DP Tool Club 17/CD_ASCQ_17_101194.iso/vrac/hr_3355a.zip/CRMBIL_1.TXT

Text File | 1994-08-24 | 267KB | 5,340 lines

Part 1/16, total size 65520 bytes:

------------------------------ Cut here ------------------------------
Report 103 694

VIOLENT CRIME CONTROL AND LAW
ENFORCEMENT ACT OF 1994

CONFERENCE REPORT

TO ACCOMPANY

H.R. 3355

AUGUST 10, 1994.
Ordered to be printed

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

VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT
OF 1994

August 10, 1994. Ordered to be printed

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

CONFERENCE REPORT

[To accompany H.R. 3355]

The committee of conference on the disagreeing votes of the two Houses
on the amendments of the House to the amendment of the Senate to the
bill (H.R. 3355), to amend the Omnibus Crime Control and Safe Streets
Act of 1968 to allow grants to increase police presence, to expand and
improve cooperative efforts between law enforcement agencies and
members of the community to address crime and disorder problems, and
otherwise to enhance public safety, having met, after full and free
conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the Senate recede from its disagreement to the amendment of the
House to the amendment of the Senate to the text of the bill and agree
to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House amendment,
insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the "Violent Crime Control and Law Enforcement
Act of 1994".
SEC. a. TABLE OF CONTENTS.
The following is the table of contents for this Act:

Sec. 1 Short title
Sec. 2 Table of contents.

TITLE I--PUBLIC SAFETY AND POLICING

Sec. 10001. Short title.
Sec. 10002. Purposes.
Sec. 10003. Community policing; "Cops on the Beat".
TITLE 11--PRISONS

Subtitle A--Violent Offender Incarceration and Truth in &ntencing
Incentiue Grants

Sec. 20101. Grants for correctional facilities.
Sec. 20102. Truth in sentencing incentive grants.
Sec. 20103. Violent offender incarceration grants.
Sec. 20104. Matching requirement.
Sec. 20105. Rules and regulations.
Sec. 20106. Technical assistance and training.
Sec. 20107. Evaluation.
Sec. 20108. Definitions.
Sec. 20109. Authorization of appropriations.

Subtitle B--Punishment for Young Offenders

Sec. 20201. Certainty of punishment for young offenders.
Sec. 20202. Grants for community-based violent juvenile facilities.

Subtitle C--Alien Incarceration

Sec. 20301. Incarceration of undocumented criminal aliens.

Subtitle D--Miscellaneous Provisions

Sec. 20401. Prisoner's place of imprisonment.
Sec. 20402. Prison impact assessments.
Sec. 20403. Sentences to account for costs to the Government of
imprisonment, release, and probation.
Sec. 20404. Application to prisoners to which prior law applies.
Sec. 20405. Crediting of "good time"
Sec. 20406 Task force on prison construction standardization and
techniques.
Sec. 20407. Efficiency in law enforcement and corrections.
Sec. 20408. Amendments to the Department of Education Organization Act
and the National Literacy Act of 1991.
Sec. 20409. Appropriate remedies for prison overcrowding.
Sec. 20410. Congressional approval of any expansion at Lorton and
congressional hearings on future needs.
Sec. 20411. Awards of Pell Grants to prisoners prohibited
Sec. 20412. Education requirement for early release.
Sec. 20413. Conversion of closed military installations into Federal
prison facilities.
Sec. 20414. Post-conviction release drug testing--Federal offenders.
Sec. 20415. Reporting of cash received by criminal court clerks.
Sec. 20416. Civil rights of institutionalized persons.
Sec. 20417. Notification of release of prisoners.
Sec. 20418. Correctional job training and placement.

TITLE 111--CRIME PREVENTION

Subtitle A--Ounce of Prevention Council

Sec. 30101. Ounce of Prevention Council.
Sec. 30102. Ounce of Prevention Grant Program.
Sec. 30103. Definition.
Sec. 30104. Authorization of appropriations.

Subtitle B--Youth Employment and Skills Crime Prevention

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

Subtitle C--Model Intensive Grant Programs

Sec. 30301. Grant authorization.
Sec. 30302. Uses of funds.
Sec. 30303. Program requirements.
Sec. 30304. Applications.
Sec. 30305. Reports.
Sec. 30306. Definitions.
Sec. 30307. Authorization of appropriations.

Subtitle D--Family and Community Endeavor Schools Grant Program

Sec. 30401. Community schools youth services and supervision grant
program.
Sec. 30402. Family and Community Endeavor Schools Grant Program.

Sec. 30403. Authorization of appropriations.

Subtitle E--Police Partnerships for Children

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

Subtitle F--Midnight Sports

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

Subtitle G--Assistance for Delinquent and At-Risk Youth

Sec. 30701. Grant authority.
Sec. 30702. Authorization of appropriations.

Subtitle H--Police Recruitment

Sec 30801. Grant authority. Sec 30802. Authorization of appropriations.

Subtitle I--National Trial Program

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

Subtitle J--Local Partnership Act

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

Subtitle K--National Community Economic Partnership

Sec. 31101. Short title.

CHAPTER 1--COMMUNITY ECONOMIC PARTNERSHIP INVESTMENT FUNDS

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

CHAPTER 2--EMERGING COMMUNITY DEVELOPMENT CORPORATIONS

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

CHAPTER 3--MISCELLANEOUS PROVISIONS

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

Subtitle L--Gang Prevention Services for Boys and Girls

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

Subtitle M--Olympic Youth Development Centers

Sec. 31301. Olympic youth development centers.

Subtitle N--Anticrime Youth Councils

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

Subtitle O--Urban Recreation and At-Risk Youth

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

Subtitle P--Boys and Girls Clubs in Public Housing

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

Subtitle Q--Community-Based Justice Grants for Prosecutors

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

Subtitle R--Child Safety

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

Subtitle S--Family Unity Demonstration Project

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

CHAPTER I--GRANTS To STATES

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

CHAPTER 2--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS

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

Subtitle T--Substance Abuse Treatment in Federal Prisons

Sec. 32001. Substance abuse treatment in Federal prisons.

Subtitle U--Residential Substance Abuse Treatment for State Prisoners

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

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

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

Subtitle W--Hope in Youth Program

Sec. 32301. Program authority.

Sec. 32302. Program requirements
Sec 32303. Eligible providers.
Sec 32304. Applications.
Sec. 32305. Evaluation.
Sec. 32306. Definition.
Sec. 32307. Authorization of appropriations.
Subtitle X--Gang Resistance Education and Training
Sec. 32401. Gang resistance education and training projects.
TITLE IV--VIOLENCE AGAINST WOMEN
Sec. 40001. Short title.
Subtitle A--Safe Streets for Women
Sec. 40101. Short title.
CHAPTER I--FEDERAL PENALTIES FOR SEX CRIMES
Sec. 40111. Repeat offenders.
Sec. 40112. Federal penalties.
Sec. 40113. Mandatory restitution for sex crimes.
Sec. 40114. Authorization for Federal victim's counselors.
CHAPTER 2--LAW ENFORCEMENT AND PROSECUTION GRANTS TO REDUCE VIOLENT
CRIMES AGAINST WOMEN
Sec. 40121. Grants to combat violent crimes against women.
CHAPTER 3--SAFETY FOR WOMEN IN PUBLIC TRANSIT AND PUBLIC PARKS
Sec. 40131. Grants for capital improvements to prevent crime in public
transportation.
Sec. 40132. Grants for capital improvements to prevent crime in
national parks.
Sec. 40133. Grants for capital improvements to prevent crime in public
parks.
CHAPTER 4--NEW EVIDENTIARY RULES
Sec. 40141. Sexual history in criminal and civil cases.
CHAPTER 5--ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT
Sec. 40151. Education and prevention grants to reduce sexual assaults
against women.
Sec. 40152. Training programs.
Sec. 40153. Confidentiality of communications between sexual assault or
domestic uiolence victims and their counselors.
Sec. 40154. Information programs.
Sec. 40155. Education and prevention grants to reduce sexual abuse of
runaway, homeless, and street youth.
Sec. 40156 Victims of child abuse programs.
Subtitle B-Safe Homes for Women
Sec. 40201. Short title.
CHAPTER l--NATIONAL DOMESTIC VIOLENCE HOTLINE
Sec. 40211. Grant for a national domestic violence hotline.
CHAPTER 2--INTERSTATE ENFORCEMENT
Sec. 40221. Interstate enforcement.
CHAPTER 3--ARREST POLICIES IN DOMESTIC VIOLENCE CASES
Sec. 40231. Encouraging arrest policies.
CHAPTER 4--SHELTER GRANTS
Sec. 40241. Grants for battered women's shelters.
CHAPTER 5--YOUTH EDUCATION
Sec. 40251. Youth education and domestic violence.
CHAPTER 6--COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE

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

CHAPTER 7--FAMILY VIOLENCE PREVENTION AND SERVICES ACT AMENDMENTS

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

CHAPTER 8--CONFIDENTIALITY FOR ABUSED PERSONS

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

CHAPTER 9--DATA AND RESEARCH

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

CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT

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

Subtitle C--Civil Rights for Women

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

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

Sec. 40401. Short title.

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

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

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

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

Subtitle E--Violence Against Women Act Improvements

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

Subtitle F--National Stalker and Domestic Violence Reduction

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

Subtitle G--Protections for Battered Immigrant Wornen and Children

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

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

TITLE V--DRUG COURTS

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

TITLE Vl--DEATN PENALTY

Sec. 60002 Constitutional procedures for the imposition of the sentence
of death.
Sec. 60003. Specific offenses for which death penalty is authorized
Sec. 60004. Applicability to Uniform Code of Military Justice.
Sec. 60005. Death penalty for murder by a Federal prisoner
Sec. 60006. Death penalty for civil rights murders. Sec 60007. Death
penalty for the murder of Federal law enforcement officials. Sec 60008.
New offense for the indiscriminate use of weapons to further drug con-
spiracies.
Sec. 60009. Foreign murder of United States nationals.
Sec. 60010. Death penalty for rape and child molestation murders.
Sec. 60011. Death penalty for sexual exploitation of children.
Sec. 60012. Murder by escaped prisoners.
Sec. 60013. Death penalty for gun murders during Federal crimes of
violence and drug trafficking crimes.
Sec. 60014. Homicides and attempted homicides involving firearms in
Federal facilities.
Sec. 60015. Death penalty for the murder of State or local officials
assisting Federal law enforcement officials and State correctional
officers.
Sec. 60016 Protection of court officers and jurors.
Sec. 60017 Prohibition of retaliatory killings of witnesses, victims,
and informants.
Sec. 60018. Death penalty for murder of Federal witnesses.
Sec. 60019. Offenses of violence against maritime navigation or fixed
platforms.
Sec. 60020. Torture.
Sec. 60021. Violence at airports serving international civil aviation.
Sec. 60022. Terrorist Death Penalty Act.
Sec. 60023. Weapons of mass destruction.
Sec. 60024. Enhanced penalties for alien smuggling.
Sec. 60025. Protection of jurors and witnesses in capital cases.
Sec. 60026. Appointment of Counsel.

TITLE Vll--MANDATORY LIFE IMPRISONMENT FOR PERSONS CONVICTED
OF CERTAIN FELONIES

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

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

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

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

Subtitle B--National Narcotics Leadership Act Amendment

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

TITLE X--DRUNK DRIVING PROVISIONS

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

TITLE Xl--FIREARMS

Subtitle A--Assault Weapons

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

Subtitle B--Youth Handgun Safety

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

Subtitle C--Licensure

Sec. 110301. Firearms licensure and registration to require a
photograph and fingerprints.
Sec. 110302. Compliance with State and local law as a condition to
license.
Sec. 110303. Action on firearms license application.
Sec. 110304. Inspection of firearms licensees' inventory and records.
Sec. 110305. Reports of theft or loss of firearms.
Sec. 110306. Responses to request for information.
Sec. 110307. Notification of names and addresses of firearms licensees.

Subtitle D--Domestic Violence

Sec. 110401. Prohibition against disposal of firearms to, or receipt of
firearms by, persons who have committed domestic abuse.

Subtitle E--Drug Crime Penalties

Sec. 110501. Enhanced penalty for use of a semiautomatic firearm during
a crime of violence or a drug trafficking crime.
Sec. 110502. Enhanced penalty for second offense of using an explosive
to commit a felony.
Sec. 110503. Smuggling firearms in aid of drug trafficking.
Sec. 110504. Theft of firearms and explosives.
Sec. 110505. Revocation of supervised release after imprisonment
Sec. 110506. Revocation of probation.
Sec. 110507. Increased penalty for knowingly making false, material
Statement in connection with the acquisition of a firearm from a
licensed dealer.
Sec. 110508. Possession of explosives by felons and others.
Sec. 110509. Summary destruction of explosives subject to forfeiture.
Sec. 110510. Elimination of outmoded language relating to parole.
Sec. 110511. Prohibition against transactions involving stolen firearms
which have moved in interstate or foreign commerce.
Sec. 110512. Using a firearm in the commission of counterfeiting or
forgery.
Sec. 110513. Enhanced penalties for firearms possession by violent
felons and serious drug offenders
Sec. 110514. Receipt of firearms by nonresident.

Sec. 110515. Theft of firearms or explosives from licensee.
Sec. 110516. Disposing of explosives to prohibited persons.
Sec. 110517. Increased penalty for interstate gun trafficking.
Sec 110518. Firearms and explosives conspiracy.
Sec 110519. Definition of armor piercing ammunition.

TITLE Xll--TERRORISM

Sec 120001. Extension of the statute of limitation for certain
terrorism offenses.
Sec 120002. Jurisdiction over crimes against United States nationals on
certain foreign ships.
Sec. 120003. Counterfeiting United States currency abroad.
Sec 120004 Sentencing guidelines increase for terrorist crimes.
Sec 120005 Providing material support to terrorists.

TITLE Xlll--CRIMINAL ALIENS AND IMUIGRATION ENFORCEMENT

Sec. 130001. Enhancement of penalties for failing to depart, or
reentering, after final order of deportation.
Sec. 130002. Criminal alien tracking center.
Sec. 130003. Alien witness cooperation and counterterrorism
information.
Sec. 130004. Deportation procedures for certain cnminal aliens who are
not permanent residents.
Sec. 130005. Expeditious deportation for denied asylum applicants.
Sec. 130006. Improving border controls.
Sec. 130007. Expanded special deportation proceedings.
Sec. 130008. Authority to accept certain assistance.
Sec. 130009. Passport and visa offenses penalties improvement.
Sec. 130010. Asylum.

TITLE XIV--YOUTH VIOLENCE

Sec. 140001. Prosecution as adults of certain juveniles for crimes of
violence.
Sec. 140002. Commencement of juvenile proceeding.
Sec. 140003. Separation of juvenile from adult offenders.
Sec. 140004. Bindover system for certain violent juveniles
Sec 140005. Amendment concerning records of crimes committed by
juveniles.
Sec 140006. Increased penalties for employing children to distribute
drugs near schools and playgrounds.
Sec. 140007. Increased penalties for travel act crimes involving
violence and conspiracy to commit contract killings.
Sec. 140008. Solicitation of minor to commit crime.

TITLE XV--CRIMINAL STREET GANGS

Sec. 150001. Criminal streetgangs.
Sec. 150002. Adult prosecution of serious juvenile offenders.
Sec. 150003. Addition of anti-gang byrne grant funding objective.
Sec. 150004. Juvenile drug trafficking and gang prevention grants.
Sec. 150005. Grants for youth development centers.
Sec. 150006. Mentoring program.
Sec. 150007. Juvenile anti-drug and anti-gang grants in federally
assisted low-income housing.
Sec. 150008. Gang investigation coordination and information
collection.
Sec. 150009. Multijurisdictional gang task forces.

TITLE XVI--CHILD PORNOGRAPHY

Sec. 160001. Penalties for international trafficking in child
pornography.
Sec. 160002. Sense of Congress concerning State legislation regarding
child pornography.
Sec. 160003. Confirmation of intent of Congress in enacting sections
2252 and 2256 of title 18, United States code.

TITLE XVII--CRIMES AGAINST CHILDREN

Subtitle Jacob Wetterling Crimes Against Children and Sexually Violent
Offender
Registration Act
Sec. 170101. Establishment of program.

Subtitle B--Assaults Against Children
Sec. 170201. Assaults against children.
                                  10

Subtitle C--Missing and Exploited Children

Sec. 170301. Short title.
Sec. 170302. Purpose.
Sec. 170303. Establishment of task force.
TITLE XVIII--RURAL CRIME
Subtitle A--Drug Trafficking in Rural Areas

Sec. 180101. Authorizations for rural law enforcement agencies.
Sec. 180102. Rural crime and drug enforcement task forces.
Sec. 180103. Rural drug enforcement training.
Sec. 180104. More agents for the Drug Enforcement Administration.
Subtitle B--Drug Free Truck Stops and Safety Rest Areas

Sec. 180201. Drug free truck stops and safety rest areas.
Subtitle C--Sense of Congress Regarding Funding for Rural Areas

Sec. 180301. Funding for rural areas.
TITLE XIX--FEDERAL LAW ENFORCEMENT

Sec. 190001. Federal judiciary and Federal law enforcement.
TITLE XX--POLICE CORPS AND LAW ENFORCEMENT OFFICERS TRAINING
AND EDUCATION
Subtitle A--Police Corps

Sec. 200101. Short title.
Sec. 200102. Purposes.
Sec. 200103. Definitions.
Sec. 200104. Establishment of office of the police corps and law
enforcerment education.
Sec. 200105. Designation of lead agency and submission of State plan.
Sec. 200106. Scholarship assistance.
Sec. 200107. Selection of participants
Sec. 200108. Police corps training.
Sec. 200109. Service obligation.
Sec. 200110. State plan requirements.
Sec. 200111. Assistance to States and localities employing police corps
officers.
Sec. 200112. Authorization of appropriations.
Sec. 200113. Reports to Congress.
Subtitle B--Law Enforcement Scholarship Program

Sec. 200201. Short title.
Sec. 1142. Definitions.
Sec. 200203. Allotment.
Sec. 200204. Establishrnent of program.
Sec. 200205. Scholarships.
Sec. 200206. Eligibility.
Sec. 200207. State application.
Sec. 200208. Local application.
Sec. 200209. Scholarship agreement.
Sec. 200210. Authorization of appropriations.
TITLE XXI--STATE AND LOCAL LAW ENFORCEUENT
Subtitle A--Byrne Program

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

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

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

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

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

Subtitle D--Police Pattern or Practice

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

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

Subtitle F--Other State and Local Aid
Sec. 210601. Reauthorization of Office of Justice Programs.
Sec. 210602. Federal assistance to ease the increased burdens on State
court systems resulting from enactment of this act.
Sec. 210603. Auailability of violent crime reduction trust fund to fund
activities authorized by the Brady handgun violence prevention act and
the national child protection act of 1993.

TITLE XXII--MOTOR VEHICLE THEFT PREVENTION
Sec. 220001. Short title.
Sec. 220002. Motor vehicle theft prevention program.
Sec. 220003. Altering or removing motor vehicle identification numbers.

TITLE XXIII--VICTIMS OF CRIME Subtitle A--Victirns of Crime
Sec. 230101. Victim's right of allocution in sentencing.
Sec. 230102. Sense of the Senate concerning the right of a victim of a
violent crime or sexual abuse to speak at an offender's sentencing
hearing and any parole hearing.
Subtitle B--Crime Victims' Fund
Sec. 230201. Allocation of funds for costs and grants.
Sec. 230202. Relationship of crime victim compensation to certain
Federal programs.
Sec. 230203. Administrative costs for crime victim compensation.
Sec. 230204. Grants for demonstration projects.
Sec. 230205. Administrative costs for crime victim assistance.
Sec. 230206. Maintenance of effort.
Sec. 230207. Change of due date for required report.
Sec. 230208. Amendment of the Victims of Crime Act.
TITLE XXlV--PROTECTIONS FOR THE ELDERLY

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

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

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

TITLE XXVI--COMMISSION MEMBERSHIP AND APPOINTMENT

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

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

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

TITLE XXVIII--SENTENCING PROVISIONS

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

TITLE XXIX--COMPUTER CRIME

Sec. 290001. Computer Abuse Amendments Act of 1994.

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

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

TITLE XXXI--VIOLENT CRlME REDUCTION TRUST FUND

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

TITLE h~ xxxrl--MISCELLANEOUS

Subtitle A--Increases in Penalties

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

Subtitle B--Extension of Protection of Civil Rights Statutes

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

Subtitle C--Audit and Report

Sec. 320301. Audit requirement for State and local law enforcement
agencies receiving Federal asset forfeiture funds.
Sec. 320302. Report to Congress on administrative and contracting
expenses.

Subtitle D--Coordination

Sec. 320401. Coordination of substance abuse treatment and prevention
programs.

Subtitle E--Gambling

Sec. 320501. Clarifying amendment regarding scope of prohibition
against gambling on ships or international waters.

Subtitle F--White Collar Crime Amendments

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

Sec. 320602. Receiving the proceeds of a postal robbery.
Sec 320603. Crime by or affecting persons engaged in the business of
insurance whose activities affect interstate commerce.
Sec 320604. Miscellaneous amendments to title 18, United States Code.
Sec 320605. Federal Deposit Insurance Act amendment.
Sec 320606. Federal Credit UnionAct amendments.
Sec 320607. Addition of predicate offenses to financial institutions
rewards statute.
Sec. 320608. Definition of savings and loan associations for purposes
of the offense of bank robbery and related offenses.
Sec. 320609. Definition of l-year period for purposes of the offense of
obstruction of a Federal audit.

Subtitle G--Safer Streets and Neighborhoods

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

Subtitle H--Recreational Hunting Safety

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

Subtitle I--Other Provisions

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

Sec. 330001. Amendments relating to Federal financial assistance for
law enforcement.
Sec. 330002. General title 18corrections.
Sec. 330003. Corrections of erroneous cross references and
misdesignations.
Sec. 330004. Repeal of obsolete provisions in title 18.
Sec. 330005. Correction of drafting error in the Foreign Corrupt
Practices Act.
Sec. 330006. Elimination of redundant penalty provision in 18 U.S.C.
1116.
Sec. 330007. Elimination of redundant penalty.
Sec. 330008. Corrections of misspellings and grammatical errors.
Sec. 330009. Other technical amendments
Sec. 330010. Correction of errors found during codification.
Sec. 330011. Problems related to execution of prior amendments.
Sec. 330012. Amendment to section 1956 of tltle 18 to eliminate
duplicate predicate cnmes.
Sec. 330013. Amendments to part V of title 18.
Sec. 330014. Update of cross reference.
Sec. 330015. Correction of error in amendatory language.
Sec. 330016. Correction of misleading and outmoded f ne amounts in
offenses under title 18.
Sec. 330017. Technical corrections to title 31 crimes.
Sec. 330018. Repeal of superfluous statute of limitation and transfer
of child abuse statute of limitation.
Sec. 330019. Technical errors in section 1956.
Sec. 330020. Technical error.
Sec. 330021. Conforming spelling of variants of kidnap
Sec. 330022. Margin error.
Sec. 330023. Technical corrections relating to section 248 of title 18,
United States Code.
Sec. 330024. Technical amendments necessitated by the enactment of the
Domestic Chemical Diversion Control Act of 1993.
Sec. 330025. Victims of Crime Act.

TITLE I--PUBLIC SAFETY AND POLICING

SEC. 10001. SHORT TITLE.
This title may be cited as the "Public Safety Partnership and Community
Policing Act of 1994".
SEC. 10002. PURPOSES.
The purposes of this title are to--
(1) substantially increase the number of law enforcement officers
interacting directly with members of the community ("cops on the
beat");
(2) provide additional and more effective training to law enforcement
officers to enhance their problem solving, service, and other skills
needed in interacting with members of the community;
(3) encourage the development and implementation of innovative programs
to permit members of the community to assist State, Indian tribal
government, and local law enforcement agencies in the prevention of
crime in the community; and
(4) encourage the development of new technologies to assist State,
Indian tribal government, and local law enforcement agencies in
reorienting the emphasis of their activities from reacting to crime to
preventing crime, by establishing a program of grants and assistance in
furtherance of these objectives, including the authorization for a
period of 6 years of grants for the hiring and rehiring of additional
career law enforcement officers.

                                             15

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

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

"SEC. 170. AUTHORITY TO MAKE Public Safety and Community POLICING
GRANTS.
"(a) GRANT Authorization.--The Attorney General may make grants to
States, units of local government, Indian tribal governments, other
public and private entities, and multi-jurisdictional or regional
consortia thereof to increase police presence, to expand and improve
cooperative efforts between law enforcement agencies and members of the
community to address crime and disorder problems, and otherwise to
enhance public safety.
"(b) REHIRING, HIRING, AND INITIAL REDEPLOYMENT GRANT PROJECTS.-
"(1) IN GENERAL.--Grants made under subsection (a) may
be used for programs, projects, and other activities to-
"(A) rehire law enforcement officers who have been laid off as a result
of State and local budget reductions for deployment in
community-oriented Policing;
"(B) hire and train new, additional career law enforcement officers for
deployment in community-oriented policing across the Nation, and
"(C) procure equipment, technology, or support systems, or pay
overtime, if the applicant for such a grant demonstrates to the
satisfaction of the Attorney General that expenditures for such
purposes would result in an increase in the number of officers deployed
in community-oriented policing equal to or greater than the increase in
the number of officers that would result from a grant for a like amount
for the purposes specified in subparagraph (A) or (B).
(2) GRANTS FOR EQUIPMENT, TECHNOLOGY, AND SUPPORT
SYSTEMS.--Grants pursuant to paragraph (V(C)-
"(A) may not exceed-

"(i) 20 percent of the funds available for grants
pursuant to this subsection in fiscal year 1995;
"(ii) 20 percent of the funds available for grants
pursuant to this subsection in fiscal year 1996; or,
"(iii) 10 percent of the funds available for grants
pursuant to this subsection in fiscal years 1997, 1998,
1999, and 2000; and
"(B) may not be awarded in fiscal years 1998, 1999, or 2000 unless the
Attorney General has certified that grants awarded in fiscal years
1995, 1996, and 1997 pursuant to subparagraph (l)(C) have resulted in
an increase in the number of officers deployed in community-oriented
policing equal to or greater than the increase in the number of offi-
cers that have resulted from the grants in like amounts
awarded in fiscal years 1995, 1996 and 1997 pursuant to paragraph (1)
(A) and (B).
"(c) TROOPS-TO-COPS PROGRAMS.--
"(1) IN GENERAL.--Grants made under subsection (a) may be used to hire
former members of the Armed Forces to serve as career law enforcement
officers for deployment in community-oriented policing, particularly in
communities that are adversely affected by a recent military base
closing.
"(2) DEFINITION.--In this subsection, former member of the Armed
Forces' means a member of the Armed Forces of the United States who is
involuntarily separated from the Armed Forces within the meaning of
section 1141 of title 10, United States Code.
'(d) ADDITIONAL GRANT PROJECTS.--Grants made under subsection (a) may
include programs, projects, and other activities to-- "(1) increase the
number of law enforcement officers involved in activities that are
focused on interaction with members of the community on proactive crime
control and prevention by redeploying officers to such activities;
"(2) provide specialized training to law enforcement officers to
enhance their conflict resolution, mediation, problem solving, service,
and other skills needed to work in partnership with members of the
community;
"(3) increase police participation in multidisciplinary early
intervention teams;
"(4) develop new technologies to assist State and local law enforcement
agencies in reorienting the emphasis of their activities from reacting
to crime to preventing crime;
"(5) develop and implement innovative programs to permit members of the
community to assist State and local law enforcement agencies in the
prevention of crime in the community, such as a citizens' police
academy, including programs designed to increase the level of access to
the criminal justice system enjoyed by victims, witnesses, and ordinary
citizens by establishing decentralized satellite offices (including
video facilities) of principal criminal courts buildings;
"(6) establish innovative programs to reduce, and keep to a minimum,
the amount of time that law enforcement officers must be away from the
community while awaiting court appearances;
"(7) establish and implement innovative programs to increase and
enhance proactive crime control and prevention programs involving law
enforcement officers and young persons in the community;
"(8) develop and establish new administrative and managerial systems to
facilitate the adoption of community-oriented policing as an
organization-wide philosophy;
"(9) establish, implement, and coordinate crime prevention and control
programs (involving law enforcement officers working with community
members) with other Federal programs that serve the community and
community members to better address the comprehensive needs of the
community and its members; and

                                             17

"(10) support the purchase by a law enforcement agency of no more than
1 service weapon per officer, upon hiring for deployment in
community-oriented policing or, if necessary, upon existing officers'
initial redeployment to community-oriented policing.
"(e) PREFERENTIAL CONSIDERATION OF APPLICATIONS FOR CERTAIN GRANTS.--In
awarding grants under this part, the Attorney General may give
preferential consideration, where feasible, to applications for hiring
and rehiring additional career law enforcement officers that involve a
non-Federal contribution exceeding the 25 percent minimum under
subsection (z).
"(f) TECHNICAL ASSISTANCE--
"(1) IN GENERAL.--The Attorney General may provide technical assistance
to States, units of local government, Indian tribal governments, and to
other public and private entities, in furtherance of the purposes of
the Public Safety Partnership and Community Policing Act of 1994.
"(2) MODEL.--The technical assistance provided by the Attorney General
may include the development of a flexible model that will define for
State and local governments, and other public and private entities,
definitions and strategies associated with community or
problem-oriented policing and methodologies for its implementation.
"(3) TRAINING CENTERS AND FACILITIES.--The technical assistance
provided by the Attorney General may include the establishment and
operation of training centers or facilities, either directly or by
contracting or cooperative arrangements. The functions of the centers
or facilities established under this paragraph may include instruction
and seminars for police executives, managers, trainers, supervisors,
and such others as the Attorney General considers to be appropriate
concerning community or problem-oriented policing and improvements in
police-community interaction and cooperation that further the purposes
of the Public Safety Partnership and Community Policing Act of 1994.
(g) UTILIZATION OF COMPONENTS.--The Attorney General may utilize any
component or components of the Department of Justice in carrying out
this part.
"(h) MINIMUM AMOUNT.--Unless all applications submitted by any State
and grantee within the State pursuant to subsection (a) have been
funded, each qualifying State, together with grantees within the State,
shall receive in each fiscal year pursuant to subsection (a) not less
than 0.5 percent of the total amount appropriated in the fiscal year
for grants pursuant to that subsection. In this subsection, 'qualifying
State' means any State which has submitted an application for a grant,
or in which an eligible entity has submitted an application for a
grant, which meets the requirements prescribed by the Attorney General
and the conditions set out in this part.
(i) MATCHING FUNDS.--The portion of the costs of a program, proJect, or
activity provided by a grant under subsection (a) may not exceed 75
percent, unless the Attorney General waives, wholly or in part, the
requirement under this subsection of a non-Federal contribution to the
costs of a program, project, or activity. In relation
18

to a grant for a period exceeding 1 year for hiring or rehiring career
law enforcement officers, the Federal share shall decrease from year to
year for up to 5 years, looking toward the continuation of the in-
creased hiring level using State or local sources of funding following
the conclusion of Federal support, as provided in an approved plan
pursuant to section 1702(c)(8).
'(j) ALLOCATION OF FUNDS.--The funds available under this part shall be
allocated as provided in section 1001(a)(11)(B).
"(k) TERMINATION OF GRANTS FOR HIRING OFFICERS.--The authority under
subsection (a) of this section to make grants for the hiring and
rehiring of additional career law enforcement officers shall lapse at
the conclusion of 6 years from the date of enactment of this part.
Prior to the expiration of this grant authority, the Attorney General
shall submit a report to Congress concerning the experience with and
effects of such grants. The report may include any recommendations the
Attorney General may have for amendments to this part and related
provisions of law in light of the termination of the authority to make
grants for the hiring and rehiring of additional career law enforcement
officers.

"SEC.1702. APPLICATIONS.
'(a) IN GENERAL.--No grant may be made under this part unless an
application has been submitted to, and approved by, the Attorney
General.
(b) APPLICATION.--An application for a grant under this part shall be
submitted in such form, and contain such information, as the Attorney
General may prescribe by regulation or guidelines.
(c) CONTENTS.--In accordance with the regulations or guidelines
established by the Attorney General, each application for a grant under
this part shall--
"(1) include a long-term strategy and detailed implementation plan that
reflects consultation with community groups and appropriate private and
public agencies and reflects consideration of the statewide strategy
under section 503(a)(1k
"(2) demonstrate a specific public safety need;
"(3) explain the applicant's inability to address the need without
Federal assistance;
"(4) identify related governmental and community initiatives which
complement or will be coordinated with the proposal;
"(5) certify that there has been appropriate coordination with all
affected agencies;
"(6) outline the initial and ongoing level of community support for
implementing the proposal including financial and inkind contributions
or other tangible commitments;
"(7) specify plans for obtaining necessary support and continuing the
proposed program, project, or activity following the conclusion of
Federal support;
"(8) if the application is for a grant for hiring or rehiring
additional career law enforcement officers, specify plans for the
assumption by the applicant of a progressively larger share of the cost
in the course of time, looking toward the continuation of the increased
hiring level using State or local sources of funding following the
conclusion of Federal support;

19

"(9) assess the impact, if any, of the increase in police resources on
other components of the criminal justice system;
"(10) explain how the grant will be utilized to reorient the affected
law enforcement agency's mission toward community-oriented policing or
enhance its involvement in or commitment to community-oriented
policing; and
"(11) provide assurances that the applicant will, to the extent
practicable, seek, recruit, and hire members of racial and ethnic
minority groups and women in order to increase their ranks within the
sworn positions in the law enforcement agency.
"(d) SPECIAL PROVISIONS.--
"(1) SMALL Jurisdictions.--Notwithstanding any other provision of this
part, in relation to applications under this part of units of local
government or law enforcement agencies having jurisdiction over areas
with population of less than 50,000, the Attorney General may waive 1
or more of the requirements of subsection (c) and may otherwise make
special provisions to facilitate the expedited submission, processing,
and approval of such applications.
"(2) SMALL GRANT AMOUNT.--Notwithstanding any other provision of this
part, in relation to applications under section 1701(d) for grants of
less than $1,000,000, the Attorney General may waive 1 or more of the
requirements of subsection (c) and may otherwise make special
provisions to facilitate the expedited submission, processing, and
approval of such applications.
SEC. 1703. RENEWAL OF GRANTS.
"(a) IN GENERAL.--Except for grants made for hiring or rehiring
additional career law enforcement officers, a grant under this part may
be renewed for up to 2 additional years after the first fiscal year
during which a recipient receives its initial grant, if the Attorney
General determines that the funds made available to the recipient were
used in a manner required under an approved application and if the
recipient can demonstrate significant progress in achieving the
objectives of the initial application.
(b) GRANTS FOR Hiring. Grants made for hiring or rehiring additional
career law enforcement officers may be renewed for up to 5 years,
subject to the requirements of subsection (a), but notwithstanding the
limitation in that subsection concerning the number of years for which
grants may be renewed.
"(c) MULTIYEAR GRANTS.--A grant for a period exceeding 1 year may be
renewed as provided in this section, except that the total duration of
such a grant including any renewals may not exceed 3 years, or 5 years
if it is a grant made for hiring or rehiring additional career law
enforcement officers.
"SEC 1704. LIMITATION ON USE OF FUNDS.
(a) NONSUPPLANTING Requirement.--Funds made available under this part
to States or units of local government shall not be used to supplant
State or local funds, or, in the case of Indian tribal governments,
funds supplied by the Bureau of Indian Affairs, but shall be used to
increase the amount of funds that would, in the absence of Federal
funds received under this part, be made available

from State or local sources, or in the case of Indian tribal govern-
ments, from funds supplied by the Bureau of Indian Affairs.
(b) NON-FEDERAL COSTS.--
"(1) IN GENERAL States and units of local government may use assets
received through the Assets Forfeiture equitable sharing program to
provide the non-Federal share of the cost of programs, projects, and
activities funded under this part.
"(2) INDIAN TRIBAL GOVERNMENTS.--Funds appropriated by the Congress for
the activities of any agency of an Indian tribal government or the
Bureau of Indian Affairs performing law enforcement functions on any
Indian lands may be used to provide the non-Federal share of the cost
of programs or projects funded under this part.
"(c) HIRING COSTS.--Funding provided under this part for hiring or
rehiring a career law enforcement officer may not exceed ~J;75,000,
unless the Attorney General grants a waiver from this limitation.
"SEC. 170~;. PERFORMANCE EVALUATION
(a) MONITORING COMPONENTS.--Each program, project, or activity funded
under this part shall contain a monitoring component, developed
pursuant to guidelines established by the Attorney General. The
monitoring required by this subsection shall include systematic
identification and collection of data about activities,
accomplishments, and programs throughout the life of the program,
proJect, or activity and presentation of such data in a usable form.
(b) EVALUATION COMPONENTS.--Selected grant recipients shall be
evaluated on the local level or as part of a national evaluation
pursuant to guidelines established by the Attorney General. Such
evaluations may include assessments of individual program imple-
mentations. In selected jurisdictions that are able to support outcome
evaluations, the effectiveness of funded programs, projects, and
activities may be required Outcome measures may include crime and
victimization indicators, quality or life measures, community
perceptions, and police perceptions of their own work.
(c) PERIODIC REVIEW AND REPORTS.--The Attorney General may require a
grant recipient to submit to the Attorney General the results of the
monitoring and evaluations required under subsections (a) and (b) and
such other data and information as the Attorney General deems
reasonably necessary.
"SEC. 1706. REVOCATION OR SUSPENSION OF Funding.
"If the Attorney General determines, as a result of the reviews
required by section 1706, or otherwise, that a grant recipient under
this part is not in substantial compliance with the terms and
requirements of an approved grant application submitted under section
1702, the Attorney General may revoke or suspend funding of that grant,
in whole or in part.
"SEC. 1707. ACCESS TO DOCUMENTS.
(a) BY THE ATTORNEY GENERAL--The Attorney General shall have access for
the purpose of audit and examination to any pertinent books, documents,
papers, or records of a grant recipient under this part and to the
pertinent books, documents, papers, or records of State and local
governments, persons, businesses, and other entities
ties that are involved in programs, projects, or activities for which
assistance is provided under this part.
"(b) BY THE COMPTROLLER GENERAL.--Subsection (a) shall apply with
respect to audits and examinations conducted by the Comptroller General
of the United States or by an authorized representative of the
Comptroller General.
c. 1708. GENERAL REGULATORY AUTHORITY.
"The Attorney General may promulgate regulations and guidelines to
carry out this part.
"SEC. 1709. DEFINITIONS
"In this part--
" 'career law enforcement officer' means a person hired on a permanent
basis who is authorized by law or by a State or local public agency to
engage in or supervise the prevention, detection, or investigation or
violations of criminal laws.
" 'citizens' police academy' means a program by local law enforcement
agencies or private non profit organizations in which citizens,
especially those who participate in neighborhood watch programs, are
trained in ways of facilitating communication between the community and
local law enforcement in the prevention of crime.
" 'Indian tribe' means a tribe, band, pueblo, nation, or other or-
ganized group or community of Indians, including an Alaska Native
village (as defined in or established under the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as
eligible for the special programs and services provided by the United
States to Indians because of their status as Indians. ".
(b) TECHNICAL AMENDMENT.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711, et
seq.) is amended by striking the item relating to part Q and inserting
the following:
"PART Q--PUBLIC SAFETY AND COMMUNITY POLICING; 'COPS ON THE BEAT' "Sec.
1701. Authority to make public safety and community policing grants.
Sec. 1702. Applications.
sec. 1703. Renewal of grants.
"Sec. 1704. Limitation on use of funds. "Sec. 1705. Performance
evaluation.
"Sec. 1706. Revocation o, suspension of funding. "Sec. 1707. Access to
documents.
"Sec. 1708. General regulatory authority. "Sec. 1709. Definition.
"PART R--TRANSITION; EFFECTIVE DATE; REPEALER "Sec. 1801. Continuation
Of rules, authorities, and proceedings." (c) AUTHORIZATION OF
APPROPRIATIONS.--Section 1001(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended--
(1) in paragraph (3) by striking "and O" and inserting "O, P, and Q";
and
(2) by adding at the end the following new paragraph:
''(IV(A) There are authorized to be appropriated to carry out part Q to
remain available until expended--
"(i) $1,332,000,000 for fiscal year 1995;
"(ii) $1,850,000,000 for fiscal year 1996;
22

"(iii) $1,950,000,000 for fiscal year 1997;
"(iv) $1,700,000,000 for fiscal year 1998;
"(v) $1,700,000,000 for fiscal year 1999; and
"(vi) $268,000,000 for fiscal year 2000.

"(B) Of funds available under part Q in any fiscal year, up to three
percent may be used for technical assistance under section 1701(f) or
for evaluations or studies carried out or commissioned by the Attorney
General in furtherance of the purposes of part Q. Of the remaining
funds, 50 percent shall be allocated for grants pursuant to
applications submitted by units of local government or law enforcement
agencies having jurisdiction over areas with populations exceeding
150,000 or by public and private entities that serve areas with
populations exceeding 150,000, and 50 percent shall be allocated for
grants pursuant to applications submitted by units of local government
or law enforcement agencies having jurisdiction over areas with
populations 150,000 or less or by public and private entities that
serve areas with populations 150,000 or less. Of the funds available in
relation to grants under part Q at least 85 percent shall be applied to
grants for the purposes specified in section 1701(b), and no more than
15 percent may be applied to other grants in furtherance of the
purposes of part Q. In view of the extraordinary need for law
enforcement assistance in Indian country, an appropriate amount of
funds available under part Q shall be made available for grants to
Indian tribal governments or tribal law enforcement agencies.".

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

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

                                             23

that the inmate is a violent offender and for a period of time deemed
necessary to protect the public;
(2) assurances that the State or States have implemented policies that
provide for the recognition of the rights and needs of crime victims;
(3) assurances that funds received under this section will be used to
develop, expand, modify, operate, or improve correctional facilities
and programs to ensure that prison cell space is available for the
confinement of violent offenders;
(4) assurances that the State or States have a comprehensive
correctional plan which represents an integrated approach to the
management and operation of correctional facilities and programs and
which includes diversion programs, particularly drug diversion
programs, community corrections programs, a prisoner screening and
security classification system, appropriate professional training for
corrections officers in dealing with violent offenders, prisoner
rehabilitation and treatment programs, prisoner work activities
(including, to the extent practicable, activities relating to the
development, expansion, modification, or improvement of correctional
facilities) and job skills programs, educational programs, a
pre-release prisoner assessment to provide risk reduction management,
post-release assistance, and an assessment of recidivism rates;
(5) assurances that the State or States have involved counties and
other units of local government, when appropriate, in the development,
expansion, modification, operation or improvement of correctional
facilities and programs designed to ensure the incarceration of violent
offenders, and that the State or States will share funds received under
this section with counties and other units of local government, taking
into account the burden placed on these units of government when they
are required to confine sentenced prisoners because of overcrowding in
State prison facilities;
(6) assurances that funds received under this section will be used to
supplement, not supplant, other Federal, State, and local funds
(7) assurances that the State or States have implemented,or will
implement within 18 months after the date of the enactment of this Act,
policies to determine the veteran status of inmates and to ensure that
incarcerated veterans receive the veterans benefits to which they are
entitled;
(8) if applicable, documentation of the multi-State compact agreement
that specifies the development, expansion, modification, operation, or
improvement of correctional facilities and programs; and
(9) if applicable, a description of the eligibility criteria for
prisoner participation in any boot camp that is to be funded.
(c) CONSIDERATION.--The Attorney General, in making such grants, shall
give consideration to the special burden placed on States which
incarcerate a substantial number of inmates who are in the United
States illegally.

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

each of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be
made available for Truth in Sentencing Incentive Grants. To be eligible
to receive such a grant, a State must meet the requirements of section
20101(b) and shall demonstrate that the State--
(1) has in effect laws which require that persons convicted of violent
crimes serve not less than 85 percent of the sentence imposed; or
(2) since 1993--
(A) has increased the percentage of convicted violent of
fenders sentenced to prison;
(B) has increased the average prison time which will be
served in prison by convicted violent offenders sentenced to prison;
(C) has increased the percentage of sentence which will
be served in prison by violent offenders sentenced to prison,
and
(D) has in effect at the time of application laws requiring that a
person who is convicted of a violent crime shall serve not less than 85
percent of the sentence imposed if-- (i) the person has been convicted
on 1 or more prior occasions in a court of the United States or of a
State of a violent crime or a serious drug offense; and
(ii) each violent crime or serious drug offense was committed after the
defendant's conviction of the pre
ceding violent crime or serious drug offense.
(b) ALLOCATION OF TRUTH IN SENTENCING INCENTIVE FUNDS.--
(1) FORMULA ALLOCATION.--The amount available to carry out this section
for any fiscal year under subsection (a) shall be allocated to each
eligible State in the ratio that the number of part 1 violent crimes
reported by such State to the Federal Bureau of Investigation for 1993
bears to the number of part 1 violent crimes reported by all States to
the Federal Bureau of Investigation for 1993.
(2) TRANSFER OF UNUSED FUNDS.--On September 30 of each of fiscal years
1996, 1998, 1999, and 2000, the Attorney General shall transfer to the
funds to be allocated under section 20103(b)(1) any funds made
available to carry out this section that are not allocated to an
eligible State under paragraph (1). SEC 20103. VIOLENT OFFENDER
INCARCERATION GRANTS.
(a) VIOLENT OFFENDER INCARCERATION GRANT PROGRAM.-- Sixty percent of
the total amount of funds appropriated to carry out this subtitle for
each of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be
------------------------------ Cut here ------------------------------
Part 2/16, total size 65509 bytes:

------------------------------ Cut here ------------------------------
made available for Violent Offender Incarceration Grants. To be
eligible to receive such a grant, a State or States must meet the
requirements of section 20101(b).
(b) ALLOCATION OF VIOLENT OFFENDER INCARCERATION FUNDS.--
(1) FORMULA ALLOCATION.--Eighty-five percent of the sum of the amount
available for Violent Offender Incarceration Grants for any fiscal year
under subsection (a) and any amount transferred under section
20102(b)(2) for that fiscal year shall be allocated as follows:
(A) 0.25 percent shall be allocated to each eligible State
except that the United States Virgin Islands, American

                                             25

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

SEC.20104. MATCHING REQUIREMENT.
The Federal share of a grant received under this subtitle may not
exceed 75 percent of the costs of a proposal described in an ap-
plication approved under this subtitle.
SEC. 20105. RULES AND REGULATIONS.
(a) The Attorney General shall issue rules and regulations regarding
the uses of grant funds received under this subtitle not later than 90
days after the date of enactment of this Act.
(b) If data regarding part 1 violent crimes in any State for 1993 is
unavailable or substantially inaccurate, the Attorney General shall
utilize the best available comparable data regarding the number of
violent crimes for 1993 for that State for the purposes of allocation
of any funds under this subtitle.

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





                                             26

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

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

Subtitle B--Punishment for Young
Offenders

SEC 20201. CERTAIN PUNISHMENT FOR YOUNG OFFENDERS.
(a) IN GENERAL.--Title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 10003(a),
is amended-
(I) by redesignating part R as part S;
(2) by redesignating section 1801 as section 1901; and
(3) by inserting after part Q the following new part:








                                             27

"PART R--Certain PUNISHMENT FOR YOUNG
OFFENDERS

"SEC.1801. GRANT AUTHORIZATION.
(a) IN GENERAL.--The Attorney General may make grants under this part
to States, for the use by States and units of local government, for the
purpose of developing alternative methods of punishment for young
offenders to traditional forms of incarceration and probation.
(b) ALTERNATIVE METHODS.--The alternative methods of punishment
referred to in subsection (a) should ensure certain punishment for
young offenders and promote reduced recidivism, crime prevention, and
assistance to victims, particularly for young offenders who can be
punished more effectively in an environment other than a traditional
correctional facility, including-
"(I) alternative sanctions that create accountability and certain
punishment for young offenders;
"(2) restitution programs for young offenders;
"(3) innovative projects, such as projects consisting of education and
job training activities for incarcerated young offenders, modeled, to
the extent practicable, after activities carried out under part B of
title IV of the Job Training Partnership Act (relating to Job Corps)
(29 U.S.C. 1691 et seq.) and projects that provide family counseling;
"(4) correctional options, such as community-based incarceration,
weekend incarceration, and electronic monitoring of offenders;
"(5) community service programs that provide work service placement for
young offenders at non-profit, private organizations and community
organizations;
"(6) innovative methods that address the problems of young offenders
convicted of serious substance abuse (including alcohol abuse) and
gang-related offenses; and
"(7) adequate and appropriate after care programs for young offenders,
such as substance abuse treatment, education programs, vocational
training, job placement counseling, family counseling and other support
programs upon release.

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






                                             28

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

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

.1804. LOCAL APPLICATIONS.
(a) IN GENERAL.--
(1) SUBMISSION OF APPLICATION.--To request funds under this part from a
State, the chief executive of a unit of local government shall submit
an application to the office designated under section 1802(b).
"(2) APPROVAL.--An application under paragraph (V shall be considered
to have been approved, in whole or in part, by the State not later than
45 days after such application is first received unless the State
informs the applicant in writing of specific reasons for disapproval.
"(3) DISAPPROVAL.--The State shall not disapprove any application
submitted to the State without first affording the applicant reasonable
notice and an opportunity for reconsideration.
(4) EFFECT OF APPROVAL.--If an application under subsection (a) is
approved, the unit of local government is eligible to receive funds
under this part.
(b) DISTRIBUTION TO UNITS OF LOCAL GOVERNMENT.--A State that receives
funds under section 1801 in a fiscal year shall make such funds
available to units of local government with an application that has
been submitted and approved by the State within 45 days after the
Attorney General has approved the application submitted by the State
and has made funds available to the State. The Attorney General may
waive the 45-day requirement in this section

                                             29

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

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

SEC. 1806. EVALUATION.
(a) IN GENERAL.--
"(1) SUBMISSION TO THE DIRECTOR.--Each State and unit of local
government that receives a grant under this part shall submit to the
Attorney General an evaluation not later than March 1 of each year in
accordance with guidelines issued by the Attorney General. Such
evaluation shall include an appraisal by representatives of the
community of the programs funded by the grant.
"(2) WAIVER.--The Attorney General may waive the requirement specified
in paragraph (V if the Attorney General determines that such evaluation
is not warranted in the case of the State or unit of local government
involved.
"(b) DISTRIBUTION.--The Attorney General shall make available to the
public on a timely basis evaluations received under subsection

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

PART R--CERTAIN PUNISHMENTS FOR YOUNG OFFENDERS

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

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

(d) AUTHORIZATION OF APPROPRIATIONS.--Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 10003(c), is amended--
(1) in paragraph (3) by striking "and Q" and inserting "Q or R"; and
(2) by adding at the end the following new paragraph:
"(16) There are authorized to be appropriated to carry out projects
under part R--

                                             31

"(A) $20,000,000 for fiscal year 1996;
"(B) $25,000,000 for fiscal year 1997;
"(C) $30,000,000 for fiscal year 1998;
"(D) $35,000,000 for fiscal year 1999; and
"(E) $40,000,000 for fiscal year 2000.".

Subtitle C--Alien Incarceration

SEC. 20301. INCARCERATION OF UNDOCUMENTED CRIMINAL ALIENS.
(a) Incarceration.--Section 242 of the Immigration and Nationality Act
(8 U.S.C. 1252) is amended by adding at the end the following new
subsection:
"(j) INCARCERATION.--
"(1) If the chief executive officer of a State (or, if appropriate, a
political subdivision of the State) exercising authority with respect
to the incarceration of an undocumented criminal alien submits a
written request to the Attorney General, the Attorney General shall, as
determined by the Attorney General--
"(A) enter into a contractual arrangement which provides for
compensation to the State or a political subdivi-
sion of the State, as may be appropriate, with respect to the
incarceration of the undocumented criminal alien, or
"(B) take the undocumented criminal alien into the custody of the
Federal Government and incarcerate the alien."(2) Compensation under
paragraph (1)(A) shall be the average cost of incarceration of a
prisoner in the relevant State as determined by the Attorney General.
"(3) For purposes of this subsection, the term 'undocumented criminal
alien' means an alien who--
"(A) has been convicted of a felony and sentenced to a
term of imprisonment; and
"(B)(i) entered the United States without inspection or
at any time or place other than as designated by the Attorney General;
"(ii) was the subject of exclusion or deportation proceedings at the
time he or she was taken into custody by the
State or a political subdivision of the State; or
"(iii) was admitted as a nonimmigrant and at the time
he or she was taken into custody by the State or a political
subdivision of the State has failed to maintain the nonimmigrant status
in which the alien was admitted or to which it was changed under
section 248, or to comply with the conditions of any such status.
"(4)(A) In carrying out paragraph (1), the Attorney General shall give
priority to the Federal incarceration of undocumented criminal aliens
who have committed aggravated felonies.
"(B) The Attorney General shall ensure that undocumented criminal
aliens incarcerated in Federal facilities pursuant to this subsection
are held in facilities which provide a level of security appropriate to
the crimes for which they were convicted.
"(5) There are authorized to be appropriated such sums as may be
necessary to carry out this subsection, of which the fol-
                                  32

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

Subtitle D--Miscellaneous Provisions

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

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

                                             33

      "(c) The Attorney General shall prepare and transmit to the
Congress, by March 1 of each year, a prison impact assessment re-
flecting the cumulative effect of all relevant changes in the law tak-
ing effect during the preceding calendar year.".
      (b) TECHNICAL AMENDMENT.--The chapter analysis for chapter 303 is
amended by adding at the end the following new item:
"4047. Prison impact assessments."

SEC. 20403. SENTENCES TO ACCOUNT FOR COSTS TO THE GOVERNMENT OF
IMPRISONMENT, RELEASE, AND Probation.
(a) IMPOSITION OF SENTENCE.--Section 3572(a) of title 18, United States
Code, is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(2) by inserting after paragraph (5) the following new para-
graph:
"(6) the expected costs to the government of any imprisonment,
supervised release, or probation component of the sentence;".
(b) DUTIES OF THE SENTENCING COMMISSION.--Section 994 of title 28,
United States Code, is amended by adding at the end the following new
subsection:
"(y) The Commission, in promulgating guidelines pursuant to subsection
(a)(1), may include, as a component of a fine, the expected costs to
the Government of any imprisonment, supervised release, or probation
sentence that is ordered.".
SEC. 20404. APPLICATION TO PRISONERS TO WHICH PRIOR LAW APPLIES.
In the case of a prisoner convicted of an offense committed prior to
November 1, 1987, the reference to supervised release in section
4042(b) of title 18, United States Code, shall be deemed to be a ref-
erence to probation or parole.
SEC.20405. CREDITING OF "GOOD TIME".
Section 3624 of title 18, United States Code, is amended--
(1) by striking "he" each place it appears and inserting "the
prisoner";
(2) by striking "his" each place it appears and inserting the
prisoner's"
(3) in subsection (d) by striking "him" and inserting "the
prisoner"; and
(4) in subsection (b)--
(A) in the first sentence by inserting "(other than a
prisoner serving a sentence for a crime of violence)" after "A
prisoner" and
(B) by inserting after the first sentence the following:
"A prisoner who is serving a term of imprisonment of more
than 1 year for a crime of violence, other than a term of im-
prisonment for the duration of the prisoner's life, may re-
ceive credit toward the service of the prisoner's sentence, be-
yond the time served, of up to 54 days at the end of each
year of the prisoner's term of imprisonment, beginning at
the end of the first year of the term, subject to determina-
tion by the Bureau of Prisons that, during that year, the


                                             34

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


SEC. 20406. TASK FORCE ON PRISON CONSTRUCTION STANDARDIZATION AND
TECHNIQUES.
(a) TASK FORCE.--The Director of the National Institute of Corrections
shall, subject to availability of appropriations, establish a task
force composed of Federal, State, and local officials expert in prison
construction, and of at least an equal number of engineers, architects,
and construction experts from the private sector with expertise in
prison design and construction, including the use of cost cutting
construction standardization techniques and cost-cutting new building
materials and technologies.
(b) COOPERATION.--The task force shall work in close cooperation and
communication with other State and local officials responsible for
prison construction in their localities.
(c) PERFORMANCE REQUIREMENTS.--The task force shall work to-
(1) establish and recommend standardized construction
plans and techniques for prison and prison component con-
struction; and
(2) evaluate and recommend new construction technologies,
techniques, and materials, to reduce prison construction costs at the
Federal, State, and local levels and make such construction more
efficient.
(d) DISSEMINATION.--The task force shall disseminate information
described in subsection (c) to State and local officials involved in
prison construction, through written reports and meetings.
(e) PROMOTION AND EVALUATION.--The task force shall--
(1) work to promote the implementation of cost-saving efforts
at the Federal, State, and local levels;
(2) evaluate and advise on the results and effectiveness of
such cost-saving efforts as adopted, broadly disseminating in-
formation on the results; and
(3) to the extent feasible, certify the effectiveness of the cost
savings efforts. SEC 20407. EFFICIENCY IN LAW ENFORCEMENT AND
CORRECTIONS.
(a) IN GENERAL.--In the administration of each grant program funded by
appropriations authorized by this Act or by an amendment made by this
Act, the Attorney General shall encourage-
(1) innovative methods for the low-cost construction of fa-
cilities to be constructed, converted, or expanded and the low-
cost operation of such facilities and the reduction of administra-
tive costs and overhead expenses; and
(2) the use of surplus Federal property.
(b) ASSESSMENT OF CONSTRUCTION COMPONENTS AND DE
SIGNS.--The Attorney General may make an assessment of the cost
efficiency and utility of using modular, prefabricated, precast, and
pre-engineered construction components and designs for housing
nonviolent criminals.


                                             35

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

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

SEC. 20409. APPROPRIATE REMEDIES FOR PRISON OVERCROWDING.
(a) AMENDMENT OF TITLE 18, UNITED STATES CODE.--Subchapter C of chapter
229 of part 2 of title 18, United States Code, is amended by adding at
the end the following new section:

"3626. Appropriate remedies with respect to prison crowding

"(a) REQUIREMENT OF SHOWING WITH RESPECT TO THE PLAINTIFF IN
PARTICULAR.-
"(1) HOLDING.--A Federal court shall not hold prison or jail crowding
unconstitutional under the eighth amendment except to the extent that
an individual plaintiff inmate proves that the crowding causes the
infliction of cruel and unusual punishment of that inmate.
"(2) RELIEF.--The relief in a case described in paragraph (1) shall
extend no further than necessary to remove the conditions that are
causing the cruel and unusual punishment of the plaintiff inmate.
(b) INMATE POPULATION CEILINGS.-
"(1) REQUIREMENT OF SHOWING WITH RESPECT TO PARTICULAR PRISONERS.--A
Federal court shall not place a ceiling on the inmate population of any
Federal, State, or local detention facility as an equitable remedial
measure for conditions that violate the eighth amendment unless
crowding is inflicting cruel and unusual punishment on particular
identified prisoners.
"(2) RULE OF CONSTRUCTION.--Paragraph (1) shall not be construed to
have any effect on Federal judicial power to issue
                                  36

equitable relief other than that described in paragraph (1), in-
cluding the requirement of improved medical or health care and
the imposition of civil contempt fines or damages, where such
relief is appropriate.
"(c) PERIODIC REOPENING.--Each Federal court order or consent decree
seeking to remedy an eighth amendment violation shall be reopened at
the behest of a defendant for recommended modification at a minimum of
2-year intervals.".
(b) APPLICATION OF AA~--Section 3626 of title 18, United States Code,
as added by paragraph (1), shall apply to all outstanding court orders
on the date of enactment of this Act. Any State or municipality shall
be entitled to seek modification of any outstanding eighth amendment
decree pursuant to that section.
(c) TECHNICAL AMENDMENT.--The subchapter analysis for subchapter C of
chapter 229 of title 18, United States Code, is amended by adding at
the end the following new item:
3626. Appropriate remedies with respect to prison crowding

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

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

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

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

SEC. 20412. EDUCATION REQUIREMENT FOR EARLY RELEASE.

Section 3624(b) of title 18, United States Code, is amended--
(1) by inserting "(I)" after "behavior.--";

                                             37

(2) by striking "Such credit toward service of sentence vests
at the time that it is received. Credit that has vested may not later
be withdrawn, and credit that has not been earned may not later be
granted." and inserting "Credit that has not been earned may not later
be granted."; and (3) by adding at the end the following:
"(2) Credit toward a prisoner's service of sentence shall not be vested
unless the prisoner has earned or is making satisfactory progress
toward a high school diploma or an equivalent degree.
"(3) The Attorney General shall ensure that the Bureau of Prisons has
in effect an optional General Educational Development program for
inmates who have not earned a high school diploma or its equivalent.
"(4) Exemptions to the General Educational Development requirement may
be made as deemed appropriate by the Director of the Federal Bureau of
Prisons.".
SEC. 20413. CONVERSION OF CLOSED MILITARY INSTALLATIONS AND OF FEDERAL
PRISON FACILITIES.
(a) STUDY OF SUITABLE BASES.--The Secretary of Defense and the Attorney
General shall jointly conduct a study of all military installations
selected before the date of enactment of this Act to be closed pursuant
to a base closure law for the purpose of evaluating the suitability of
any of these installations, or portions of these installations, for
conversion into Federal prison facilities. As part of the study, the
Secretary and the Attorney General shall identify the military
installations so evaluated that are most suitable for conversion into
Federal prison facilities.
(b) SUITABILITY FOR CONVERSION.--In evaluating the suitability of a
military installation for conversion into a Federal prison facility,
the Secretary of Defense and the Attorney General shall consider the
estimated cost to convert the installation into a prison facility and
such other factors as the Secretary and the Attorney General consider
to be appropriate.
(c) TIME FOR STUDY.--The study required by subsection (a) shall be
completed not later than the date that is 180 days after the date of
enactment of this Act.
(d) CONSTRUCTION OF FEDERAL PRISONS.--
(1) IN GENERAL.--In determining where to locate any new
Federal prison facility, and in accordance with the Department
of Justice's duty to review and identify a use for any portion of
an installation closed pursuant to title II of the Defense Author-
ization Amendments and Base Closure and Realignment Act
(Public Law 100~26) and the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of Public Law 101-
~10), the Attorney General shall--
(A) consider whether using any portion of a military installation
closed or scheduled to be closed in the region pursuant to a base
closure law provides a cost-effective alternative to the purchase of
real property or construction of new prison facilities;
(B) consider whether such use is consistent with a reutilization and
redevelopment plan; and
(C) give consideration to any installation located in a rural area the
closure of which will have a substantial ad-
                                  38

verse impact on the economy of the local communities and on the ability
of the communities to sustain an economic re-
covery from such closure.
(2) CONSENT.--With regard to paragraph (1)(B), consent must be obtained
from the local re-use authority for the military installation,
recognized and funded by the Secretary of Defense, before the Attorney
General may proceed with plans for the design or construction of a
prison at the installation
(3) REPORT ON BASIS OF DECISION.--Before proceeding with plans for the
design or construction of a Federal prison, the Attorney General shall
submit to Congress a report explaining the basis of the decision on
where to locate the new prison facility.
(4) REPORT ON COST-EFFECTIVENESS.--If the Attorney General decides not
to utilize any portion of a closed military installation or an
installation scheduled to be closed for locating a prison, the report
shall include an analysis of why installations in the region, the use
of which as a prison would be consistent with a reutilization and
redevelopment plan, does not provide a cost-effective alternative to
the purchase of real property or construction of new prison facilities.
(e) DEFINITION.--In this section, base closure law means--
(1) the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note); and
(2) title II of the Defense Authorization Amendments and Base Closure
and Realignment Act (Public Law 100-526, 10 U.S. C. 2687 note).
SEC. 20414. POST CONVICTION RELEASE OF DRUG TESTING FEDERAL OFFENDERS.
(a) DRUG TESTING PROGRAM.--
(1) IN GENERAL.--Subchapter A of chapter 229 of title 18, United States
Code, is amended by adding at the end the following new section:

"3608. Drug testing of Federal offenders on post-conviction release

"The Director of the Administrative Office of the United States Courts,
in consultation with the Attorney General and the Secretary of Health
and Human Services, shall, subject to the availability of
appropriations, establish a program of drug testing of Federal of-
fenders on post-conviction release. The program shall include such
standards and guidelines as the Director may determine necessary to
ensure the reliability and accuracy of the drug testing programs. In
each judicial district the chief probation officer shall arrange for
the drug testing of defendants on post-conviction release pursuant to a
conviction for a felony or other offense described in section
3563(a)(4).".
(2) TECHNICAL AMENDMENT.--The subchapter analysis for subchapter A of
chapter 229 of title 18, United States Code, is amended by adding at
the end the following new item:

"3608. Drug testing of Federal offenders on post conviction release.
(b) CONDITIONS OF PROBATION.--Section 3563(a) of title 18, United
States Code, is amended--



                                             39

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

(3) by adding at the end the following new paragraph:
"(4) for a felony, a misdemeanor, or an infraction, that the defendant
refrain from any unlawful use of a controlled substance and submit to
one drug test within 15 days of release on probation and at least 2
periodic drug tests thereafter (as determined by the court) for use of
a controlled substance, but the condition stated in this paragraph may
be ameliorated or suspended by the court for any individual defendant
if the defendant's presentence report or other reliable sentencing
information indicates a low risk of future substance abuse by the
defendant."; and
(4) by adding at the end the following: "The results of a drug test
administered in accordance with paragraph (4) shall be subject to
confirmation only if the results are positive, the defendant is subject
to possible imprisonment for such failure, and either the defendant
denies the accuracy of such test or there is some other reason to
question the results of the test. A defendant who tests positive may be
detained pending verification of a positive drug test result. A drug
test confirmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as the
Director of the Administrative Office of the United States Courts after
consultation with the Secretary of Health and Human Services may de-
termine to be of equivalent accuracy. The court shall consider whether
the availability of appropriate substance abuse treatment programs, or
an individual's current or past participation in such programs,
warrants an exception in accordance with United States Sentencing
Commission guidelines from the rule of section 3565(b), when
considering any action against a defendant who fails a drug test
administered in accordance with paragraph (4).".
(C) CONDITIONS OF SUPERVISED RELEASE.--Section 3583(d) of title 18,
United States Code, is amended by inserting after the first sentence
the following: "The court shall also order, as an explicit condition of
supervised release, that the defendant refrain from any unlawful use of
a controlled substance and submit to a drug test within 15 days of
release on supervised release and at least 2 periodic drug tests
thereafter (as determined by the court) for use of a controlled
substance. The condition stated in the preceding sentence may be
ameliorated or suspended by the court as provided in section
3563(a)(4). The results of a drug test administered in accordance with
the preceding subsection shall be subject to confirmation only if the
results are positive, the defendant is subject to possible imprisonment
for such failure, and either the defendant denies the accuracy of such
test or there is some other reason to question the results of the test.
A drug test confirmation shall be a urine drug test confirmed using gas
chromatography mass spectrometry techniques or such test as the
Director of the Administrative Office of the United States Courts after
consultation with the Secretary of Health and Human Services may
determine to be of equivalent accuracy. The court shall consider
whether the availability of appropriate sub

INSERT 40 AND 41




                                             42

SEC. 20416. CIVIL RIGHTS OF NATIONALIZED PERSONS.
(a) EXHAUSTION OF ADMINISTRATIVE REMEDIES. Section 7 of The Civil
Rights of Institutionalized Persons Act (42 U.S.C. 1997e) as amended--
(1) in subsection (a)
(A) in paragraph (1), by striking "ninety days" and in-
serting "180 days"; and
(B) in paragraph (2), by inserting before the period at
the end the following: "or are otherwise fair and effective";
and
(2) in subsection (c)
(A) in paragraph (V by inserting before the period at
the end the following: "or are otherwise fair and effective";
and
(B) in paragraph (2) by inserting before the period at
the end the following: "or is no longer fair and effective".(b)
EFFECTIVE DATE.--The amendments made by subsection (a) shall take
effect on the date of enactment of this Act.
SEC. 20417. NOTIFICATION OF RELEASE OF PRISONERS.
Section 4042 of title 18, United States Code, is amended--
(1) by striking "The Bureau" and inserting "(a) IN GEN-
ERAL--The Bureau";
(2) by striking "This section' and inserting "(c) APPLICA-
TION OF SECTION.--This section";
(3) in paragraph (4) of subsection (a), as designated by
paragraph (1)--
(A) by striking "Provide" and inserting "provide"- and
(B) by striking the period at the end and inserting ";

(4) by inserting after paragraph (4) of subsection (a), as
designated by paragraph (1), the following new paragraph:
"(5) provide notice of release of prisoners in accordance
with subsection (b)."; and
(5) by inserting after subsection (a), as designated by para-
graph (1), the following new subsection:
(b) NOTICE OF RELEASE OF PRISONERS. (1) At least 5 days prior to the
date on which a prisoner described in paragraph (3) is to be released
on supervised release, or, in the case of a prisoner on supervised
release, at least 5 days prior to the date on which the prisoner
changes residence to a new jurisdiction, written notice of the release
or change of residence shall be provided to the chief law enforcement
officer of the State and of the local jurisdiction in which the
prisoner will reside. Notice prior to release shall be provided by the
Director of the Bureau of Prisons. Notice concerning a change of
residence following release shall be provided by the probation officer
responsible for the supervision of the released prisoner, or in a
manner specified by the Director of the Administrative Office of the
United States Courts The notice requirements under this subsection do
not apply in relation to a prisoner being protected under chapter 224.
"(2) A notice under paragraph (V shall disclose--
"(A) the prisoner's name;
"(B) the prisoner's criminal history, including a description
of the offense of which the prisoner was convicted: and


                                             43

"(C) any restrictions on conduct or other conditions to the release of
the prisoner that are imposed by law, the sentencing court, or the
Bureau of Prisons or any other Federal agency.
"(3) A prisoner is described in this paragraph if the prisoner was
convicted of--
"(A) a drug trafficking crime, as that term is defined in section
924(c)(2); or
"(B) a crime of violence (as defined in section 924(c)(3)).
"(4) The notice provided under this section shall be used solely for
law enforcement purposes.".
SEC. 20418. CORRECTIONAL JOB TRAINING AND PLACEMENT.
(a) PURPOSE.--It is the purpose of this section to encourage and
support job training programs, and job placement programs, that provide
services to incarcerated persons or ex-offenders.
(b) DEFINITIONS.--As used in this section:
(1) CORRECTIONAL INSTITUTION.--The term correctional institution" means
any prison, jail, reformatory, work farm, detention center, or halfway
house, or any other similar institution designed for the confinement or
rehabilitation of criminal offenders.
(2) CORRECTIONAL JOB TRAINING OR PLACEMENT PROGRAM.--The term
correctional job training or placement program" means an activity that
provides job training or job placement services to incarcerated persons
or ex-offenders, or that assists incarcerated persons or ex-offenders
in obtaining such services.
(3) EX-OFFENDER.--The term "ex-offender means any individual who has
been sentenced to a term of probation by a Federal or State court, or
who has been released from a Federal, State, or local correctional
institution.
(4) INCARCERATED PERsON.--The term "incarcerated person" means any
individual incarcerated in a Federal or State correctional institution
who is charged with or convicted of any criminal offense.
(C) ESTABLISHMENT OF OFFICE.--
(1) IN GENERAL.--The Attorney General shall establish within the
Department of Justice an Office of Correctional Job Training and
Placement. The Office shall be headed by a Director
who shall be appointed by the Attorney General.
(2) TIMING.--The Attorney General shall carry out this subsection not
later than 6 months after the date of enactment of this section.
(d) FUNCTIONS OF OFFICE.--The Attorney General, acting through the
Director of the Office of Correctional Job Training and Placement, in
consultation with the Secretary of Labor, shall--
(1) assist in coordinating the activities of the Federal Bonding
Program of the Department of Labor, the activities of the Department of
Labor related to the certification of eligibility for targeted jobs
credits under section 51 of the Internal Revenue Code of 1986 with
respect to ex-offenders, and any other correctional job training or
placement program of the Department of Justice or Department of Labor;
(2) provide technical assistance to State and local employment and
training agencies that--
                                  44

(A) receive financial assistance under this Act; or
(B) receive financial assistance through other programs
carried out by the Department of Justice or Department of
Labor, for activities related to the development of employ-
ability;
(3) prepare and implement the use of special staff training materials,
and methods, for developing the staff competencies needed by State and
local agencies to assist incarcerated persons and ex-offenders in
gaining marketable occupational skills and Job placement
(4) prepare and submit to Congress an annual report on the activities
of the Office of Correctional Job Training and Placement, and the
status of correctional job training or placement programs in the United
States;
(5) cooperate with other Federal agencies carrying out correctional job
training or placement programs to ensure coordination of such programs
throughout the United States;
(6) consult with, and provide outreach to--
(A) State job training coordinating councils, administrative entities,
and private industry councils, with respect
to programs carried out under this Act; and
(B) other State and local officials, with respect to other
employment or training programs carried out by the Department of
Justice or Department of Labor;
(7) collect from States information on the training accomplishments and
employment outcomes of a sample of incarcerated persons and
ex-offenders who were served by employment or training programs carried
out, or that receive financial assistance through programs carried out,
by the Department of Justice or Department of Labor; and
(8)(A) collect from States and local governments information on the
development and implementation of correctional job training or
placement programs; and
(B) disseminate such information, as appropriate.

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

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





                                             45

(2) CHAIR.--The President shall designate the Chair of the Council from
among its members (referred to in this title as the "Chair").
(3) STAFF.--The Council may employ any necessary staff to carry out its
functions, and may delegate any of its functions or powers to a member
or members of the Council.
(b) PROGRAM COORDINATION.--For any program authorized under the Violent
Crime Control and Law Enforcement Act of 1994, the Ounce of Prevention
Council Chair, only at the request of the Council member with
jurisdiction over that program, may coordinate that program, in whole
or in part, through the Council.
(C) ADMINISTRATIVE RESPONSIBILITIES AND POWERS.--In addition to the
program coordination provided in subsection (b), the Council shall be
responsible for such functions as coordinated planning, development of
a comprehensive crime prevention program catalogue, provision of
assistance to communities and community based organizations seeking
information regarding crime prevention programs and integrated program
service delivery, and development of strategies for program integration
and grant simplification. The Council shall have the authority to audit
the expenditure of funds received by grantees under programs
administered by or coordinated through the Council. In consultation
with the Council, the Chair may issue regulations and guidelines to
carry out this subtitle and programs administered by or coordinated
through the Council. SEC. 30102. OUNCE OF PREVENTION GRANT PROGRAM.
(a) IN GENERAL.--The Council may make grants for--
(1) summer and after-school (including weekend and holiday) education
and recreation programs;
(2) mentoring, tutoring, and other programs involving participation by
adult role models (such as D.A.R.E. America);
(3) programs assisting and promoting employability and job placement;
and
(4) prevention and treatment programs to reduce substance abuse, child
abuse, and adolescent pregnancy, including outreach programs for
at-risk families.
(b) APPLICANTS.--Applicants may be Indian tribal governments cities,
counties, or other municipalities, school boards, colleges and
universities, private nonprofit entities, or consortia of eligible
applicants. Applicants must show that a planning process has occurred
that has involved organizations, institutions, and residents of target
areas, including young people, and that there has been cooperation
between neighborhood-based entities, municipality-wide bodies, and
local private-sector representatives. Applicants must demonstrate the
substantial involvement of neighborhood-based entities in the carrying
out of the proposed activities. Proposals must demonstrate that a broad
bast- of collaboration and coordination will occur in the
implementation of the proposed activities, involving cooperation among
youth-serving organizations, schools, health and social service
providers, employers, law enforcement professionals, local government,
and residents of target areas, including young people. Applications
shall be geographically based in particular neighborhood or sections of
municipalities or particular segments of rural areas, and applications
shall demonstrate how programs will serve substantial proportions of
children and youth resident in the target
                                  46

area with activities designed to have substantial impact on their
lives.
(c) PRIORITY.--In making such grants, the Council shall give preference
to coalitions consisting of a broad spectrum of community-based and
social service organizations that have a coordinated team approach to
reducing gang membership and the effects of substance abuse, and
providing alternatives to at-risk youth.
(d) FEDERAL SHARE.--
(1) IN GENERAL.--The Federal share of a grant made under this part may
not exceed 75 percent of the total costs of the projects described in
the applications submitted under subsection (b) for the fiscal year for
which the projects receive assistance under this title.
(2) WAIVER.--The Council may waive the 25 percent matching requirement
under paragraph (1) upon making a determination that a waiver is
equitable in view of the financial circumstances affecting the ability
of the applicant to meet that requirement.
(3) NON-FEDERAL SHARE.--The non-Federal share of such costs may be in
cash or in kind, fairly evaluated, including plant, equipment, and
services.
(4) NONSUPPLANTING REQUIREMENT.--Funds made available under this title
to a governmental entity shall not be used to supplant State or local
funds, or in the case of Indian tribal governments, funds supplied by
the Bureau of Indian Affairs but shall be used to increase the amount
of funds that would, in the absence of Federal funds received under
this title, be made available from State or local sources, or in the
case of Indian tribal governments, from funds supplied by the Bureau of
Indian Affairs.
(5) EVALUATION.--The Council shall conduct a thorough evaluation of the
programs assisted under this title.
SEC. 30103. DEFINITION.
In this subtitle, "Indian tribe" means a tribe, band, pueblo, nation,
or other organized group or community of Indians, including an Alaska
Native village (as defined in or established under the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as
eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.
SEC. 30104. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this sub

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







                                             47

Subtitle B--Youth Employment and SKills
Crime Prevention

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

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

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






                                             49

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


                                  50

may include components of the School-to-Work Opportunities Act of 1994
"(D) encourage assistance to nonprofit employers and public agencies to
employ participants in projects designed to address community needs,
such as projects to enhance neighborhood infrastructure, to modernize
public housing, and to provide other community services
"(E) limit the duration of all subsidized employment provided pursuant
to this section for a participant to not more than 2,080 hours;
"(F) require that the subsidized employment provided to any such youth
who is still enrolled in high school shall not exceed 20 hours per week
during the school year; and
"(G) contain such other terms and conditions as the Secretary in
------------------------------ Cut here ------------------------------
Part 3/16, total size 65487 bytes:

------------------------------ Cut here ------------------------------
conjunction with the Attorney General and the Secretary of Housing and
Urban Development require; and "(3) provide that the grant recipient
will make additional services available, including counseling, job
development and placement, follow up, and supportive services, to
facilitate the transition of participating youth and young adults to
permanent unsubsidized employment.
(h) GRANT RECIPIENT, DURATION AND NUMBER.--
'(1) GRANT RECIPIENT.--Grants under this section may be awarded only to
the service delivery area in which the target area is located.
"(2) DURATION OF GRANTS.--Grants under this section shall be awarded
for 1 year, and be renewable for each of the 4 succeeding years based
on conditions established by the Secretary in conjunction with the
Attorney General and the Secretary of Housing and Urban Development.
'(3) NUMBER OF GRANTS.--There shall be no more than 20 grants awarded
under this section. At least 2 of, and not less than 20 percent of the
number of, the grants awarded under the Youth Employment and Skills
Crime Prevention Program shall be in target areas that are also
receiving funding under other provisions of this part.
"(i) FEDERAL RESPONSIBILITIES.--
"(1) PERFORMANCE MEASURES.--The Secretary, in conjunction with the
Attorney General and the Secretary of Housing and Urban Development,
shall establish a system of performance measures for assessing programs
established pursuant to this section.
"(2) EVALUATION.--
"(A) IN GENERAL.--The Secretary, in conjunction with the Attorney
General and the Secretary of Housing and Urban Development, shall
conduct a rigorous national evaluation of Youth Employment and Skills
Crime Prevention grants funded under this section that will track and
assess the effectiveness of those programs and include an evaluation of
the extent to which such grants reduced crime and substance abuse and
increased employment and earnings.
"(B) OUTCOME COMPARISON.--The evaluation under subparagraph (A) shall
compare outcomes for participating~








                                             51

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

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

Subtitle C--Model Intensive Grant
Programs

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










                                             53

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

SEC. 30302. USES OF FUNDS.
(a) IN GENERAL.--Funds awarded under this subtitle may be used only for
purposes described in an approved application. The intent of grants
under this subtitle is to fund intensively comprehensive crime
prevention programs in chronic high intensive crime areas.
(b) Guidelines--The Attorney General shall issue and publish in the
Federal Register guidelines that describe suggested purposes for which
funds under approved programs may be used.
(c) EQUITABLE DISTRIBUTION OF FUNDS.--In disbursing funds under this
subtitle, the Attorney General shall ensure the distribution of awards
equitably on a geographic basis, including urban and rural areas of
varying population and geographic size.

SEC 30303. PROGRAM REQUIREMENTS.
(a) DESCRIPTION.--An applicant shall include a description of the
distinctive factors that contribute to chronic violent crime within the
area proposed to be served by the grant. Such factors may include lack
of alternative activities and programs for youth, deterioration or lack
of public facilities, inadequate public services such as public
transportation, street lighting, community-based substance abuse
treatment facilities, or employment services offices, and inadequate
police or public safety services, equipment, or facilities.
(b) COMPREHENSIVE PLAN.--An applicant shall include a comprehensive,
community-based plan to attack intensively the principal factors
identified in subsection (a). Such plans shall describe the specific
purposes for which funds are proposed to be used and how each purpose
will address specific factors. The plan also shall specify how local
nonprofit organizations, government agencies, private businesses,
citizens groups, volunteer organizations, and interested citizens will
cooperate in carrying out the purposes of the grant.
(C) EVALUATION.--An applicant shall include an evaluation plan by which
the success of the plan will be measured, including the articulation of
specific, objective indicia of performance, how the indicia will be
evaluated, and a projected timetable for carrying out the evaluation.

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

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

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

SEC. 30306. DEFINITIONS.

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

SEC. 30307. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this sub

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

Subtitle D--Family and Community
Endeavor Schools Grant Program

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

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

(b) DEFINITIONS.--In this section--
"child" means a person who is not younger than 5 and not older than 18
years old.
"community-based organization" means a private, locally initiated,
community-based organization that--
(A) is a nonprofit organization, as defined in section
103(23) of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5603(23)); and

                                             55

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

this subtitle shall be made available for such grants in Indian
country.
(B) GRANTS TO COMMUNITY-BASED ORGANIZATIONS FROM ALLOCATIONS.--For such
a fiscal year, the Secretary may award grants from the appropriate
State or Indian country allocation determined under subparagraph (A) on
a competitive basis to eligible community-based organizations to pay
for the Federal share of assisting eligible communities to develop and
carry out programs in accordance with this section.
(C) REALLOCATION.--If, at the end of such a fiscal year, the Secretary
determines that funds allocated for community-based organizations in a
State or Indian country under subparagraph (B) remain unobligated, the
Secretary may use such funds to award grants to eligible community -
based organizations in another State or Indian country to pay for such
Federal share. In awarding such grants, the Secretary shall consider
the need to maintain geographic diversity among the recipients of such
grants. Amounts made available through such grants shall remain
available until expended.
(2) OTHER FISCAL YEARS.--For any fiscal year in which the sums
appropriated to carry out this section are less than $20,000,000, the
Secretary may award grants on a competitive basis to eligible
community-based organizations to pay for the Federal share of assisting
eligible communities to develop and carry out programs in accordance
with this section.
(3) ADMINISTRATIVE COSTS.--The Secretary may use not more than 3
percent of the funds appropriated to carry out this section in any
fiscal year for administrative costs.
(d) PROGRAM REQuIREMENTs--
(1) LOCATION.--A community-based organization that receives a grant
under this section to assist in carrying out such a program shall
ensure that the program is carried out--
(A) when appropriate, in the facilities of a public school during
nonschool hours, or
(B) in another appropriate local facility in a State or Indian country,
such as a college or university, a local or State park or recreation
center, church, or military base, that is--
(i) in a location that is easily accessible to children
in the community and
(ii) in compliance with all applicable local ordinances.
(2) USE OF Funds.--Such community-based organization--
(A) shall use funds made available through the grant to provide, to
children in the eligible community, services and activities that--
(i) shall include supervised sports programs, and
extracurricular and academic programs, that are offered--
(U after school and on weekends and holidays,
during the school year; and







                                             57

      (II) as daily full-day programs (to the extent available
      resources permit) or as part-day programs, during the summer
      months;
(B) in providing such extracurricular and academic programs, shall
provide programs such as curriculum based supervised educational, work
force preparation, entrepreneurship, cultural, health programs, social
activities, arts and crafts programs, dance programs, tutorial and
mentoring programs, and other related activities;
(C) may use--
      (i) such funds for minor renovation of facilities that are in
      existence prior to the operation of the program and that are
      necessary for the operation of the program for which the
      organization receives the grant, purchase of sporting and
      recreational equipment and supplies, reasonable costs for the
      transportation of participants in the program, hiring of
      staff, provision of meals for such participants, provision of
      health services consisting of an initial basic physical
      examination, provision of first aid and nutrition guidance,
      family counselling, parental training, and substance abuse
      treatment where appropriate; and
             (ii) not more than 5 percent of such funds to pay
             for the administrative costs of the program; and
      (D) may not use such funds to provide sectarian worship or
      sectarian instruction
(e) ELIGIBLE COMMUNITY IDENTIFICATION.--
      (1) IDENTIFICATION.--To be eligible to receive a grant under this
section, a community-based organization shall identify an eligible
community to be assisted under this section.
      (2) CRITERIA.--Such eligible community shall be an area that meets
such criteria with respect to significant poverty and significant
juvenile delinquency, and such additional criteria, as the Secretary
may by regulation require.
(f) APPLICATIONS.--
      (1) APPLICATION REQuIRED.--To be eligible to receive a grant under
this section, a community-based organization shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information, as the Secretary may reasonably
require, and obtain approval of such application.
      (2) CONTENTS OF APPLICATION.--Each application submitted pursuant
to paragraph (1) shall--
      (A) describe the activities and services to be provided
      through the program for which the grant is sought;
      (B) contain an assurance that the community-based or-
      ganization will spend grant funds received under this section
      in a manner that the community-based organization determines
      will best accomplish the objectives of this section;
      (C) contain a comprehensive plan for the program that is
      designed to achieve identifiable goals for children in the
      eligible community;
                                  58

      (D) set forth measurable goals and outcomes for the program
      that--
             (i) will--
                    (I) where appropriate, make a public
                    school the focal point of the eligible
                    community; or
                    (II) make a local facility described in
                    subsection (d)(1)(B) such a focal point;
                    and
             (ii) may include reducing the percentage of
             children in the eligible community that enter the
             juvenile Justice system, increasing the graduation
             rates, school attendance, and academic success of
             children in the eligible community, and improving
             the skills of program participants
      (E) provide evidence of support for accomplishing such goals and
outcomes from--
             (i) community leaders
             (ii) businesses;
             (iii) local educational agencies
             (iv) local officials;
             (v) State officials;
             (vi) Indian tribal government of officials, and
             (vii) other organizations that the community-based
             organization determines to be appropriate;
      (F) contain an assurance that the community-based organization
will use grant funds received under this section to provide children in
the eligible community with activities and services that shall include
supervised sports programs and extracurricular and academic programs,
in accordance with subparagraphs (A) and (B) of subsection (d)(2);
      (G) contain a list of the activities and services that will be
offered through the program for which the grant is sought and sponsored
by private nonprofit organizations, individuals, and groups serving the
eligible community, including--
(i) extracurricular and academic programs, such
as programs described in subsection (d)(2)(B); and
(ii) activities that address specific needs in the
community
      (H) demonstrate the manner in which the community based
organization will make use of the resources, expertise, and commitment
of private entities in carrying out the program for which the grant is
sought;
      (I) include an estimate of the number of children in the eligible
community expected to be served pursuant to the program;
      (J) include a description of charitable private resources, and all
other resources, that will be made available to achieve the goals of
the program;
      (K) contain an assurance that the community-based organization
will use competitive procedures when purchasing, contracting, or
otherwise providing for goods, activities, or services to carry out
programs under this section;
      (L) contain an assurance that the program will maintain a
staff-to-participant ratio (including volunteers) that

                                             59

is appropriate to the activity or services provided by the program;
      (M) contain an assurance that the program will maintain an average
attendance rate of not less than 75 percent of the participants
enrolled in the program, or will enroll additional participants in the
program;
      (N) contain an assurance that the community-based organization
will comply with any evaluation under subsection (m), any research
effort authorized under Federal law, and any investigation by the
Secretary;
      (O) contain an assurance that the community-based organization
shall prepare and submit to the Secretary an annual report regarding
any program conducted under this
      (P) contain an assurance that the program for which the grant is
sought will, to the maximum extent possible, incorporate services that
are provided solely through nonFederal private or nonprofit sources;
and
      (Q) contain an assurance that the community-based organization
will maintain separate accounting records for the program.
      (3) PRIORITY.--In awarding grants to carry out programs under this
section, the Secretary shall give priority to community-based
organizations who submit applications that demonstrate the greatest
effort in generating local support for the programs.
(g) ELIGIBILITY OF PARTICIPANTS.--
      (I) IN GENERAL.--TO the extent possible, each child who resides in
an eligible community shall be eligible to participate in a program
carried out in such community that receives assistance under this
section.
      (2) ELIGIBILITY.--TO be eligible to participate in a program that
receives assistance under this section, a child shall provide the
express written approval of a parent or guardian, and shall submit an
official application and agree to the terms and conditions of
participation in the program.
      (3) NONDISCRIMINATION. (A) In selecting children to participate in
a program that receives assistance under this section, a
community-based organization shall not discriminate on the basis of
race, color, religion, sex, national origin, or disability.
      (B) In selecting children to participate in a program that
receives assistance under this section, a community-based organization
may find a child ineligible to participate in such a program if the
organization determines that the child has behavior problems that pose
an unacceptable risk of injury or illness to other participants or has
a physical or mental disability so serious that the child would be
unable to participate in the program.
      (h) PEER REVIEW PANEL.--
             (1) ESTABLISHMENT.--The Secretary may establish a peer review
panel that shall be comprised of individuals with demonstrated
experience in designing and implementing community-based programs.
                                  60

(2) COMPOSITION.--A peer review panel shall include at least 1
representative from each of the following:
(A) A community-based organization.
(B) A local government.
(C) A school district.
(D) The private sector.
(E) A charitable organization.
(F) A representative of the United States Olympic Committee, at the
option of the Secretary.
(3) FUNCTIONS.--A peer review panel shall conduct the initial review of
all grant applications received by the Secreta
under subsection (f), make recommendations to the Secretary regarding--
(A) grant funding under this section; and
(B) a design for the evaluation of programs assisted
under this section.
(i) INVESTIGATIONS AND INSPECTIONS.--The Secretary may con duct such
investigations and inspections as may be necessary to ensure compliance
with the provisions of this section.
(j) PAYMENTS; FEDERAL SHARE; NoN-FEDERAL SHARE.--
(1) PAYMENTS.--The Secretary shall, subject to the availability of
appropriations, pay to each community-based organization having an
application approved under subsection (f) the Federal share of the
costs of developing and carrying out programs described in subsection
(c)
(2) FEDERAL SHARE.--The Federal share of such costs shall be no more
than--
(A) 75 percent for each of fiscal years 1995 and 1996;
(B) 70 percent for fiscal year 1997; and
(C) 60 percent for fiscal year 1998 and thereafter.
(3) NON-FEDERAL SHARE.--
(A) IN GENERAL.--The non-Federal share of such costs
may be in cash or in kind, fairly evaluated, including plant,
equipment, and services (including the services described in subsection
(p(2)(P)), and funds appropriated by the Congress for the activity of
any agency of an Indian tribal government or the Bureau of Indian
Affairs on any Indian lands may be used to provide the non-Federal
share of the costs of programs or projects funded under this subtitle.
(B) Special RuLE.--At least 15 percent of the non-Federal share of such
costs shall be provided from private or nonprofit sources. (k)
EVALUATION.--The Secretary shall conduct a thorough evaluation of the
programs assisted under this section, which shall include an assessment
of--
(1) the number of children participating in each program assisted under
this section;
(2) the academic achievement of such children;
(3) school attendance and graduation rates of such children; and
(4) the number of such children being processed by the juvenile Justice
system.





                                             61

SEC. 30402. FAMILY AND COMMUNITY ENDEAVOR SCHOOLS GRANT

(a) SHORT TITLE.--This section may be cited as the "Family nd Community
Endeavor Schools Act".
(b) PURPOSE.--It is the purpose of this section to improve the overall
development of at-risk children who reside in eligible communities as
defined in subsection (1)(3).
(C) PROGRAM AUTHORITY.--The Secretary may award grants on a competitive
basis to eligible local entities to pay for the Federal share of
assisting eligible communities to develop and carry out programs in
accordance with this section. No local entity shall receive a grant of
less than $250,000 in a fiscal year. Amounts made available through
such grants shall remain available until expended.
(d) Program Requirements.--
(1) IMPRovEMENT PROGRAMs.--A local entity that receives funds under
this section shall develop or expand programs that are designed to
improve academic and social development by instituting a collaborative
structure that trains and coordinates the efforts of teachers,
administrators, social workers, guidance counselors, parents, and
school volunteers to provide concurrent social services for at-risk
students at selected public schools in eligible communities.
(2) OPTIONAL ACTIVITIES.--A local entity that receives funds under this
section may develop a variety of programs to serve the comprehensive
needs of students, including--
(A) homework assistance and after-school programs,
including educational, social, and athletic activities;
(B) nutrition services;
(C) mentoring programs;
(D) family counseling; and
(E) parental training programs.
(e) ELIGIBLE COMMUNITY IDENTIFICATION.--The Secretary rough regulation
shall define the criteria necessary to qualify as an eligible community
as defined in subsection (1)(3).
(f) GRANT ELIGIBILITY.--To be eligible to receive a grant under this
section, a local entity shall--
        (1) identify an eligible community to be assisted;
        (2) develop a community planning process that includes--
            (A) parents and family members;
F        (B) local school officials;
            (C) teachers employed at schools within the eligible
        community;
            (D) public housing resident organization members,
        where applicable; and
            (E) public and private nonprofit organizations that
        provide education, child protective services, or other human
        services to low-income, at-risk children and their families;
        and
        (3) develop a concentrated strategy for implementation of
     the community planning process developed under paragraph (2)
     that targets clusters of at-risk children in the eligible
community


     4) APPLICATIONS.--
                                  62

(I) APPLICATION REQUIRED.--To be eligible to receive a grant under this
section, a local entity shall submit an application to the Secretary at
such time, in such manner, and accompanied by such information, as the
Secretary may reasonable
require, and obtain approval of such application.
(2) CONTENTS OF APPLICATION.--Each application submitted under
paragraph (1) shall--
(A) contain a comprehensive plan for the program that is designed to
improve the academic and social development of at-risk children in
schools in the eligible community
(B) provide evidence of support for accomplishing the

(i) community leaders;
(ii) a school district
(iii) local officials, and
(iv) other organizations that the local entity deter-
mines to be appropriate
(C) provide an assurance that the local entity will use grant funds
recused under this subsection to implement the program requirements
listed in subsection (d)
(D) include an estimate of the number of children in the eligible
community expected to be served under the pro

(E! provide an assurance that the local entity will comply with any
evaluation requested under subsection (k), an
research effort authorized under Federal law, and any investigation by
the Secretary
(F) provide an assurance that the local entity shall prepare and submit
to the Secretary an annual report regarding any program conducted under
this section
(G) provide an assurance that funds made available under this section
shall be used to supplement, not supplant, other Federal funds that
would otherwise be available for activities funded under this section;
and
(H) provide an assurance that the local entity will maintain separate
accounting records for the program
(3) PRIORITY.--In awarding grants to carry out programs under this
section, the Secretary shall give priority to local entities which
submit applications that demonstrate the greatest effort in generating
local support for the programs. (h) PEER REVIEW PANEL.-- (1)
ESTABLISHMENT.--The Secretary shall establish a peer review panel not
to exceed 8 members that shall be comprised of individuals with
demonstrated experience in designing and implementing programs to
improve the academic and social development of at-risk children.
(2) FUNCTIONS.--Such panel shall make recommendations to the Secretary
regarding--
(A) an illustrative model that effectively achieves the program
requirements indicated in subsection (d) and a process whereby local
entities can request such model; and
(B) a design for the evaluation of programs assisted under this
section.

                                             63

(i) INVESTIGATIONS AND INSPECTIONS.--The Secretary may conduct such
investigations and inspections as may be necessary to ensure compliance
with the provisions of this section.
(j) FEDERAL SHARE.--
(1) PAYMENTS.--The Secretary shall, subject to the availability of
appropriations, pay to each local entity having an application approved
under subsection (g) the Federal share of the costs of developing and
carrying out programs referred to in subsection (d).
(2) FEDERAL SHARE.--The Federal share of such costs shall be 70
percent.
(3) NON-FEDERAL SHARE.--
(A) IN GENERAL.--The non-Federal share of such costs
may be in cash or in kind, fairly evaluated, including personnel,
plant, equipment, and services.
(B) SPECIAL RULE.--Not less than 15 percent of the
non-Federal share of such costs shall be provided from private
or nonprofit sources.
(k) EVALUATION.--The Secretary shall require a thorough evaluation of
the programs assisted under this section, which shall include an
assessment of the academic and social achievement of children assisted
with funds provided under this section.
n) DEFINITIONS.--For purposes of this section--
(1) the term "Secretary" means to the Secretary of the Department of
Education;
(2) the term "local entity" means--
(A) a local educational agency, or
(B) a community-based organization as defined in sec-
tion 1471(3) of the Elementary and Secondary Education
Act of 1966
(3) the term "eligible community" means an area which
meets criteria with respect to significant poverty and significant
violent crime, and such additional criteria, as the Secretary
may by regulation require; and
(4) the term "public school" means an elementary school (as
defined in section 1471(8) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 2891(8))) and a secondary school (as defined in
section 1471(21) of that Act). SEC. 30403. AUTHORIZATION OF
APPROPRIATIONS.
(a) IN GENERAL.--There are authorized to be appropriated to carry out
this subtitle--
(1) $37,000,000 for fiscal year 1995;
(2) $115,000,000 for fiscal year 1996;
(3) $135,000,000 for fiscal year 1997;
(4) $170,000,000 for fiscal year 1998;
(5) $215,000,000 for fiscal year 1999; and
(6) $228,000,000 for fiscal year 2000.
(b) Programs. Of the amounts appropriated under subsection (a) for any
fiscal year--
(1) 70 percent shall be made available to carry out section
30401; and
(2) 30 percent shall be made available to carry out section
30402.

                                  64

Subtitle E--Police Partnerships for
Children

SEC.30501. DEFINITIONS. In this subtitle--
"Indian tribe" means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including an Alaska Native village (as
defined in or established under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.)), that is recognized as eligible for the
special programs and services provided by the United States to Indians
because of their status as Indians.
"partnership" means a cooperative arrangement or association involving
one or more law enforcement agencies, and one or more public or private
agencies that provide child or family services; and
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands.
SEC 30502. GRANT AUTHORITY.
(a) PARTNERSHIP GRANTS.--
(1) IN GENERAL.--The Attorney General, in consultation with the
Secretary of Health and Human Services, may make grants to partnerships
for--
(A) teams or units involving both specially trained law enforcement
Professionals and child or family services professionals of the
partnership that on a 24-hour basis respond to or deal with violent
incidents in which a child is involved as a perpetrator, witness, or
victim;
(B) training for law enforcement officers regarding behavior,
psychology, family systems, and community culture and attitudes that is
relevant to dealing with children who are involved in violent incidents
or at risk of involvement in such incidents, or with families of such
children;
(C) programs for children and families that are designed jointly by the
law enforcement and child or family services components of the
partnership, including programs providing 24-hour response to crisis
situations affecting children, in-school programs (including D.A.R.E
America), after-school activity and neighborhood recreation programs,
parent support groups that are led jointly by child or family services
and law enforcement personnel, mentoring programs, and programs that
provide training in nonviolent conflict resolution; and
(D) regularly scheduled case conferences by the team of child or family
services professionals and law enforcement officers described in
subparagraph (A).
(2) CONSULTATION WITH OUNCE OF PREVENTION COUNcIL.-- The Attorney
General may consult with the Ounce of Prevention Council in awarding
grants under paragraph (1).
(b) GRANTS FOR POLICE RESIDENCE IN HIGH CRIME AREAS.-- The Secretary of
Housing and Urban Development, in consultation with the Attorney
General, may make grants to States, Indian tribal




                                             65

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

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

SEC.30504. TECHNICAL ASSISTANCE, TRAINING, AND EvALUATION.
(a) TECHNICAL ASSISTANCE AND TRAINING.--The Attorney General may
provide technical assistance and training to further the purposes of
this subtitle.
(b) EVALUATIONS.--In addition to any evaluation requirements that may
be prescribed for grantees, the Attorney General may carry out or make
arrangements for evaluations of programs that receive support under
this subtitle.
(c) ADMINISTRATION.--The technical assistance, training, and
evaluations authorized by this section may be carried out directly by
the Attorney General, or through grants, contracts, or other
cooperative arrangements with other entities.

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

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



                                             67

Subtitle F--Midnight Sports

Sec. 30601. GRANTS FOR MIDNIGHT SPORTS LEAGUE ANTICRlME PROGRAMS

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

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

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


                                             69

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



                                             70

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

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

Subtitle Assistance for Delinquent and
At-Risk Youth

SEC. 30701. GRANT AUTHORITY.

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



                                             71

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

(A) increase the self-esteem of such youth;
(B) assist such youth in making healthy and respon-
sible choices
(C) improve the academic performance of such youth
pursuant to a plan jointly developed by the applicant and
the school which each such youth attends or should attend;
and
(D) provide such youth with vocational and life skills. (b)
Applications.--
(1) IN GENERAL.--A public agency or private nonprofit organization
which desires a grant under this section shall submit an application at
such time and in such manner as the Attorney General may prescribe.
(2) CONTENTS.--An application under paragraph (1) shall include--
(A) a description of the program developed by the ap-
plicant, including the activities to be offered;
(B) a detailed discussion of how such program will pre-
uent youth from committing crimes or delinquent acts;
(C) evidence that such program--
(i) will be carried out in facilities which meet applicable State and
local laws with regard to safety;
(ii) will include academic instruction, approved by
the State, Indian tribal government, or local edu-
cational agency, which meets or exceeds State, Indian
tribal government, and local standards and curricular
requirements and
(iii) will include instructors and other personnel
who possess such qualifications as may be required by
applicable State or local laws; and
(D) specific, measurable outcomes for youth served by
the program.
(c) CONSIDERATION OF APPLICATIONS.--Not later than 60 days following
the submission of applications, the Attorney General shall--
(1) approve each application and disburse the funding for each such
application; or
(2) disapprove the application and inform the applicant of such
disapproval and the reasons therefor.
(d) REPORTS.--A grantee under this section shall annually submit a
report to the Attorney General that describes the activities and
accomplishments of such program, including the degree to which the
specific youth outcomes are met.
(e) DEFINITIONS.--In this subtitle--
"Indian tribe" means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including Alaska Native village (as
defined in or established under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.)), that is recognized as eligible for the
special programs and services pro-
                                  72

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

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

Subtitle H--Police Recruitment

SEC. 30801. GRANT AUTHORITY. (a) GRANTS.--
(1) IN GENERAL.--The Attorney General may make grants to qualified
community organizations to assist in meeting the costs of qualified
programs which are designed to recruit and retain applicants to police
departments.
(2) CONSULTATION WITH THE OUNCE OF PREVENTION COUNCIL.--The Attorney
General may consult with the Ounce of Prevention Council in making
grants under paragraph (1).
(b) QUALIFIED COMMUNITY ORGANIZATIONS.--An organization is a qualified
community organization which is eligible to receive a grant under
subsection (a) if the organization--
(1) is a nonprofit organization; and
(2) has training and experience in--
(A) working with a police department and with teachers, counselors, and
similar personnel,
(B) providing services to the community in which the
organization is located,
(C) developing and managing services and techniques
to recruit individuals to become members of a police de-
partment and to assist such individuals in meeting the
membership requirements of police departments,
(D) developing and managing services and techniques
to assist in the retention of applicants to police depart-
ments, and
(E) developing other programs that contribute to the
community.
(c) QUALIFIED PROGRAMS.--A program is a qualified program for which a
grant may be made under subsection (a) if the program is designed to
recruit and train individuals from underrepresented neighborhoods and
localities and if--
(1) the overall design of the program is to recruit and retain
applicants to a police department;
(2) the program provides recruiting services which include tutorial
programs to enable individuals to meet police force academic
requirements and to pass entrance examinations;

                                             73

(3) the program provides counseling to applicants to police
departments who may encounter problems throughout the appli-
cation process; and
(4) the program provides retention services to assist in retaining
individuals to stay in the application process of a police department.
(d) APPLICATIONS.--To qualify for a grant under subsection (a), a
qualified organization shall submit an application to the Attorney
General in such form as the Attorney General may prescribe. Such
application shall--
(1) include documentation from the applicant showing--
(A) the need for the grant;
(B) the intended use of grant funds;
(C) expected results from the use of grant funds; and (D) demographic
characteristics of the population to be served, including age,
disability, race, ethnicity, and languages used; and
(2) contain assurances satisfactory to the Attorney General
that the program for which a grant is made will meet the applicable
requirements of the program guidelines prescribed by the Attorney
General under subsection (i).
(e) ACTION BY THE ATTORNEY GENERAL.--Not later than 60 days after the
date that an application for a grant under subsection (a) is received,
the Attorney General shall consult with the police department which
will be involved with the applicant and shall--
(1) approve the application and disburse the grant funds
applied for; or
(2) disapprove the application and inform the applicant
that the application is not approved and provide the applicant with the
reasons for the disapproval.
(f) GRANT DISBURSEMENT.--The Attorney General shall disburse funds
under a grant under subsection (a) in accordance with regulations of
the Attorney General which shall ensure--
(1) priority is given to applications for areas and organizations with
the greatest showing of need;
(2) that grant funds are equitably distributed on a geographic basis;
and
(3) the needs of underserved populations are recognized and
addressed.
(g) GRANT PERIOD.--A grant under subsection (a) shall be made for a
period not longer than 3 years.
(h) GRANTEE REPORTING. 11) For each year of a grant period for a grant
under subsection (a), the recipient of the grant shall file a
performance report with the Attorney General explaining the activities
carried out with the funds received and assessing the effectiveness of
such activities in meeting the purpose of the recipient's qualified
program.
(2) If there was more than one recipient of a grant, each recipient
shall file such report.
(3) The Attorney General shall suspend the funding of a grant, pending
compliance, if the recipient of the grant does not file the report
required by this subsection or uses the grant for a purpose not
authorized by this section.
                                  74

(i) GUIDELINES.--The Attorney General shall, by regulation prescribe
guidelines on content and results for programs receiving a grant under
subsection (a). Such guidelines shall be designed to establish programs
which will be effective in training individuals to enter instructional
programs for police departments and shall include requirements for--
(1) individuals providing recruiting services;
(2) individuals providing tutorials and other academic assistance
programs
(3) individuals providing retention services; and
(4) the content and duration of recruitment, retention, an counseling
programs and the means and devices used to publicize such programs.
SEC. 30802. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under section 30801-
-
(1) $2,000,000 for fiscal year 1996;
(2) $4,000,000 for fiscal year 1997;
(3) $~,000,000 for fiscal year 1998;
(4) $6,000,000 for fiscal year 1999; and
(5) $7,000,000 for fiscal year 2000.

Subtitle I--National Triad Program

SEC. 30901. PURPOSES. The purposes of this subtitle are--
(1) to support a coordinated effort among law enforcement~, older
Americans organizations~ and social service agencies t o stem the tide
of violence against older Americans and support media and nonmedia
strategies aimed at increasing both public understanding of the problem
and the older Americans' skills i~ preventing crime against themselves
and their property; and
(2) to address the problem of crime against older American s in a
systematic and effective manner by promoting and expanding
collaborative crime prevention programs, such as the Triad~ model,
that assist law enforcement agencies and older Americans in
implementing specific strategies for crime prevention~ victim
assistance, citizen involvement, and public education.
SEC. 30902. NATIONAL ASSESSMENT AND Dissemination.
(a) IN GENERAL.--The Attorney General, in consultation With the
Assistant Secretary for Aging, shall conduct a qualitative and
quantitative national assessment of--
(1) the nature and extent of crimes committed against older Americans
and the effect of such crimes on the victims;
(2) the numbers, extent, and impact of violent crimes and nonviolent
crimes (such as frauds and "scams") against older Americans and the
extent of unrePorted crimes;
------------------------------ Cut here ------------------------------
Part 4/16, total size 65494 bytes:

------------------------------ Cut here ------------------------------
(3) the collaborative needs of law enforcement, health, and social
service organizations, focusing on prevention of crimes against older
Americans, to identify, investigate, and provide assistance to victims
of those crimes; and
(4) the development and growth of strategies to respond effectively to
the matters described in paragraphs (1), (2), and (3).


                                             75

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

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

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










                                             77

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

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

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

Subtitle J--Local Partnership Act

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

"CHAPTER 67--FEDERAL PAYMENTS

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

"~6701. Payments to local governments

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







                                             79

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

"(f) EXPENDITURE WITH DISADVANTAGED BUSINESS ENTERPRISES.--
"(1) GENERAL RuLE.--Of amounts paid to a unit of general local
government under this chapter for a payment period, not less than 10
percent of the total combined amounts obligated by the unit for
contracts and subcontracts shall be expended with--
"(A) small business concerns controlled by socially and economically
disadvantaged individuals and women- and
"(B) historically Black colleges and universities and colleges and
universities having a student body in which more than 20 percent of the
students are Hispanic Americans or Native Americans.
(2) EXCEPTION.--Paragraph (1) shall not apply to amounts paid to a unit
of general local government to the extent the unit determines that the
paragraph does not apply through a process that provides for public
participation.
(3) DEFINITIONS.--For purposes of this subsection--
"(A) the term 'small business concern' has the meaning such term has
under section 3 of the Small Business Act; and
"(B) the term 'socially and economically disadvantaged individuals' has
the meaning such term has under section 8(d) of the Small Business Act
and relevant subcontracting regulations promulgated pursuant to that
section.
(g) NONSUPPLANTING REQuIREMENT.--
"(1) IN GENERAL.--Funds made available under this chapter to units of
local government shall not be used to supplant State or local funds,
but will be used to increase the amount of funds that would, in the
absence of funds under this chapter, be made available from State or
local sources.
(2) BASE LEVEL AMOUNT.--The total level of funding available to a unit
of local government for accounts serving eligible purposes under this
chapter in the fiscal year immediately preceding receipt of a grant
under this chapter shall be designated the 'base level account' for the
fiscal year in which grant is received. Grants under this chapter in a
given fiscal year shall be reduced on a dollar for dollar basis to the
extent that a unit of local government reduces its base level account
in that fiscal year.

"6702. Local Government Fiscal Assistance Fund

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





                                             81

"(c) ADMINISTRATIVE COSTS.--UP to 2.5 percent of the amount authorized
to be appropriated under subsection (b) is authorized to be
appropriated for the period fiscal year 1995 through fiscal year 2000
to be available for administrative costs by the Secretary in fur-
therance of the purposes of the program. Such sums are to remain
available until expended.

"6703. Qualification for payment

"(a) IN GENERAL.--The Secretary shall issue regulations establishing
procedures under which eligible units of general local government are
required to provide notice to the Secretary of the units' proposed use
of assistance under this chapter. Subject to subsection (c), the
assistance provided shall be used, in amounts determined by the unit,
for activities under, or for activities that are substantially similar
to an activity under, 1 or more of the following programs and the
notice shall identify 1 or more of the following programs for each such
use:
"(1) The Drug Abuse Resistance Education Program under section 5122 of
the Elementary and Secondary Education Act of 1965.
"(2) The National Youth Sports Program under section 682 of the
Community Services Block Grant Act (Public Law 97-35) as amended by
section 205, Public Law 103-252.
"(3) The Gang Resistance Education and Training Program under the Act
entitled 'An Act making appropriations for the Treasury Department, the
United States Postal Service, the Executive Office of the President,
and certain Independent Agencies, for the fiscal year ending September
30, 1991, and for other purposes', approved November 5, 1990 (Public
Law 101509).
"(4) Programs under title II or IV of the Job Training Partnership Act
(29 U.S.C. 1601 et seq.).
"(5) Programs under subtitle C of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12571 et seq.) as amended.
"(6) Programs under the School to Work Opportunities Act (Public Law
103-239).
"(7) Substance Abuse Treatment and Prevention programs authorized under
title V or XIX of the Public Health Services Act (43 U.S.C. 201 et
seq.).
"(8) Programs under the Head Start Act (42 U.S.C. 9831 et seq.).
"(9) Programs under part A or B of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965.
"(10) The TRIO programs under part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.).
"(11) Programs under the National Literacy Act of 1991.
"(12) Programs under the Carl Perkins Vocational Educational and
Applied Technology Education Act (20 U.S.C. 2301 et seq.).
"(13) The demonstration partnership programs including the community
initiative targeted to minority youth under section 203 of the Human
Services Reauthorization of 1994 (Public Law 103-232).
                                  82

"(14) The runaway and homeless youth program and the transitional
living program for homeless youth under title III, the Juvenile Justice
and Delinquency Prevention Act (Public Law 102-586).
"(15) The family support program under subtitle F of title VII of the
Steware McKinney Homeless Assistance Act (42 U.S.C 1148 et seq.).
(16) After-school activities for school aged children and the Child
Care and Development Block Grant Act (42 U.S. 9858 et seq.).
"(17) The community-based family resource program under section 401 of
the Human Services Reauthorization of 1994 (Public Law 103-232).
"(18) The family violence programs under the Child Abuse Prevention and
Treatment Act Amendments of 1984
"(19) Job training programs administered by the Department of
Agriculture, the Department of Defense, or the Department of Housing
and Urban Development.
(b) NOTICE TO AGENCY.--Upon receipt of notice under sub-section (a)
from an eligible unit of general local government, the Secretary shall
notify the head of the appropriate Federal agency for each program
listed in subsection (a) that is identified in the notice as a program
under which an activity will be conducted with assistance under this
chapter. The notification shall state that the unit has elected to use
some or all of its assistance under this chapter, for activities under
that program. The head of a Federal agency that receives such a
notification shall ensure that such use is in compliance with the laws
and regulations applicable to that program, except that any requirement
to provide matching funds shall not apply to that use.
(c) ALTERNATIVE USES OF FUNDS.--
"(1) ALTERNATIVE uses AuTHORIzED.--In lieu of, or in addition to, use
for an activity described in subsection (a) and notice for that use
under subsection (a), an eligible unit of genera local government may
use assistance under this chapter, and shall provide notice of that use
to the Secretary under subsection (a), for any other activity that is
consistent with 1 or more of the purposes described in section
6701(a)(2).
"(2) NOTICE DEEMED TO Describe CONSISTENT USE.--Notice by a unit of
general local government that it intends to use assistance under this
chapter for an activity other than an activity described in subsection
(a) is deemed to describe an activity that is consistent with 1 or more
of the purposes described in section 6701(a)(2) unless the Secretary
provides to the unit within 30 days after receipt of that notice of
intent from the unit, written notice (including an explanation) that
the use is not consistent with those purposes.
(d) GENERAL Requirements FOR QUALIFICATION.--A unit of general local
government qualifies for a payment under this chapter for a payment
period only after establishing to the satisfaction of the secretary
that--
"(1) the government will establish a trust fund in which the government
will deposit all payments received under this chapter;




                                             83

"(2) the government~t will use amounts in the trust fund (including
interest) during a reasonable period;
"(3) the government will expend the payments so received, in accordance
with the laws and procedures that are applicable the expenditure of
revenues of the government;
"(4) if at least 26 percent of the pay of individuals employed y the
government in a public employee occupation is paid out f the trust
fund, individuals in the occupation any part of whose pay is paid out
of the trust fund will receive pay at least qual to the prevailing rate
of pay for individuals employed in similar public employee occupations
by the government;
,. "(5) All laborers and mechanics employed by contractors or
subcontractors in the performance of any contract and subcontract for
the repair, renovation, alteration, or construction, including painting
and decorating, of any building or work that s financed in whole or in
part by a grant under this title, shall e paid wages not less than
those determined by the Secretary ,f Labor in accordance with the Act
of March 3, 1931 (commonly known as the Davis-Bacon Act); as amended
(40 U.S.C. 276a-276a-5). The Secretary of Labor shall have the
authority nd functions set forth in reorganization plan of No. 14 of
1950 5 FR 3176; 64 Stat. 1267) and section 2 of the Act of June 1, 1934
(commonly known as the Copeland Anti-Kickback Act) as amended (40
U.S.C. 276c, 48 Stat. 948).
"(6) the government will use accounting, audit, and fiscal procedures
that conform to guidelines which shall be prescribed y the Secretary
after consultation with the Comptroller General of the United States.
As applicable, amounts received under this chapter shall be audited in
compliance with the Single Audit Act of 1984;
"(7) after reasonable notice to the government, the government will
make available to the Secretary and the Comptroller General of the
United States, with the right to inspect, records the Secretary
reasonably requires to review compliance with is chapter or the
Comptroller General of the United States reasonably requires to review
compliance and operations under section 6718(b);
"(8) the government will make reports the Secretary reasonably
requires, in addition to the annual reports required under section
6719(b), and
"(9) the government will spend the funds only for the purpose set forth
in section 6701(a)(2).
"(e) REVIEW BY GOVERNORS.--A unit of general local government shall
give the chief executive officer of the State in which the government
is located an opportunity for review and comment before
establishing compliance with subsection (d).
(f) SANCTIONS FOR NONCOMPLIANCE.--
(1) IN GENERAL.--If the Secretary decides that a unit of general local
government has not complied substantially with subsection (d) or
regulations prescribed under subsection (d),
L the secretary shall notify the government. The notice shall state
that if the government does not take corrective action by the 60th day
after the date the government receives the notice, the Secretary will
withhold additional payments to the government
                                  84

for the current payment period and later payment periods until the
Secretary is satisfied that the government--
"(A) has taken the appropriate corrective action, and
"(B) will comply with subsection (d) and regulations
prescribed under subsection (d).
"(2) NOTICE.--Before giving notice under paragraph (1), the Secretary
shall give the chief executive officer of the unit of general local
government reasonable notice and an opportunity for comment.
'(3) PAYMENT CONDITIONS.--The Secretary may make a payment to a unit of
general local government notified under paragraph (1) only if the
Secretary is satisfied that the government--
"(A) has taken the appropriate corrective action; and
"(B) will comply with subsection (d) and regulations
prescribed under subsection (d).

"6704. State area allocations; allocations and payments to territorial
governments

"(a) FORMULA ALLOCATION BY STATE.--For each payment period, the
Secretary shall allocate to each State out of the amount appropriated
for the period under the authority of section 6702(b) (minus the
amounts allocated to territorial governments under subsection (e) for
the payment period) an amount bearing the same ratio to the amount
appropriated (minus such amounts allocated under subsection (e)) as the
amount allocated to the State under this section bears to the total
amount allocated to all States under this section. The Secretary shall-
-
"(1) determine the amount allocated to the State under subsection (b)
or (c) of this section and allocate the larger amount to the State and
"(2) allocate the amount allocated to the State to units of general
local government in the State under sections 6705 and

(b) GENERAL FORMULA.--
'(1) IN GENERAL.--For the payment period beginning October 1, 1994, the
amount allocated to a State under this subsection for a payment period
is the amount bearing the same ratio to $5,300,000,000 as--
"(A) the population of the State, multiplied by the general tax effort
factor of the State (determined under para-
graph (2)), multiplied by the relative income factor of the
State (determined under paragraph (3)), multiplied by the
relative rate of the labor force unemployed in the State (de-
termined under paragraph (4)) bears to
"(B) the sum of the products determined under sub
paragraph (A) of this paragraph for all States.
(2) GENERAL TAX EFFORT FACTOR.--The general tax effort factor of a
State for a payment period is--
"(A) the net amount of State and local taxes of the
State collected during the year 1991 as reported by the Bu-
reau of the Census in the publication Government Finances
1990-1991; divided by


                                             85

"(B) the total income of individuals, as determined by the Secretary of
Commerce for national accounts purposes for 1992 as reported in the
publication Surrey of Current Business (August 1993), attributed to the
State for the same year.
"(3) RELATIVE INCOME FACTOR.--The relative income factor of a State is
a fraction in which--
"(A) the numerator is the per capita income of the United States, and
"(B) the denominator is the per capita income of the State.
"(4) RELATIVE RATE OF LABOR FORCE.--The relative rate of the labor
force unemployed in a State is a fraction in which--
"(A) the numerator is the percentage of the labor force of the State
that is unemployed in the calendar year preceding the payment period
(as determined by the Secretary of Labor for general statistical
purposes); and
"(B) the denominator is the percentage of the labor force of the United
States that is unemployed in the calendar year preceding the payment
period (as determined by the Secretary of Labor for general statistical
purposes).
(c) ALTERNATIVE FORMULA.--For the payment period beginning October 1,
1994, the amount allocated to a State under this subsection for a
payment period is the total amount the State would receive if--
"(1) $1,166,666,667 were allocated among the States on the basis of
population by allocating to each State an amount bearing the same ratio
to the total amount to be allocated under this paragraph as the
population of the State bears to the population of all States;
"(2) $1,166,666,667 were allocated among the States on the basis of
population inversely weighted for per capita income, by allocating to
each State an amount bearing the same ratio to the total amount to be
allocated under this paragraph as--
"(A) the population of the State, multiplied by a fraction in which--
"(i) the numerator is the per capita income of all
States; and
"(ii) the denominator is the per capita income of
the State; bears to
"(B) the sum of the products determined under subparagraph (A) for all
States;
"(3) $600,000,000 were allocated among the States on the basis of
income tax collections by allocating to each State an amount bearing
the same ratio to the total amount to be allocated under this paragraph
as the income tax amount of the State (determined under subsection
(d)(1)) bears to the sum of the income tax amounts of all States;
"(4) $600,000,000 were allocated among the States on the basis of
general tax effort by allocating to each State an amount bearing the
same ratio to the total amount to be allocated under this paragraph as
the general tax effort amount of the State (determined under subsection
(d)(2)) bears to the sum of the general tax effort amounts of all
States;
                                  86

"(5) $600,000,000 were allocated among the States on the basis of
unemployment by allocating to each State an amount bearing the same
ratio to the total amount to be allocated under this paragraph as--
~(,4) the labor force of the State, multiplied by a frac-
tion in which--
"(i) the numerator is the percentage of the labor force of the State
that is unemployed in the calendar year preceding the payment period
(as determined By the Secretary of Labor for general statistical
purposes; and
"(ii) the denominator is the percentage of the labor force of the
United States that is unemployed in the calendar year preceding the
payment period (as determined by the SecretarY of Labor for general
statistical purposes),

bears to
"(B) the sum of the products determined under sub
paragraph (A) for all States; and
"(6) $1,166,666,667 were allocated among the States on the basis of
urbanized population by allocating to each State an amount bearing the
same ratio to the total amount to be allocated under this paragraph as
the urbanized population of the State bears to the urbanized population
of all States. In this paragraph, the term 'urbanized population' means
the population of an area consisting of a central city or cities of at
least 50,000 inhabitants and the surrounding closely settled area for
the city Or cities considered as an urbanized area as published by the
bureau of the Census for 1990 in the publication General Population
Characteristics for Urbanized Areas
d) INCOME TAX AMOUNT AND TAX EFFORT AMOUNT.--
"(1) INCOME TAX AMOUNT.--The income tax amount of a State for a payment
period is 15 percent of the net amount collected during the calendar
year ending before the beginning of the payment period from the tax
imposed on the income of individuals by the State and described as a
State income tax under section 164(a)(3) of the Internal Revenue Code
of 1986 (26 U.S.C. 164(a)(3))- The income tax amount for a payment
period shall be at least 1 percent but not more than 6 percent of the
United States Government individual income tax liability attributed to
the State for the taxable year ending during the last calendar year
ending before the beginning of the payment period. The Secretary shall
determine the Government income tax liability attributed to the State
by using the data published by the SecretarY for 1991 in the
publication Statistics of Income Bulletin (winter 1993-1994).
"(2) GENERAL TAX EFFoRT AMOuNT.--The general tax effort amount of a
State for a payment period is the amount determined by multiplying--
 (A) the net amount of State and local taxes of the
State collected during the year 1991 as reported in the Bu-
reau of Census in the publication Government Finances
1990-1991; and






                                             87

"(B) the general tax effort factor of the State deter
mined under subsection (b)(2).
"(e) ALLOCATION FOR PUERTO RICO, GUAM, AMERICAN SAMOA,AND THE VIRGIN
ISLANDS--
'(1) IN GENERAL.~A) For each payment period for which funds are
available for allocation under this chapter, the Secretary shall
allocate to each territorial government an amount equal to the product
of 1 percent of the amount of funds available for allocation multiplied
by the applicable territorial percentage.
"(B) For the purposes of this paragraph, the applicable territorial
percentage of a territory is equal to the quotient resulting from the
division of the territorial population of such territory by the sum of
the territorial population for all territories.
"(2) PAYMENTs TO LOCAL GOVERNMENTS.--The governments of the territories
shall make payments to local governments within their jurisdiction from
sums received under this subsection as they consider appropriate.
"(3) DEFINITIONS.--For purposes of this subsection--
"(A) the term 'territorial government' means the government of a
territory;
"(B) the term 'territory' means Puerto Rico, Guam,
American Samoa, and the Virgin Islands; and
"(C) the term 'territorial population' means the most re
cent population for each territory as determined by the Bureau of
Census.

"6706. Local government allocations

(a) INDIAN TRIBES AND ALASKAN NATIVES VILLAGES.--If there is in a State
an Indian tribe or Alaskan native village having a recognized governing
body carrying out substantial governmental duties and powers, the
Secretary shall allocate to the tribe or village, out of the amount
allocated to the State under section 6704, an amount bearing the same
ratio to the amount allocated to the State as the population of the
tribe or village bears to the population of the State. The Secretary
shall allocate amounts under this subsection to Indian tribes and
Alaskan native villages in a State before allocating amounts to units
of general local government in the State under subsection (c). For the
payment period beginning October 1, 1994, the Secretary shall use as
the population of each Indian tribe or Alaskan native village the
population for 1991 as reported by the Bureau of Indian Affairs in the
publication Indian Service Population and Labor Force Estimates
(January 1991). In addition to uses authorized under section
6701(a)(2), amounts allocated under this subsection and paid to an
Indian tribe or Alaskan native village under this chapter may be used
for renovating or building prisons or other correctional facilities.
(b) NEWLY INCORPORATED LOCAL GOVERNMENTS AND ANNEXED GOVERNMENTS.--If
there is in a State a unit of general local government that has been
incorporated since the date of the collection of the data used by the
Secretary in making allocations pursuant to sections 6704 through 6706
and 6708, the secretary shall allocate to this newly incorporated local
government, out of the amount allocated to the State under section
6704. an amount bearing~ the same
                                  88

ratio to the amount allocated to the State as the population of the
newly incorporated local government bears to the population of the
State. If there is in the State a unit of general local government that
has been annexed since the date of the collection of the data used by
the Secretary in making allocations pursuant to sections 6704 through
6706 and 6708, the Secretary shall pay the amount that would have been
allocated to this local government to the unit of general local
government that annexed it.
"(c) OTHER LOCAL GOVERNMENT ALLOCATIONS--
"(1) IN GENERAL.--The Secretary shall allocate among the units of
general local government in a State (other than units receiving
allocations under subsection (a)) the amount allocated to the State
under section 6704 (as that amount is reduced by allocations under
subsection (a)). Of the amount to be allocated the Secretary shall
allocate a portion equal to 1/2 of such amount in accordance with
section 6706(1), and shall allocate a portion equal to 1/2 of such
amount in accordance with section 6706(2). A unit of general local
government shall receive an amount equal to the sum of amounts
allocated to the unit from each portion.
"(2) RATIO.--From each portion to be allocated to units of local
government in a State under paragraph (1), the Secretary shall allocate
to a unit an amount bearing the same ratio to the funds to be allocated
as--
"(A) the population of the unit, multiplied by the general tax effort
factor of the unit (determined under para-
graph (3)), multiplied by the income gap of the unit (deter-
mined under paragraph (4)), bears to
"(B) the sum of the products determined under sub
paragraph (A) for all units in the State for which the income gap for
that portion under paragraph (4) is greater than zero.
(3) GENERAL TAX EFFORT Factor.~A) Except as provided in subparagraph
(C), the general tax effort factor of a unit of general local
government for a payment period is--
"(i) the adjusted taxes of the unit; divided by
"(ii) the total income attributed to the unit.
"(B) If the amount determined under subparagraphs (A) (i and (ii) for a
unit of general local government is less than zero the general tax
effort factor of the unit is deemed to be zero
"(C)(i) Except as otherwise provided in this subparagraph, for the
payment period beginning October 1, 1994, the adjusted taxes of a unit
of general local government are the taxes imposed by the unit for
public purposes (except employee and employer assessments and
contributions to finance retirement and social insurance systems and
other special assessments for capital outlay), as determined by the
Bureau of the Census for the 1987 Census of Governments and adjusted as
follows:
"(V Adjusted taxes equals total taxes times a fraction
in which the numerator is the sum of unrestricted revenues
and revenues dedicated for spending on education minus
total education spending and the denominator is total unre-
stricted revenues.

                                             89

"(II) Total taxes is the sum of property tax; general sales tax;
alcoholic beverage tax, amusement tax; insurance premium tax, motor
fuels tax; parimutuels tax; public utilities tax, tobacco tax, other
selective sales tax; alcoholic beverage licenses, amusement licenses;
corporation licenses, hunting and fishing licenses; motor vehicle
licenses; motor vehicle operator licenses; public utility licenses;
occupation and business licenses, not elsewhere classified, other li-
censes, individual income tax, corporation net income tax; death and
gift tax; documentary and stock transfer tax; severance tax, and taxes
not elsewhere classified.
"(III) Unrestricted revenues is the sum of total taxes and
intergovernmental revenue from Federal Government, general revenue
sharing; intergovernmental revenue from Federal Government, other
general support; intergovernmental revenue from Federal Government,
other; intergovernmental revenue from State government, other general
support; intergovernmental revenue from State government, other;
intergovernmental revenue from local governments, other general
support; intergovernmental revenue from local governments, other;
miscellaneous general revenue, property sale-housing and community
development; miscellaneous general revenue, property sale-other
property; miscellaneous general revenue, interest earnings on
investments; miscellaneous general revenue, fines and forfeits;
miscellaneous general revenue, rents, miscellaneous general revenues,
royalties; miscellaneous general revenue, donations from private
sources; miscellaneous general revenue, net lottery revenue (after
prizes and administrative expenses); miscellaneous general revenue,
other miscellaneous general revenue; and all other general charges, not
elsewhere classified.
"(IV) Revenues dedicated for spending on education is the sum of
elementary and secondary education, school lunch, elementary and
secondary education, tuition; elementary and secondary education,
other; higher education, auxiliary enterprises; higher education,
other; other education, not elsewhere classified; intergovernmental
revenue from Federal Government, education; intergovernmental revenue
from State government, education; intergovernmental revenue from local
governments, interschool system revenue; intergovernmental revenue from
local governments, education; interest earnings, higher education;
interest earnings, elementary and secondary education; miscellaneous
revenues, higher education; and miscellaneous revenues, elementary and
secondary education.
"(V) Total education spending is the sum of elementary and secondary
education, current operations; elementary and secondary education,
construction; elementary and secondary education, other capital
outlays; elementary and secondary education, to State governments;
elementary and secondary education, to local governments, not elsewhere
classified; elementary and secondary education, to counties; elementary
and secondary education, to municipalities; elementary and secondary
education, to townships; elementary
                                  90

and secondary education, to school districts- elementary and secondary
education, to special districts; higher education-auxiliary
enterprises, current operations; higher education-auxiliary
enterprises, construction; higher education auxiliary enterprises,
other capital outlays, other higher education, current operations;
other higher education, construction; other higher education, other
capital outlays other higher education, to State government, other
higher education, to local governments, not elsewhere classified other
higher education, to counties; other higher education to
municipalities; other higher education, to townships other higher
education, to school districts; other higher education, to special
districts; education assistance and subsidies; education, not elsewhere
classified, current operations; education, not elsewhere classified,
construction education, not elsewhere classified other capital outlays
education, not elsewhere classified, to State government education, not
elsewhere classified, to local governments not elsewhere classified;
education, not elsewhere classified to counties; education, not
elsewhere classified, to municipalities; education, not elsewhere
classified, to townships education, not elsewhere classified, to school
districts, education, not elsewhere classified, to special districts,
and education, not elsewhere classified, to Federal Government
"(VI) If the amount of adjusted taxes is less than zero the amount of
adjusted tax shall be deemed to be zero.
"(VII) If the amount of adjusted taxes exceeds the amount of total
taxes, the amount of adjusted taxes is deemed to equal the amount of
total taxes.
"(ii) The Secretary shall, for purposes of clause (i), include that
part of sales taxes transferred to a unit of general local government
that are imposed by a county government in the geographic area of which
is located the unit of general local government as taxes imposed by the
unit for public purposes if--
"(V the county government transfers any part of the revenue from the
taxes to the unit of general local government without specifying the
purpose for which the unit of general local government may expend the
revenue; and
"(IV the chief executive officer of the State notifies the Secretary
that the taxes satisfy the requirements of this clause.
"(iii) The adjusted taxes of a unit of general local government shall
not exceed the maximum allowable adjusted taxes for that unit.
"(iv) The maximum allowable adjusted taxes for a unit of general local
government is the allowable adjusted taxes of the unit minus the excess
adjusted taxes of the unit.
"(v) The allowable adjusted taxes of a unit of general government is
the greater of--
"(I) the amount equal to 2.5;, multiplied by the per capita adjusted
taxes of all units of general local government of the same type in the
State, multiplied by the population of the unit; or





                                             91

"(II) the amount equal to the population o~f the unit, multiplied by
the sum of the adjusted taxes of all units of municipal local
government in the State, divided by the sum of the populations of all
the units of municipal local government in the State.
"(vi) The excess adjusted taxes of a unit of general local government
is the amount equal to--
"(I) the adjusted taxes of the unit, minus
"(II) 1.5 multiplied by the allowable adjusted taxes of the unit;
except that if this amount is less than zero then the excess adjusted
taxes of the unit is deemed to be zero.
"(vii) For purposes of this subparagraph--
"(I) the term 'per capita adjusted taxes of all units of general local
government of the same type' means the sum of the adjusted taxes of all
units of general local government of the same type divided by the sum
of the populations of all units of general local government of the same
type; and
"(IV the term 'units of general local government of the same type'
means all townships if the unit of general local government is a
township, all municipalities if the unit of general local government is
a municipality, all counties if the unit of general local government is
a county, or all unified city/county governments if the unit of general
local government is a unified city/county government.
"(4) INCOME GAP.~A) Except as provided in subparagraph (B), the income
gap of a unit of general local government is--
"(i) the number which applies under section 6706, multiplied by the per
capita income of one State in which the unit is located; minus
"(ii) the per capita income of the geographic area of the unit.
"(B) If the amount determined under subparagraph (A) for a unit of
general local government is less than zero, then the relative income
factor of the unit is deemed to be zero.
(d) SMALL GOVERNMENT AL~CATIONS.--If the Secretary decides that
information available for a unit of general local government with a
population below a number (of not more than 500) prescribed by the
Secretary is inadequate, the Secretary may allocate to the unit, in
lieu of any allocation under subsection (b) for a payment period, an
amount bearing the same ratio to the total amount to be allocated under
subsection (b) for the period for all units of general local government
in the State as the population of the unit bears to the population of
all units in the State.

"6706. Income gap multiplier

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

"6707. State variation of local government allocations

"(a) STATE FORMULA.--A State government may protide by law for the
allocation of amounts among units of general local government in the
State on the basis of population multiplied by the general tax effort
factors or income gaps of the units of general local government
determined under sections 6705 (a) and (b) or a combination of those
factors. A State government providing for a variation of an allocation
formula provided under sections 6705 (a) and (b) shall notify the
Secretary of the variation by the 30th day before the beginning of the
first payment period in which the variation applies. A variation shall
"(1) provide for allocating the total amount allocated under
sections 6705 (a) and (b); and
"(2) apply uniformly in the State.
(b) CERTIFICATION.--A variation by a State government under this
section may apply only if the Secretary certifies that the variation
complies with this section. The Secretary may certify a variation only
if the Secretary is notified of the variation at least 30 days before
the first payment period in which the variation applies.

"6708. Adjustments of local government allocations
(a) MAXIMUM AMOUNT.--The amount allocated to a unit of general local
government for a payment period may not exceed the adjusted taxes
imposed by the unit of general local government as determined under
section 6705(b)(3). Amounts in excess of adjusted taxes shall be paid
to the Governor of the State in which the unit of local government is
located.
'(b) DE MINIMIS ALLOCATIONS TO UNITS OF GENERAL LOCAL GOVERNMENT.--If
the amount allocated to a unit of general local government (except an
Indian tribe or an Alaskan native village) for a payment period would
be less than $5,000 but for this subsection or lp waived by the
governing authority of the unit of general local government, the
Secretary shall pay the amount to the Governor of the State in which
the unit is located.
(c) USE OF PAYMENTS TO STATES.--The Governor of a State shall use all
amounts paid to the Governor under subsections (a) and (b) for programs
described in section 6701(a)(2) in areas of the State where are located
the units of general local government with respect to which amounts are
paid under subsection (b).
(d) DE MINIMIS ALLOCATIONS TO INDIAN TRIBES AND ALASKAN NATIVE
VILLAGES.--
"(1) AGGREGATION OF DE MINIMIS ALLOCATIONs.--If the amount allocated to
an Indian tribe or an Alaskan native village for a payment period would
be less than $5,000 but for this subsection or is waived by the chief
elected official of the tribe or outlays, the amount--
"(A) shall not be paid to the tribe or village (except
under paragraph (2)); and
"(B) shall be aggregated with other such amounts and
available for use by the Attorney General under paragraph
"(2) USE OF AGGREGATED AMOUNTS.--Amounts aggregated under paragraph (1)
for a payment period shall be available for use by the Attorney General
to make grants in the payment pe-

                                             93

riod on a competitive basis to Indian Tribes and Alaskan native village
for--
"(A) programs described in section 6701(a)(2); or
"(B) renovating or building prisons or other correctional facilities.

"6709. Information used in allocation formulas

' (a) POPULATION DATA FOR PAYMENT PERIOD BEGINNING OCTOBER 1, 1994.--
For the payment period beginning October 1, 1994, the Secretary, in
making allocations pursuant to sections 6704 through 6706 and 6708,
shall use for the population of the States the population for 1992 as
reported by the Bureau of the Census in the publication Current
Population Reports, Series P-26, No. 1045 (July 1992) and for the
population of units of general local government the Secretary shall use
the population for 1990 as reported by the Bureau of the Census in the
publication Summary Social, Economic, and Housing Characteristics.
"(b) DATA FOR PAYMENT PERIODS BEGINNING AFTER September 30, 1995.--For
any payment period beginning after September 30, 1995, the Secretary,
in making allocations pursuant to sections 6704 through 6706 and 6708,
shall use information more recent than the information used for the
payment period beginning October 1, 1994, provided the Secretary
notifies the Committee on Government Operations of the House of
Representatives at least 90 days prior to the beginning of the payment
period that the Secretary has determined that the more recent
information is more reliable than the information used for the payment
period beginning October 1, 1994

"~6710. Public participation

"(a) HEARINGS.--
"(1) IN GENERAL.--A unit of general local government expending payments
under this chapter shall hold at least one public hearing on the
proposed use of the payment in relation to its entire budget. At the
hearing, persons shall be given an opportunity to provide written and
oral views to the governmental authority responsible for enacting the
budget and to ask questions about the entire budget and the relation of
the payment to the entire budget. The government shall hold the hearing
at a time and a place that allows and encourages public attendance and
participation.
(2) SENIOR CITIZENS.--A unit of general local government holding a
hearing required under this subsection or by the budget process of the
government shall try to provide senior citizens and senior citizen
organizations with an opportunity to present views at the hearing
before the government makes a final decision on the use of the payment.
(b) DISCLOSURE OF INFORMATION.--
(1) IN GENERAL.--BY the 10th day before a hearing required under
subsection (a)(V is held, a unit of general local government shall--
"(A) make available for inspection by the public at the
principal office of the government a statement of the pro-
                                  94

posed use of the payment and a summary of the proposed
budget of the government; and
"(B) publish in at least one newspaper of general circulation the
proposed use of the payment with the summary
of the proposed budget and a notice of the time and place
of the hearing
"(2) AVAILABILITY.--By the 30th day after adoption of the budget under
State or local law, the government shall--
"(A) make available for inspection by the public at the
principal office of the government a summary of the adopted budget,
including the proposed use of the payment; and "(B) publish in at least
one newspaper of general circulation a notice that the information
referred to in subparagraph (A) is available for inspection.
(c) WAIVERS OF REQuIREMENTs.--A requirement--
"(1) under subsection (a)(V may be waived if the budget process
required under the applicable State or local law or charter provisions-
(A) ensures the opportunity for public attendance and
participation contemplated by subsection (a); and
"(B) includes a hearing on the proposed use of a payment received under
this chapter in relation to the entire
budget of the government, and
"(2) under subsection (b)(1)(B) and paragraph (2)(B) maybe waived if
the cost of publishing the information would be unreasonably burdensome
in relation to the amount allocated to the government from amounts
available for payment under this chapter, or if publication is
otherwise impracticable.
"(d) EXCEPTION TO 10-DAY LIMITATION.--If the Secretary is satisfied
that a unit of general local government will provide adequate notice of
the proposed use of a payment received under this chapter the 10-day
period under subsection (b)(1) may be changed to the extent necessary
to comply with applicable State or local law.

"6711. Prohibited Discrimination

"(a) GENERAL PROHIBITION.--No person in the United States shall be
excluded from participating in, be denied the benefits of, or be
subJect to discrimination under, a program or activity of a unit of
general local government because of race, color, national origin or sex
if the government receives a payment under this chapter.
"(b) ADDITIONAL PROHIBITIONS.--The following prohibitions and
exemptions also apply to a program or activity of a unit of general
local government if the government receives a payment under this
chapter:
"(1) A prohibition against discrimination because of age under the Age
Discrimination Act of 1975.
"(2) A prohibition against discrimination against an otherwise
qualified handicapped individual under section 504 of the
Rehabilitation Act of 1973.
"(3) A prohibition against discrimination because of religion, or an
exemption from that prohibition, under the Civil Rights Act of 1964 or
title VIII of the Act of April 11, 1968 (popularly known as the Civil
Rights Act of 1968).

                                             95

"(c) LIMITATIONS ON APPLICABILITY OF PROHIBITIONS.--Subsections (a) and
(b) do not apply if the government shows, by clear and convincing
evidence, that a payment received under this chapter is not used to pay
for any part of the program or activity with respect to which the
allegation of discrimination is made.
"(d) INVESTIGATION AGREEMENTS.--The Secretary shall try to make
agreements with heads of agencies of the United States Government and
State agencies to investigate noncompliance with this section. An
agreement shall--
"(1) describe the cooperative efforts to be taken (including sharing
civil rights enforcement personnel and resources) to obtain compliance
with this section; and
"(2) provide for notifying immediately the Secretary of actions brought
by the United States Government or State agencies against a unit of
general local government alleging a violation of a civil rights law or
a regulation prescribed under a civil rights law.

"~6712. Discrimination proceedings
"(a) Notice OF noncompliance.--By the 10th day after the Secretary
makes a finding of discrimination or receives a holding of
discrimination about a unit of general local government, the secretary
shall submit a notice of noncompliance to the government. The notice
shall state the basis of the finding or holding.
(b) INFORMAL Presentation OF EVIDENCE.--A unit of general local
government may present evidence informally to the Secretary within 30
days after the government receives a notice of noncompliance from the
Secretary. Except as provided in subsection (e), the government may
present evidence on whether--
"(1) a person in the United States has been excluded or denied benefits
of, or discriminated against under, the program or activity of the
government, in violation of section 6711(a);
"(2) the program or activity of the government violated a prohibition
described in section 6711(b); and
"(3) any part of that program or activity has been paid for with a
payment received under this chapter.
(C) TEMPORARY SUSPENSION OF Payments.--BY the end of the 30-day period
under subsection (b), the Secretary shall decide whether the unit of
general local government has not complied with section 6711 (a) or (b),
unless the government has entered into a compliance agreement under
section 6714. If the Secretary decides that the government has not
complied, the Secretary shall notify the government of the decision and
shall suspend payments to the government under this chapter unless,
within 10 days after the government receives notice of the decision,
the government--
"(1) enters into a compliance agreement under section 6714; or
"(2) requests a proceeding under subsection (d)(1).
(d) Administrative REVIEW OF SUSPENSIONS.--
"(I) PROCEEDING.--A proceeding requested under subsection (c)(2) shall
begin by the 30th day after the Secretary receives a request for the
proceeding. The proceeding shall be before an administrative law judge
appointed under section 3105 of title 5, United States Code. By the
30th day after the begin-
                                  96

ning of the proceeding, the judge shall issue a preliminary decision
based on the record at the time on whether the unit of general local
government is likely to prevail in showing compliance with section 6711
(a) or (b).
"(2) DECISION. If the administrative law judge decides at the end of a
proceeding under paragraph (1) that the unit of general local
government has--
"(A) not complied with section 6711 (a) or (b), the judge may order
payments to the government under this chapter terminated, or
"(B) complied with section 6711 (a) or (b), a suspension under section
6713(a)(1)(A) shall be discontinued promptly. "(3) LIKELIHOOD OF
PREVAILING.--An administrative law judge may not issue a preliminary
decision that the government is not likely to prevail if the judge has
issued a decision described in paragraph (2)(A).
"(e) BASIS FOR REVIEW.--In a proceeding under subsections (b) through
(d) on a program or activity of a unit of general local government
about which a holding of discrimination has been made the Secretary or
administrative law judge may consider only whether a payment under this
chapter was used to pay for any part of the program or activity. The
holding of discrimination is conclusive If the holding is reversed by
an appellate court, the Secretary or judge shall end the proceeding

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

(a) IMPOSITION AND CONTINUATION OF SUSPENSIONS.--
"(1) IN GENERAL.--The Secretary shall suspend payment under this
chapter to a unit of general local government--
"(A) if an administrative law judge appointed under section 3105 of
title 5, United States Code, issues a preliminary decision in a
proceeding under section 6712(d)(1) that the government is not likely
to prevail in showing compliance with section 6711 (a) and (b);
"(B) if the administrative law judge decides at the end of the
proceeding that the government has not complied with section 6711 (a)
or (b), unless the government makes a compliance agreement under
section 6714 by the 30th day after the decision; or
"(C) if required under section 6712(c).
"(2) EFFEcTIvENEsS.--A suspension already ordered under paragraph
(1)(A) continues in effect if the administrative law judge makes a
decision under paragraph (1)(B).
(b) LIFTING OF SUSPENSIONS AND TERMINATIONS.--If a holding of
discrimination is reversed by an appellate court, a suspension or
termination of payments in a proceeding based on the holding shall be
discontinued.
(c) RESUMPTION OF PAYMENTS UPON ATTAINING COMPLIANCE.--The Secretary
may resume payment to a unit of general l~cal government of payments
suspended by the Secretary only--
"(V as of the time of, and under the conditions stated in--
"(A) the approval by the Secretary of a compliance agreement under
section 6714(a)(1); or



                                             97

"(B) a compliance agreement entered into by the Secretary under section
6714(a)(2);
"(2) if the government complies completely with an order of a United
States court, a State court, or administrative law judge that covers
all matters raised in a notice of noncompliance submitted by the
Secretary under section 6712(a);
"(3) if a United States court, a State court, or an administrative law
judge decides (including a judge in a proceeding under section
6712(d)(1)), that the government has complied with sections 6711 (a)
and (b); or
"(4) if a suspension is discontinued under subsection (b).
"(d) PAYMENT OF DAMAGES As COMPLIANCE.--For purposes of subsection
(c)(2), compliance by a government may consist of the payment of
restitution to a person injured because the government did not comply
with section 6711 (a) or (b).
"(e) RESUMPTION OF PAYMENTS UPON REVERSAL BY COURT.-- The Secretary may
resume payment to a unit of general local government of payments
terminated under section 6712(d)(2)(A) only if the decision resulting
in the termination is reversed by an appellate court.

~6714. Compliance agreements

(a) TYPES OF COMPLIANCE AGREEMENTS.--A compliance agreement is an
agreement--
"(1) approved by the Secretary, between the governmental authority
responsible for prosecuting a claim or complaint that is the basis of a
holding of discrimination and the chief executive officer of the unit
of general local government that has not complied with section 6711 (a)
or (b); or
"(2) between the Secretary and the chief executive officer. '(b)
CONTENTS OF AGREEMENTS.--A compliance agreement--
"(1) shall state the conditions the unit of general local government
has agreed to comply with that would satisfy the obligations of the
government under sections 6711 (a) and (b);
"(2) shall cover each matter that has been found not to comply, or
would not comply, with section 6711 (a) or (b); and
"(3) may be a series of agreements that dispose of those matters.
(c) AVAILABILITY OF AGREEMENTS TO PARTIES.--The Secretary shall submit
a copy of a compliance agreement to each person who filed a complaint
referred to in section 6716(b), or, if an agreement under subsection
(a)(1), each person who filed a complaint with a governmental
authority, about a failure to comply with section 6711 (a) or (b). The
Secretary shall submit the copy by the 15th day after an agreement is
made. However, if the Secretary approves an agreement under subsection
------------------------------ Cut here ------------------------------