraph (C), the general tax effort factor of a unit of
general local government for a payment period is--
`(i) the adjusted taxes of the unit; divided by
`(ii) the total income attributed to the unit.
`(B) If the amount determined under subparagraphs (A) (i) 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:
`(I) Adjusted taxes equals total taxes times a fraction
in which the numerator is the sum of unrestricted revenues
and revenues dedicated for spending on education minus
total education spending and the denominator is total
unrestricted revenues.
`(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 licenses, 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 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--
`(I) the county government transfers any part of the
revenue from the taxes to the unit of general local
government without specifying the purpose for which the
unit of general local government may expend the revenue; and
`(II) the chief executive officer of the State 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
`(II) the amount equal to the population of the unit,
multiplied by the sum of the adjusted taxes of all units of
municipal local government in the State, divided by the sum
of the populations of all the units of municipal local
government in the State.
`(vi) The excess adjusted taxes of a unit of general local
government is the amount equal to--
`(I) the adjusted taxes of the unit, minus
`(II) 1.5 multiplied by the allowable adjusted taxes of
the unit;
except that if this amount is less than zero then the excess
adjusted taxes of the unit is deemed to be zero.
`(vii) For purposes of this subparagraph--
`(I) the term `per capita adjusted taxes of all units of
general local government of the same type' means the sum of
the adjusted taxes of all units of general local government
of the same type divided by the sum of the populations of
all units of general local government of the same type; and
`(II) the term `units of general local 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 the State in which
the unit is located; minus
`(ii) the per capita income of the geographic area of the
unit.
`(B) If the amount determined under subparagraph (A) for a
unit of general local government is less than zero, then the
relative income factor of the unit is deemed to be zero.
`(d) SMALL GOVERNMENT ALLOCATIONS- 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.
`Sec. 6706. Income gap multiplier
`For purposes of determining the income gap of a unit of general
local government under section 6705(b)(4)(A), the number which
applies is--
`(1) 1.6, with respect to 1/2 of any amount 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.
`Sec. 6707. State variation of local government allocations
`(a) STATE FORMULA- A State government may provide by law for the
allocation of amounts among units of general local government in
the State on the basis of population multiplied by the general tax
effort factors or income gaps of the units of general local
government determined under sections 6705 (a) and (b) or a
combination of those factors. A State government providing for a
variation of an allocation formula provided under sections 6705 (a)
and (b) shall notify the Secretary of the variation by the 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.
`Sec. 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 is
waived by the governing authority of the unit of general local
government, the Secretary shall pay the amount to the Governor of
the State in which the unit is located.
`(c) USE OF PAYMENTS TO STATES- The Governor of a State shall use
all amounts paid to the Governor under subsections (a) and (b) for
programs described in section 6701(a)(2) in areas of the State
where are located the units of general local government with
respect to which amounts are paid under subsection (b).
`(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 village, the amount--
`(A) shall not be paid to the tribe or village (except
under paragraph (2)); and
`(B) shall be aggregated with other such amounts and
available for use by the Attorney General under paragraph
(2).
`(2) USE OF AGGREGATED AMOUNTS- Amounts aggregated under
paragraph (1) for a payment period shall be available for use
by the Attorney General to make grants in the payment period on
a competitive basis to Indian Tribes and Alaskan native village
for--
`(A) programs described in section 6701(a)(2); or
`(B) renovating or building prisons or other correctional
facilities.
`Sec. 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-25, No. 1045 (July
1992) and for the population of units of general local government
the Secretary shall use the population for 1990 as reported by the
Bureau of the Census in the publication Summary Social, Economic,
and Housing Characteristics.
`(b) DATA FOR PAYMENT PERIODS BEGINNING AFTER SEPTEMBER 30, 1995-
For any 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.
`Sec. 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)(1) is held, a unit of general local
government shall--
`(A) make available for inspection by the public at the
principal office of the government a statement of the
proposed use of the payment and a summary of the proposed
budget of the government; and
`(B) publish in at least one newspaper of 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)(1) may be waived if the budget
process required under the applicable State or local law or
charter provisions--
`(A) ensures the opportunity for public attendance and
participation contemplated by subsection (a); and
`(B) includes a hearing on the proposed use of a 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) may be
waived if the cost of publishing the information would be
unreasonably burdensome in relation to the amount allocated to
the government from amounts available for payment under this
chapter, or if publication is otherwise impracticable.
`(d) EXCEPTION TO 10-DAY LIMITATION- If the Secretary is
satisfied that a unit of general local government will provide
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.
`Sec. 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).
`(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.
`Sec. 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-
`(1) 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 beginning 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.
`Sec. 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 local government
of payments suspended by the Secretary only--
`(1) as of the time of, and under the conditions stated in--
`(A) the approval by the Secretary of a compliance
agreement under section 6714(a)(1); or
`(B) a compliance agreement entered into by the Secretary
under section 6714(a)(2);
`(2) if the government complies completely with an order of a
United States court, a State court, or 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.
`Sec. 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.
`Sec. 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 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.
`Sec. 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 pending
the outcome of the action; and
`(2) to enforce compliance with section 6711 (a) or (b), may
allow a prevailing party (except the United States Government)
a reasonable attorney's fee.
`(d) INTERVENTION BY ATTORNEY GENERAL- In an action under this
section to enforce compliance with section 6711 (a) or (b), the
Attorney General may intervene in the action if the Attorney
General certifies that the action is of general public importance.
The United States 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.
`Sec. 6717. Judicial review
`(a) APPEALS IN FEDERAL COURT OF APPEALS- A unit of general local
government which receives notice from the Secretary about
withholding payments under section 6703(f), suspending payments
under section 6713(a)(1)(B), or terminating payments under section
6712(d)(2)(A), may apply for review of the action of the Secretary
by filing a petition for review with the court of appeals of the
United States for the circuit in which the government is located.
The petition shall be filed by the 60th day after the date the
notice is received. The clerk of the court shall immediately send a
copy of the petition to the Secretary.
`(b) FILING OF RECORD OF ADMINISTRATIVE PROCEEDING- The Secretary
shall file with the court a record of the proceeding on which the
Secretary based the action. The court may consider only objections
to the action of the Secretary that were presented before the
Secretary.
`(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.
`Sec. 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 paragraph
(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.
`Sec. 6719. Reports
`(a) REPORTS BY SECRETARY TO CONGRESS- Before June 2 of each year
prior to 2002, the Secretary personally shall report to the
Congress on--
`(1) the status and operation of the Local Government Fiscal
Assistance Fund during the prior fiscal year; and
`(2) the administration of this chapter, including a complete
and detailed analysis of--
`(A) actions 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-
`(1) IN GENERAL- At the end of each fiscal year, each unit of
general local government which received a payment under this
chapter for the fiscal year shall submit a report to the
Secretary. The report shall be submitted in the form and at a
time prescribed by the Secretary and shall be available to the
public for inspection. The report 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.
`Sec. 6720. Definitions, application, and administration
`(a) DEFINITIONS- In this chapter--
`(1) `unit of general local government' means--
`(A) a county, township, city, or political subdivision
of a county, township, or city, that is a unit of general
local government as determined by the Secretary of 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 1-year period beginning on
October 1 of the years 1994 through 2000;
`(3) `State and local taxes' means taxes imposed by a State
government or unit of general local government or other
political 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
described in section 6711(b); and
`(9) `Secretary' means the Secretary of Housing and Urban
Development.
`(b) DELEGATION OF ADMINISTRATION- The Secretary may enter into
agreements with other executive branch departments and agencies to
delegate to that department or agency all or part of the
Secretary's responsibility for administering this chapter.
`(c) TREATMENT OF SUBSUMED AREAS- If the entire geographic area
of a unit of general local government is located in a larger
entity, the unit of general local government is deemed to be
located in the larger entity. If only part of the geographic area
of a unit is located in a larger entity, each part is deemed to be
located in the larger entity 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 the part to the population of the
entire unit of general local government.
`(d) BOUNDARY AND OTHER CHANGES- If a boundary line change, a
State statutory or constitutional change, annexation, a
governmental reorganization, or other circumstance results in the
application of sections 6704 through 6708 in a way that does not
carry out the purposes of sections 6701 through 6708, the Secretary
shall apply sections 6701 through 6708 under regulations of the
Secretary in a way that is consistent with those purposes.'.
(b) ISSUANCE OF REGULATIONS- Within 90 days of the date 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:
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'.
[BOLD->] CHAPTER 1--COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT
FUNDS [<-BOLD]
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 intended to provide business and employment
opportunities for low-income, unemployed, or underemployed
individuals and to improve the quality of life in urban and rural
areas.
(b) REVOLVING LOAN FUNDS-
(1) COMPETITIVE ASSESSMENT OF APPLICATIONS- In 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--
(1) 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--
(i) incomes that do not exceed the Federal poverty
line; or
(ii) incomes that do not exceed 80 percent of the
median income of the area;
(B) individuals who are unemployed or underemployed;
(C) individuals who are participating or have
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; or
(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), if a
recipient of a line of credit under this chapter has made full
and productive use of such line of credit, can demonstrate the
need and demand for additional assistance, and can meet the
requirements of section 31112(b)(2), the amount of such line of
credit may be increased by not more than $1,500,000.
(c) AMOUNTS DRAWN FROM LINE OF CREDIT- Amounts drawn from each
line of credit under this chapter shall be used solely for the
purposes described in section 31111 and shall only be drawn down as
needed to provide loans, investments, or to defray administrative
costs related to the establishment of a revolving loan fund.
(d) USE OF REVOLVING LOAN FUNDS- Revolving loan funds established
with lines of credit provided under this chapter may be used to
provide technical assistance to private business 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.
(b) TECHNICAL ASSISTANCE AND ADMINISTRATION- Not to exceed 10
percent of the amounts available from a line of credit under this
chapter shall be used for the provision of training or technical
assistance and for the planning, development, and management of
economic development projects. Community 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 low-income communities, single mothers, veterans,
and refugees; or that expand employee ownership of private
enterprises and small businesses, and to programs providing loans
of not more than $35,000 to very small business enterprises.
(b) RESERVATION OF FUNDS- Not less than 5 percent of the amounts
made available under section 31112(a)(2)(A) may be reserved to
carry out the activities described in subsection (a).
[BOLD->] CHAPTER 2--EMERGING COMMUNITY DEVELOPMENT CORPORATIONS
[<-BOLD]
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-
(1) 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 (1)
may use amounts received under such grant--
(A) to acquire training and technical assistance from
agencies or institutions that have extensive experience in
the development and management of low-income community
economic development projects; or
(B) to acquire such assistance from other highly
successful community development corporations.
(c) OPERATING GRANTS-
(1) 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 (1)
may use amounts received under such grant--
(A) to conduct evaluations of the feasibility of
potential low-income community economic development
projects that address identified needs in the low-income
community and that conform to those projects and activities
permitted under subtitle A;
(B) to develop a business plan related to such a
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.
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 under paragraph (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.
(e) AMOUNTS AVAILABLE- Amounts provided under this section to a
community development corporation shall not exceed $500,000 per year.
[BOLD->] CHAPTER 3--MISCELLANEOUS PROVISIONS [<-BOLD]
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.
SEC. 31132. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There are authorized to be appropriated to carry
out chapters 1 and 2--
(1) $45,000,000 for fiscal year 1996;
(2) $72,000,000 for fiscal year 1997;
(3) $76,500,000 for fiscal year 1998; and
(4) $76,500,000 for fiscal year 1999.
(b) EARMARKS- Of the aggregate amount appropriated under
subsection (a) for each fiscal year--
(1) 60 percent shall be available to carry out chapter 1; and
(2) 40 percent shall be available to carry out chapter 2.
(c) AMOUNTS- Amounts appropriated under subsection (a) shall
remain available for expenditure without fiscal year limitation.
SEC. 31133. PROHIBITION.
None of the funds authorized under this subtitle shall be used to
finance the construction of housing.
SUBTITLE O--URBAN RECREATION AND AT-RISK YOUTH
SEC. 31501. PURPOSE OF ASSISTANCE.
Section 1003 of the Urban Park and Recreation Recovery Act of
1978 is amended 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 help deter crime through the expansion of recreation
opportunities for at-risk youth. It is the further purpose of this
section to increase the security of urban parks and to promote
collaboration between local agencies involved in parks and
recreation, law enforcement, youth social services, and juvenile
justice system.'.
SEC. 31502. 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 (j) as
(e) through (k), respectively:
`(d) `at-risk youth recreation grants' means--
`(1) rehabilitation grants,
`(2) innovation grants, or
`(3) matching grants for continuing program support for
programs of demonstrated value or success in providing
constructive alternatives to youth at risk for engaging in
criminal behavior, including grants for operating, or
coordinating recreation programs and services;
in neighborhoods and communities with a high prevalence of crime,
particularly violent crime or crime committed by youthful
offenders; in addition to the purposes specified in subsection (b),
rehabilitation grants referred to in paragraph (1) of this
subsection may be used for the provision of lighting, emergency
phones or other capital improvements which will improve the
security of urban parks;'.
SEC. 31503. CRITERIA FOR SELECTION.
Section 1005 of the Urban Park and Recreation Recovery Act of
1978 is amended by striking `and' at the end of paragraph (6), by
striking the period at the end of paragraph (7) and inserting `;
and' and by adding the following at the end:
`(8) in the case of at-risk youth recreation grants, the
Secretary shall give a priority to each of the following
criteria:
`(A) Programs which are targeted to youth who are at the
greatest risk of becoming involved in violence and crime.
`(B) Programs which teach important values and life
skills, including teamwork, respect, leadership, and
self-esteem.
`(C) Programs which offer tutoring, remedial education,
mentoring, and counseling in addition to recreation
opportunities.
`(D) Programs which offer services during late night or
other nonschool hours.
`(E) Programs which demonstrate collaboration between
local park and recreation, juvenile justice, law
enforcement, and youth social service agencies and
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. PARK AND RECREATION ACTION RECOVERY PROGRAMS.
Section 1007(b) of the Urban Park and Recreation Recovery Act of
1978 is amended by adding the following at the end: `In order to be
eligible to receive `at-risk youth recreation grants' a local
government shall amend its 5-year action program to incorporate the
goal of reducing crime and juvenile delinquency and to provide a
description of the implementation strategies to achieve this goal.
The plan shall also address how the local government is
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--
(1) $2,700,000 for fiscal year 1996;
(2) $450,000 for fiscal year 1997;
(3) $450,000 for fiscal year 1998;
(4) $450,000 for fiscal year 1999; and
(5) $450,000 for fiscal year 2000.
SUBTITLE Q--COMMUNITY-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 programs.
(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--
(1) 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 of, and
increase the successful identification and speed of prosecution
of, young violent offenders;
(2) to fund programs in which prosecutors focus on the
offender, not simply the specific offense, and impose
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
resources with educational, social service, and community
resources to develop and deliver violence prevention programs,
including mediation and other conflict resolution methods,
treatment, counseling, educational, and recreational programs
that create alternatives to criminal activity; and
(4) in rural States (as defined in section 1501(b) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796bb(B)), to fund cooperative efforts between State
and local prosecutors, victim advocacy and assistance groups,
social and community service providers, and law enforcement
agencies to investigate and prosecute child abuse cases, treat
youthful victims of child abuse, and work in cooperation with
the community to develop education and prevention strategies
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--
(1) a request for funds for the purposes described in section
31702;
(2) a description of the communities to be served by the
grant, including the nature of the youth crime, youth violence,
and child abuse problems within such communities;
(3) assurances that Federal funds received under this part
shall be used to supplement, not supplant, non-Federal funds
that would otherwise be available for activities funded under
this section; and
(4) statistical information in such form and containing such
information that the Attorney General may require.
(c) COMPREHENSIVE PLAN- Each applicant shall include a
comprehensive plan that shall contain--
(1) a description of the youth violence or child abuse crime
problem;
(2) an action plan outlining how the applicant will achieve
the purposes as described in section 31702;
(3) a description of the resources available in the community
to implement the plan together with a description of the gaps
in the plan that cannot be filled with existing resources; and
(4) a description of how the requested grant will be used to
fill gaps.
SEC. 31704. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.
(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 renewed for
up to 2 additional years after the first fiscal year during which
the recipient receives its initial grant under this part, subject
to the availability of funds, if--
(1) the Attorney General determines that the funds made
available to the recipient during the previous years were used
in a manner required under the approved application; and
(2) the Attorney General determines that an additional grant
is necessary to implement the community prosecution program
described in the comprehensive plan required by 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 provide
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 prosecutors that
receive funds under this subtitle shall submit to the Attorney
General a report not later than March 1 of each year that describes
progress achieved in carrying out the plan described under section
31703(c).
(b) REPORT TO CONGRESS- The Attorney General shall submit to the
Congress a report by October 1 of each year in which grants are
made available under this subtitle which shall contain a detailed
statement regarding grant awards, activities of grant recipients, a
compilation of statistical information submitted by applicants, and
an evaluation of programs established under this subtitle.
SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(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
provided by the United States to Indians because of their
status as Indians.
`State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, and the United States
Virgin Islands.
`young violent offenders' means individuals, ages 7 through
22, who have committed crimes of violence, weapons offenses,
drug distribution, hate crimes and civil rights violations, and
offenses against personal property of another.
SUBTITLE S--FAMILY UNITY DEMONSTRATION PROJECT
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--
(1) alleviate the harm to children and primary caretaker
parents caused by separation due to the incarceration of the
parents;
(2) reduce recidivism rates of prisoners by encouraging
strong and supportive family relationships; and
(3) explore the cost effectiveness of community correctional
facilities.
SEC. 31903. 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
regarding--
(I) child development; and
(II) household management;
(iv) alcoholism and drug addiction treatment for
prisoners; and
(v) programs and support services to help inmates--
(I) to improve and maintain mental and 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--
(i) knowingly resulted in death or serious bodily
injury;
(ii) is a felony for a crime of violence against a
person; or
(iii) constitutes child neglect or mental, physical,
or sexual abuse of a child.
`primary caretaker parent' means--
(A) a parent who has consistently 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--
(1) $3,600,000 for fiscal year 1996;
(2) $3,600,000 for fiscal year 1997;
(3) $3,600,000 for fiscal year 1998;
(4) $3,600,000 for fiscal year 1999; and
(5) $5,400,000 for fiscal year 2000.
(b) AVAILABILITY OF APPROPRIATIONS- Of the amount appropriated
under subsection (a) for any fiscal year--
(1) 90 percent shall be available to carry out chapter 1; and
(2) 10 percent shall be available to carry out chapter 2.
[BOLD->] CHAPTER 1--GRANTS TO STATES [<-BOLD]
SEC. 31911. AUTHORITY TO MAKE GRANTS.
(a) GENERAL AUTHORITY- The Attorney General may make grants, on a
competitive basis, to States to carry out in accordance with this
subtitle family unity demonstration projects that enable eligible
offenders to live in community correctional facilities with their
children.
(b) PREFERENCES- For the purpose of making grants under
subsection (a), the Attorney General shall give preference to a
State that includes in the application required by section 31912
assurances that if the State receives a grant--
(1) both the State corrections agency and the State health
and human services agency will participate substantially in,
and cooperate closely in all aspects of, the development and
operation of the family unity demonstration project for which
such a grant is requested;
(2) boards made up of community members, including residents,
local businesses, corrections officials, former prisoners,
child development professionals, educators, and maternal and
child health professionals will be established to advise the
State regarding the operation of such project;
(3) the State has in effect a policy that provides for the
placement of all prisoners, whenever possible, in correctional
facilities for which they qualify that are located closest to
their respective family homes;
(4) unless the Attorney General determines that a longer
timeline is appropriate in a particular case, the State will
implement the project not later than 180 days after receiving a
grant under subsection (a) and will expend all of the grant
during a 1-year period;
(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--
(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.
[BOLD->] CHAPTER 2--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL
PRISONERS [<-BOLD]
SEC. 31921. AUTHORITY OF THE ATTORNEY GENERAL.
(a) IN GENERAL- With the funds available to carry out this
subtitle for the benefit of Federal prisoners, the Attorney
General, acting through the Director of the Bureau of Prisons,
shall select eligible prisoners to live in community correctional
facilities with their children.
(b) GENERAL CONTRACTING AUTHORITY- In implementing this title,
the Attorney 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
defined in chapter 1. For such participants, the Attorney General
shall, with funds available under section 31904(b)(2), reimburse
the State for all project costs related to the Federal
participant's placement, including administrative costs.
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--
(1) in the last sentence of subsection (b), by striking `, to
the extent practicable,'; and
(2) by adding at the end the following new subsection:
`(e) Substance Abuse Treatment-
`(1) PHASE-IN- In order to carry out the requirement of the
last sentence of subsection (b) of this section, that every
prisoner with a substance abuse problem have the opportunity to
participate in appropriate substance abuse treatment, the
Bureau of Prisons shall, subject to the availability of
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 (1) of this subsection,
shall remain in the custody of the Bureau under such
conditions as the Bureau deems appropriate. If the
conditions of confinement are different from those the
prisoner would have experienced absent the successful
completion of the treatment, the Bureau shall periodically
test the prisoner for substance abuse and discontinue such
conditions on determining that substance abuse has recurred.
`(B) PERIOD OF CUSTODY- The period a prisoner 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 APPROPRIATIONS- There are authorized to
be appropriated to carry out this subsection--
`(A) $13,500,000 for fiscal year 1996;
`(B) $18,900,000 for fiscal year 1997;
`(C) $25,200,000 for fiscal year 1998;
`(D) $27,000,000 for fiscal year 1999; and
`(E) $27,900,000 for fiscal year 2000.
`(5) DEFINITIONS- As used in this subsection--
`(A) the term `residential substance abuse treatment'
means a course of individual and group activities, lasting
between 6 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 problem; and
`(ii) willing to participate in a residential
substance 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:
[BOLD->] `PART S--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE
PRISONERS [<-BOLD]
`SEC. 1901. GRANT AUTHORIZATION.
`(a) The Attorney General may make grants under this part to
States, for use by States and units of local government for the
purpose of developing and implementing residential substance abuse
treatment programs within State correctional facilities, as well as
within local correctional and detention facilities in which inmates
are incarcerated for a period of time sufficient to permit
substance abuse treatment.
`(b) CONSULTATION- The Attorney General shall consult with the
Secretary of Health and Human Services to ensure that projects of
substance abuse treatment and related services for State prisoners
incorporate applicable components of existing comprehensive
approaches including relapse prevention and aftercare 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 Health and Human Services' Substance Abuse and Mental
Health Services Administration.
`(e) STATE OFFICE- The Office designated under section 507--
`(1) shall prepare the application as required under this
section; and
`(2) shall administer grant funds received under this part,
including review of spending, processing, progress, financial
reporting, technical assistance, grant adjustments, accounting,
auditing, and fund disbursement.
`SEC. 1903. REVIEW OF STATE APPLICATIONS.
`(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--
`(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 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
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 State prison population 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 1 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
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 20201(b), is amended by inserting
after the matter relating to part R the following new part:
`PART S--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS
`Sec. 1901. Grant authorization.
`Sec. 1902. State applications.
`Sec. 1903. Review of State applications.
`Sec. 1904. Allocation and distribution of funds.
`Sec. 1905. Evaluation.
`PART T--TRANSITION-EFFECTIVE DATE-REPEALER
`Sec. 2001. Confirmation of rules, authorities, and proceedings.'.
(c) DEFINITIONS- Section 901(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3791(a)), as amended by section
20201(c), is amended--
(1) by striking `and' at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and
inserting `; 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 group 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 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3793), as amended by section 20201(d), is amended--
(1) in paragraph (3) by striking `and R' and inserting `R, or
S'; and
(2) by adding at the end the following new paragraph:
`(17) There are authorized to be appropriated to carry out the
projects under part S--
`(A) $27,000,000 for fiscal year 1996;
`(B) $36,000,000 for fiscal year 1997;
`(C) $63,000,000 for fiscal year 1998;
`(D) $72,000,000 for fiscal year 1999; and
`(E) $72,000,000 for fiscal year 2000.'.
SUBTITLE V--PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBERCULOSIS IN
CORRECTIONAL INSTITUTIONS
SEC. 32201. PREVENTION, DIAGNOSIS, AND TREATMENT OF TUBERCULOSIS IN
CORRECTIONAL INSTITUTIONS.
(a) GUIDELINES- The Attorney General, in consultation with the
Secretary of Health and Human Services and the Director of the
National Institute of Corrections, shall develop and disseminate to
appropriate entities, including State, Indian tribal, and local
correctional institutions and the Immigration and Naturalization
Service, guidelines for the prevention, diagnosis, treatment, and
followup care of tuberculosis among inmates of correctional
institutions and persons held in holding facilities operated by or
under contract with the Immigration and Naturalization Service.
(b) COMPLIANCE- The Attorney General shall ensure that prisons in
the Federal prison system and holding facilities operated by or
under contract with the Immigration and Naturalization Service
comply with the guidelines described in subsection (a).
(c) GRANTS-
(1) IN GENERAL- The Attorney General shall make grants to
State, Indian tribal, and local correction authorities and
public health authorities to assist in establishing and
operating programs for the prevention, diagnosis, treatment,
and followup care of tuberculosis among inmates of correctional
institutions.
(2) FEDERAL SHARE- The Federal share of funding of a program
funded with a grant under paragraph (1) shall not exceed 50
percent.
(3) AUTHORIZATION OF APPROPRIATIONS- There are 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.
`State' means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, and the United States
Virgin Islands.
SUBTITLE X--GANG RESISTANCE EDUCATION AND TRAINING
SEC. 32401. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS.
(a) ESTABLISHMENT OF PROJECTS-
(1) 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) $9,000,000 for fiscal year 1995;
(2) $7,200,000 for fiscal year 1996;
(3) $7,200,000 for fiscal year 1997;
(4) $7,200,000 for fiscal year 1998;
(5) $7,200,000 for fiscal year 1999; and
(6) $7,720,000 for fiscal year 2000.
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. 40101. SHORT TITLE.
This subtitle may be cited as the `Safe Streets for Women Act of
1994'.
[BOLD->] CHAPTER 1--FEDERAL PENALTIES FOR SEX CRIMES [<-BOLD]
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:
`Sec. 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:
(1) 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.
(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 RESTITUTION FOR SEX CRIMES.
(a) SEXUAL ABUSE-
(1) IN GENERAL- Chapter 109A of title 18, United States Code,
is amended by adding at the end the following new section:
`Sec. 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
obtaining a civil protection order; 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--
`(I) the financial resources and other assets of the
defendant;
`(II) projected earnings, earning capacity, and other
income of the defendant; and
`(III) any financial obligations of the defendant,
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 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. 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
109A of title 18, United States Code, is amended by adding at
the end the following new item:
`2248. Mandatory restitution.'.
(b) SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN-
(1) IN GENERAL- Chapter 110 of title 18, United States Code,
is amended by adding at the end the following new section:
`Sec. 2259. 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 may also
be enforced by a victim named in the order to receive the
restitution in the same manner as a judgment in a civil action.
`(3) DEFINITION- For purposes of this subsection, the term
`full amount of the victim's losses' includes any costs
incurred by the victim for--
`(A) medical services relating to physical, psychiatric,
or psychological care;
`(B) physical and occupational therapy or 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--
`(I) the financial resources and other assets of the
defendant;
`(II) projected earnings, earning capacity, and other
income of the defendant; and
`(III) any financial obligations of the defendant,
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 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. 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.'.
SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.
There are authorized to be appropriated for the United States
Attorneys for the purpose of appointing Victim/Witness Counselors
for the prosecution of sex crimes and domestic violence crimes
where applicable (such as the District of Columbia)--
(1) $500,000 for fiscal year 1996;
(2) $500,000 for fiscal year 1997; and
(3) $500,000 for fiscal year 1998.
[BOLD->] CHAPTER 2--LAW ENFORCEMENT AND PROSECUTION GRANTS TO
REDUCE VIOLENT CRIMES AGAINST WOMEN [<-BOLD]
SEC. 40121. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN.
(a) IN GENERAL- Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
32101(a), is amended--
(1) by redesignating part T as part U;
(2) by redesignating section 2001 as section 2101; and
(3) by inserting after part S the following new part:
`PART T--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
`SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS.
`(a) GENERAL PROGRAM PURPOSE- The purpose of this part is to
assist States, Indian tribal governments, and units of local
government to develop and strengthen effective law enforcement and
prosecution strategies to combat violent crimes against women, and
to develop and strengthen victim services in cases involving
violent crimes against women.
`(b) PURPOSES FOR WHICH GRANTS MAY BE USED- Grants under this
part shall provide personnel, training, technical 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, nonprofit
nongovernmental victim services programs, and Indian tribal
governments for the purposes described in section 2001(b).
`(b) AMOUNTS- Of the amounts appropriated for the purposes of
this part--
`(1) 4 percent shall be available for grants to Indian tribal
governments;
`(2) $500,000 shall be available for grants to applicants in
each State; and
`(3) the remaining funds shall be available for grants to
applicants in each State in an amount that bears the same ratio
to the amount of remaining funds as the population of the State
bears to the population of all of the States that results from
a distribution among the States on the basis of each State's
population in relation to the population of all States (not
including populations of Indian tribes).
`(c) QUALIFICATION- Upon satisfying the terms of subsection (d),
any State shall be qualified for funds provided under this part
upon certification that--
`(1) the funds shall be used for any of the purposes
described in section 2001(b);
`(2) grantees and subgrantees shall develop a plan for
implementation and shall consult and coordinate with nonprofit,
nongovernmental victim services programs, including sexual
assault and domestic violence victim services programs;
`(3) at least 25 percent of the amount granted shall be
allocated, without duplication, to each of the following 3
areas: prosecution, law enforcement, and victim services; and
`(4) any Federal funds received under this part shall be used
to supplement, not supplant, non-Federal funds that would
otherwise be available for activities funded under this subtitle.
`(d) APPLICATION REQUIREMENTS- The application 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
`(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 this
subtitle may not exceed 75 percent of the total costs of the
projects described in the application submitted.
`(g) INDIAN TRIBES- Funds appropriated by the Congress for the
activities of any agency of an Indian tribal government or of the
Bureau of Indian Affairs performing law enforcement 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
the 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
program 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
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 jurisdiction receiving grant monies;
`(2) the term `Indian country' has the meaning stated in
section 1151 of title 18, United States Code;
`(3) the term `Indian tribe' means a tribe, band, pueblo,
nation, or other organized group or community of Indians,
including any Alaska Native village or regional or village
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 assisting 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
it 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 Senate
a report that includes, for each State and for each grantee Indian
tribe--
`(1) the number of grants made and funds distributed under
this part;
`(2) a summary of the purposes for which those grants were
provided and an evaluation of their progress;
`(3) a statistical summary of persons served, detailing the
nature of victimization, and providing data on age, sex,
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.
`SEC. 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;
`(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,
including 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
government--
`(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
requirements of paragraph (1) within the later of--
`(A) the period ending on the date on which the next
session of the State legislature ends; or
`(B) 2 years.
`(b) REDISTRIBUTION- Funds withheld from a State, unit of local
government, or Indian tribal government under subsection (a) shall
be distributed to other States, units of local government, and
Indian tribal government, respectively, pro rata.'.
(b) TECHNICAL AMENDMENT- The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 32101(b), is amended by striking
the matter relating to part T and inserting the following:
`PART T--GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN
`Sec. 2001. Purpose of the program and grants.
`Sec. 2002. State grants.
`Sec. 2003. General definitions.
`Sec. 2004. General terms and conditions.
`Sec. 2005. Rape exam payments.
`Sec. 2006. Filing costs for criminal charges.
`PART U--TRANSITION--EFFECTIVE DATE--REPEALER
`Sec. 2101. Continuation of rules, authorities, and proceedings.'.
(c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3793), as amended by section 32101(d), is amended--
(1) in paragraph (3) by striking `and S' and inserting `S,
and T'; and
(2) by adding at the end the following new paragraph:
`(18) There are authorized to be appropriated to carry out part T--
`(A) $26,000,000 for fiscal year 1995;
`(B) $130,000,000 for fiscal year 1996;
`(C) $145,000,000 for fiscal year 1997;
`(D) $160,000,000 for fiscal year 1998;
`(E) $165,000,000 for fiscal year 1999; and
`(F) $174,000,000 for fiscal year 2000.'.
[BOLD->] CHAPTER 3--SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC
PARKS [<-BOLD]
SEC. 40131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN
PUBLIC TRANSPORTATION.
(a) GENERAL PURPOSE- There is authorized to be appropriated not
to exceed $10,000,000, for the Secretary of Transportation
(referred to in this section as the `Secretary') to make capital
grants for the prevention of crime and to increase security in
existing and future public transportation systems. None of the
provisions of this Act may be construed to prohibit the financing
of projects under this section where law enforcement
responsibilities are vested in a local public body other than the
grant applicant.
(b) GRANTS FOR LIGHTING, CAMERA SURVEILLANCE, AND 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 type described in
subsection (b)(1) (A) and (B).
(c) REPORTING- All grants under this section are contingent upon
the filing of a report with the Secretary and the Department of
Justice, Office of Victims of Crime, showing crime rates in or
adjacent to public transportation before, and for a 1-year period
after, the capital improvement. Statistics shall be compiled on the
basis of the type of crime, sex, race, ethnicity, language, and
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,
requirements, and provisions applicable to grants and loans as
specified in section 5321 of title 49, United States Code.
SEC. 40132. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN
NATIONAL PARKS.
Public Law 91-383 (16 U.S.C. 1a-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- There are authorized to be
appropriated out of the Violent Crime Reduction Trust Fund, not to
exceed $10,000,000, for the Secretary of the Interior to take all
necessary actions to seek to reduce the incidence of violent crime
in the National Park System.
`(b) RECOMMENDATIONS FOR IMPROVEMENT- The Secretary shall direct
the chief official responsible for law enforcement within the
National Park Service to--
`(1) compile a list of areas within the National Park System
with the highest rates of violent crime;
`(2) make recommendations concerning capital 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 list
issued pursuant to subsection (b), the Secretary shall distribute
the funds authorized by subsection (a) throughout the National Park
System. Priority shall be given to those areas with the highest
rates of sexual assault.
`(d) USE OF FUNDS- Funds provided under this section may be used--
`(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. 460 [Italic->] l [<-Italic] -8) is amended by adding at the
end the following new subsection:
`(h) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE CRIME-
`(1) AVAILABILITY OF FUNDS- In addition to assistance for
planning projects, and in addition to the projects identified
in subsection (e), and from amounts appropriated out of the
Violent Crime Reduction Trust Fund, the Secretary may provide
financial assistance to the States, not to exceed $15,000,000,
for projects or combinations thereof for the purpose of making
capital improvements and other measures to increase safety in
urban parks and recreation areas, including funds to--
`(A) increase lighting within or adjacent to public parks
and recreation areas;
`(B) provide emergency phone lines to contact law
enforcement or security personnel in areas within or
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.'.
[BOLD->] CHAPTER 4--NEW EVIDENTIARY RULES [<-BOLD]
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:
`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 victim's sexual
predisposition.
`(b) EXCEPTIONS-
`(1) In a criminal case, the following evidence is
admissible, if otherwise admissible under these rules:
`(A) evidence of specific instances of sexual behavior by
the alleged victim offered to prove that a person other
than the accused was the source of semen, injury or other
physical evidence;
`(B) evidence of specific instances of sexual behavior by
the alleged victim with respect to the person accused of
the sexual misconduct offered by the accused to prove
consent or by the prosecution; and
`(C) evidence the exclusion of which would violate the
constitutional rights of the defendant.
`(2) In a civil case, evidence offered to prove the sexual
behavior or sexual predisposition of any alleged victim is
admissible if it is otherwise admissible under these rules and
its probative value substantially outweighs the danger of harm
to any victim and of unfair prejudice to any party. Evidence
of an alleged victim's reputation is admissible only if it has
been placed in controversy by the alleged victim.
`(c) PROCEDURE TO DETERMINE ADMISSIBILITY-
`(1) A party intending to offer evidence under subdivision
(b) must--
`(A) file a written motion at least 14 days before trial
specifically describing the evidence and stating the
purpose for which it is offered unless the court, for good
cause requires a different time for filing or permits
filing during trial; and
`(B) serve the motion on all parties and notify the
alleged victim or, when appropriate, the alleged victim's
guardian or representative.
`(2) Before admitting evidence under this rule the court must
conduct a hearing in camera and afford the victim and parties a
right to attend and be heard. The motion, related papers, and
the record of the hearing must be sealed and remain under seal
unless the court orders otherwise.'.
(c) TECHNICAL AMENDMENT- The table of contents for the 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.'.
[BOLD->] CHAPTER 5--ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT
[<-BOLD]
SEC. 40151. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL
ASSAULTS AGAINST WOMEN.
Part A of title XIX of the Public Health and Human Services Act
(42 U.S.C. 300w et seq.) is amended by adding at the end the
following new section:
`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--
`(1) educational seminars;
`(2) the operation of hotlines;
`(3) training programs for professionals;
`(4) the preparation of informational materials; and
`(5) other efforts to increase awareness of the facts about,
or to help prevent, sexual assault, including efforts to
increase awareness in underserved racial, ethnic, and language
minority communities.
`(b) TARGETING OF EDUCATION PROGRAMS- States providing grant
monies must ensure that at least 25 percent of the monies are
devoted to education programs targeted for middle school, junior
high school, and high school students.
`(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section--
`(1) $35,000,000 for fiscal year 1996;
`(2) $35,000,000 for fiscal year 1997;
`(3) $45,000,000 for fiscal year 1998;
`(4) $45,000,000 for fiscal year 1999; and
`(5) $45,000,000 for fiscal year 2000.
`(d) LIMITATION- Funds authorized under this section may only be
used for providing rape prevention and education programs.
`(e) DEFINITION- For purposes of this section, the term `rape
prevention and education' includes education and prevention efforts
directed at offenses committed by offenders who are not known to
the victim as well as offenders who are known to the victim.
`(f) TERMS- The Secretary shall make allotments to each State on
the basis of the population of the State, and subject to the
conditions provided in this section and sections 1904 through 1909.'.
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
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 absolute 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.
SEC. 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. 316. (a) IN GENERAL- The Secretary shall make grants under
this section to private, nonprofit agencies for street-based
outreach and education, including treatment, counseling, provision
of information, and referral for runaway, homeless, and street
youth who have been subjected to or are at risk of being subjected
to sexual abuse.
`(b) PRIORITY- In selecting among applicants for grants under
subsection (a), the Secretary shall give priority to agencies that
have experience in providing services to runaway, homeless, and
street youth.
`(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section--
`(1) $7,000,000 for fiscal year 1996;
`(2) $8,000,000 for fiscal year 1997; and
`(3) $15,000,000 for fiscal year 1998.
`(d) DEFINITIONS- For the purposes of this section--
`(1) the term `street-based outreach and education' includes
education and prevention efforts directed at offenses committed
by offenders who are not known to the victim as well as
offenders who are known to the victim; and
`(2) the term `street youth' means a juvenile who spends a
significant amount of time on the street or in other areas of
exposure to encounters that may lead to sexual abuse.'.
SEC. 40156. VICTIMS OF CHILD ABUSE PROGRAMS.
(a) COURT-APPOINTED SPECIAL ADVOCATE PROGRAM-
(1) REAUTHORIZATION- Section 218(a) of the Victims of Child
Abuse Act of 1990 (42 U.S.C. 13014(a)) is amended to read as
follows:
`(a) AUTHORIZATION- There are authorized to be appropriated to
carry out this subtitle--
`(1) $6,000,000 for fiscal year 1996;
`(2) $6,000,000 for fiscal year 1997;
`(3) $7,000,000 for fiscal year 1998;
`(4) $9,000,000 for fiscal year 1999; and
`(5) $10,000,000 for fiscal year 2000.'.
(2) TECHNICAL AMENDMENT- Section 216 of the Victims of Child
Abuse Act of 1990 (42 U.S.C. 13012) is amended by striking
`this chapter' and inserting `this subtitle'.
(b) CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND
PRACTITIONERS-
(1) REAUTHORIZATION- Section 224(a) of the Victims of Child
Abuse Act of 1990 (42 U.S.C. 13024(a)) is amended to read as
follows:
`(a) AUTHORIZATION- There are authorized to be appropriated to
carry out this subtitle--
`(1) $750,000 for fiscal year 1996;
`(2) $1,000,000 for fiscal year 1997;
`(3) $2,000,000 for fiscal year 1998;
`(4) $2,000,000 for fiscal year 1999; and
`(5) $2,300,000 for fiscal year 2000.'.
(2) TECHNICAL AMENDMENT- Section 221(b) of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13021(b)) is amended by
striking `this chapter' and inserting `this subtitle'.
(c) GRANTS FOR TELEVISED TESTIMONY- Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended--
(1) by amending section 1001(a)(7) (42 U.S.C. 3793(a)(7)) to
read as follows:
`(7) There are authorized to be appropriated to carry out part N--
`(A) $250,000 for fiscal year 1996;
`(B) $1,000,000 for fiscal year 1997;
`(C) $1,000,000 for fiscal year 1998;
`(D) $1,000,000 for fiscal year 1999; and
`(E) $1,000,000 for fiscal year 2000.';
(2) in section 1402 (42 U.S.C. 3796aa-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
a State';
(B) by inserting `and' after paragraph (1);
(C) in paragraph (2) by striking the semicolon at the end
and inserting a period; and
(D) by striking paragraphs (3) and (4);
(4) in section 1404 (42 U.S.C. 3796aa-3)--
(A) in subsection (a)--
(i) by striking `The Bureau' and all that follows
through `determining that' and inserting `An applicant
is eligible to receive a grant under this part if--';
(ii) in paragraph (1) by striking `there is in effect
in such State' and inserting `the applicant certifies
and the Director determines that there is in effect in
the State';
(iii) in paragraph (2) by striking `such State law
shall meet' and inserting `the applicant certifies and
the Director determines that State law meets';
(iv) by inserting `and' after subparagraph (E);
(v) in paragraph (3)--
(I) by inserting `the Director determines that' before `the
application'; and
(II) by striking `; and' and inserting a period;
(vi) by striking paragraph (4);
(vii) by striking `Each application' and inserting
the following:
`(b) Each application'; and
(viii) by striking `the Bureau' each place it appears
and inserting `the Director'; and
(B) by redesignating subsection (b) as subsection (c) and
by striking `The Bureau' and inserting `The Director';
(5) by striking section 1405 (42 U.S.C. 3796aa-4);
(6) in section 1406 (42 U.S.C. 3796aa-5)--
(A) in subsection (a)--
(i) by striking `State which' and inserting `State or
unit of local government that';
(ii) by striking `title' and inserting `part'; and
(iii) in paragraph (1) by striking `State'; and
(B) in subsection (b)(1) by striking `such State' and
inserting `the State and units of local government in the
State';
(7) in section 1407 (42 U.S.C. 3796aa-6)--
(A) in subsection (c)--
(i) by striking `Each State' and all that follows
through `effective audit' and inserting `Grant
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 applicant.';
(8) by striking section 1408 (42 U.S.C. 3796aa-7); and
(9) in the table of contents--
(A) in the item relating to section 1405 by striking
`Allocation and distribution of funds under formula grants'
and inserting `(Repealed)'; and
(B) in the item relating to section 1408 by striking
`State office' and inserting `(Repealed)'.
SUBTITLE B--SAFE HOMES FOR WOMEN
SEC. 40201. SHORT TITLE.
This title may be cited as the `Safe Homes for Women Act of 1994'.
[BOLD->] CHAPTER 1--NATIONAL DOMESTIC VIOLENCE HOTLINE [<-BOLD]
SEC. 40211. GRANT FOR A NATIONAL DOMESTIC VIOLENCE HOTLINE.
The Family Violence Prevention and Services Act (42 U.S.C. 10401
et seq.) is amended by adding at the end the following new section:
`SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
`(a) IN GENERAL- The Secretary may award a grant to a private,
nonprofit entity to provide for the operation of a national,
toll-free telephone hotline to provide information and assistance
to victims of domestic violence.
`(b) DURATION- A grant under this section may extend over a
period of not more than 5 years.
`(c) ANNUAL APPROVAL- The provision of payments under a grant
under this section shall be subject to annual approval by the
Secretary and subject to the availability of appropriations for
each fiscal year to make the payments.
`(d) ACTIVITIES- Funds received by an entity under this section
shall be used to establish and operate a national, toll-free
telephone hotline to provide information and assistance to victims
of domestic violence. In establishing and operating the hotline, a
private, nonprofit entity shall--
`(1) contract with a carrier for the use of a toll-free
telephone line;
`(2) employ, train, and supervise personnel to answer
incoming calls and provide counseling and referral services to
callers on a 24-hour-a-day basis;
`(3) assemble and maintain a current database of 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 Secretary
shall prescribe through notice in the Federal Register;
`(2) include a complete description of the applicant's plan
for the operation of a national domestic violence hotline,
including descriptions of--
`(A) the training program for hotline personnel;
`(B) the hiring criteria for hotline personnel;
`(C) the methods for the creation, maintenance and
updating of a resource database;
`(D) a plan for publicizing the availability of the
hotline;
`(E) a plan for providing service to non-English speaking
callers, including hotline personnel who speak Spanish; and
`(F) a plan for facilitating access to the hotline by
persons with hearing impairments;
`(3) demonstrate that the applicant has nationally 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
violence groups;
`(4) demonstrates that the applicant has a commitment to
diversity, and to the provision of services to ethnic, racial,
and non-English speaking minorities, in addition to older
individuals and individuals with disabilities; and
`(5) contain such other information as the Secretary may
require.
`(f) AUTHORIZATION OF APPROPRIATIONS-
`(1) IN GENERAL- There are authorized to be appropriated to
carry out this section--
`(A) $1,000,000 for fiscal year 1995;
`(B) $400,000 for fiscal year 1996;
`(C) $400,000 for fiscal year 1997;
`(D) $400,000 for fiscal year 1998;
`(E) $400,000 for fiscal year 1999; and
`(F) $400,000 for fiscal year 2000.
`(2) AVAILABILITY- Funds authorized to be appropriated under
paragraph (1) shall remain available until expended.'.
[BOLD->] CHAPTER 2--INTERSTATE ENFORCEMENT [<-BOLD]
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:
[BOLD->] `CHAPTER 110A--DOMESTIC VIOLENCE [<-BOLD]
`Sec. 2261. Interstate domestic violence.
`Sec. 2262. Interstate violation of protection order.
`Sec. 2263. Pretrial release of defendant.
`Sec. 2264. Restitution.
`Sec. 2265. Full faith and credit given to protection orders.
`Sec. 2266. Definitions.
`Sec. 2261. Interstate domestic violence
`(a) OFFENSES-
`(1) CROSSING A STATE LINE- A person who travels across a
State line or enters or leaves Indian country with the intent
to injure, harass, or intimidate that person's spouse or
intimate partner, and who, in the course of or as a result of
such travel, intentionally commits a crime of violence and
thereby causes bodily injury to such spouse or intimate
partner, shall be punished as provided in subsection (b).
`(2) CAUSING THE CROSSING OF A STATE LINE- A person who
causes a spouse or intimate partner to cross a State line or to
enter or leave Indian country by force, coercion, duress, or
fraud and, in the course or as a result of that conduct,
intentionally commits a crime of violence and thereby causes
bodily injury to the person's spouse or intimate partner, shall
be punished as provided in subsection (b).
`(b) PENALTIES- A person who violates this section shall be fined
under this title, imprisoned--
`(1) for life or any term of years, if death of the
offender's spouse or intimate partner results;
`(2) for not more than 20 years if permanent disfigurement or
life threatening bodily injury to the offender's spouse or
intimate partner results;
`(3) for not more than 10 years, if serious bodily injury to
the offender's spouse or intimate partner results or if the
offender uses a dangerous weapon during the offense;
`(4) as provided for the applicable conduct under chapter
109A if the offense would constitute an offense under chapter
109A (without regard to whether the offense was committed in
the special maritime and territorial jurisdiction of the United
States or in a Federal prison); and
`(5) for not more than 5 years, in any other case,
or both fined and imprisoned.
`Sec. 2262. Interstate violation of protection order
`(a) OFFENSES-
`(1) CROSSING A STATE LINE- A person who travels across a
State line or enters or leaves Indian country with the intent
to engage in conduct that--
`(A)(i) violates the portion of a protection order that
involves protection against credible threats of violence,
repeated harassment, or bodily injury to the person or
persons for whom the protection order was issued; or
`(ii) would violate subparagraph (A) if the conduct
occurred in the jurisdiction in which the order was issued;
and
`(B) subsequently engages in such conduct,
shall be punished as provided in subsection (b).
`(2) CAUSING THE CROSSING OF A STATE LINE- A person who
causes a spouse or intimate partner to cross a State line or to
enter or leave Indian country by force, coercion, duress, or
fraud, and, in the course or as a result of that conduct,
intentionally commits an act that injures the person's spouse
or intimate partner in violation of a valid protection order
issued by a State shall be punished as provided in 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.
`Sec. 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.
`Sec. 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
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
obtaining a civil protection order; 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--
`(I) the financial resources and other assets of the
defendant;
`(II) projected earnings, earning capacity, and other
income of the defendant; and
`(III) any financial obligations of the defendant,
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 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) AFFIDAVIT- Within 60 days after conviction and, in any
event, not later than 10 days before sentencing, the United States
Attorney (or such Attorney's delegate), after consulting with the
victim, shall prepare and file an affidavit with the court listing
the amounts subject to restitution under this section. The
affidavit shall be signed by the United States Attorney (or the
delegate) and the victim. Should the victim object to any of the
information included in the affidavit, the United States Attorney
(or the 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
attested to in the affidavit filed pursuant to subsection (a) shall
be entered in the court's restitution order. If objection is
raised, the court may require the victim or the United States
Attorney (or the United States Attorney's delegate) to submit
further 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 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.
`Sec. 2265. Full faith and credit given to protection orders
`(a) FULL FAITH AND CREDIT- Any protection order issued that is
consistent with subsection (b) of this section by the court of one
State or Indian tribe (the issuing State or Indian tribe) shall be
accorded full faith and credit by the court of another State or
Indian tribe (the enforcing State or Indian tribe) and enforced as
if it were the order of the enforcing State or tribe.
`(b) PROTECTION ORDER- A protection order issued by a State or
tribal court is consistent with this subsection if--
`(1) such court has jurisdiction over the parties and matter
under the law of such State or Indian tribe; and
`(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.
`Sec. 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:
[Bold->] 2261. [<-Bold] '.
[BOLD->] CHAPTER 3--ARREST POLICIES IN DOMESTIC VIOLENCE CASES
[<-BOLD]
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:
[BOLD->] [<-BOLD] [BOLD->] `PART U--GRANTS TO ENCOURAGE ARREST
POLICIES [<-BOLD]
`SEC. 2101. GRANTS.
`(a) PURPOSE- The purpose of this part is to encourage States,
Indian tribal governments, and units of local government to treat
domestic violence as a serious violation of criminal law.
`(b) GRANT AUTHORITY- The Attorney General may make grants to
eligible States, Indian tribal governments, or units of local
government for the following purposes:
`(1) To implement mandatory arrest or proarrest programs and
policies in police departments, including mandatory arrest
programs and policies for protection order violations.
`(2) To develop policies and training in police departments
to improve tracking of cases involving domestic violence.
`(3) To centralize and coordinate police enforcement,
prosecution, or judicial responsibility for domestic violence
cases in groups or units of police officers, prosecutors, or
judges.
`(4) To coordinate computer tracking systems to ensure
communication between police, prosecutors, and both criminal
and family courts.
`(5) To strengthen legal advocacy service programs for
victims of domestic violence.
`(6) To educate judges in criminal and other courts about
domestic violence and to improve judicial handling of such cases.
`(c) ELIGIBILITY- Eligible grantees are States, Indian tribal
governments, or units of local government that--
`(1) certify that their laws or official policies--
`(A) encourage or mandate arrests of domestic violence
offenders based on probable cause that an offense has been
committed; and
`(B) encourage or mandate arrest of domestic violence
offenders who violate the terms of a valid and outstanding
protection order;
`(2) demonstrate that their laws, policies, or practices and
their training programs discourage dual arrests of offender and
victim;
`(3) certify that their laws, policies, or practices
prohibit issuance of mutual restraining orders of protection
except in cases where both spouses file a claim and the court
makes detailed findings of fact indicating that both spouses
acted primarily as aggressors and that neither spouse acted
primarily in self-defense; and
`(4) certify that their laws, policies, or practices do not
require, in connection with the prosecution of any misdemeanor
or felony domestic violence offense, that the abused bear the
costs associated with the filing of criminal charges or the
service of such charges on an abuser, or that the abused bear
the costs associated with the issuance or service of a warrant,
protection order, or witness subpoena.
`SEC. 2102. APPLICATIONS.
`(a) APPLICATION- An eligible grantee shall submit an application
to the Attorney General that--
`(1) contains a certification by the chief executive officer
of the State, Indian tribal government, or local government
entity that the conditions of section 2101(c) are met or will
be met within the later of--
`(A) the period ending on the date on which the next
session of the State or Indian tribal legislature ends; or
`(B) 2 years of the date of enactment of this part;
`(2) describes plans to further the purposes stated in
section 2101(a);
`(3) identifies the agency or office or groups of agencies or
offices responsible for carrying out the program; and
`(4) includes documentation from nonprofit, private sexual
assault and domestic violence programs demonstrating their
participation in developing the application, and identifying
such programs in which such groups will be consulted for
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
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 the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 40121(b), is amended by striking
the matter relating to part U and inserting the following:
`PART U--GRANTS TO ENCOURAGE ARREST POLICIES
`Sec. 2101. Grants.
`Sec. 2102. Applications.
`Sec. 2103. Reports.
`Sec. 2104. Regulations or guidelines.
`Sec. 2105. Definitions.
`PART V--TRANSITION--EFFECTIVE DATE--REPEALER
`Sec. 2201. Continuation of rules, authorities, and proceedings.'.
(c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3793), as amended by section 40121(c), is amended--
(1) in paragraph (3) by striking `and T' and inserting `T,
and U'; and
(2) by adding at the end the following new paragraph:
`(19) There are authorized to be appropriated to carry out part U--
`(A) $28,000,000 for fiscal year 1996;
`(B) $33,000,000 for fiscal year 1997; and
`(C) $59,000,000 for fiscal year 1998.
(d) ADMINISTRATIVE PROVISIONS-
(1) REGULATIONS- Section 801(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)),
is amended by striking `and O' and inserting `O, and U'.
(2) DENIAL OF APPLICATION- Section 802(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3783 (b)) is amended in the first sentence by striking `or O'
and inserting `O, or U'.
[BOLD->] CHAPTER 4--SHELTER GRANTS [<-BOLD]
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;
`(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.'.
[BOLD->] CHAPTER 5--YOUTH EDUCATION [<-BOLD]
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 partners.
`(b) NATURE OF PROGRAM- The Secretary shall select, implement and
evaluate separate model programs for 4 different audiences: primary
schools, middle schools, secondary schools, and institutions of
higher education. The model programs shall be selected,
implemented, and evaluated in consultation with 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 estimate 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.'.
[BOLD->] CHAPTER 6--COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE
[<-BOLD]
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;
`(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 selection 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 selection 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 coordinate
intervention and prevention of domestic violence.
`(2) REQUIREMENTS- In establishing and operating a project, a
nonprofit private organization shall--
`(A) establish protocols to improve and expand 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.'.
[BOLD->] CHAPTER 7--FAMILY VIOLENCE PREVENTION AND SERVICES ACT
AMENDMENTS [<-BOLD]
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-
(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 programs
and professionals working with victims of domestic violence;
`(B) planning and conducting State needs assessments and
planning for comprehensive services;
`(C) serving as an information clearinghouse and resource
center for the State; and
`(D) collaborating with other governmental systems which
affect battered women;';
(3) in paragraph (2)(K), as redesignated by paragraph (1), by
striking `and court officials and other professionals' and
inserting `, judges, court officers and other criminal justice
professionals,';
(4) in paragraph (3), as redesignated by paragraph (1)--
(A) by inserting `, criminal court judges,' after `family
law judges,' each place it appears;
(B) in subparagraph (F), by inserting `custody' after
`temporary'; and
(C) in subparagraph (H), by striking `supervised
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
(5) in paragraph (4), as redesignated by paragraph (1), by
inserting `, including information aimed at underserved racial,
ethnic or language-minority populations' before the semicolon.
[BOLD->] CHAPTER 8--CONFIDENTIALITY FOR ABUSED PERSONS [<-BOLD]
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.
(b) REQUIREMENTS- The regulations under subsection (a) shall
require--
(1) in the case of an individual, the presentation to an
appropriate postal official of a valid, outstanding protection
order; and
(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 section 311 of the Family Violence Prevention and Services
Act (42 U.S.C. 10410)) verifying that the organization is a
domestic violence shelter.
(c) DISCLOSURE FOR CERTAIN PURPOSES- The regulations under
subsection (a) shall not prohibit the disclosure of addresses to
State or Federal agencies for legitimate law enforcement or other
governmental purposes.
(d) EXISTING COMPILATIONS- Compilations of addresses 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).
[BOLD->] CHAPTER 9--DATA AND RESEARCH [<-BOLD]
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, it
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.
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,
and 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.
(c) REPORT- The Attorney General shall ensure that no later than
1 year after the date of enactment of this Act, the study required
under subsection (a) is completed and a report describing the
findings made is submitted to the Committees on the Judiciary of
the Senate and the House of Representatives.
(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section $200,000 for fiscal year 1996.
SEC. 40293. NUMBER AND 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.
[BOLD->] CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE
ENFORCEMENT [<-BOLD]
SEC. 40295. RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT
ASSISTANCE.
(a) GRANTS- The Attorney General may make grants to States,
Indian tribal governments, and local governments of rural States,
and to other public or private entities of rural States--
(1) to implement, expand, and establish cooperative efforts
and projects between law enforcement officers, prosecutors,
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
provided by the United States to Indians because of their
status as Indians.
`rural State' has the meaning stated in section 1501(b) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796bb(B)).
(c) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- There are authorized to be appropriated to
carry out this section--
(A) $7,000,000 for fiscal year 1996;
(B) $8,000,000 for fiscal year 1997; and
(C) $15,000,000 for fiscal year 1998.
(2) ADDITIONAL FUNDING- In addition to funds received under a
grant under subsection (a), a law enforcement agency may use
funds received under a grant under section 103 to accomplish
the objectives of this section.
SUBTITLE C--CIVIL RIGHTS FOR WOMEN
SEC. 40301. SHORT TITLE.
This subtitle may be cited as the `Civil Rights Remedies for
Gender-Motivated Violence Act'.
SEC. 40302. CIVIL RIGHTS.
(a) PURPOSE- Pursuant to the affirmative power of Congress to
enact this subtitle under section 5 of the Fourteenth Amendment to
the Constitution, as well as under section 8 of Article I of the
Constitution, it is the purpose of this subtitle to protect the
civil rights of victims of gender motivated violence and to promote
public safety, health, and activities affecting interstate commerce
by establishing a Federal civil rights cause of action for victims
of crimes of violence motivated by gender.
(b) RIGHT TO BE FREE FROM CRIMES OF VIOLENCE- All persons within
the United States shall have the right to be free from crimes of
violence motivated by gender (as defined in subsection (d)).
(c) CAUSE OF ACTION- A person (including a person who acts under
color of any statute, ordinance, regulation, custom, or usage of
any State) who commits a crime of violence motivated by gender and
thus deprives another of the right declared in subsection (b) shall
be liable to the party injured, in an action for the recovery of
compensatory and punitive damages, injunctive and declaratory
relief, and such other relief as a court may deem appropriate.
(d) DEFINITIONS- For purposes of this section--
(1) the term `crime of violence motivated by gender' means a
crime of violence committed because of gender or on the basis
of gender, and due, at least in part, to an animus based on the
victim's gender; and
(2) the term `crime of violence' means--
(A) an act or series of acts that would constitute a
felony against the person or that would constitute a felony
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 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-
(1) LIMITATION- Nothing in this section entitles a person to
a cause of action under subsection (c) for random acts of
violence unrelated to gender or for acts that cannot be
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
40302 of the Violence Against Women Act of 1994 may not be removed
to any district court of the United States.'.
SEC. 40303. ATTORNEY'S FEES.
Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended
in the last sentence--
(1) by striking `or' after `Public Law 92-318,'; and
(2) by inserting `, or section 40302 of the Violence Against
Women Act of 1994,' after `1964'.
SEC. 40304. SENSE OF THE SENATE CONCERNING PROTECTION OF THE
PRIVACY OF RAPE VICTIMS.
It is the sense of the Senate that news media, law enforcement
officers, and other persons should exercise restraint and respect a
rape victim's privacy by not disclosing the victim's identity to
the general public or facilitating such disclosure without the
consent of the victim.
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'.
[BOLD->] CHAPTER 1--EDUCATION AND TRAINING FOR JUDGES AND COURT
PERSONNEL IN STATE COURTS [<-BOLD]
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 judges
and court personnel in the laws of the States and by Indian tribes
in training tribal judges and court personnel in the laws of the
tribes on rape, sexual assault, domestic violence, and other crimes
of violence motivated by the victim's gender.
SEC. 40412. TRAINING PROVIDED BY GRANTS.
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;
(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- Of amounts appropriated under this section,
the State Justice Institute shall expend not less than 40 percent
on model programs regarding domestic violence and not less than 40
percent on model programs regarding rape and sexual assault.
[BOLD->] CHAPTER 2--EDUCATION AND TRAINING FOR JUDGES AND COURT
PERSONNEL IN FEDERAL COURTS [<-BOLD]
SEC. 40421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND
TRAINING GRANTS.
(a) STUDIES- In order to gain a better understanding of the
nature and the extent of gender bias in the Federal courts, the
circuit judicial councils are encouraged to conduct studies of the
instances, if any, of gender bias in their respective circuits and
to implement recommended reforms.
(b) MATTERS FOR EXAMINATION- The studies under subsection (a) may
include an examination of the effects of gender on--
(1) the treatment of litigants, witnesses, attorneys, jurors,
and judges in the courts, including before magistrate and
bankruptcy judges;
(2) the interpretation and application of the law, both civil
and criminal;
(3) treatment of defendants in criminal cases;
(4) treatment of victims of violent crimes in judicial
proceedings;
(5) sentencing;
(6) sentencing alternatives and the nature of supervision of
probation and parole;
(7) appointments to committees of the Judicial Conference and
the courts;
(8) case management and court sponsored alternative 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; and
(3) to the Administrative Office of the United States Courts
to carry out section 40421(c) $100,000 for fiscal year 1996.
SUBTITLE E--VIOLENCE AGAINST WOMEN ACT IMPROVEMENTS
SEC. 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) Limited Testing of Defendants-
(1) COURT ORDER- The victim of an offense of the type
referred to in subsection (a) may obtain an order in the
district court of the United States for the district in which
charges are brought against the defendant charged with the
offense, after notice to the defendant and an opportunity to be
heard, requiring that the defendant be tested for the presence
of the etiologic agent for acquired immune deficiency syndrome,
and that the results of the test be communicated to the victim
and the defendant. Any test result of the defendant given to
the victim or the defendant must be accompanied by appropriate
counseling.
(2) SHOWING REQUIRED- To obtain an order under paragraph (1),
the victim must demonstrate that--
(A) the defendant has been charged with the offense in a
State or Federal court, and if the defendant has been
arrested without a warrant, a probable cause determination
has been made;
(B) the test for the etiologic agent for acquired immune
deficiency syndrome is requested by the victim after
appropriate counseling; and
(C) the test would provide information necessary for the
health of the victim of the alleged offense and the court
determines that the alleged conduct of the defendant
created a risk of transmission, as determined by the
Centers for Disease Control, of the etiologic agent for
acquired immune deficiency syndrome to the victim.
(3) FOLLOW-UP TESTING- The court may order follow-up tests
and counseling under paragraph (b)(1) if the initial test was
negative. Such follow-up tests and counseling shall be
performed at the request of the victim on dates that occur six
months and twelve months following the initial test.
(4) TERMINATION OF TESTING REQUIREMENTS- An order for
follow-up testing under paragraph (3) shall be terminated if
the person obtains an acquittal on, or dismissal of, all
charges of the type referred to in subsection (a).
(5) CONFIDENTIALITY OF TEST- The results of any test ordered
under this subsection shall be disclosed only to the victim or,
where the court deems appropriate, to the parent or legal
guardian of the victim, and to the person tested. The victim
may disclose the test results only to any medical professional,
counselor, family member or sexual partner(s) the victim may
have had since the attack. Any such individual to whom the test
results are disclosed by the victim shall maintain the
confidentiality of such information.
(6) DISCLOSURE OF TEST RESULTS- The court shall issue an
order to prohibit the disclosure by the victim of the results
of any test performed under this subsection to anyone other
than those mentioned in paragraph (5). The contents of the
court proceedings and test results pursuant to this section
shall be sealed. The results of such test performed on the
defendant under this section shall not be used as evidence in
any criminal trial.
(7) CONTEMPT FOR DISCLOSURE- Any person who discloses the
results of a test in violation of this subsection may be held
in contempt of court.
(c) PENALTIES FOR INTENTIONAL TRANSMISSION OF HIV- Not 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. 40504. 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);
(3) by redesignating paragraph (4) as paragraph (5); and
(4) by inserting after paragraph (3) the following new
paragraph:
`(4) in any case, reimburse the victim for lost income and
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;
(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 (b)
shall be submitted to the Congress no later than September 1, 1996.
(d) DEFINITION- For purposes of this section, `campus sexual
assaults' includes sexual assaults occurring at institutions of
postsecondary 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. 40508. 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 RECORDKEEPING RELATING TO DOMESTIC VIOLENCE.
Not later than 1 year after the date of enactment of this Act,
the Attorney General shall complete a study of, and shall submit to
Congress a report and recommendations on, problems of recordkeeping
of criminal complaints involving domestic violence. The study and
report shall examine--
(1) the efforts that have been made by the Department of
Justice, including the Federal Bureau of Investigation, to
collect statistics on domestic violence; and
(2) the feasibility of requiring that the relationship
between an offender and victim be reported in Federal records
of crimes of aggravated assault, rape, and other violent crimes.
SUBTITLE F--NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION
SEC. 40601. AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMATION
DATABASES.
(a) ACCESS AND ENTRY- Section 534 of title 28, United States
Code, is amended by adding at the end the following:
`(e)(1) Information from national crime information databases
consisting of identification records, criminal history records,
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 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 carry out
the subsection added to section 534 of title 28, United States
Code, by subsection (a), after consultation with the officials
charged with managing the National Crime Information Center and the
Criminal Justice Information Services Advisory Policy Board.
SEC. 40602. GRANT PROGRAM.
(a) IN GENERAL- The Attorney General is authorized to provide
grants to States and units of local government to improve processes
for entering data regarding stalking and domestic violence into
local, State, and national crime information databases.
(b) ELIGIBILITY- To be eligible to receive a grant under
subsection (a), a State or unit of local government shall certify
that it has or intends to establish a program that enters into the
National Crime Information Center records of--
(1) warrants for the arrest of persons violating protection
orders intended to protect victims from stalking or domestic
violence;
(2) arrests or convictions of persons violating protection or
domestic violence; and
(3) protection orders for the protection of persons from
stalking or domestic violence.
SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(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
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--
(1) in subparagraph (A)--
(A) by inserting `(i)' after `(A)',
(B) by redesignating the second sentence as clause (ii),
and
(C) by adding at the end the following new 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 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 demonstrates to the Attorney General that--
`(I) the alien is residing in the United States and during
the period of residence with the citizen parent the alien has
been battered by or has been the subject of extreme cruelty
perpetrated by the alien's citizen parent; and
`(II) 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)' 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
(I) and (II) of subparagraph (A)(iii) are met with respect to the
alien.
`(iii) An alien who is the child of an alien lawfully admitted
for permanent residence, who is a person of good moral character,
who is eligible for classification under section 203(a)(2)(A), and
who has resided in the United States with the alien's permanent
resident alien parent may file a petition with the Attorney General
under this subparagraph for classification of the alien under such
section if the alien demonstrates to the Attorney General that--
`(I) the alien is residing in the United States and during
the period of residence with the permanent resident parent the
alien has been battered by or has been the subject of extreme
cruelty perpetrated by the alien's permanent resident parent; and
`(II) the alien is a person whose deportation, in the opinion
of the Attorney General, would result in extreme hardship to
the alien.'; and
(3) by adding at the end the following new subparagraph:
`(H) In acting on petitions filed under clause (iii) or (iv) of
subparagraph (A) or clause (ii) or (iii) of subparagraph (B), the
Attorney General shall consider any credible evidence relevant to
the petition. The determination of what evidence is credible and
the weight to be given that evidence shall be within the sole
discretion of the Attorney General.'.
(b) CONFORMING AMENDMENTS- (1) Section 204(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(2)) is amended--
(A) in subparagraph (A) by striking `filed by an alien who,'
and inserting `for the classification of the spouse of an alien
if the alien,'; and
(B) in subparagraph (B) by striking `by an alien whose prior
marriage' and inserting `for the classification of the spouse
of an alien if the prior marriage of the alien'.
(2) Section 201(b)(2)(A)(i) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by striking
`204(a)(1)(A)' and inserting `204(a)(1)(A)(ii)'.
(c) SURVIVAL RIGHTS TO PETITION- Section 204 of the Immigration
and Nationality Act (8 U.S.C. 1154) is amended by adding at the end
the following new subsection:
`(h) The legal termination of a marriage may not be the sole
basis for revocation under section 205 of a petition filed under
subsection (a)(1)(A)(iii) or a petition filed under subsection
(a)(1)(B)(ii) pursuant to conditions described in subsection
(a)(1)(A)(iii)(I).'.
(d) EFFECTIVE DATE- The amendments made by this section shall
take effect January 1, 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
continuous period of not less than 3 years immediately
preceding the date of such application; has been battered or
subjected to extreme cruelty in the United States by a spouse
or parent who is a United States citizen or lawful permanent
resident (or is the parent of a child of a United States
citizen or lawful permanent resident and the child has been
battered or subjected to extreme cruelty in the United States
by such citizen or permanent resident parent); and proves that
during all of such time in the United States the alien was and
is a person of good moral character; and is a person whose
deportation would, in the opinion of the Attorney General,
result in extreme hardship to the alien or the alien's parent
or child.'.
(b) CONSIDERATION OF EVIDENCE- Section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254) is amended by adding at the end the
following new subsection:
`(g) In acting on applications under subsection (a)(3), the
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.'.
TITLE V--DRUG COURTS
SEC. 50001. DRUG COURTS.
(a) IN GENERAL- Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
40231(a), is amended--
(1) by redesignating part V as part W;
(2) by redesignating section 2201 as section 2301; and
(3) by inserting after part U the following new part:
[BOLD->] `PART V--DRUG COURTS [<-BOLD]
`SEC. 2201. GRANT AUTHORITY.
`The Attorney General may make grants to States, State courts,
local courts, units of local government, and Indian tribal
governments, acting directly or through agreements with other
public or private entities, for programs that involve--
`(1) continuing judicial supervision over offenders with
substance abuse problems who are not violent offenders; and
`(2) the integrated administration of other sanctions and
services, which shall include--
`(A) mandatory periodic testing for the use of controlled
substances or other addictive substances during any period
of supervised release or probation for each participant;
`(B) substance abuse treatment for each participant;
`(C) diversion, probation, or other supervised release
involving the possibility of prosecution, confinement, or
incarceration based on noncompliance with program
requirements or failure to show satisfactory progress; and
`(D) programmatic, offender management, and aftercare
services such as relapse prevention, health care,
education, vocational training, job placement, housing
placement, and child care or other family support services
for each participant who requires such services.
`SEC. 2202. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.
`The Attorney General shall--
`(1) 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. DEFINITION.
`In this part, `violent offender' means a person who--
`(1) is charged with or convicted of an offense, during the
course of which offense or conduct--
`(A) the person carried, possessed, or used a firearm or
dangerous weapon;
`(B) there occurred the death of or serious bodily injury
to any person; or
`(C) there occurred the use of force against the person
of another,
without regard to whether any of the circumstances described in
subparagraph (A), (B), or (C) is an element of the offense or
conduct of which or for which the person is charged or
convicted; or
`(2) has one or more prior convictions for a felony crime of
violence involving the use or attempted use of force against a
person with the intent to cause death or serious bodily harm.
`SEC. 2204. ADMINISTRATION.
`(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 in carrying
out this part.
`(c) REGULATORY AUTHORITY- The Attorney General may issue
regulations and guidelines necessary to carry out this part.
`(d) APPLICATIONS- In addition to any other requirements that may
be specified by the Attorney General, an application for a grant
under this part shall--
`(1) include a long-term strategy and detailed implementation
plan;
`(2) explain the applicant's inability to fund the program
adequately without Federal assistance;
`(3) certify that the Federal support provided will be used
to supplement, and not supplant, State, Indian tribal, and
local sources of funding that would otherwise be available;
`(4) identify related governmental or community initiatives
which complement or will be coordinated with the proposal;
`(5) certify that there has been appropriate consultation
with all affected agencies and that there will be appropriate
coordination with all affected agencies in the implementation
of the program;
`(6) certify that participating offenders will be supervised
by one or more designated judges with responsibility for the
drug court program;
`(7) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support; and
`(8) describe the methodology that will be used in 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
practicable, an equitable geographic distribution of grant awards
is made.
`SEC. 2208. REPORT.
`A State, Indian tribal government, or unit of local government
that receives funds under this part during a fiscal year shall
submit to the Attorney General a report in March of the following
year regarding the effectiveness of this part.
`SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
`(a) TECHNICAL ASSISTANCE AND TRAINING- The Attorney General may
provide technical assistance and training in furtherance of the
purposes of this part.
`(b) EVALUATIONS- In addition to any evaluation requirements that
may be prescribed for grantees, the Attorney General may carry out
or make arrangements for evaluations of programs that receive
support under this part.
`(c) ADMINISTRATION- The technical assistance, training, and
evaluations authorized by this section may be carried out directly
by the Attorney General, in collaboration with the Secretary of
Health and Human Services, or through grants, contracts, or other
cooperative arrangements with other entities.'.
(b) TECHNICAL AMENDMENT- The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 40231(b), is amended by striking
the matter relating to part V and inserting the following:
`PART V--DRUG COURTS
`Sec. 2201. Grant authority.
`Sec. 2202. Prohibition of participation by violent offenders.
`Sec. 2203. Definition.
`Sec. 2204. Administration.
`Sec. 2205. Applications.
`Sec. 2206. Federal share.
`Sec. 2207. Geographic distribution.
`Sec. 2208. Report.
`Sec. 2209. Technical assistance, training, and evaluation.
`PART W--TRANSITION-EFFECTIVE DATE-REPEALER
`Sec. 2301. Continuation of rules, authorities, and proceedings.'.
(c) 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 V--
`(A) $100,000,000 for fiscal year 1995;
`(B) $150,000,000 for fiscal year 1996;
`(C) $150,000,000 for fiscal year 1997;
`(D) $200,000,000 for fiscal year 1998;
`(E) $200,000,000 for fiscal year 1999; and
`(F) $200,000,000 for fiscal year 2000.'.
SEC. 50002. STUDY BY THE GENERAL ACCOUNTING OFFICE.
(a) IN GENERAL- The Comptroller General of the United States
shall study and assess the effectiveness and impact of grants
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 II of title 18, United States Code, is
amended by inserting after chapter 227 the following new chapter:
[BOLD->] `CHAPTER 228--DEATH SENTENCE [<-BOLD]
`Sec.
`3591. Sentence of death.
`3592. Mitigating and aggravating factors to be considered in
determining whether a sentence of death is justified.
`3593. Special hearing to determine whether a sentence of death is
justified.
`3594. Imposition of a sentence of death.
`3595. Review of a sentence of death.
`3596. Implementation of a sentence of death.
`3597. Use of State facilities.
`3598. Special provisions for Indian country.
`Sec. 3591. Sentence of death
`(a) A defendant who has been found guilty of--
`(1) an offense described in section 794 or section 2381; or
`(2) any other offense for which a sentence of death is
provided, if the defendant, as determined beyond a reasonable
doubt at the hearing under section 3593--
`(A) intentionally killed the victim;
`(B) intentionally inflicted serious bodily injury that
resulted in the death of the victim;
`(C) intentionally participated in an act, contemplating
that the life of a person would be taken or intending that
lethal force would be used in connection with a person,
other than one of the participants in the offense, and the
victim died as a direct result of the act; or
`(D) intentionally and specifically engaged in an act of
violence, knowing that the act created a grave risk of
death to a person, other than one of the participants in
the offense, such that participation in the act constituted
a reckless disregard for human life and the victim died as
a direct result of the act,
shall be sentenced to death if, after consideration of the factors
set forth in section 3592 in the course of a hearing held pursuant
to section 3593, it is determined that imposition of a sentence of
death is justified, except that no person may be sentenced to death
who was less than 18 years of age at the time of the offense.
`(b) A defendant who has been found guilty of--
`(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 of a continuing criminal enterprise offense under the
conditions described in subsection (b) of that section which
involved not less than twice the quantity of controlled
substance described in subsection (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)(1)), committed as
part of a continuing criminal enterprise offense under that
section, where the defendant is a principal administrator,
organizer, or leader of such an enterprise, and the defendant,
in order to obstruct the investigation or prosecution of the
enterprise or an offense involved in the enterprise, attempts
to kill or knowingly directs, advises, authorizes, or assists
another to attempt to kill any public officer, juror, witness,
or members of the family or household of such a person,
shall be sentenced to death if, after consideration of the factors
set forth in section 3592 in the course of a hearing held pursuant
to section 3593, it is determined that imposition of a sentence of
death is justified, except that no person may be sentenced to death
who was less than 18 years of age at the time of the offense.
`Sec. 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 did not have a
significant prior history of other criminal conduct.
`(6) DISTURBANCE- The defendant committed the offense under
severe mental or emotional disturbance.
`(7) VICTIM'S CONSENT- The victim consented to the 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
sentence.
`(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
for 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.
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 flight 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 in interstate
commerce for certain purposes), section 844(f) (destruction of
Government property by explosives), section 1118 (prisoners
serving life term), section 1201 (kidnaping), section 844(i)
(destruction of property 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 basis of section 924(c), the defendant
has previously been convicted of a Federal or State offense
punishable by a term of imprisonment of more than 1 year,
involving the use or attempted or threatened use of a firearm
(as defined in section 921) against another person.
`(3) PREVIOUS CONVICTION OF OFFENSE FOR WHICH A 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- The
defendant has previously been convicted of 2 or more Federal or
State offenses, punishable by a term of imprisonment of more
than 1 year, committed on different occasions, involving the
infliction of, or attempted infliction of, serious bodily
injury or death upon another person.
`(5) GRAVE RISK OF DEATH TO ADDITIONAL PERSONS- The
defendant, in the commission of the offense, or in escaping
apprehension for the violation of the offense, knowingly
created a grave risk of death to 1 or more persons in addition
to the victim of the offense.
`(6) HEINOUS, CRUEL, OR DEPRAVED MANNER OF COMMITTING
OFFENSE- The defendant committed the offense in an especially
heinous, cruel, or depraved manner in 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 in the expectation of the
receipt, of anything of pecuniary value.
`(9) SUBSTANTIAL PLANNING AND PREMEDITATION- The defendant
committed the offense after substantial planning and
premeditation to cause the death of a person or commit an act
of terrorism.
`(10) CONVICTION FOR TWO FELONY DRUG OFFENSES- The defendant
has previously been convicted of 2 or more State or Federal
offenses punishable by a term of imprisonment of more than one
year, committed on different occasions, involving the
distribution of a controlled substance.
`(11) VULNERABILITY OF VICTIM- The victim was 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 II
or III of the Controlled Substances Act for which a sentence of
5 or more years may be imposed or had previously been convicted
of engaging in a continuing criminal enterprise.
`(13) CONTINUING CRIMINAL ENTERPRISE INVOLVING DRUG SALES TO
MINORS- The defendant committed the offense in the course of
engaging in a continuing criminal enterprise in violation of
section 408(c) of the Controlled Substances Act (21 U.S.C.
848(c)), and that violation involved the distribution of drugs
to persons under the age of 21 in violation of section 418 of
that Act (21 U.S.C. 859).
`(14) HIGH PUBLIC OFFICIALS- The defendant committed the
offense against--
`(A) the President of the United States, the
President-elect, the Vice President, the Vice
President-elect, the Vice President-designate, or, if there
is no Vice President, the officer next in order of
succession to the office of the 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.
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 by section 419 of the Controlled Substances
Act (21 U.S.C. 860) which was committed directly by the
defendant.
`(7) USING MINORS IN TRAFFICKING- The offense, or a
continuing criminal enterprise of which the offense was a part,
involved conduct proscribed by section 420 of the Controlled
Substances Act (21 U.S.C. 861) which was committed directly by
the defendant.
`(8) LETHAL ADULTERANT- The offense involved the importation,
manufacture, or distribution of a controlled 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.
`Sec. 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
if--
`(A) the defendant was convicted upon a plea of guilty;
`(B) the defendant was convicted after a trial before the
court sitting without a jury;
`(C) the jury that determined the defendant's guilt was
discharged for good cause; or
`(D) after initial imposition of a sentence under this
section, reconsideration of the sentence under this section
is necessary; or
`(3) before the court alone, upon the motion of the defendant
and with the approval of the attorney for the government.
A jury impaneled pursuant to paragraph (2) shall consist of 12
members, unless, at any time before the conclusion of the hearing,
the parties stipulate, with the approval of the court, that it
shall consist of a lesser number.
`(c) PROOF OF MITIGATING AND AGGRAVATING FACTORS- Notwithstanding
rule 32(c) of the Federal Rules of Criminal Procedure, when a
defendant is found guilty or pleads guilty to an offense under
section 3591, no presentence report shall be prepared. At the
sentencing hearing, information may be presented as to any matter
relevant to the sentence, including any mitigating or aggravating
factor permitted or required to be considered under section 3592.
Information presented may include the trial transcript and exhibits
if the hearing is held before a jury or judge not present during
the trial, or at the trial judge's discretion. The defendant may
present any information relevant to a mitigating factor. The
government may present any information relevant to an aggravating
factor for which notice has been provided under subsection (a).
Information is admissible regardless of its admissibility under the
rules governing admission of evidence at criminal trials except
that information may be excluded if its probative value is
outweighed by the danger of creating unfair prejudice, confusing
the issues, or misleading the jury. The government and the
defendant shall be permitted to rebut any information received at
the hearing, and shall be given fair opportunity to present
argument as to the adequacy of the information to establish the
existence of any aggravating or mitigating factor, and as to the
appropriateness in the case of imposing a sentence of death. The
government shall open the argument. The defendant shall be
permitted to reply. The government shall then be permitted to reply
in rebuttal. The burden of establishing the existence of any
aggravating factor is on the government, and is not satisfied
unless the existence of such a factor is established beyond a
reasonable doubt. The burden of establishing the existence of any
mitigating factor is on the defendant, and is not satisfied unless
the existence of such a factor is established by a preponderance of
the information.
`(d) RETURN OF SPECIAL FINDINGS- The jury, or if there is no
jury, the court, shall consider all the information received during
the hearing. It shall return special findings identifying any
aggravating factor or factors set forth in section 3592 found to
exist and any other aggravating factor for which notice has been
provided under subsection (a) found to exist. A finding with
respect to a mitigating factor may be made by 1 or more members of
the jury, and any member of the jury who finds the existence of a
mitigating factor may consider such factor established for purposes
of this section regardless of the number of jurors who concur that
the factor has been established. A finding with respect to any
aggravating factor must be unanimous. If no aggravating factor set
forth in section 3592 is found to exist, the court shall impose a
sentence other than death authorized by law.
`(e) RETURN OF A FINDING CONCERNING A SENTENCE OF DEATH- If, in
the case of--
`(1) an offense described in section 3591(a)(1), an
aggravating factor required to be considered under section
3592(b) is found to exist;
`(2) an offense described in section 3591(a)(2), an
aggravating factor required to be considered under section
3592(c) is found to exist; or
`(3) an offense described in section 3591(b), an aggravating
factor required to be considered under section 3592(d) is found
to exist,
the jury, or if there is no jury, the court, shall consider whether
all the aggravating factor or factors found to exist sufficiently
outweigh all the mitigating factor or factors found to exist to
justify a sentence of death, or, in the absence of a mitigating
factor, whether the aggravating factor or factors alone are
sufficient to justify a sentence of death. Based upon this
consideration, the jury by unanimous vote, or if there is no jury,
the court, shall recommend whether the defendant should be
sentenced to death, to life imprisonment without possibility of
release or some other lesser sentence.
`(f) SPECIAL PRECAUTION TO ENSURE AGAINST DISCRIMINATION- In a
hearing held before a jury, the court, prior to the return of a
finding under subsection (e), shall instruct the jury that, in
considering whether a sentence of death is justified, it shall not
consider the race, color, religious beliefs, national origin, or
sex of the defendant or of any victim and that the jury is not to
recommend a sentence of death unless it has concluded that it would
recommend a sentence of death for the crime in question no matter
what the race, color, religious beliefs, national origin, or sex of
the defendant or of any victim may be. The jury, upon return of a
finding under subsection (e), shall also return to the court a
certificate, signed by each juror, that consideration of the race,
color, religious beliefs, national origin, or sex of the defendant
or any victim was not involved in reaching his or her individual
decision and that the individual juror would have made the same
recommendation regarding a sentence for the crime in question no
matter what the race, color, religious beliefs, national origin, or
sex of the defendant or any victim may be.
`Sec. 3594. Imposition of a sentence of death
`Upon a recommendation under section 3593(e) that the defendant
should be sentenced to death or life imprisonment without
possibility of release, the court shall sentence the defendant
accordingly. Otherwise, the court shall impose any lesser sentence
that is authorized by law. Notwithstanding any other law, if the
maximum term of imprisonment for the offense is life imprisonment,
the court may impose a sentence of life imprisonment without
possibility of release.
`Sec. 3595. Review of a sentence of death
`(a) APPEAL- In a case in which a sentence of death is imposed,
the sentence shall be subject to review by the court of appeals
upon appeal by the defendant. Notice of appeal must be filed within
the time specified for the filing of a notice of appeal. An appeal
under this section may be consolidated with an appeal of the
judgment of conviction and shall have priority over all other cases.
`(b) REVIEW- The court of appeals shall review the entire record
in the case, including--
`(1) the evidence submitted during the trial;
`(2) the information submitted during the sentencing hearing;
`(3) the procedures employed in the sentencing hearing; and
`(4) the special findings returned under section 3593(d).
`(c) DECISION AND DISPOSITION-
`(1) The court of appeals shall address all substantive and
procedural issues raised on the appeal of a sentence of death,
and shall consider whether the sentence of death was imposed
under the influence of passion, prejudice, or any other
arbitrary factor and whether the evidence supports the special
finding of the existence of an aggravating factor required to
be considered under section 3592.
`(2) Whenever the court of appeals finds that--
`(A) the sentence of death was imposed under the
influence of passion, prejudice, or any other arbitrary
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.
`Sec. 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.
`(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.
`Sec. 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.
`Sec. 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
18, United States Code, is amended by inserting after the item
relating to chapter 227 the following new item:
[Bold->] 3591'. [<-Bold]
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 Intelligence Surveillance Act of 1978) of an
individual acting as an agent of the United States and
consequently in the death of that individual, or directly
concerned nuclear weaponry, military 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 for life' the
following: `and, if the death of any person results, shall be
punished by death or life imprisonment'.
(11) MURDER FOR HIRE- Section 1958 of title 18, United States
Code, is amended by striking `and if death results, shall be
subject to imprisonment for any term of years or for life, or
shall be fined not more than $50,000, or both' and inserting
`and if death results, shall be punished by death or life
imprisonment, or shall be fined not more than $250,000, or both'.
(12) RACKETEERING- Section 1959(a)(1) of title 18, United
States Code, is amended to read as follows:
`(1) for murder, by death or life imprisonment, or a fine of
not more than $250,000, or both; and for kidnapping, by
imprisonment for any term of years or for life, or a fine of
not more than $250,000, or both;'.
(13) GENOCIDE- Section 1091(b)(1) of title 18, United States
Code, is amended by striking `a fine of not more than
$1,000,000 or imprisonment for life,' and inserting `, where
death results, by death or imprisonment for life and a fine of
not more than $1,000,000, or both;'.
(14) CARJACKING- Section 2119(3) of title 18, United States
Code, is amended by striking the period after `both' and
inserting `, or sentenced to death.'; and by striking `,
possessing a firearm as defined in section 921 of this title,'
and inserting `, with the intent to cause death or serious
bodily harm'.
(b) CONFORMING AMENDMENT TO FEDERAL AVIATION ACT OF 1954- 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 TO UNIFORM CODE OF MILITARY JUSTICE.
Chapter 228 of title 18, United States Code, as added by this
title, shall not apply to prosecutions under the Uniform Code of
Military Justice (10 U.S.C. 801).
SEC. 60005. DEATH PENALTY FOR MURDER BY A FEDERAL PRISONER.
(a) IN GENERAL- Chapter 51 of title 18, United States Code, is
amended by adding at the end the following new section:
`Sec. 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 1111).
`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
maximum of life, or an unexecuted sentence of death.'.
(b) TECHNICAL AMENDMENT- The chapter analysis for chapter 51 of
title 18, United States Code, is amended by adding at the end the
following new item:
`1118. Murder by a Federal prisoner.'.
SEC. 60006. DEATH PENALTY FOR CIVIL RIGHTS MURDERS.
(a) CONSPIRACY AGAINST RIGHTS- Section 241 of title 18, United
States Code, is amended by striking the period at the end of the
last sentence and inserting `, or may be sentenced to death.'.
(b) DEPRIVATION OF RIGHTS UNDER COLOR OF LAW- Section 242 of
title 18, United States Code, is amended by striking the period at
the end of the last sentence and inserting `, or may be sentenced
to death.'.
(c) FEDERALLY PROTECTED ACTIVITIES- Section 245(b) of title 18,
United States Code, is amended in the matter following paragraph
(5) by inserting `, or may be sentenced to death' after `or for
life'.
(d) DAMAGE TO RELIGIOUS PROPERTY; OBSTRUCTION OF THE FREE
EXERCISE OF RELIGIOUS RIGHTS- Section 247(c)(1) of title 18, United
States Code, is amended by inserting `, or may be sentenced to
death' after `or both'.
SEC. 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:
`Sec. 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
punishable 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
Substances Act (21 U.S.C. 841(b)(1)(A)) or section 1010(b)(1)
of the Controlled Substances Import and Export Act (21 U.S.C.
960(b)(1)).
`(b) OFFENSE AND PENALTIES- (1) A person who, in furtherance or
to escape detection of a major drug offense and with the intent to
intimidate, harass, injure, or maim, fires a weapon into a group of
two or more persons and who, in the course of such conduct, causes
grave risk to any human life shall be punished by a term of no more
than 25 years, by fine under this title, or both.
`(2) A person who, in furtherance or to escape detection of a
major drug offense and with the intent to intimidate, harass,
injure, or maim, fires a weapon into a group of 2 or more persons
and who, in the course of such conduct, kills any person shall, if
the killing--
`(A) is a first degree murder (as defined in section
1111(a)), be punished by death or imprisonment for any term of
years or for life, fined under this title, or both; or
`(B) is a murder other than a first degree murder (as defined
in section 1111(a)), be fined under this title, imprisoned for
any term of years or for life, or both.'.
(c) TECHNICAL AMENDMENT- The chapter analysis for chapter 2 of
title 18, United States Code, is amended by adding at the end the
following new item:
`36. Drive-by shooting.'.
SEC. 60009. FOREIGN MURDER OF UNITED STATES NATIONALS.
(a) IN GENERAL- Chapter 51 of title 18, United States Code, as
amended by section 60005(a), is amended by adding at the end the
following new section:
`Sec. 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
lawfully secure the person's return. A determination by the
Attorney General under this paragraph is not subject to judicial
review.'.
(b) TECHNICAL AMENDMENTS- (1) Section 1117 of title 18, United
States Code, is amended by striking `or 1116' and inserting `1116,
or 1119'.
(2) The chapter analysis for chapter 51 of title 18, United
States Code, as amended by section 60005(a), is amended by adding
at the end the following new item:
`1119. Foreign murder of United States nationals.'.
SEC. 60010. DEATH PENALTY FOR RAPE AND CHILD MOLESTATION MURDERS.
(a) OFFENSE- Chapter 109A of title 18, United States Code, is
amended--
(1) by redesignating section 2245 as section 2246; and
(2) by inserting after section 2244 the following new section:
`Sec. 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 AMENDMENTS- The chapter analysis for chapter 109A
of title 18, United States Code, is amended by striking the item
for section 2245 and inserting the following:
`2245. Sexual abuse resulting in death.
`2246. Definitions for chapter.'.
SEC. 60011. DEATH PENALTY FOR SEXUAL EXPLOITATION OF 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:
`Sec. 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 prisoners.'.
SEC. 60013. DEATH PENALTY FOR GUN MURDERS DURING FEDERAL CRIMES OF
VIOLENCE AND DRUG TRAFFICKING CRIMES.
Section 924 of title 18, United States Code, is amended by adding
at the end the following new subsection:
`(i) A person who, in the course of a violation of subsection
(c), causes the death of a person through the use of a firearm,
shall--
`(1) if the killing is a murder (as defined in section 1111),
be punished by death or by imprisonment for any term of years
or for life; and
`(2) if the killing is manslaughter (as defined in section
1112), be punished as provided in that section.'.
SEC. 60014. HOMICIDES AND ATTEMPTED HOMICIDES INVOLVING FIREARMS IN
FEDERAL FACILITIES.
Section 930 of title 18, United States Code, is amended--
(1) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively;
(2) in subsection (a) by striking `(c)' and inserting `(d)';
and
(3) by inserting after subsection (b) the following new
subsection:
`(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.'.
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:
`Sec. 1121. Killing persons aiding Federal investigations or State
correctional officers
`(a) Whoever intentionally kills--
`(1) a State or local official, law enforcement officer, or
other officer or employee while working with Federal law
enforcement officials in furtherance of a Federal criminal
investigation--
`(A) while the victim is engaged in the performance of
official duties;
`(B) because of the performance of the victim's official
duties; or
`(C) because of the victim's status as a public servant; or
`(2) any person assisting a Federal criminal investigation,
while that assistance is being rendered and because of it,
shall be sentenced according to the terms of section 1111,
including by sentence of death or by imprisonment for life.
`(b)(1) Whoever, in a circumstance described in paragraph (3) of
this subsection, while incarcerated, intentionally kills any State
correctional officer engaged in, or on account of the performance
of such officer's official duties, shall be sentenced to a term of
imprisonment which shall not be less than 20 years, and may be
sentenced to life imprisonment or death.
`(2) As used in this section, the term, `State correctional
officer' includes any officer or employee of any prison, jail, or
other detention 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 punishment for an offense under this section is--
`(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:
`Sec. 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;
`(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
person 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;
`(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.
`Sec. 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 TO 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 5 years, or both.
`(b) JURISDICTION- There is jurisdiction over the activity
prohibited in subsection (a) if--
`(1) such activity is committed against or on board a fixed
platform--
`(A) that is located on the continental shelf of the
United States;
`(B) that is located on the continental shelf of another
country, by a national of the United States or by a
stateless person whose habitual residence is in the United
States; or
`(C) in an attempt to compel the United States to do or
abstain from doing any act;
`(2) during the commission of such activity against or on
board a fixed platform located on a continental shelf, a
national of the United States is seized, threatened, injured or
killed; or
`(3) such activity is committed against or on board a fixed
platform located outside the United States and beyond the
continental shelf of the United States and the 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
of the State in which it was committed. For purposes of this
section, the term `labor dispute' has the meaning set forth in
section 2(c) of the Norris-LaGuardia Act, as amended (29 U.S.C.
113(c)).
`(d) DEFINITIONS- In this section--
`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 baselines 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 fixed platforms.'.
(c) EFFECTIVE DATES- This section and the amendments made 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:
`Sec. 37. Violence at international airports
`(a) OFFENSE- A person who unlawfully and intentionally, using
any device, substance, or weapon--
`(1) performs an act of violence against a person at an
airport serving international civil aviation that causes or is
likely to cause serious bodily injury (as defined in section
1365 of this title) or death; or
`(2) destroys or seriously damages the facilities of an
airport serving international civil aviation or a civil
aircraft not in service located thereon or disrupts the
services of the airport,
if such an act endangers or is likely to endanger safety at that
airport, or attempts to do such an act, shall be fined under this
title, imprisoned not more than 20 years, or both; and if the death
of any person results from conduct prohibited by this subsection,
shall be punished by death or imprisoned for any term of years or
for life.
`(b) JURISDICTION- There is jurisdiction over the prohibited
activity in subsection (a) if--
`(1) the prohibited activity takes place in the United
States; or
`(2) the prohibited activity takes place outside the United
States and the offender is later found in the United States.
`(c) It is a bar to Federal prosecution under subsection (a) for
conduct that occurred within the United States that the conduct
involved was during or in relation to a labor dispute, and such
conduct is prohibited as a felony under the law of the State in
which it was committed. For purposes of this section, the term
`labor dispute' has the meaning set forth in section 2(c) of the
Norris-LaGuardia Act, as amended (29 U.S.C. 113(c)).
(b) TECHNICAL AMENDMENT- The chapter analysis for chapter 2 of
title 18, United States Code, as amended by section 60008(c), is
amended by adding at the end the following new item:
`37. Violence at international airports.'.
(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:
`Sec. 2332a. Use of weapons of mass destruction
`(a) OFFENSE- A person who uses, or attempts or conspires to use,
a weapon of mass destruction--
`(1) against a national of the United States while such
national is outside of the United States;
`(2) against any person within the United States; or
`(3) against any property that is owned, leased or used by
the United States or by any department or agency of the United
States, whether the property is within or outside of the United
States,
shall be imprisoned for any term of years or for life, and if death
results, shall be punished by death or imprisoned for any term of
years or for life.
`(b) DEFINITIONS- For purposes of this section--
`(1) the term `national of the United States' has the meaning
given in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(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
paragraph 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 serious bodily injury (as defined in section 1365 of
title 18, United States Code) to, or places in jeopardy the
life of, any person, be fined under title 18, United States
Code, imprisoned not more than 20 years, or both; and
`(iv) in the case of a violation of subparagraph (A) (i),
(ii), (iii), or (iv) resulting in the death of any person, be
punished by death or imprisoned for any term of years or for
life, fined under title 18, United States Code, or both.'; and
(2) in paragraph (2) by striking `or imprisoned not more than
five years, or both' and inserting `or in the case of a
violation of subparagraph (B)(ii), imprisoned not more than 10
years, or both; or in the case of a violation of subparagraph
(B)(i) or (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 convictions
have become final) on separate prior occasions in a court
of the United States or of a State of--
`(i) 2 or more serious violent felonies; or
`(ii) one or more serious violent felonies and one or
more serious drug offenses; and
`(B) each serious violent felony or serious drug offense
used as a basis for sentencing 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 with another person or using or brandishing a
weapon against another person with intent to commit
aggravated sexual abuse or sexual abuse (as described in
sections 2241 and 2242);
`(B) the term `arson' means an offense that has as its
elements maliciously damaging or destroying any 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),
if 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)(1)
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;
`(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 basis of innocence, or if the convicted person is
pardoned on the explicit basis of innocence, the person serving
a sentence imposed under this subsection shall be resentenced
to any sentence that was available at the time of the original
sentencing.'.
SEC. 70002. LIMITED GRANT OF AUTHORITY TO BUREAU OF PRISONS.
Section 3582(c)(1)(A) of title 18, United States Code, is amended--
(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
CASES
SEC. 80001. LIMITATION ON APPLICABILITY OF MANDATORY MINIMUM
PENALTIES IN CERTAIN CASES.
(a) IN GENERAL- Section 3553 of title 18, United States Code, is
amended by adding at the end the following new subsection:
`(f) LIMITATION ON APPLICABILITY OF STATUTORY MINIMUMS IN CERTAIN
CASES- Notwithstanding any other provision of law, in the case of
an offense under section 401, 404, or 406 of the Controlled
Substances Act (21 U.S.C. 841, 844, 846) or section 1010 or 1013 of
the Controlled Substances Import and Export Act (21 U.S.C. 961,
963), the court shall impose a sentence pursuant to guidelines
promulgated by the United States Sentencing Commission under
section 994 of title 28 without regard to any statutory minimum
sentence, if the court finds at sentencing, after the Government
has been afforded the opportunity to make a recommendation, that--
`(1) the defendant does not have more than 1 criminal history
point, as determined under the sentencing guidelines;
`(2) the defendant did not use violence or credible threats
of violence or possess a firearm or other dangerous weapon (or
induce another participant to do so) in connection with the
offense;
`(3) the offense did not result in death or serious bodily
injury to any person;
`(4) the defendant was not an organizer, leader, manager, or
supervisor of others in the offense, as determined under the
sentencing guidelines and was not engaged in a continuing
criminal enterprise, as defined in 21 U.S.C. 848; and
`(5) not later than the time of the sentencing hearing, the
defendant has truthfully provided to the Government all
information and evidence 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.
(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.
TITLE IX--DRUG CONTROL
SUBTITLE A--ENHANCED PENALTIES AND GENERAL PROVISIONS
SEC. 90101. ENHANCEMENT OF PENALTIES FOR DRUG TRAFFICKING IN PRISONS.
Section 1791 of title 18, United States Code, is amended--
(1) in subsection (c), by inserting before `Any' the
following new sentence: `Any punishment imposed under
subsection (b) for a violation of this section involving a
controlled substance shall be consecutive to any other sentence
imposed by any court for an offense involving such a controlled
substance.';
(2) in subsection (d)(1)(A), by inserting after `a firearm or
destructive device' the following: `or a controlled substance
in schedule I or II, other than marijuana or a controlled
substance referred to in subparagraph (C) of this subsection';
(3) in subsection (d)(1)(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)(1)(C), by inserting `methamphetamine,
its salts, isomers, and salts of its isomers,' after `a
narcotic drug,';
(5) in subsection (d)(1)(D), by inserting `(A), (B), or'
before `(C)'; and
(6) in subsection (b), by striking `(c)' each place it
appears and inserting `(d)'.
SEC. 90102. INCREASED PENALTIES FOR DRUG-DEALING IN `DRUG-FREE'
ZONES.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall amend
its sentencing guidelines to provide an appropriate enhancement for
a defendant convicted of violating section 419 of the Controlled
Substances Act (21 U.S.C. 860).
SEC. 90103. ENHANCED PENALTIES FOR ILLEGAL DRUG USE IN 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) (1), (2), and (3) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(b) (1), (2), and (3)) are each amended in
the sentence or sentences 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 prior convictions of such person for a felony drug
offense have become final'.
(c) Section 401(b)(1)(A) of the Controlled Substances Act (21
U.S.C. 841(b)(1)(A)) is amended by striking the sentence beginning
`For purposes of this subparagraph, the term `felony drug offense'
means'.
(d) Section 102 of the Controlled Substances Act (21 U.S.C. 802)
is amended by adding at the end the following new paragraph:
`(43) The term `felony drug offense' means an offense that is
punishable by imprisonment for more than one year under any law of
the United States or of a State or foreign country that prohibits
or restricts conduct relating to narcotic drugs, marihuana, or
depressant or stimulant substances.'.
SEC. 90106. ADVERTISING.
Section 403 of the Controlled Substances Act (21 U.S.C. 843) is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
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- If 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-
(1) IN GENERAL- A request for a declaration designating an
area to be a violent crime or drug emergency area shall be
made, in writing, by the chief executive officer of a State or
local government, respectively (or in the case of the District
of Columbia, the mayor), and shall be forwarded to the Attorney
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 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
beyond 1 year. The President may extend the provision of
Federal assistance for not more than an additional 180 days.
(i) REGULATIONS- Not later than 120 days after the date of
enactment of this Act, the Attorney General shall issue regulations
to implement this section.
(j) NO EFFECT ON EXISTING AUTHORITY- Nothing in this section
shall diminish or detract from existing authority possessed by the
President or Attorney 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
paragraph:
`(5) The Director shall request the head of a department or
agency to include in the department's or agency's budget submission
to the Office of Management and Budget funding requests for
specific initiatives that are consistent with the President's
priorities for the National Drug Control Strategy and
certifications made pursuant to paragraph (3), and the head of the
department or agency shall comply with such a request.'.
(b) BUDGET RECOMMENDATION- Section 1003(b) of the National
Narcotics Leadership Act of 1988 (21 U.S.C. 1502(b)) is amended--
(1) by striking `and' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting `; and'; and
(3) by adding at the end the following new paragraph:
`(8) provide, by July 1 of each year, budget 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
amended--
(1) in subsection (d)--
(A) by amending paragraph (2) to read as follows:
`(2) request the head of a department or agency or program to
place department, agency, or program personnel who are engaged
in drug control activities on temporary detail to another
department or agency in order to implement the National Drug
Control Strategy, and the head of the department or agency
shall comply with such a request;
(B) by striking `and' at the end of paragraph (6);
(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 Program
agency account to a different National Drug Control Program
agency account in an amount that does not exceed 2 percent of
the amount appropriated to either account, upon advance
approval of the Committees on Appropriations of each House of
Congress; and
`(9) in order to ensure compliance with the National Drug
Control Program, issue to the head of a National Drug Control
Program agency a funds control notice described in subsection
(f).'; and
(2) by adding at the end the following new subsections:
`(f) FUNDS CONTROL NOTICES- (1) A funds control notice may direct
that all or part of an amount appropriated to the National Drug
Control Program agency account be obligated by--
`(A) months, fiscal year quarters, or other time periods; and
`(B) activities, functions, projects, or object classes.
`(2) An officer or employee of a National Drug Control Program
agency shall not make or authorize an expenditure or obligation
contrary to a funds control notice issued by the Director.
`(3) In the case of a violation of paragraph (2) by an officer or
employee of a National Drug Control Program agency, the head of the
agency, upon the request of and in consultation with the Director,
may subject the officer or employee to appropriate 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.'.
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
of--
`(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
`(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
`(iv) the success of drug treatment programs,
including an assessment of the effectiveness of the
mechanisms in place federally, and within each State,
to determine the relative quality of substance abuse
treatment programs, the qualifications of treatment
personnel, and the mechanism by which patients are
admitted to the most appropriate and cost effective
treatment setting.
`(5) The Director shall include with the National Drug
Control Strategy required to be submitted not later than
February 1, 1995, and with every second such strategy submitted
thereafter--
`(A) an assessment of the quality of current drug use
measurement instruments and techniques to measure supply
reduction and demand reduction activities;
`(B) an assessment of the adequacy of the coverage of
existing national drug use measurement instruments and
techniques to measure the casual drug user population and
groups at-risk for drug use;
`(C) an assessment of the actions the Director shall take
to correct any deficiencies and limitations identified
pursuant to subparagraphs (A) and (B); and
`(D) identification of the specific factors that restrict
the availability of treatment services to those seeking it
and proposed administrative or legislative remedies to make
treatment available to those individuals.
`(6) Federal agencies responsible for the collection or
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 availability in the
United States, including an estimate of the effectiveness of
interdiction, treatment, prevention, law enforcement, and
international programs under the National Drug Control Strategy
in effect in the preceding year in reducing drug use and
availability.'.
SEC. 90204. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.
(a) DRUG ABUSE ADDICTION AND REHABILITATION CENTER- Section 1003A
of the National Narcotics Leadership Act of 1988 (21 U.S.C.
1502a(c)(1)) is amended--
(1) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively; and
(2) by inserting after subparagraph (A) the following:
`(B) in consultation with the National Institute on Drug
Abuse, and through interagency agreements or grants,
examine addiction and rehabilitation research and the
application of technology to expanding the effectiveness or
availability of drug treatment;'.
(b) ASSISTANCE FROM THE ADVANCED RESEARCH PROJECT AGENCY- Section
1003A of the National Narcotics Leadership Act of 1988 (21 U.S.C.
1502a) is amended by adding at the end the following:
`(f) ASSISTANCE AND SUPPORT TO OFFICE OF NATIONAL DRUG CONTROL
POLICY- The Director of the Advanced Research Project Agency shall,
to the fullest extent possible, render assistance and support to
the Office of National Drug Control Policy and its Director.'.
(c) REPEAL AND REDESIGNATION- The National Narcotics Leadership
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) moving such section, as redesignated, so as to follow
section 1007.
SEC. 90205. SPECIAL FORFEITURE FUND AMENDMENTS.
(a) DEPOSITS INTO SPECIAL FORFEITURE FUND- Section 6073 of the
Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is amended
to read as follows:
`(b) DEPOSITS- There shall be deposited into the Fund the amounts
specified by section 524(c)(9) of title 28, United States Code, and
section 9307(g) of title 31, United States Code, and any earnings
on the investments authorized by subsection (d).'.
(b) TRANSFERS FROM DEPARTMENT OF JUSTICE ASSETS 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.
`(D) For the purpose of determining amounts available for
distribution at year end for any fiscal year, `excess
unobligated balance' means the unobligated balance of the
Fund generated by that fiscal year's operations, less any
amounts that are required to be retained in the Fund to
ensure the availability of amounts in the subsequent fiscal
year for purposes authorized under paragraph (1).'.
(c) TRANSFERS FROM DEPARTMENT OF THE TREASURY 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 $100,000,000.'; and
(2) in subparagraph (4)(A)--
(A) in clause (i) by striking `(i)'; and
(B) by striking clause (ii).
(d) SURPLUS FUNDS- Section 6073 of the Asset Forfeiture
Amendments Act of 1988 (21 U.S.C. 1509) is amended--
(1) by redesignating subsections (c), (d), (e), and (f), as
subsections (d), (e), (f), and (g), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
`(c) SUPER SURPLUS- (1) Any unobligated balance up to $20,000,000
remaining in the Fund on September 30 of a fiscal year shall be
available to the Director, subject to paragraph (2), to transfer
to, and for obligation and expenditure in connection with drug
control activities of, any Federal agency or State or local entity
with responsibilities under the National Drug Control Strategy.
`(2) A transfer may be made under paragraph (1) only with the
advance written approval of the Committees on Appropriations of
each House of Congress.'.
SEC. 90206. AUTHORIZATION OF APPROPRIATIONS.
Section 1011 of the National Narcotics Leadership Act of 1988 (21
U.S.C. 1508) is amended by striking `4' and inserting `8'.
SEC. 90207. ADEQUATE STAFFING OF THE OFFICE OF NATIONAL DRUG
CONTROL POLICY.
Section 1008(d)(1) of the National Narcotics Leadership Act of
1988 (21 U.S.C. 1502(d)(1)) is amended by striking `such' and
inserting `up to 75 and such additional'.
SEC. 90208. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY.
(a) REAUTHORIZATION- Section 1009 of the National Narcotics
Leadership Act of 1988 (21 U.S.C. 1506) is amended by striking `the
date which is 5 years after the date of the enactment of this
subtitle' and inserting `September 30, 1997'.
(b) CONTINUED EFFECTIVENESS- The National Narcotics Leadership
Act of 1988 (21 U.S.C. 1501 et seq.) shall be considered not to
have been repealed by operation of section 1009 of that Act, but
shall remain in effect as if the amendment made by subsection (a)
had been included in that Act on the date of its enactment.
TITLE X--DRUNK DRIVING PROVISIONS
SEC. 100001. SHORT TITLE.
This title may be cited as the `Drunk Driving Child Protection
Act of 1994'.
SEC. 100002. STATE LAWS APPLIED IN AREAS OF FEDERAL 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 addition to any term of imprisonment provided for
operating a motor vehicle under the influence of a drug or alcohol
imposed under the law of a State, territory, possession, or
district, the punishment for such an offense under this section
shall include an additional term of imprisonment of not more than 1
year, or if serious bodily injury of a minor is caused, not more
than 5 years, or if death of a minor is caused, not more than 10
years, and an additional fine of not more than $1,000, or both, if--
`(i) a minor (other than the offender) was present in the
motor vehicle when the offense was committed; and
`(ii) the law of the State, territory, possession, or
district in which the offense occurred does not provide an
additional term of imprisonment under the circumstances
described in clause (i).
`(B) For the purposes of subparagraph (A), the term `minor' means
a person less than 18 years of age.'.
SEC. 100003. DRIVING WHILE INTOXICATED PROSECUTION PROGRAM.
Section 501(b) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3751) is amended--
(1) by striking `and' at the end of paragraph (20);
(2) by striking the period at the end of paragraph (21) and
inserting `; and'; and
(3) by adding at the end the following new paragraph:
`(22) programs for the prosecution of driving while
intoxicated charges and the enforcement of other laws relating
to alcohol use and the operation of motor vehicles.'.
TITLE XI--FIREARMS
SUBTITLE A--ASSAULT WEAPONS
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:
`(v)(1) 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
construed 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
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
Kalashnikovs (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
`(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 or before the date of the enactment of this subsection.
`(3) This subsection shall not apply to--
`(A) the manufacture for, transfer to, or possession by the
United States or a department or agency of the United States or
a State or a department, agency, or political 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 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.'.
`(4) If a person charged with violating paragraph (1) asserts
that paragraph (1) does not apply to such person because of
paragraph (2) or (3), the Government shall have the burden of proof
to show that such paragraph (1) applies to such person. The lack of
a serial number as described in section 923(i) of title 18, United
States Code, shall be a presumption that the large capacity
ammunition feeding device is not subject to the prohibition of
possession in paragraph (1).'.
(b) DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE-
Section 921(a) of title 18, United States Code, as amended by
section 110102(b), is amended by adding at the end the following
new paragraph:
`(31) The term `large capacity ammunition feeding device'--
`(A) means a magazine, belt, drum, feed strip, or similar
device manufactured after the date of enactment of the Violent
Crime Control and Law Enforcement Act of 1994 that has a
capacity of, or that can be readily restored or converted to
accept, more than 10 rounds of ammunition; but
`(B) does not include an attached tubular device designed to
accept, and capable of operating only with, .22 caliber rimfire
ammunition.'.
(c) PENALTY- Section 924(a)(1)(B) of title 18, United States
Code, as amended by section 110102(c)(1), is amended by striking
`or (v)' and inserting `(v), or (w)'.
(d) IDENTIFICATION MARKINGS FOR LARGE CAPACITY AMMUNITION FEEDING
DEVICES- Section 923(i) of title 18, United States Code, as amended
by section 110102(d) of this Act, is amended by adding at the end
the following: `A large capacity ammunition 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 that date.
SEC. 110106. APPENDIX A TO SECTION 922 OF TITLE 18.
Section 922 of title 18, United States Code, is amended by adding
at the end the following appendix:
[BOLD->] `APPENDIX A [<-BOLD]
[BOLD->] CENTERFIRE RIFLES--AUTOLOADERS [<-BOLD]
[BOLD->] CENTERFIRE RIFLES--LEVER & SLIDE [<-BOLD]
[BOLD->] CENTERFIRE RIFLES--BOLT ACTION [<-BOLD]
[BOLD->] CENTERFIRE RIFLES--SINGLE SHOT [<-BOLD]
[BOLD->] DRILLINGS, COMBINATION GUNS, DOUBLE RIFLES [<-BOLD]
[BOLD->] RIMFIRE RIFLES--AUTOLOADERS [<-BOLD]
[BOLD->] RIMFIRE RIFLES--LEVER & SLIDE ACTION [<-BOLD]
[BOLD->] RIMFIRE RIFLES--BOLT ACTIONS & SINGLE SHOTS [<-BOLD]
[BOLD->] COMPETITION RIFLES--CENTERFIRE & RIMFIRE [<-BOLD]
[BOLD->] SHOTGUNS--AUTOLOADERS [<-BOLD]
[BOLD->] SHOTGUNS--SLIDE ACTIONS [<-BOLD]
[BOLD->] SHOTGUNS--OVER/UNDERS [<-BOLD]
[BOLD->] SHOTGUNS--SIDE BY SIDES [<-BOLD]
[BOLD->] SHOTGUNS--BOLT ACTIONS & SINGLE SHOTS [<-BOLD]
SUBTITLE B--YOUTH HANDGUN SAFETY
SEC. 110201. PROHIBITION OF THE POSSESSION OF A HANDGUN OR
AMMUNITION BY, OR THE PRIVATE TRANSFER OF A HANDGUN OR AMMUNITION
TO, A JUVENILE.
(a) OFFENSE- Section 922 of title 18, United States Code, as
amended by section 110103(a), is amended by adding at the end the
following new subsection:
`(x)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferor knows or has
reasonable cause to believe is a juvenile--
`(A) a handgun; or
`(B) ammunition that is suitable for use only in a handgun.
`(2) It shall be unlawful for any person who is a juvenile to
knowingly possess--
`(A) a handgun; or
`(B) ammunition that is suitable for use only in a handgun.
`(3) 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
ammunition by a juvenile if the handgun and ammunition are
possessed 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 handgun;
`(ii) with the prior written consent of the juvenile's
parent or guardian who is not prohibited by Federal, State,
or local law from possessing a firearm, except--
`(I) during transportation by the juvenile of an
unloaded handgun in a locked container directly from
the place of transfer to a place at which an activity
described in clause (i) is to take place and
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;
`(iii) the juvenile has the prior written consent in the
juvenile's possession at all times when a handgun is in the
possession of the juvenile; and
`(iv) in accordance with State and local law;
`(B) a juvenile who is a member of the Armed Forces of the
United States or the National Guard who possesses or is armed
with a handgun in the line of duty;
`(C) a transfer by inheritance of title (but not possession)
of a handgun or ammunition to a juvenile; or
`(D) the possession of a handgun or ammunition by a juvenile
taken in defense of the juvenile or other persons against an
intruder into the residence of the juvenile or a residence in
which the juvenile is an invited guest.
`(4) A handgun or ammunition, the possession of which is
transferred to a juvenile in circumstances in which the transferor
is not in violation of this subsection shall not be subject to
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--
`(I) the offense of which the juvenile is charged is
possession 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 similar
State law, but not including any other offense consisting of
conduct that if engaged in by an adult would not constitute an
offense) or adjudicated as a juvenile delinquent for conduct
that if engaged in by an adult would constitute an offense.
`(B) A person other than a juvenile who knowingly violates
section 922(x)--
`(i) shall be fined under this title, imprisoned not more
than 1 year, or both; and
`(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-
(1) SECTION 5031- Section 5031 of title 18, United States
Code, is amended by inserting `or a violation by such a person
of section 922(x)' before the period at the end.
(2) SECTION 5032- Section 5032 of title 18, United States
Code, is amended--
(A) in the first undesignated paragraph by inserting `or
(x)' after `922(p)'; and
(B) in the fourth undesignated paragraph by inserting `or
section 922(x) of this title,' before `criminal prosecution
on the basis'.
(d) TECHNICAL AMENDMENT OF THE JUVENILE JUSTICE AND DELINQUENCY
PREVENTION ACT OF 1974- Section 223(a)(12)(A) of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5633(a)(12)(A)) is amended by striking `which do not 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
Prevention, shall--
(1) 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 of
further 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 include a photograph and fingerprints of the individual with
the initial application.'.
SEC. 110302. COMPLIANCE WITH STATE AND LOCAL LAW AS A CONDITION TO
LICENSE.
Section 923(d)(1) of title 18, United States Code, is amended--
(1) by striking `and' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E) and
inserting `; and'; and
(3) by adding at the end the following new subparagraph:
`(F) the applicant certifies that--
`(i) the business to be conducted under the license is
not prohibited by State or local law in the place where the
licensed premise is located;
`(ii)(I) within 30 days after the application is approved
the business will comply with the requirements of State and
local law applicable to the conduct of the business; and
`(II) the business will not be conducted under the
license until the requirements of State and local law
applicable to the business have been met; and
`(iii) that the applicant has sent or delivered a form to
be prescribed by the Secretary, to the chief law
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 RECORDS.
Section 923(g)(1)(B)(ii) of title 18, United States Code, is
amended to read as follows:
`(ii) for ensuring compliance with the record keeping
requirements of this chapter--
`(I) 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 theft or loss of a
firearm from the licensee's inventory or collection, within 48
hours after the theft or loss is discovered, to the Secretary
and to the appropriate local authorities.'.
SEC. 110306. RESPONSES TO REQUESTS FOR INFORMATION.
Section 923(g) of title 18, United States Code, as amended by
section 110405, is amended by adding at the end the following new
paragraph:
`(7) Each licensee shall respond immediately to, and in no
event later than 24 hours after the receipt of, a request by
the Secretary for information contained in the records required
to be kept by this chapter as may be required for determining
the disposition of 1 or more firearms in the course of a bona
fide criminal investigation. The requested information shall be
provided orally or in writing, as the Secretary may require.
The Secretary shall implement a system whereby the licensee can
positively identify and establish that an individual requesting
information via telephone is employed by and authorized by the
agency to request such information.'.
SEC. 110307. NOTIFICATION OF NAMES AND ADDRESSES OF FIREARMS
LICENSEES.
Section 923 of title 18, United States Code, is amended by adding
at the end the following new subsection:
`(1) The Secretary of the Treasury shall notify the chief law
enforcement officer in the appropriate State and local
jurisdictions of the names and addresses of all persons in the
State to whom a firearms license is issued.'.
SUBTITLE D--DOMESTIC VIOLENCE
SEC. 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
person, the spouse of the person, a former spouse of the person, an
individual who is a parent of a child of the person, and an
individual who cohabitates or has cohabited with the person.'.
(b) PROHIBITION AGAINST DISPOSAL OF FIREARMS- Section 922(d) of
title 18, United States Code, is amended--
(1) by striking `or' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting `; or'; and
(3) by inserting after paragraph (7) the following new
paragraph:
`(8) is subject to a court order that restrains such person
from harassing, stalking, or threatening an intimate partner of
such person or child of such intimate partner or person, or
engaging in other conduct that would place an intimate partner
in reasonable fear of bodily injury to the partner or child,
except that this paragraph shall only apply to a court order
that--
`(A) was issued after a hearing of which such person
received actual notice, and at which such person had the
opportunity to participate; and
`(B)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate
partner or child; or
`(ii) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force against
such intimate partner or child that would reasonably be
expected to cause bodily injury.'.
(c) PROHIBITION AGAINST RECEIPT OF FIREARMS- Section 922(g) of
title 18, United States Code, is amended--
(1) by striking `or' at the end of paragraph (6);
(2) by inserting `or' at the end of paragraph (7); and
(3) by inserting after paragraph (7) the following:
`(8) who is subject to a court order that--
`(A) was issued after a hearing of which such person
received actual notice, and at which such person had an
opportunity to participate;
`(B) restrains such person from harassing, stalking, or
threatening an intimate partner of such person or child of
such intimate partner or person, or engaging in other
conduct that would place an intimate partner in reasonable
fear of bodily injury to the partner or child; and
`(C)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate
partner or child; or
`(ii) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force against
such intimate partner or child that would reasonably be
expected to cause bodily injury,'.
(d) STORAGE OF FIREARMS- Section 926(a) of title 18, United
States Code, is amended--
(1) by striking `and' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting `; and'; and
(3) by inserting after paragraph (2) the following:
`(3) regulations providing for effective receipt and secure
storage of firearms relinquished by or seized from persons
described in subsection (d)(8) or (g)(8) of section 922.'.
(e) RETURN OF FIREARMS- Section 924(d)(1) of title 18, United
States Code, is amended by striking `the seized' and inserting `or
lapse of or court termination of the restraining order to which he
is subject, the seized or relinquished'.
SUBTITLE E--GUN CRIME PENALTIES
SEC. 110501. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM
DURING A CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME.
(a) AMENDMENT TO SENTENCING GUIDELINES- Pursuant to its authority
under section 994 of title 28, United States Code, the United
States Sentencing Commission shall amend its sentencing guidelines
to provide an appropriate enhancement of the punishment for a crime
of violence (as defined in section 924(c)(3) of title 18, United
States Code) or a drug trafficking crime (as defined in section
924(c)(2) of title 18, United States Code) if a semiautomatic
firearm is involved.
(b) SEMIAUTOMATIC 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.
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 shall
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 previously 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:
`(j) A person who, with intent to engage in or to promote conduct
that--
`(1) is punishable under the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law
Enforcement Act (46 U.S.C. App. 1901 et seq.);
`(2) violates any law of a State relating to any controlled
substance (as defined in section 102 of the Controlled
Substances Act, 21 U.S.C. 802); or
`(3) constitutes a crime of violence (as defined in
subsection (c)(3),
smuggles or knowingly brings into the United States a firearm, or
attempts to do so, shall be imprisoned not more than 10 years,
fined under this title, or both.'.
SEC. 110504. THEFT OF FIREARMS AND EXPLOSIVES.
(a) FIREARMS- Section 924 of title 18, United States Code, as
amended by section 110203(a), is amended by adding at the end the
following new subsection:
`(k) A person who steals any firearm which is moving as, or is a
part of, or which has moved in, interstate or foreign commerce
shall be imprisoned for not more than 10 years, fined under this
title, or both.'.
(b) EXPLOSIVES- Section 844 of title 18, United States Code, is
amended by adding at the end the following new subsection:
`(k) A person who steals any explosives materials which are
moving as, or are a part of, or which have moved in, interstate or
foreign commerce shall be imprisoned for not more than 10 years,
fined under this title, or both.'.
SEC. 110505. REVOCATION OF SUPERVISED RELEASE AFTER 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 supervised release, and require the
defendant to serve in prison all or part of the term of
supervised release authorized by statute for the offense that
resulted in such term of supervised release without credit for
time previously served on postrelease 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 evidence that the defendant
violated a condition of supervised release, except that a
defendant whose term is revoked under this paragraph may not be
required to serve more than 5 years in prison if the offense
that resulted in the term of supervised release is a class A
felony, more than 3 years in prison if such offense is a class
B felony, more than 2 years in prison if such offense is a
class C or D felony, or more than one year in any other case;
or'; and
(3) by striking subsection (g) and inserting the following:
`(g) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED SUBSTANCE
OR FIREARM OR FOR REFUSAL TO COMPLY WITH DRUG TESTING- If the
defendant--
`(1) possesses a controlled substance in violation of the
condition set forth in subsection (d);
`(2) possesses a firearm, as such term is defined in section
921 of this title, in violation of Federal law, or otherwise
violates a condition of supervised release prohibiting the
defendant from possessing a firearm; or
`(3) refuses to comply with drug testing imposed as a
condition of supervised release;
the court shall revoke the term of supervised release and require
the defendant to serve a term of imprisonment not to exceed the
maximum term of imprisonment authorized under subsection (e)(3).
`(h) SUPERVISED RELEASE FOLLOWING REVOCATION- When a term of
supervised release is revoked and the defendant is required to
serve a term of imprisonment that is less than the maximum term of
imprisonment authorized under subsection (e)(3), the court may
include a requirement that the defendant be placed on a term of
supervised release after imprisonment. The length of such a term of
supervised release shall not exceed the term of supervised release
authorized by statute for the offense that resulted in the original
term of supervised release, less any term of imprisonment that was
imposed upon revocation of supervised release.
`(i) DELAYED REVOCATION- The power of the court to revoke a term
of supervised release for violation of a condition of supervised
release, and to order the defendant to serve a term of imprisonment
and, subject to the limitations in subsection (h), a further term
of supervised release, extends beyond the expiration of the term of
supervised release for any period reasonably necessary for the
adjudication of matters arising before its expiration if, before
its expiration, a warrant or summons has been issued on the basis
of an allegation of such a violation.'.
SEC. 110506. REVOCATION OF PROBATION.
(a) IN GENERAL- Section 3565(a) of title 18, United States Code,
is amended--
(1) in paragraph (2) by striking `impose any other sentence
that was available under subchapter A at the time of the
initial sentencing' and inserting `resentence the defendant
under subchapter A'; and
(2) by striking the last sentence.
(b) MANDATORY REVOCATION- Section 3565(b) of title 18, United
States Code, is amended to read as follows:
`(b) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED SUBSTANCE
OR FIREARM OR REFUSAL TO COMPLY WITH DRUG TESTING- If the defendant--
`(1) possesses a controlled substance in violation of the
condition set forth in section 3563(a)(3);
`(2) possesses a firearm, as such term is defined in section
921 of this title, in violation of Federal law, or otherwise
violates 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 MAKING FALSE, MATERIAL
STATEMENT IN CONNECTION WITH THE ACQUISITION OF A FIREARM FROM A
LICENSED DEALER.
Section 924(a) of title 18, United States Code, is amended--
(1) in subsection (a)(1)(B) by striking `(a)(6),'; and
(2) in subsection (a)(2) by inserting `(a)(6),' after
`subsections'.
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
violation of law; or
`(B) any unlawful involvement or use of the property was
without the claimant's knowledge, consent, or willful blindness,
the Secretary shall make an allowance to the claimant not exceeding
the value of the property destroyed.'.
SEC. 110510. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE.
(a) SECTION 924(e)(1) OF TITLE 18- Section 924(e)(1) of title 18,
United States Code, is amended by striking `, and such person shall
not be eligible for parole with respect to the sentence imposed
under this subsection'.
(b) SECTION 924(c)(1) OF TITLE 18- Section 924(c)(1) of title 18,
United States Code, is amended by striking `No person sentenced
under this subsection shall be eligible for parole during the term
of imprisonment imposed under this subsection.'.
SEC. 110511. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN
FIREARMS WHICH HAVE MOVED IN INTERSTATE OR FOREIGN COMMERCE.
Section 922(j) of title 18, United States Code, is amended to
read as follows:
`(j) It shall be unlawful for any person to receive, possess,
conceal, store, barter, sell, or dispose of any stolen firearm or
stolen ammunition, or pledge or accept as security for a loan 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 COUNTERFEITING OR
FORGERY.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall amend
its sentencing guidelines to provide an appropriate enhancement of
the punishment for a defendant convicted of a felony under chapter
25 of title 18, United States Code, if the defendant used or
carried a firearm (as defined in section 921(a)(3) of title 18,
United States Code) during and in relation to the felony.
SEC. 110513. ENHANCED PENALTIES FOR FIREARMS POSSESSION BY VIOLENT
FELONS AND SERIOUS DRUG OFFENDERS.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall amend
its sentencing guidelines to--
(1) appropriately enhance penalties in cases in which a
defendant convicted under section 922(g) of title 18, United
States Code, has 1 prior conviction by any court referred to in
section 922(g)(1) of title 18 for a violent felony (as defined
in section 924(e)(2)(B) of that title) or a serious drug
offense (as defined in section 924(e)(2)(A) of that title); and
(2) appropriately enhance penalties in cases in which such a
defendant has 2 prior convictions for a violent felony (as so
defined) or a serious drug 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);
(2) by striking the period at the end of paragraph (8) and
inserting `; and'; and
(3) by adding at the end the following new paragraph:
`(9) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, who does
not reside in any State to receive any firearms unless such
receipt is for lawful sporting purposes.'.
SEC. 110515. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE.
(a) FIREARMS- Section 924 of title 18, United States Code, as
amended by section 110504(a), is amended by adding at the end the
following new subsection:
`(l) 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:
`(l) 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 `licensee' and inserting `person'.
SEC. 110517. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING.
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 is a machinegun or
destructive device, or is equipped with a firearm silencer or
muffler, shall be imprisoned for any term of years or life.'.
(b) EXPLOSIVES- Section 844 of title 18, United States Code, as
amended by section 110515(b), is amended by adding at the end the
following new subsection:
`(m) A person who conspires to commit an offense under
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
combination of tungsten alloys, steel, iron, brass, bronze,
beryllium copper, or depleted uranium; or
`(ii) a full jacketed projectile larger than .22 caliber
designed and intended for use in a handgun and whose jacket
has a weight of more than 25 percent of the total weight
of the projectile.
`(C) The term `armor piercing ammunition' does not include
shotgun shot required by Federal or State environmental or game
regulations for hunting purposes, a frangible projectile
designed for target shooting, a projectile which the Secretary
finds is primarily intended to be used for sporting purposes,
or any other projectile or projectile core which the Secretary
finds is intended to be used for industrial purposes, including
a charge used in an oil and gas well perforating device.'.
TITLE XII--TERRORISM
SEC. 120001. EXTENSION OF THE STATUTE OF LIMITATION FOR 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:
`Sec. 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 (aircraft destruction), section 36 (airport violence), section
112 (assaults upon diplomats), section 351 (crimes against
Congressmen or Cabinet officers), section 1116 (crimes against
diplomats), section 1203 (hostage taking), section 1361 (willful
injury to government property), section 1751 (crimes against the
President), section 2280 (maritime violence), section 2281
(maritime platform violence), 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 paragraph:
`(8) To the extent permitted by international law, any foreign
vessel during a voyage having a scheduled departure from or arrival
in the United States with respect to an offense committed by or
against a national of the United States.'.
SEC. 120003. COUNTERFEITING UNITED STATES CURRENCY ABROAD.
(a) IN GENERAL- Chapter 25 of title 18, United States Code, is
amended by adding before section 471 the following new section:
`Sec. 470. Counterfeit acts committed outside the United States
`A person who, outside the United States, engages in the act of--
`(1) making, dealing, or possessing any counterfeit
obligation or other security of the United States; or
`(2) making, dealing, or possessing any plate, stone, or
other thing, or any part thereof, used to counterfeit such
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-
(1) CHAPTER ANALYSIS- The chapter analysis for chapter 25 of
title 18, United States Code, is amended by adding before
section 471 the following new item:
`470. Counterfeit acts committed outside the United States.'.
(2) PART ANALYSIS- The part analysis for part I of title 18,
United States Code, is amended by amending the item for chapter
25 to read as follows:
[Bold->] 470'. [<-Bold]
SEC. 120004. SENTENCING GUIDELINES INCREASE FOR TERRORIST CRIMES.
The United States Sentencing Commission is directed to amend its
sentencing guidelines to provide an appropriate enhancement for any
felony, whether committed within or outside the United States, that
involves or is intended to promote international terrorism, unless
such involvement or intent is itself an element of the crime.
SEC. 120005. PROVIDING MATERIAL SUPPORT TO TERRORISTS.
(a) OFFENSE- Chapter 113A of title 18, United States Code, is
amended by adding the following new section:
`Sec. 2339A. Providing material support to terrorists
`(a) DEFINITION- In this section, `material support or resources'
means currency or other financial securities, financial services,
lodging, training, safehouses, false documentation or
identification, communications equipment, facilities, weapons,
lethal substances, explosives, personnel, transportation, and other
physical assets, but does not include humanitarian assistance to
persons not directly involved in such violations.
`(b) OFFENSE- A person who, within the United States, 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 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-
`(1) 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 of this or any other
Federal criminal law; and
`(B) in the case of a group of individuals, the group
knowingly or intentionally engages, has engaged, or is
about to engage in the violation of this or any other
Federal criminal law.
`(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.'.
(b) TECHNICAL AMENDMENT- The chapter analysis for chapter 113A of
title 18, United States Code, is amended by adding the following
new item:
`2339A. Providing material support to terrorists.'.
TITLE XIII--CRIMINAL ALIENS AND IMMIGRATION ENFORCEMENT
SEC. 130001. ENHANCEMENT OF PENALTIES FOR FAILING TO DEPART, OR
REENTERING, AFTER FINAL ORDER OF 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), or (4) of' the first
time it appears; and
(2) by striking `shall be imprisoned not more than ten years'
and inserting `shall be imprisoned not more than four years, or
shall be imprisoned not more than ten years if the alien is a
member of any of the classes described in paragraph (1)(E),
(2), (3), or (4) of section 241(a).'.
(b) REENTRY- Section 276(b) of the Immigration and 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 involving drugs, crimes against
the person, or both, or'; and
(B) by striking `5' and inserting `10';
(2) in paragraph (2), by striking `15' and inserting `20'; and
(3) by adding at the end the following sentence:
`For the purposes of this subsection, the term `deportation'
includes any agreement in which an alien stipulates to deportation
during a criminal trial under either Federal or State law.'.
SEC. 130002. CRIMINAL ALIEN TRACKING CENTER.
(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) $3,900,000 for fiscal year 2000.
SEC. 130003. ALIEN WITNESS COOPERATION AND COUNTERTERROR- ISM
INFORMATION.
(a) ESTABLISHMENT OF NEW NONIMMIGRANT CLASSIFICATION- Section
101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended--
(1) by striking `or' at the end of subparagraph (Q),
(2) by striking the period at the end of subparagraph (R) and
inserting `; or', and
(3) by adding at the end the following new subparagraph:
`(S) subject to section 214(j), an alien--
`(i) who the Attorney General determines--
`(I) is in possession of critical reliable
information concerning a criminal organization or
enterprise;
`(II) is willing to supply or has supplied such
information to Federal or State law enforcement
authorities or a Federal or State court; and
`(III) whose presence in the United States the
Attorney 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 operation;
`(II) is willing to supply or has supplied such
information to Federal law enforcement authorities or a
Federal court;
`(III) will be or has been placed in danger as a
result of providing such information; and
`(IV) is eligible to receive a reward under section
36(a) of the State Department Basic Authorities Act of
1956,
and, if the Attorney 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
unmarried sons and daughters, and parents of an alien described
in clause (i) or (ii) if accompanying, or following to join,
the alien.'.
(b) CONDITIONS OF ENTRY-
(1) WAIVER OF GROUNDS FOR EXCLUSION- Section 212(d) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended
by inserting at the beginning the following new paragraph:
`(1) The Attorney General shall determine whether a ground for
exclusion exists with respect to a nonimmigrant described in
section 101(a)(15)(S). The Attorney General, in the Attorney
General's discretion, may waive the application of subsection (a)
(other than paragraph (3)(E)) in the case of a nonimmigrant
described in section 101(a)(15)(S), if the Attorney General
considers it to be in the national interest to do so. Nothing in
this section shall be regarded as prohibiting the Immigration and
Naturalization Service from instituting deportation proceedings
against an alien admitted as a nonimmigrant under section
101(a)(15)(S) for conduct committed after the alien's admission
into the United States, or for conduct or a condition that was not
disclosed to the Attorney General prior to the alien's admission as
a nonimmigrant under section 101(a)(15)(S).'.
(2) NUMERICAL LIMITATIONS; PERIOD OF ADMISSION; ETC- Section
214 of the Immigration and Nationality Act (8 U.S.C. 1184) is
amended by adding at the end the following new subsection:
`(j)(1) The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S)(i) in any fiscal year may
not exceed 100. The number of aliens who may be provided a visa as
nonimmigrants under section 101(a)(15)(S)(ii) in any fiscal year
may not exceed 25.
`(2) No alien may be admitted into the United States as such a
nonimmigrant more than 5 years after the date of the enactment of
this subsection.
`(3) The period of admission of an alien as such a nonimmigrant
may not exceed 3 years. Such period may not be extended by the
Attorney General.
`(4) As a condition for the admission, and continued stay in
lawful status, of such a nonimmigrant, the nonimmigrant--
`(A) shall report not less often than quarterly to the
Attorney General such information concerning the alien's
whereabouts and activities 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 waives the nonimmigrant's
right to contest, other than on the basis of an application for
withholding of deportation, any action for deportation of the
alien instituted before the alien obtains lawful permanent
resident status; and
`(D) shall abide by any other condition, limitation, or
restriction imposed by the Attorney General.
`(5) The Attorney General shall submit a report annually to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate concerning--
`(A) the number of such nonimmigrants admitted;
`(B) the number of successful criminal prosecutions or
investigations resulting from cooperation of such aliens;
`(C) the number of terrorist acts prevented or frustrated
resulting from cooperation of such aliens;
`(D) the number of such nonimmigrants whose admission or
cooperation has not resulted in successful criminal prosecution
or investigation or the prevention 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)(1) If, in the opinion of the Attorney General--
`(A) a nonimmigrant admitted into the United States under
section 101(a)(15)(S)(i) has supplied information described in
subclause (I) of such section; and
`(B) the provision of such information has substantially
contributed to the success of an authorized criminal
investigation or the prosecution of an individual described in
subclause (III) of that section,
the Attorney General may adjust the status of the alien (and the
spouse, married and unmarried sons and daughters, and parents of
the alien if admitted under that section) to that of an alien
lawfully admitted for permanent residence if the alien is not
described in section 212(a)(3)(E).
`(2) If, in the sole discretion of the Attorney General--
`(A) a nonimmigrant admitted into the United States under
section 101(a)(15)(S)(ii) has supplied information described in
subclause (I) of such section, and
`(B) the provision of such information has substantially
contributed to--
`(i) the prevention or frustration of an act of terrorism
against a United States person or United States property, or
`(ii) the success of an authorized criminal investigation
of, or the prosecution of, an individual involved in such
an act of terrorism, and
`(C) the nonimmigrant has received a reward under section
36(a) of the State Department Basic Authorities Act of 1956,
the Attorney General may adjust the status of the alien (and the
spouse, married and unmarried sons and daughters, and parents of
the alien if admitted under such section) to that of an alien
lawfully admitted for permanent residence if the alien is not
described in section 212(a)(3)(E).
`(3) Upon the approval of adjustment of status under paragraphs
(1) or (2), the Attorney General shall record the alien's lawful
admission for permanent residence as of the date of such approval
and the Secretary of State shall reduce by one the number of visas
authorized to be issued under sections 201(d) and 203(b)(4) for the
fiscal year then current.'.
(2) EXCLUSIVE MEANS OF ADJUSTMENT- Section 245(c) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)) is amended
by striking `or' before `(4)' and by inserting before the
period at the end the following: `; or (5) an alien who was
admitted as a nonimmigrant described in section 101(a)(15)(S)'.
(d) EXTENSION OF PERIOD OF DEPORTATION FOR CONVICTION OF A CRIME-
Section 241(a)(2)(A)(i)(I) of the Immigration and Nationality Act
(8 U.S.C. 1251(a)(2)(A)(i)(I)) is amended by inserting `(or 10
years in the case of an alien provided lawful permanent resident
status under section 245(i))' after `five years'.
SEC. 130004. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO
ARE NOT PERMANENT RESIDENTS.
(a) ELIMINATION OF ADMINISTRATIVE HEARING FOR CERTAIN CRIMINAL
ALIENS- Section 242A of the Immigration and Nationality Act (8
U.S.C. 1252a) is amended by adding at the end the following new
subsection:
`(b) DEPORTATION OF ALIENS WHO ARE NOT PERMANENT RESIDENTS-
`(1) The Attorney General may, in the case of an alien
described in paragraph (2), determine the deportability of such
alien under section 241(a)(2)(A)(iii) (relating to conviction
of an aggravated felony) and issue an order of deportation
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 this Act.
`(3) The Attorney General may not execute any order described
in paragraph (1) until 30 calendar days have passed from the
date that such order was issued, unless waived by the alien, i
n order that the alien has an opportunity to apply for
judicial 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
provide that--
`(A) the alien is given reasonable notice of the charges
and of the opportunity described in subparagraph (C);
`(B) the alien shall have the privilege of being
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 evidence and rebut the charges;
`(D) the determination of deportability is supported by
clear, convincing, and unequivocal evidence and a record is
maintained for judicial review; and
`(E) the final order of deportation is not entered by the
same person who issues the charges.'.
(b) LIMITED JUDICIAL REVIEW- Section 106 of the Immigration and
Nationality Act (8 U.S.C. 1105a) is amended--
(1) in the first sentence of subsection (a), by inserting `or
pursuant to section 242A' after `under section 242(b)';
(2) in subsection (a)(1) and subsection (a)(3), by inserting
`(including an alien described in section 242A)' after
`aggravated felony'; and
(3) by adding at the end the following new subsection:
`(d)(1) A petition for review or for habeas corpus on behalf of
an alien against whom a final order of deportation has been issued
pursuant to section 242A(b) may challenge only--
`(A) whether the alien is in fact the alien described in the
order;
`(B) whether the alien is in fact an alien described in
section 242A(b)(2);
`(C) whether the alien has been convicted of an aggravated
felony and such conviction has become final; and
`(D) whether the alien was afforded the procedures required
by section 242A(b)(5).
`(2) No court shall have jurisdiction to review any issue other
than an issue described in paragraph (1).'.
(c) TECHNICAL AMENDMENTS- Section 242A of the Immigration and
Nationality Act (8 U.S.C. 1252a) is amended--
(1) by amending the heading to read as follows:
`EXPEDITED DEPORTATION OF ALIENS CONVICTED OF COMMITTING AGGRAVATED
FELONIES';
(2) in subsection (a), as designated prior to enactment of
this Act, by striking `(a) IN GENERAL- ' and inserting the
following:
`(a) DEPORTATION OF CRIMINAL ALIENS-
`(1) IN GENERAL- ';
(3) in subsection (b), as designated prior to enactment of
this Act, by striking `(b) IMPLEMENTATION- ' and inserting `(2)
IMPLEMENTATION- ';
(4) by striking subsection (c);
(5) in subsection (d)--
(A) by striking `(d) EXPEDITED PROCEEDINGS- (1)' and
inserting `(3) EXPEDITED PROCEEDINGS- (A)'; and
(B) by striking `(2)' and inserting `(B)'; and
(6) in subsection (e)--
(A) by striking `(e) REVIEW- (1)' and inserting `(4)
REVIEW- (A)';
(B) by striking the second sentence; and
(C) by striking `(2)' and inserting `(B)'.
(d) EFFECTIVE DATE- The amendments made by this section shall
apply to all aliens against whom deportation proceedings are
initiated after the date of enactment of this Act.
SEC. 130005. EXPEDITIOUS DEPORTATION FOR DENIED ASYLUM APPLICANTS.
(a) IN GENERAL- The Attorney General may provide for the
expeditious adjudication of asylum claims and the expeditious
deportation of asylum applicants whose applications have been
finally denied, unless the applicant remains in an otherwise valid
nonimmigrant status.
(b) EMPLOYMENT AUTHORIZATION- Section 208 of the 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
authorization 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 BORDER CONTROLS.
(a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated for the Immigration and Naturalization Service to
increase the resources for the Border Patrol, the Inspections
Program, and the Deportation Branch to apprehend illegal aliens who
attempt clandestine entry into the United States or entry into the
United States with fraudulent documents or who remain in the
country after their nonimmigrant visas expire--
(1) $228,000,000 for fiscal year 1995;
(2) $185,000,000 for fiscal year 1996;
(3) $204,000,000 for fiscal year 1997; and
(4) $58,000,000 for fiscal year 1998.
Of the sums authorized in this section, all necessary funds shall,
subject to the availability of appropriations, be allocated to
increase the number of agent positions (and necessary support
personnel positions) in the Border Patrol by not less than 1,000
full-time equivalent positions in each of fiscal years 1995, 1996,
1997, and 1998 beyond the number funded as of October 1, 1994.
(b) REPORT- By September 30, 1996 and September 30, 1998, the
Attorney General shall report to the Congress on the programs
described in this section. The report shall include an evaluation
of the programs, an outcome-based measurement of performance, and
an analysis of the cost effectiveness of the additional resources
provided under this Act.
SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS.
(a) IN GENERAL- Subject to the availability 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
availability of appropriations, the Attorney General may--
(1) construct or contract for the construction of 2
Immigration and Naturalization Service Processing Centers to
detain criminal aliens; and
(2) provide for the detention and removal of such aliens.
(c) REPORT- By September 30, 1996, and September 30, 1998 the
Attorney General shall report to the Congress on the programs
referred to in subsections (a) and (b). The report shall include an
evaluation of the programs, an outcome-based measurement of
performance, and an analysis of the cost effectiveness of the
additional resources provided under this Act.
(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section--
(1) $55,000,000 for fiscal year 1995;
(2) $54,000,000 for fiscal year 1996;
(3) $49,000,000 for fiscal year 1997; and
(4) $2,000,000 for fiscal year 1998.
SEC. 130008. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE.
(a) IN GENERAL- Subject to subsection (b) and notwithstanding any
other provision of law, the Attorney General, in the discretion of
the Attorney General, may accept, hold, administer, and utilize
gifts of property and services (which may not include cash
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
voluntary departure under safeguards. Any property acquired
pursuant to this section shall be acquired in the name of the
United States.
(b) LIMITATION- The Attorney 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--
(1) in section 1541 by striking `not more than $500 or
imprisoned not more than one year' and inserting `under this
title, imprisoned not more than 10 years';
(2) in each of sections 1542, 1543, and 1544 by striking `not
more than $2,000 or imprisoned not more than five years' and
inserting `under this title, imprisoned not more than 10 years';
(3) in section 1545 by striking `not more than $2,000 or
imprisoned not more than three years' and inserting `under this
title, imprisoned not more than 10 years';
(4) in section 1546(a) by striking `five years' and inserting
`10 years';
(5) in section 1546(b) by striking `in accordance with this
title, or imprisoned not more than two years' and inserting
`under this title, imprisoned not more than 5 years'; and
(6) by adding at the end the following new section:
`Sec. 1547. Alternative imprisonment maximum for certain offenses
`Notwithstanding any other provision 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 facilitate an act of international
terrorism (as defined in section 2331) is 20 years.'.
(b) TECHNICAL AMENDMENT- The chapter analysis for chapter 75 of
title 18, United States Code, is amended by adding at the end the
following new item:
`1547. Alternative imprisonment maximum for certain offenses.'.
SEC. 130010. ASYLUM.
(a) FINDINGS- The Senate finds that--
(1) in the last decade applications for asylum have greatly
exceeded the original 5,000 annual limit provided in the
Refugee Act of 1980, with more than 150,000 asylum applications
filed in fiscal year 1993, and the backlog of cases growing to
340,000;
(2) this flood of asylum claims has swamped the system,
creating delays in the processing of applications of up to
several years;
(3) the delay in processing asylum claims due to the
overwhelming numbers has contributed to numerous problems,
including--
(A) an abuse of the asylum laws by fraudulent applicants
whose primary interest is obtaining work authority in the
United States while their claim languishes in the
backlogged asylum processing system;
(B) the growth of alien smuggling operations, often
involving organized crime;
(C) a drain on limited resources resulting from the high
cost of processing frivolous asylum claims through our
multilayered system; and
(D) an erosion of public support for asylum, which is a
treaty obligation.
(4) asylum, a safe haven protection for aliens abroad who
cannot return home, has been perverted by some aliens who use
asylum claims to circumvent our immigration and refugee laws
and procedures; and
(5) a comprehensive revision of our asylum law and procedures
is required to address these problems.
(b) POLICY- It is the sense of the Senate that--
(1) asylum is a process intended to protect aliens in the
United States who cannot safely return home;
(2) persons outside their country of nationality who have a
well-founded fear of persecution if they return should apply
for refugee status at one of our refugee processing offices
abroad; and
(3) the immigration, refugee and asylum laws of the United
States should be reformed to provide--
(A) a procedure for the expeditious exclusion of any
asylum applicant who arrives at a port-of-entry with
fraudulent documents, or no documents, and makes a
noncredible claim of asylum; and
(B) the immigration, refugee and asylum laws of the
United States should be reformed to provide for a
streamlined affirmative asylum processing system for asylum
applicants who make their application after they have
entered the United States.
TITLE XIV--YOUTH VIOLENCE
SEC. 140001. PROSECUTION AS ADULTS OF CERTAIN JUVENILES FOR CRIMES
OF VIOLENCE.
The 4th undesignated paragraph of section 5032 of title 18,
United States Code, is amended by striking `; however' and
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 `fifteenth'. 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 sentence
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 5037 (disposition after a finding of juvenile
delinquency) until'.
SEC. 140003. SEPARATION OF JUVENILE FROM ADULT OFFENDERS.
Section 5039 of title 18, United States Code, is amended by
inserting `, whether pursuant to an adjudication of delinquency or
conviction for an offense,' after `committed' the first place it
appears.
SEC. 140004. BINDOVER SYSTEM FOR CERTAIN VIOLENT JUVENILES.
Section 501(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3751), as amended by section 100003,
is amended--
(1) by striking `and' at the end of paragraph (21);
(2) by striking the period at the end of paragraph (22) and
inserting `; and'; and
(3) by adding at the end the following new paragraph:
`(23) programs that address the need for effective bindover
systems for the prosecution of violent 16- and 17-year-old
juveniles in courts with jurisdiction over adults for the
crimes of--
`(A) murder in the first degree;
`(B) murder in the second degree;
`(C) attempted murder;
`(D) armed robbery when armed with a firearm;
`(E) aggravated battery or assault when armed with a
firearm;
`(F) criminal sexual penetration when armed with a
firearm; and
`(G) drive-by shootings as described in section 36 of
title 18, United States Code.'.
SEC. 140005. AMENDMENT CONCERNING RECORDS OF CRIMES COMMITTED BY
JUVENILES.
Section 5038 of title 18, United States Code, is amended in
subsection (f) by adding `or whenever a juvenille has been found
guilty of committing an act after his 13th birthday which if
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. 140006. INCREASED PENALTIES FOR EMPLOYING 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
subsection:
`(c) Notwithstanding any other law, any person at least 21 years
of age who knowingly and intentionally--
`(1) employs, hires, uses, persuades, induces, entices, or
coerces a person under 18 years of age to violate this section;
or
`(2) employs, hires, uses, persuades, induces, entices, or
coerces a person under 18 years of age to assist in avoiding
detection or apprehension for any offense under this section by
any Federal, State, or local law enforcement official,
is punishable by a term of imprisonment, a fine, or both, up to
triple those authorized by section 401.'.
SEC. 140007. INCREASED PENALTIES FOR TRAVEL ACT CRIMES INVOLVING
VIOLENCE AND CONSPIRACY TO COMMIT CONTRACT KILLINGS.
(a) TRAVEL ACT PENALTIES- Section 1952(a) of title 18, United
States Code, is amended by striking `and thereafter performs or
attempts to perform any of the acts specified in subparagraphs (1),
(2), and (3), shall be fined not more than $10,000 or imprisoned
for not more than five years, or both.' and inserting `and
thereafter performs or attempts to perform--
`(A) an act described in paragraph (1) or (3) shall be fined
under this title, imprisoned not more than 5 years, or both; or
`(B) an act described in paragraph (2) shall be fined under
this title, imprisoned for not more than 20 years, or both, and
if death results shall be imprisoned for any term of years or
for life.'.
(b) MURDER CONSPIRACY PENALTIES- Section 1958(a) of title 18,
United States Code, is amended by inserting `or who conspires to do
so' before `shall be fined' the first place it appears.
SEC. 140008. SOLICITATION OF MINOR TO COMMIT CRIME.
(a) DIRECTIVE TO SENTENCING COMMISSION- (1) The United States
Sentencing Commission shall promulgate guidelines or amend existing
guidelines to provide that a defendant 21 years of age or older who
has been convicted of an offense shall receive an appropriate
sentence enhancement if the defendant involved a minor in the
commission of the offense.
(2) The Commission shall provide that the guideline enhancement
promulgated pursuant to paragraph (1) shall apply for any offense
in relation to which the defendant has solicited, procured,
recruited, counseled, encouraged, trained, directed, commanded,
intimidated, or otherwise used or attempted to use any person less
than 18 years of age with the intent that the minor would commit a
Federal offense.
(b) RELEVANT CONSIDERATIONS- In implementing the directive in
subsection (a), the Sentencing Commission shall consider--
(1) the severity of the crime that the defendant intended the
minor to commit;
(2) the number of minors that the defendant used or attempted
to use in relation to the offense;
(3) the fact that involving a minor in a crime of violence is
frequently of even greater seriousness than involving a minor
in a drug trafficking offense, for which the guidelines already
provide a two-level enhancement; and
(4) the possible relevance of the proximity in age between
the offender and the minor(s) involved in the offense.
TITLE XV--CRIMINAL STREET GANGS
SEC. 150001. CRIMINAL STREET GANGS.
(a) IN GENERAL- Part I of title 18, United States Code, is
amended by inserting after chapter 25 the following new chapter:
[BOLD->] `CHAPTER 26--CRIMINAL STREET GANGS [<-BOLD]
`Sec. 521. Criminal street gangs
`(a) DEFINITIONS-
`conviction' includes a finding, under State or Federal law,
that a person has committed an act of juvenile delinquency
involving a violent or controlled substances felony.
`criminal street gang' means an ongoing group, club,
organization, or association of 5 or more persons--
`(A) that has as 1 of its primary purposes the 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 offense
described in subsection (c) shall be increased by up to 10 years if
the offense is committed under the circumstances described in
subsection (d).
`(c) OFFENSES- The offenses described in this section are--
`(1) a Federal felony involving a controlled substance (as
defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)) for which the maximum penalty is not less than 5
years;
`(2) a Federal felony crime of violence that has as an
element the use or attempted use of physical force against the
person of another; and
`(3) a conspiracy to commit an offense described in paragraph
(1) or (2).
`(d) CIRCUMSTANCES- The circumstances described in this section
are that the offense described in subsection (c) was committed by a
person who--
`(1) participates in a criminal street gang with knowledge
that its members engage in or have engaged in a continuing
series of offenses described in subsection (c);
`(2) intends to promote or further the felonious activities
of the criminal street gang or maintain or increase his or her
position in the gang; and
`(3) has been convicted within the past 5 years for--
`(A) an offense described in subsection (c);
`(B) a State offense--
`(i) involving a controlled substance (as defined in
section 102 of the Controlled Substances Act (21 U.S.C.
802)) for which the maximum penalty is not less than 5
years' imprisonment; or
`(ii) that is a felony crime of violence that has as
an element the use or attempted use of physical force
against the person of another;
`(C) any Federal or State felony offense that by its
nature involves a substantial risk that physical force
against the person of another may be used in the course of
committing the offense; or
`(D) a conspiracy to commit an offense described in
subparagraph (A), (B), or (C).'.
(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:
521'.
SEC. 150002. ADULT PROSECUTION OF SERIOUS JUVENILE OFFENDERS.
Section 5032 of title 18, United States Code, is amended--
(1) in the first undesignated paragraph by striking `922(p)'
and inserting `924(b), (g), or (h)';
(2) in the fourth undesignated paragraph by inserting `or in
section 924(b), (g), or (h) of this title,' before `criminal
prosecution' the first place it appears; and
(3) in the fifth undesignated paragraph by adding at the end
the following: `In considering the nature of the offense, as
required by this paragraph, the court shall consider the extent
to which the juvenile played a leadership role in an
organization, or otherwise influenced other persons to take
part in criminal activities, involving the use or distribution
of controlled substances or firearms. Such a factor, if found
to exist, shall weigh in favor of a transfer to adult status,
but the absence of this factor shall not preclude such a
transfer.'.
SEC. 150003. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING OBJECTIVE.
Section 501(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3751(4)), as amended by section
140004, is amended--
(1) by striking `and' at the end of paragraph (22);
(2) by striking the period at the end of paragraph (23) and
inserting `; and'; and
(3) by adding at the end the following new paragraph:
`(24) law enforcement and prevention programs relating to
gangs, or to youth who are involved or at risk of involvement
in gangs.'.
SEC. 150006. MENTORING PROGRAM.
Section 288C of part G of title II of the Juvenile Justice and
Delinquency Prevention Act of 1974 is amended to read as follows:
`REGULATIONS AND GUIDELINES
`SEC. 288C. (a) PROGRAM GUIDELINES- The Administrator shall issue
program guidelines to implement this part. The program guidelines
shall be effective only after a period for public notice and comment.
`(b) MODEL SCREENING GUIDELINES- The Administrator shall develop
and distribute to program participants specific model guidelines
for the screening of prospective program mentors.'.
SEC. 150007. JUVENILE ANTI-DRUG AND ANTI-GANG GRANTS IN FEDERALLY
ASSISTED LOW-INCOME HOUSING.
Grants authorized in this Act to reduce or prevent juvenile drug
and gang-related activity in `public housing' may be used for such
purposes in federally assisted, low-income housing.
SEC. 150008. GANG INVESTIGATION COORDINATION AND INFORMATION
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 develop a national strategy to
coordinate gang-related investigations by Federal law enforcement
agencies.
(b) DATA COLLECTION- The Director of the Federal Bureau of
Investigation shall acquire and collect information on incidents of
gang violence for inclusion in an annual uniform crime report.
(c) REPORT- The Attorney General shall prepare a report on
national gang violence outlining the strategy developed under
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 $1,000,000 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
section:
`Sec. 2258. Production of sexually explicit depictions of a minor
for importation into the United States
`(a) USE OF MINOR- A person who, outside the United States,
employs, uses, persuades, induces, entices, or coerces any minor to
engage in, or who has a minor assist any other person to engage in,
or who transports any minor with the intent that the minor engage
in any sexually explicit conduct for the purpose of producing any
visual depiction of such conduct, intending that the visual
depiction will be imported into the United States or into waters
within 12 miles of the coast of the United States, shall be
punished as provided in subsection (c).
`(b) USE OF VISUAL DEPICTION- A person who, outside the United
States, knowingly receives, transports, ships, distributes, sells,
or possesses with intent to transport, ship, sell, or distribute
any visual depiction of a minor engaging in sexually explicit
conduct (if the production of the visual depiction involved the use
of a minor engaging in sexually explicit conduct), intending that
the visual depiction will be imported into the United States or
into waters within a distance of 12 miles of the coast of the
United States, shall be punished as provided in subsection (c).
`(c) PENALTIES- A person who violates subsection (a) or (b), or
conspires or attempts to do so--
`(1) shall be fined under this title, imprisoned not more
than 10 years, or both; and
`(2) if the person has a prior conviction under this chapter
or chapter 109A, shall be fined under this title, imprisoned
not more than 20 years, or both.'.
(b) TECHNICAL AMENDMENT-
(1) CHAPTER ANALYSIS- The chapter analysis for chapter 110 of
title 18, United States Code, is amended by adding at the end
the following new item:
`2258. Production of sexually explicit depictions of a minor for
importation into the United States.'.
(2) FINE PROVISIONS- Section 2251(d) of title 18, United
States Code, is amended--
(A) by striking `not more than $100,000, or' and
inserting `under this title,';
(B) by striking `not more than $200,000, or' and
inserting `under this title,'; and
(C) by striking `not more than $250,000' and inserting
`under this title'.
(c) SECTION 2251 PENALTY ENHANCEMENT- Section 2251(d) of title
18, United States Code, is amended by striking `this section' the
second place it appears and inserting `this chapter or chapter 109A'.
(d) SECTION 2252 PENALTY ENHANCEMENT- Section 2252(b)(1) of title
18, United States Code, is amended by striking `this section' and
inserting `this chapter or chapter 109A'.
(e) CONSPIRACY AND ATTEMPT- Sections 2251(d) and 2252(b) of title
18, United States Code, are each amended by inserting `, or
attempts or conspires to violate,' after `violates' each place it
appears.
(f) RICO AMENDMENT- Section 1961(l) of title 18, United States
Code, is amended by striking `2251-2252' and inserting `2251,
2251A, 2252, and 2258'.
(g) TRANSPORTATION OF MINORS- Section 2423 of title 18, United
States Code, is amended--
(1) by striking `(a) Whoever' and inserting `(a)
TRANSPORTATION WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL
ACTIVITY- A person who'; and
(2) by adding at the end the following new subsection:
`(b) TRAVEL WITH INTENT TO ENGAGE IN SEXUAL ACT WITH A JUVENILE-
A person who travels in interstate commerce, or conspires to do so,
or a United States citizen or an alien admitted for permanent
residence in the United States who travels in foreign commerce, or
conspires to do so, for the purpose of engaging in any 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.'.
SEC. 160002. SENSE OF CONGRESS CONCERNING STATE LEGISLATION
REGARDING CHILD PORNOGRAPHY.
It is the sense of the Congress that each State that has not yet
done so should enact legislation prohibiting the production,
distribution, receipt, or simple possession of materials depicting
a person under 18 years of age engaging in sexually explicit
conduct (as defined in section 2256 of title 18, United States
Code) and providing for a maximum imprisonment of at least 1 year
and 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 2256 OF TITLE 18, 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 Justice did not accurately
reflect the intent of Congress in arguing that `the videotapes in
[the Knox case] constitute `lascivious exhibition[s] of the
genitals or pubic area' only if those body parts are visible in the
tapes and the minors posed or acted lasciviously.'.
TITLE XVII--CRIMES AGAINST CHILDREN
SUBTITLE A--JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY
VIOLENT OFFENDER REGISTRATION ACT
SEC. 170101. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL-
(1) STATE GUIDELINES- The Attorney General shall establish
guidelines for State programs that require--
(A) a person who is convicted of a criminal offense
against a victim who is a minor or who is convicted of a
sexually violent offense to register a current address with
a designated State law enforcement agency for the time
period specified in subparagraph (A) of subsection (b)(6);
and
(B) a person who is a sexually violent predator to
register a current address with a designated State law
enforcement agency unless such requirement is terminated
under subparagraph (B) of subsection (b)(6).
(2) COURT DETERMINATION- A determination that a person is a
sexually violent predator and a determination that a person is
no longer a sexually violent predator shall be made by the
sentencing court after receiving a report by a State board
composed of experts in the field of the behavior and treatment
of sexual offenders.
(3) DEFINITIONS- For purposes of this section:
(A) The term `criminal offense against a victim who is a
minor' means any criminal offense that consists of--
(i) kidnapping of a minor, except by a parent;
(ii) false imprisonment of a minor, except by a parent;
(iii) criminal sexual conduct toward a minor;
(iv) solicitation of a minor to engage in sexual
conduct;
(v) use of a minor in a sexual performance;
(vi) solicitation of a minor to practice prostitution;
(vii) any conduct that by its nature is a sexual
offense against a minor; or
(viii) 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
(II) chooses to include such an offense in those which are
criminal offenses against a victim who is a minor for the purposes
of this section.
For purposes of this subparagraph conduct which is criminal
only because of the age of the victim shall not be
considered a criminal offense if the perpetrator is 18
years of age or younger.
(B) The term `sexually violent offense' means any
criminal offense that consists of aggravated sexual abuse
or sexual abuse (as described in sections 2241 and 2242 of
title 18, United States Code, or as described in the State
criminal code) or an offense that has as its elements
engaging in physical contact with another person with
intent to commit aggravated sexual abuse or sexual abuse
(as described in such sections of title 18, United States
Code, or as described in the State criminal code).
(C) The term `sexually violent predator' means a person
who has been convicted of a sexually violent offense and
who suffers from a mental abnormality or personality
disorder that makes the person likely to engage in
predatory sexually violent offenses.
(D) The term `mental abnormality' means a congenital or
acquired condition of a person that affects the emotional
or volitional capacity of the person in a manner that
predisposes that person to the commission of criminal
sexual acts to a degree that makes the person a menace to
the health and safety of other persons.
(E) The term `predatory' means an act directed at a
stranger, or a person with whom a relationship has been
established or promoted for the primary purpose of
victimization.
(b) REGISTRATION REQUIREMENT UPON RELEASE, PAROLE, SUPERVISED
RELEASE, OR PROBATION- An approved State registration program
established under this section shall contain the following elements:
(1) DUTY OF STATE PRISON OFFICIAL OR COURT-
(A) If a person who is required to register under this
section is released from prison, or placed on parole,
supervised release, or probation, a State prison officer,
or in the case of probation, the court, shall--
(i) inform the person of the duty to register and
obtain the information required for such registration;
(ii) inform the person that if the person changes
residence address, the person shall give the new
address to a designated State law enforcement agency in
writing within 10 days;
(iii) inform the person that if the person changes
residence to another State, the person shall register
the new address with the law enforcement agency with
whom the person last registered, and the person is also
required to register with a designated law 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;
(iv) obtain fingerprints and a photograph of the
person if these have not already been obtained in
connection with the offense that triggers registration;
and
(v) require the person to read and sign a form
stating that the duty of the person to register under
this section has been explained.
(B) In addition to the requirements of subparagraph (A),
for a person required to register under subparagraph (B) of
subsection (a)(1), the State prison officer or the court,
as the case may be, shall obtain the name of the person,
identifying factors, anticipated future residence, offense
history, and documentation of any treatment received for
the mental abnormality or personality disorder of the person.
(2) TRANSFER OF INFORMATION TO STATE AND THE FBI- The
officer, or in the case of a person placed on probation, the
court, shall, within 3 days after receipt of information
described in paragraph (1), forward it to a designated State
law enforcement agency. The State law enforcement agency shall
immediately enter the information into the appropriate State
law enforcement record system and notify the appropriate law
enforcement agency having jurisdiction where the person expects
to reside. The State law enforcement agency shall also
immediately transmit the conviction data and fingerprints to
the Federal Bureau of Investigation.
(3) VERIFICATION-
(A) For a person required to register under subparagraph
(A) of subsection (a)(1), on each anniversary of the
person's initial registration date during the period in
which the person is required to register under this section
the following applies:
(i) The designated State law enforcement agency shall
mail a nonforwardable verification form to the last
reported address of the person.
(ii) The person shall mail the verification form to
the designated State law enforcement agency within 10
days after receipt of the form.
(iii) The verification form shall be signed by the
person, and state that the person still resides at the
address last reported to the designated State law
enforcement agency.
(iv) If the person fails to mail the verification
form to the designated State law enforcement agency
within 10 days after receipt of the form, the person
shall be in violation of this section unless the person
proves that the person has not changed the residence
address.
(B) The provisions of subparagraph (A) shall be applied
to a person required to register under subparagraph (B) of
subsection (a)(1), except that such person must verify the
registration every 90 days after the date of the initial
release or commencement of parole.
(4) NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGES
IN ADDRESS- A change of address by a person required to
register under this section reported to the designated State
law enforcement agency shall be immediately reported to the
appropriate law enforcement agency having jurisdiction where
the person is residing. The designated law enforcement agency
shall, if the person changes residence to another State, notify
the law enforcement agency with which the person must register
in the new State, if the new State has a registration
requirement.
(5) REGISTRATION FOR CHANGE OF ADDRESS TO ANOTHER STATE- A
person who has been convicted of an offense which requires
registration under this section 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.
(6) LENGTH OF REGISTRATION-
(A) A person required to register under subparagraph (A)
of subsection (a)(1) shall continue to comply with this
section until 10 years have elapsed since the person was
released from prison, placed on parole, supervised release,
or probation.
(B) The requirement of a person to register under
subparagraph (B) of subsection (a)(1) shall terminate upon
a determination, made in accordance with paragraph (2) of
subsection (a), that the person no longer suffers from a
mental abnormality or personality disorder that would make
the person likely to engage in a predatory sexually violent
offense.
(c) PENALTY- A person required to register under a State program
established pursuant to this section who knowingly fails to so
register and keep such registration current shall be subject to
criminal penalties in any State in which the person has so failed.
(d) RELEASE OF INFORMATION- The information collected under a
State registration program shall be treated as private data expect
that--
(1) such information may be disclosed to law enforcement
agencies for law enforcement purposes;
(2) such information may be disclosed to government agencies
conducting confidential background checks; and
(3) the designated State law enforcement agency and any local
law enforcement agency authorized by the State agency may
release relevant information that is necessary to protect the
public concerning a specific person required to register under
this section, except that the identity of a victim of an
offense that requires registration under this section shall not
be released.
(e) IMMUNITY FOR GOOD FAITH CONDUCT- Law enforcement agencies,
employees of law enforcement agencies, and State officials shall be
immune from liability for good faith conduct under this section.
(f) COMPLIANCE-
(1) COMPLIANCE DATE- Each State shall have not more than 3
years from the date of enactment of this Act in which to
implement this section, except that the Attorney General may
grant an additional 2 years to a State that is making good
faith efforts to implement this section.
(2) INELIGIBILITY FOR FUNDS-
(A) A State that fails to implement the program as
described in this section shall not receive 10 percent of
the funds that would otherwise be allocated to the State
under section 506 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3765).
(B) REALLOCATION OF FUNDS- Any funds that are not
allocated for failure to comply with this section shall be
reallocated to States that comply with this section.
SUBTITLE B--ASSAULTS AGAINST CHILDREN
SEC. 170201. ASSAULTS AGAINST CHILDREN.
(a) SIMPLE ASSAULT- Section 113(e) of title 18, United States
Code, is amended by inserting `, or if the victim of the assault is
an individual who has not attained the age of 16 years, by fine
under this title or imprisonment for not more than 1 year, or both'
before the period.
(b) ASSAULTS RESULTING IN SUBSTANTIAL BODILY INJURY- Section 113
of title 18, United States Code, is amended by adding at the end
the following:
`(7) Assault resulting in substantial bodily injury to an
individual who has not attained the age of 16 years, by fine
under this title or imprisonment for not more than 5 years, or
both.'.
(c) TECHNICAL AND STYLISTIC CHANGES TO SECTION 113- Section 113
of title 18, United States Code, is amended--
(1) in paragraph (b), by striking `of not more than $3,000'
and inserting `under this title';
(2) in paragraph (c), by striking `of not more than $1,000'
and inserting `under this title';
(3) in paragraph (d), by striking `of not more than $500' and
inserting `under this title';
(4) by modifying the left margin of each of paragraphs (a)
through (f) so that they are indented 2 ems;
(5) by redesignating paragraphs (a) through (f) as paragraphs
(1) through (6); and
(6) by inserting `(a)' before `Whoever'.
(d) DEFINITIONS- Section 113 of title 18, United States Code, is
amended by adding at the end the following:
`(b) As used in this subsection--
`(1) the term `substantial bodily injury' means bodily injury
which involves--
`(A) a temporary but substantial disfigurement; or
`(B) a temporary but substantial loss or impairment of
the function of any bodily member, organ, or mental
faculty; and
`(2) the term `serious bodily injury' has the meaning given
that term in section 1365 of this title.'.
(e) ASSAULTS IN INDIAN COUNTRY- Section 1153(a) of title 18,
United States Code, is amended by inserting `(as defined in section
1365 of this title), an assault against an individual who has not
attained the age of 16 years' after `serious bodily injury'.
SUBTITLE C--MISSING AND EXPLOITED CHILDREN
SEC. 170301. SHORT TITLE.
This subtitle may be cited as the `Morgan P. Hardiman Task Force
on Missing and Exploited Children Act'.
SEC. 170302. PURPOSE.
The purpose of this subtitle is to establish a task force
comprised of law enforcement officers from pertinent Federal
agencies to work with the National Center for Missing and Exploited
Children (referred to as the `Center') and coordinate the provision
of Federal law enforcement resources to assist State and local
authorities in investigating the most difficult cases of missing
and exploited children.
SEC. 170303. ESTABLISHMENT OF TASK FORCE.
Title IV of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5771 et seq.) is amended--
(1) by redesignating sections 407 and 408 as sections 408 and
409, respectively; and
(2) by inserting after section 406 the following new section:
`TASK FORCE
`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 of
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 1-year
term, and may be selected to a renewal of service for 1
additional year; thereafter, each new member to serve on the
Task Force shall serve for a 2-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-
`(1) IN GENERAL- The Administrator of the General Services
Administration, in coordination with the heads of the agencies
described in subsection (b)(1), shall provide the Task Force
office space and administrative and support services, such
office space to be in close proximity to the office of the
Center, so as to enable the Task Force to coordinate its
activities with that of the Center on a day-to-day basis.
`(2) LEGAL GUIDANCE- The Attorney General shall assign an
attorney to provide legal guidance, as needed, to members of
the Task Force.
`(d) PURPOSE-
`(1) IN GENERAL- The purpose of the Task Force shall be to
make available the combined resources and expertise of the
agencies described in paragraph (1) to assist State and local
governments in the most difficult missing and exploited child
cases nationwide, as identified by the chief of the Task Force
from time to time, in consultation with the Center, and as many
additional cases as resources permit, including the provision
of assistance to State and local investigators on location in
the field.
`(2) TECHNICAL ASSISTANCE- The role of the Task Force in any
investigation shall be to provide advice and technical
assistance and to make available the resources of the agencies
described in subsection (b)(1); the Task Force shall not take a
leadership role in any such investigation.
`(e) CROSS-DESIGNATION OF TASK FORCE MEMBERS- The Attorney
General may cross-designate the members of the Task Force with
jurisdiction to enforce Federal law related to child abduction to
the extent necessary to accomplish the purposes of this section.'.
TITLE XVIII--RURAL CRIME
SUBTITLE A--DRUG TRAFFICKING IN RURAL AREAS
SEC. 180101. AUTHORIZATIONS FOR RURAL LAW ENFORCEMENT AGENCIES.
(a) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a)(9) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 is
amended to read as follows:
`(9) There are authorized to be appropriated to carry out part O--
`(A) $24,000,000 for fiscal year 1996;
`(B) $40,000,000 for fiscal year 1997;
`(C) $50,000,000 for fiscal year 1998;
`(D) $60,000,000 for fiscal year 1999; and
`(E) $66,000,000 for fiscal year 2000.'.
(b) AMENDMENT TO BASE ALLOCATION- Section 1501(a)(2)(A) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 is
amended by striking `$100,000' and inserting `$250,000'.
(c) CLARIFICATION- Section 1501(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. Sec.
3796bb(b)) is amended by inserting `, based on the decennial
census of 1990 through fiscal year 1997' before the period.
SEC. 180102. RURAL CRIME AND DRUG ENFORCEMENT TASK FORCES.
(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 agencies.
(b) 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.
SEC. 180103. RURAL DRUG ENFORCEMENT TRAINING.
(a) SPECIALIZED TRAINING FOR RURAL OFFICERS- The Director of the
Federal Law Enforcement Training Center shall develop a specialized
course of instruction devoted to training law enforcement officers
from rural agencies in the investigation of drug trafficking and
related crimes.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out subsection (a)--
(1) $1,000,000 for fiscal year 1996;
(2) $1,000,000 for fiscal year 1997;
(3) $1,000,000 for fiscal year 1998;
(4) $1,000,000 for fiscal year 1999; and
(5) $1,000,000 for fiscal year 2000.
SEC. 180104. MORE AGENTS FOR THE DRUG ENFORCEMENT ADMINISTRATION.
There are authorized to be appropriated for the hiring of
additional Drug Enforcement Administration agents--
(1) $12,000,000 for fiscal year 1996;
(2) $20,000,000 for fiscal year 1997;
(3) $30,000,000 for fiscal year 1998;
(4) $40,000,000 for fiscal year 1999; and
(5) $48,000,000 for fiscal year 2000.
SUBTITLE B--DRUG FREE TRUCK STOPS AND SAFETY REST AREAS
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 commerce (as defined in that section); and
`(B) is located within 2,500 feet of the National System
of Interstate and Defense Highways or the Federal-Aid
Primary System.
`(b) FIRST OFFENSE- A person who violates section 401(a)(1) or
section 416 by distributing or possessing with intent to distribute
a controlled substance in or on, or within 1,000 feet of, a truck
stop or safety rest area is (except as provided in subsection (b))
subject to--
`(1) twice the maximum punishment authorized by section
401(b); and
`(2) twice any term of supervised release authorized by
section 401(b) for a first offense.
`(c) SUBSEQUENT OFFENSE- A person who violates section 401(a)(1)
or section 416 by distributing or possessing with intent to
distribute a controlled substance in or on, or within 1,000 feet
of, a truck stop or a safety rest area after a prior conviction or
convictions under subsection (a) have become final is subject to--
`(1) 3 times the maximum punishment authorized by section
401(b); and
`(2) 3 times any term of supervised release authorized by
section 401(b) for a first offense.'.
(2) TECHNICAL AMENDMENTS-
(A) CROSS REFERENCE- Section 401(b) of the Controlled
Substances Act (21 U.S.C. 841(b)) is amended by inserting
`409,' before `418,' each place it appears.
(B) TABLE OF CONTENTS- The table of contents of the
Comprehensive Drug Abuse Prevention and Control Act of 1970
is amended by striking the item relating to section 409 and
inserting the following new item:
`Sec. 409. Transportation safety offenses.'.
(c) SENTENCING GUIDELINES- Pursuant to its authority under
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 1994 for anti-crime initiatives as
a result of any legislative or administrative actions; and
(3) to the maximum extent possible, funding for the Edward
Byrne Memorial State and Local Law Enforcement Assistance
Program should be maintained at its fiscal year 1994 level.
TITLE XIX--FEDERAL LAW ENFORCEMENT
SEC. 190001. FEDERAL JUDICIARY AND FEDERAL LAW ENFORCEMENT.
(a) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE FEDERAL
JUDICIARY-
FEDERAL JUDICIARY- There are authorized to be appropriated
for the activities of the Federal Judiciary to help meet the
increased demands for judicial activities, including supervised
release, pre-trial and probation services, that will result
from enactment into law of this Act--
(A) $30,000,000 for fiscal year 1996;
(B) $35,000,000 for fiscal year 1997;
(C) $40,000,000 for fiscal year 1998;
(D) $40,000,000 for fiscal year 1999; and
(E) $55,000,000 for fiscal year 2000.
(b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE DEPARTMENT
OF JUSTICE- There is authorized to be appropriated for the
activities and agencies of the Department of Justice, in addition
to sums authorized elsewhere in this section, to help meet the
increased demands for Department of Justice activities that will
result from enactment into law of this Act--
(A) $40,000,000 for fiscal year 1996;
(B) $40,000,000 for fiscal year 1997;
(C) $40,000,000 for fiscal year 1998;
(D) $40,000,000 for fiscal year 1999; and
(E) $39,000,000 for fiscal year 2000.
(c) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE FEDERAL
BUREAU OF INVESTIGATION- There is authorized to be appropriated for
the activities of the Federal Bureau of Investigation, to help
meet the increased demands for Federal Bureau of Investigation
activities that will result from enactment into law of this Act--
(A) $35,000,000 for fiscal year 1996;
(B) $40,000,000 for fiscal year 1997;
(C) $50,000,000 for fiscal year 1998;
(D) $60,000,000 for fiscal year 1999; and
(E) $60,000,000 for fiscal year 2000.
(d) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR UNITED STATES
ATTORNEYS- There is authorized to be appropriated for the account
Department of Justice, Legal Activities, `Salaries and expenses,
United States 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) $8,000,000 for fiscal year 1997;
(C) $10,000,000 for fiscal year 1998;
(D) $12,000,000 for fiscal year 1999; and
(E) $15,000,000 for fiscal year 2000.
(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 the Treasury activities that will result from
enactment into law of this Act--
(A) $30,000,000 for fiscal year 1995;
(B) $70,000,000 for fiscal year 1996;
(C) $90,000,000 for fiscal year 1997;
(D) $110,000,000 for fiscal year 1998;
(E) $125,000,000 for fiscal year 1999; and
(F) $125,000,000 for fiscal year 2000.
TITLE XX--POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING AND
EDUCATION
SUBTITLE A--POLICE CORPS
SEC. 200101. SHORT TITLE.
This subtitle may be cited as the `Police Corps Act'.
SEC. 200102. PURPOSES.
The purposes of this subtitle are to--
(1) address violent crime by increasing the number of police
with advanced education and training on community patrol; and
(2) provide educational assistance to law enforcement
personnel and to students who possess a sincere interest in
public service in the form of law enforcement.
SEC. 200103. DEFINITIONS.
In this subtitle--
`academic year' means a traditional academic year 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 Director.
`Director' means the Director of the Office of the Police
Corps and Law Enforcement Education appointed under section
200104.
`educational expenses' means expenses that are directly
attributable to--
(A) a course of education leading to the award of the
baccalaureate degree in legal- or criminal justice-related
studies; or
(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. ESTABLISHMENT 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.
SEC. 200105. DESIGNATION OF LEAD AGENCY AND SUBMISSION OF STATE PLAN.
(a) LEAD AGENCY- A State that desires to participate in the
Police Corps program under this subtitle shall designate a lead
agency that will be responsible for--
(1) submitting to the Director a State plan described in
subsection (b); and
(2) administering the program in the State.
(b) STATE PLANS- A State plan shall--
(1) contain assurances that the lead agency shall work in
cooperation with the local law enforcement liaisons,
representatives of police labor organizations and police
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 advertise the
assistance 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.
SEC. 200106. SCHOLARSHIP ASSISTANCE.
(a) SCHOLARSHIPS AUTHORIZED- (1) The Director may award
scholarships to participants who agree to work in a State or local
police force in accordance with agreements entered into pursuant to
subsection (d).
(2)(A) Except as provided in subparagraph (B), each scholarship
payment made under this section for each academic year shall not
exceed--
(i) $7,500; or
(ii) the cost of the educational expenses related to
attending an institution of higher education.
(B) In the case of a participant who is pursuing a course of
educational 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 or
local police force in accordance with the agreement entered into
pursuant to subsection (d).
(2)(A) Each payment made pursuant to paragraph (1) for each
academic year of study shall not exceed--
(i) $7,500; or
(ii) the cost of educational expenses related to attending an
institution of higher education.
(B) In the case of a participant who is pursuing a course of
educational study during substantially an entire calendar year, the
amount of scholarship payments made during such year shall 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 educational expenses.
(d) AGREEMENT- (1)(A) Each participant receiving a scholarship 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
sufficient 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--
(I) an educational course of study and receipt of a
baccalaureate degree (in the case of undergraduate study)
or the reward of credit to the participant for having
completed one or more graduate courses (in the case of
graduate study); and
(II) Police Corps training and certification by the
Director 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
(i) and (ii) are not complied with.
(2)(A) A recipient of a scholarship or payment under this section
shall not be considered to be in violation of the agreement entered
into pursuant to paragraph (1) if the recipient--
(i) dies; or
(ii) becomes permanently and totally disabled as established
by the sworn affidavit of a qualified physician.
(B) If a scholarship recipient is unable to comply with the
repayment provision set forth in paragraph (1)(B)(ii) because of a
physical or emotional disability or for good cause as determined by
the Director, the Director may substitute community service in a
form prescribed by the Director for the required repayment.
(C) The Director shall expeditiously seek repayment from a
participant who violates an agreement described in paragraph (1).
(e) DEPENDENT CHILD- A dependent child of a law enforcement
officer--
(1) who is a member of a State or local police force or is a
Federal criminal investigator or uniformed police officer,
(2) who is not a participant in the Police Corps program, but
(3) who serves in a State for which the Director has approved
a Police Corps plan, and
(4) who is killed in the course of performing police duties,
shall be entitled to the scholarship assistance authorized in this
section for any course of study in any accredited institution of
higher education. Such dependent child shall not incur any
repayment obligation in exchange for the scholarship assistance
provided in this section.
(f) 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 officer;
(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
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 previous
law enforcement experience.
(2)(A) Until the date that is 5 years after the date of enactment
of this Act, up to 10 percent of the applicants accepted into the
Police Corps program may be persons who--
(i) have had some law enforcement experience; and
(ii) have demonstrated special leadership potential and
dedication to law enforcement.
(B)(i) The prior period of law enforcement of a participant
selected pursuant to subparagraph (A) shall not be counted toward
satisfaction of the participant's 4-year service obligation under
section 200109, and such a participant shall be subject to the same
benefits and obligations under this subtitle as other participants,
including those stated in section (b)(1) (E) and (F).
(ii) Clause (i) shall not be construed to preclude counting a
participant's previous period of law enforcement experience for
purposes other than satisfaction of the requirements of section
200109, such as for purposes of determining such a participant's
pay and other benefits, rank, and tenure.
(3) It is the intent of this subtitle that there shall be no more
than 20,000 participants in each graduating class. The Director
shall approve State plans providing in the aggregate for such
enrollment of applicants as shall assure, as nearly as possible,
annual graduating classes of 20,000. In a year in which
applications are received in a number greater than that which will
produce, in the judgment of the Director, a graduating class of
more than 20,000, the Director shall, in deciding which
applications to grant, give preference to those who will be
participating in State plans that provide law enforcement personnel
to areas of greatest need.
(c) RECRUITMENT OF MINORITIES- Each State participating in the
Police Corps program shall make special efforts to seek and recruit
applicants from among members of all racial, ethnic or gender
groups. This subsection does not authorize an exception from the
competitive standards for admission established pursuant to
subsections (a) and (b).
(d) ENROLLMENT OF APPLICANT- (1) An applicant shall be accepted
into a State Police Corps program on the condition that the
applicant will be matriculated in, or accepted for admission at, a
4-year institution of higher education--
(A) as a full-time student in an undergraduate program; or
(B) for purposes of taking a graduate course.
(2) If the applicant is not matriculated or accepted as set forth
in paragraph (1), the applicant's acceptance in the program shall
be revoked.
(e) LEAVE OF ABSENCE- (1) A participant in a State Police Corps
program who requests a leave of absence from educational study,
training or service for a period not to exceed 1 year (or 18 months
in the aggregate in the event of multiple requests) due to
temporary physical or emotional disability shall be granted such
leave of absence by the State.
(2) A participant who requests a leave of absence from
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 TRAINING.
(a) IN GENERAL- (1) The Director shall establish programs of
training for Police Corps participants. Such programs may be
carried out at up to 3 training centers established for this
purpose and administered by the Director, or by contracting with
existing State training facilities. The Director shall contract
with a State training facility upon request of such facility if the
Director 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,
institutions of learning, and government agencies (including State
and local police forces) to obtain the services of persons
qualified to participate in and contribute to the training process.
(3) The Director may enter into agreements with agencies of the
Federal Government to utilize on a reimbursable basis space in
Federal buildings and other resources.
(4) The Director may authorize such expenditures as are 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) TRAINING SESSIONS- A participant in a State Police Corps
program shall attend two 8-week training sessions at a training
center, one during the summer following completion of sophomore
year and one during the summer following completion of junior year.
If a participant enters the program after sophomore year, 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.
(d) COURSE OF TRAINING- The training sessions at training centers
established under this section shall be designed to provide basic
law enforcement training, including vigorous physical and mental
training to teach participants self-discipline and 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 satisfactorily completed, section 200106(d)(1)(B)(iii) shall not
apply.
SEC. 200110. STATE PLAN REQUIREMENTS.
A State Police Corps plan shall--
(1) provide for the screening and selection of participants
in accordance with the criteria set out in section 200107;
(2) state procedures governing the assignment of participants
in the Police Corps program to State and local police forces
(no more than 10 percent of all the participants assigned in
each year by each State to be assigned to a statewide police
force or forces);
(3) provide that participants shall be assigned to those
geographic areas in which--
(A) there is the greatest need for additional law
enforcement personnel; and
(B) the participants will be used most effectively;
(4) provide that to the extent consistent with paragraph (3),
a participant shall be assigned to an area near the
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 from 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
completion of each such year of service, but--
(1) no such payment shall be made on account of service in
any State or local police force--
(A) whose average size, in the year for which payment is
to be made, not counting Police Corps participants assigned
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
(2) no such payment shall be made on account of any Police
Corps participant for years of service after the completion of
the term of service prescribed in section 200109.
SEC. 200112. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle $20,000 for each of the fiscal years 1996 through 2000.
SEC. 200113. REPORTS TO CONGRESS.
(a) IN GENERAL- Not later than April 1 of each year, the Director
shall submit a report to the Attorney 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
baccalaureate degree; or
(C) a course of graduate study following award of a
baccalaureate degree,
including the cost of tuition, fees, books, supplies, and
related expenses.
`institution of higher education' has the meaning stated in
the first sentence of section 1201(a) of the Higher Education
Act of 1965 (20 U.S.C. 1141(a)).
`law enforcement position' means employment as an officer in
a State or local police force, or correctional institution.
`State' means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands
of the United States, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
SEC. 200203. ALLOTMENT.
From amounts appropriated under section 200210, the Director
shall allot--
(1) 80 percent of such amounts to States on the basis of the
number of law enforcement officers in each State 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. ESTABLISHMENT OF PROGRAM.
(a) USE OF ALLOTMENT-
(1) IN GENERAL- 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 enforcement
personnel to enable such personnel to seek further
education; and
(B) providing--
(i) full-time employment in summer; or
(ii) part-time (not to exceed 20 hours per week)
employment for a period not to exceed 1 year.
(2) EMPLOYMENT- The employment described in paragraph (1)(B)--
(A) shall be provided by State and local law enforcement
agencies for students who are juniors or seniors in high
school or are enrolled in an institution of higher
education and who demonstrate an interest in undertaking a
career in law enforcement;
(B) shall not be in a law enforcement position; and
(C) shall consist of performing meaningful tasks that
inform students of the nature of the tasks performed by law
enforcement agencies.
(b) PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE-
(1) PAYMENTS- Subject to the availability of 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 Secretary for Postsecondary Education, issue rules to
implement this subtitle.
(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.
SEC. 200205. SCHOLARSHIPS.
(a) PERIOD OF 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
employment program for which assistance under this subtitle is
sought;
(2) contain assurances that the lead agency will work in
cooperation with the local law enforcement liaisons,
representatives of police labor organizations and police
management organizations, and other appropriate State and local
agencies to develop and implement interagency agreements
designed to carry out this subtitle;
(3) contain assurances that the State will advertise the
scholarship assistance and student employment it will provide
under this subtitle 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;
(5) contain 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 scholarships
under this subtitle;
(7) with respect to such student employment program, identify--
(A) the employment tasks that students will be assigned
to perform;
(B) the compensation that students will be paid to
perform such tasks; and
(C) the training that students will receive as part of
their participation in the program;
(8) identify model curriculum and existing programs designed
to meet the educational and professional needs of law
enforcement personnel; and
(9) contain assurances that the State will promote
cooperative agreements with educational and law enforcement
agencies to enhance law enforcement personnel recruitment
efforts in institutions of higher education.
SEC. 200208. LOCAL APPLICATION.
(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 information as
the State may reasonably require.
(b) CONTENTS- An application under subsection (a) shall describe--
(1) the academic courses for which a scholarship is sought; or
(2) the location and duration of employment that is sought.
(c) PRIORITY- In awarding scholarships and providing student
employment under this subtitle, each State shall give priority to
applications from persons who are--
(1) members of racial, ethnic, or gender groups whose
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 GENERAL- A person who receives a scholarship under this
subtitle shall enter into an agreement with the Director.
(b) CONTENTS- An agreement described in subsection (a) shall--
(1) provide assurances that the scholarship recipient will
work in a law enforcement position in the State that awarded
the scholarship in accordance with the service obligation
described in subsection (c) after completion of the scholarship
recipient's academic courses leading to an associate, bachelor,
or graduate degree;
(2) provide assurances that the scholarship recipient will
repay the entire scholarship in accordance with such terms and
conditions as the Director shall prescribe if the requirements
of the agreement are not complied with, unless the scholarship
recipient--
(A) dies;
(B) becomes physically or emotionally disabled, as
established by the sworn affidavit of a qualified
physician; or
(C) has been discharged in bankruptcy; and
(3) set forth the terms and conditions under which the
scholarship recipient may seek employment in the field of law
enforcement in a State other than the State that awarded the
scholarship.
(c) SERVICE OBLIGATION-
(1) IN GENERAL- Except as provided in paragraph (2), a
person who receives a scholarship under this subtitle shall
work in a law enforcement position in the State that awarded
the scholarship for a period of 1 month for each credit hour
for which funds are received under the scholarship.
(2) SPECIAL RULE- For purposes of 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. AUTHORIZATION OF APPROPRIATIONS.
(a) GENERAL AUTHORIZATION OF APPROPRIATIONS- There are authorized
to be appropriated to carry out this subtitle--
(1) $20,000,000 for fiscal year 1996;
(2) $20,000,000 for fiscal year 1997;
(3) $20,000,000 for fiscal year 1998;
(4) $20,000,000 for fiscal year 1999; and
(5) $20,000,000 for fiscal year 2000.
(b) USES OF FUNDS- Of the funds appropriated under 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 provide 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
through 2000 such sums as may be necessary to carry out the
programs under parts D and E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, of which the following
amounts may be appropriated from the Violent Crime Reduction Trust
Fund:
(1) $580,000,000 for fiscal year 1995;
(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:
[BOLD->] `PART W--FAMILY SUPPORT [<-BOLD]
`SEC. 2301. DUTIES.
`The Attorney General shall--
`(1) establish guidelines and oversee the implementation of
family-friendly policies within law enforcement-related offices
and divisions in the Department of Justice;
`(2) study the effects of stress on law enforcement personnel
and family well-being and disseminate the findings of such
studies to Federal, State, and local law enforcement agencies,
related organizations, and other interested parties;
`(3) identify and evaluate model programs that provide
support services to law enforcement personnel and families;
`(4) provide technical assistance and training programs to
develop stress reduction and family support to State and local
law enforcement agencies;
`(5) collect and disseminate information regarding family
support, stress reduction, and psychological services to
Federal, State, and local law enforcement agencies, law
enforcement-related organizations, and other interested
entities; and
`(6) determine issues to be researched by the Department of
Justice and by grant recipients.
`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.
`(b) REQUIRED ACTIVITIES- A law enforcement agency or
organization that receives funds under this part shall provide at
least one of the following services:
`(1) Counseling for law enforcement family members.
`(2) Child care on a 24-hour basis.
`(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 (5).
`(c) OPTIONAL ACTIVITIES- A law enforcement agency or
organization that receives funds under this part may provide the
following services:
`(1) Post-shooting debriefing for officers and their spouses.
`(2) Group therapy.
`(3) Hypertension clinics.
`(4) Critical incident response on a 24-hour basis.
`(5) Law enforcement family crisis telephone services on a
24-hour basis.
`(6) Counseling for law enforcement personnel exposed to the
human immunodeficiency virus.
`(7) Counseling for peers.
`(8) Counseling for families of personnel killed in the line
of duty.
`(9) Seminars regarding alcohol, drug use, gambling, and
overeating.
`(10) Technical assistance and training to support any or all
of the services described in paragraphs (1), (2), (3), (4),
(5), (6), (7), (8), and (9).
`SEC. 2304. APPLICATIONS.
`A law enforcement agency or organization desiring to receive a
grant under this part shall submit to the Attorney 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
assistance among the States, among urban and rural areas of the
United States, and among urban and rural areas of a State.
`(b) DURATION- The Attorney General may award a grant each fiscal
year, not to exceed $100,000 to a State or local law enforcement
agency or $250,000 to a law enforcement organization for a period
not to exceed 5 years. In any application from a State or local law
enforcement agency or organization for a grant to continue a
program for the second, third, fourth, or fifth fiscal year
following the first fiscal year in which a grant was awarded to
such agency, the Attorney General shall review the progress made
toward meeting the objectives of the program. The Attorney General
may refuse to award a 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 programs;
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
promote or improve the morale and well being of law enforcement
personnel and their families; and
`(2) the term `law enforcement personnel' means individuals
employed by Federal, State, and local law enforcement agencies.'.
(b) TECHNICAL AMENDMENT- The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 50001(b), is amended by striking
the matter relating to part V and inserting the following:
`PART W--FAMILY SUPPORT
`Sec. 2301. Duties.
`Sec. 2302. General authorization.
`Sec. 2303. Uses of funds.
`Sec. 2304. Applications.
`Sec. 2305. Award of grants; limitation.
`Sec. 2306. Discretionary research grants.
`Sec. 2307. Reports.
`Sec. 2308. Definitions.
`PART V--TRANSITION-EFFECTIVE DATE-REPEALS
`Sec. 2301. Continuation of rules, authorities, and privileges.'.
(c) AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 50001(c), is amended--
(1) in paragraph (3) by striking `and V' and inserting `V,
and W'; and
(2) by adding at the end the following new paragraph:
`(21) There are authorized to be appropriated to carry out part W--
`(1) $2,500,000 for fiscal year 1996;
`(2) $4,000,000 for fiscal year 1997;
`(3) $5,000,000 for fiscal year 1998;
`(4) $6,000,000 for fiscal year 1999; and
`(5) $7,500,000 for fiscal year 2000.'.
SUBTITLE C--DNA IDENTIFICATION
SEC. 210301. SHORT TITLE.
This subtitle may be cited as the `DNA Identification Act of 1994'.
SEC. 210302. FUNDING TO IMPROVE THE QUALITY AND AVAILABILITY OF DNA
ANALYSES FOR LAW ENFORCEMENT IDENTIFICATION PURPOSES.
(a) DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT PROGRAM- Section
501(b) of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3751(b)) as amended by section 150003, is
amended--
(1) by striking `and' at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and
inserting `; and'; and
(3) by adding at the end the following new paragraph:
`(25) developing or improving in a forensic laboratory a
capability to analyze deoxyribonucleic acid (hereinafter in
this title referred to as `DNA') for identification purposes.'.
(b) STATE APPLICATIONS- Section 503(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is
amended by adding at the end the following new paragraph:
`(12) If any part of funds received from a grant made under
this part is to be used to develop or improve a DNA analysis
capability in a forensic laboratory, a certification that--
`(A) DNA analyses performed at such laboratory will
satisfy or exceed then current standards for a quality
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;
`(B) DNA samples obtained by, and DNA analyses performed
at, such laboratory will be accessible only--
`(i) to criminal justice agencies for law enforcement
identification purposes;
`(ii) in judicial proceedings, if otherwise
admissible pursuant to applicable statutes or rules;
`(iii) for criminal defense purposes, to a defendant,
who shall have access to samples and analyses performed
in connection with the case in which such defendant is
charged; or
`(iv) if personally identifiable information is
removed, for a population statistics database, for
identification research and protocol development
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
Identification Act of 1994.'.
(c) DNA IDENTIFICATION GRANTS-
(1) IN GENERAL- Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by
section 210201(a), is amended--
(A) by redesignating part X as part Y;
(B) by redesignating section 2401 as section 2501; and
(C) by inserting after part W the following new part:
[BOLD->] `PART X--DNA IDENTIFICATION GRANTS [<-BOLD]
`SEC. 2401. GRANT AUTHORIZATION.
`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 performed at
the laboratory shall be made available only--
`(A) to criminal justice agencies for law enforcement
identification purposes;
`(B) in judicial proceedings, if otherwise admissible
pursuant to applicable statutes or rules;
`(C) for criminal defense purposes, to a defendant, who
shall have access to samples and analyses performed in
connection with the case in which the defendant is charged;
or
`(D) if personally identifiable information is removed,
for a population statistics database, for identification
research and protocol development purposes, or for quality
control purposes; and
`(3) the laboratory and each analyst performing DNA analyses
at the laboratory shall undergo, at regular intervals not
exceeding 180 days, external proficiency testing by a DNA
proficiency testing program that meets the standards issued
under section 210303 of the DNA Identification Act of 1994.
`SEC. 2404. ADMINISTRATIVE PROVISIONS.
`(a) REGULATION AUTHORITY- The Attorney General may promulgate
guidelines, regulations, and procedures, as necessary to carry out
the purposes of this part, including limitations on the number of
awards made during each fiscal year, the submission 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 required.
`SEC. 2405. RESTRICTIONS ON USE OF FUNDS.
`(a) FEDERAL SHARE- The Federal share of a grant, contract, or
cooperative agreement made under this part may not exceed 75
percent of the total costs of the project described in the
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
require.
`(b) REPORTS TO CONGRESS- Not later than 90 days after the end of
each fiscal year for which grants are made under this part, the
Attorney General shall submit to the Speaker of the House of
Representatives and the President pro tempore of the Senate, a
report that includes--
`(1) the aggregate amount of grants made under this part to
each State or unit of local government for such fiscal year; and
`(2) a summary of the information provided in compliance with
subsection (a)(1).
`SEC. 2407. EXPENDITURE RECORDS.
`(a) RECORDS- Each State or unit of local government which
receives a grant under this part shall keep records as the Attorney
General may require to facilitate an effective audit.
`(b) ACCESS- The Attorney 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 following:
`PART X--DNA IDENTIFICATION GRANTS
`Sec. 2401. Grant authorization.
`Sec. 2402. Applications.
`Sec. 2403. Application requirements.
`Sec. 2404. Administrative provisions.
`Sec. 2405. Restrictions on use of funds.
`Sec. 2406. Reports.
`Sec. 2407. Expenditure records.
`PART Y--TRANSITION-EFFECTIVE DATE-REPEALER
`Sec. 2501. Continuation of rules, authorities, and proceedings.'.
(3) AUTHORIZATION OF APPROPRIATIONS- Section 1001 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793), as amended by section 210201(c), is amended--
(A) in paragraph (3) by striking `and W' and inserting
`W, and X'; and
(B) adding at the end the following new paragraph:
`(22) There are authorized to be appropriated to carry out 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 section shall
take effect on the date that is 60 days after the date of
enactment of this Act.
SEC. 210303. QUALITY ASSURANCE AND PROFICIENCY TESTING 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 methods from among nominations proposed by the head of
the National Academy of Sciences and professional societies of
crime laboratory officials.
(B) The advisory board shall include as members scientists from
State, local, and private forensic laboratories, molecular
geneticists and population 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 forensic analysts, in conducting analyses of DNA.
(2) The Director of the Federal Bureau of Investigation, after
taking into consideration such recommended standards, shall issue
(and revise from time to time) standards for quality assurance,
including standards for testing the proficiency of forensic
laboratories, and forensic analysts, in conducting analyses of DNA.
(3) The standards described in paragraphs (1) and (2) shall
specify criteria for quality assurance and proficiency tests to be
applied to the various types of DNA analyses used by forensic
laboratories. The standards shall also include a system for grading
proficiency testing performance to determine whether a laboratory
is performing acceptably.
(4) Until such time as the advisory board has made
recommendations to the Director of the Federal Bureau of
Investigation and the Director has acted upon those
recommendations, the quality assurance guidelines adopted by the
technical working group on DNA analysis methods shall be deemed
the Director's standards for purposes of this section.
(b) ADMINISTRATION OF THE ADVISORY BOARD- (1) For administrative
purposes, the advisory board appointed under subsection (a) shall
be considered an advisory board to the Director of the Federal
Bureau of Investigation.
(2) Section 14 of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply with respect to the advisory board appointed
under subsection (a).
(3) The DNA advisory board established under this section shall
be separate and distinct from any other advisory board administered
by the FBI, and is to be administered separately.
(4) The board shall cease to exist on the date 5 years after the
initial appointments are made to the board, unless the existence of
the board is extended by the Director of the Federal Bureau of
Investigation.
(c) PROFICIENCY TESTING PROGRAM- (1) Not later than 1 year after
the effective date of this Act, the Director of the National
Institute of Justice shall certify to the Committees on the
Judiciary of the House and Senate that--
(A) the Institute has entered into a contract with, or made a
grant to, an appropriate entity for establishing, or has taken
other appropriate action to ensure that there is established,
not later than 2 years 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;
(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 INFORMATION.
(a) ESTABLISHMENT OF INDEX- The Director of the Federal Bureau of
Investigation may establish an index of--
(1) DNA identification records of persons convicted of crimes;
(2) analyses of DNA 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 admissible
pursuant to applicable statutes or rules;
(C) for criminal defense purposes, to a defendant, who
shall have access to samples and analyses performed in
connection with the case in which such defendant is
charged; or
(D) if personally identifiable information is removed,
for a population statistics database, for identification
research and protocol development purposes, or for quality
control purposes.
(c) FAILURE TO COMPLY- Access to the index established by this
section is subject to cancellation if the quality control and
privacy requirements described in subsection (b) are not met.
SEC. 210305. FEDERAL BUREAU OF INVESTIGATION.
(a) PROFICIENCY TESTING REQUIREMENTS-
(1) GENERALLY- (A) Personnel at the Federal Bureau of
Investigation who perform DNA analyses shall undergo, at
regular intervals of not to exceed 180 days, external
proficiency testing by a DNA proficiency testing program
meeting the standards issued under section 210303.
(B) Within 1 year after the date of enactment of this Act,
the Director of the Federal Bureau of Investigation shall
arrange for periodic blind external tests to determine the
proficiency of DNA analysis performed at the Federal Bureau of
Investigation laboratory.
(C) In this paragraph, `blind external test' means a test
that is presented to the laboratory through a second agency and
appears to the analysts to involve routine evidence.
(2) REPORT- For 5 years after the date of enactment of this
Act, the Director of the Federal Bureau of Investigation shall
submit to the Committees on the Judiciary of the House and
Senate an annual report on the results of each of the tests
described in paragraph (1).
(b) PRIVACY PROTECTION STANDARDS-
(1) GENERALLY- Except as provided in paragraph (2), the
results of DNA tests performed for a Federal law enforcement
agency for law enforcement purposes may be disclosed only--
(A) to criminal justice agencies for law enforcement
identification purposes;
(B) in judicial proceedings, if otherwise admissible
pursuant to applicable statues or rules; and
(C) for criminal defense purposes, to a defendant, who
shall have access to samples and analyses performed in
connection with the case in which such defendant is charged.
(2) EXCEPTION- If personally identifiable information is
removed, test results may be disclosed for a population
statistics database, for identification research and protocol
development 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