DP Tool Club 17/CD_ASCQ_17_101194.iso/vrac/hr_3355a.zip/CRMBIL_2.TXT

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(a)(1) after the agreement is made, the Secretary may submit the copy
by the 15th day after approval of the agreement.

"~6715. Enforcement by the Attorney General of prohibitions on
discrimination

"The Attorney General may bring a civil action in an appropriate
district court of the United States against a unit of general local
government that the Attorney General has reason to believe
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has engaged or is engaging in a pattern or practice in violation of
section 6711 (a) or (b). The court may grant--
"(1) a temporary restraining order;
"(2) an injunction; or
"(3) an appropriate order to ensure enjoyment of rights under section
6711 (a) or (b), including an order suspending, terminating, or
requiring repayment of, payments under this chapter or placing
additional payments under this chapter in escrow pending the outcome of
the action.

"6716. Civil action by a person adversely affected

(a) AUTHORITY FOR PRIVATE SUITS IN FEDERAL OR STATE COURT.--If a unit
of general local government, or an officer or employee of a unit of
general local government acting in an official capacity, engages in a
practice prohibited by this chapter, a person adversely affected by the
practice may bring a civil action in an appropriate district court of
the United States or a State court of general jurisdiction. Before
bringing an action under this section, the person must exhaust
administrative remedies under subsection (b).
(b) ADMINISTRATIVE REMEDIES Required To BE ExHAUSTED.--A person
adversely affected shall file an administrative complaint with the
Secretary or the head of another agency of the United States Government
or the State agency with which the Secretary has an agreement under
section 6711(d). Administrative remedies are deemed to be exhausted by
the person after the 90th day after the complaint was filed if the
Secretary, the head of the Government agency, or the State agency--
"(1) issues a decision that the government has not failed to comply
with this chapter; or
"(2) does not issue a decision on the complaint.
(c) AUTHORITY OF COURT.--In an action under this section, the court--
"(1) may grant--
"(A) a temporary restraining order;
"(B) an injunction; or
"(C) another order, including suspension, termination,
or repayment of, payments under this chapter or placement
of additional payments under this chapter in escrow pend-
ing the outcome of the action; and
"(2) to enforce compliance with section 6711 (a) or (b), may allow a
prevailing party (except the United States Government) a reasonable
attorney's fee.
(d) INTERVENTION BY ATTORNEY GENERAL.--In an action under this section
to enforce compliance with section 6711 (a) or (b), the Attorney
General may intervene in the action if the Attorney General certifies
that the action is of general public importance. The United States
Government is entitled to the same relief as if the Government had
brought the action and is liable for the same fees and costs as a
private person.

"6717. Judicial review

(a) APPEALS IN FEDERAL COURT OF APPEALS.--A unit of general local
government which receives notice from the Secretary about withholding
payments under section 6703(f), suspending payments

                                             99

under section 6713(a)(V(B), or terminating payments under section
6712(d)(2)(A), may apply for review of the action of the Secretary by
filing a petition for review with the court of appeals of the United
States for the circuit in which the government is located. The petition
shall be filed by the 60th day after the date the notice is received.
The clerk of the court shall immediately send a copy of the petition to
the Secretary.
"(b) FILING OF RECORD OF ADMINISTRATIVE PROCEEDING.--The Secretary
shall file with the court a record of the proceeding on which the
Secretary based the action. The court may consider only objections to
the action of the Secretary that were presented before the Secretary.
"(c) COURT ACTION.--The court may affirm, change, or set aside any part
of the action of the Secretary. The findings of fact by the Secretary
are conclusive if supported by substantial evidence in the record. If a
finding is not supported by substantial evidence in the record, the
court may remand the case to the Secretary to take additional evidence.
Upon such a remand, the Secretary may make new or modified findings and
shall certify additional proceedings to the court.
"(d) REVIEW ONLY BY SUPREME COURT.--A Judgment of a court under this
section may be reviewed only by the Supreme Court under section 1254 of
title 28, United States Code.

"6718. Investigations and reviews

"(a) INVESTIGATIONS BY SECRETARY.--
"(1) IN GENERAL.--The Secretary shall within a reasonable
time limit--
"(A) carry out an investigation and make a finding after receiving a
complaint referred to in section 6716(b), a determination by a State or
local administrative agency, or other information about a possible
violation of this chapter;
"(B) carry out audits and reviews (including investigations of
allegations) about possible violations of this chapter; and
"(C) advise a complainant of the status of an audit, Investigation, or
review of an allegation by the complainant of a violation of section
6711 (a) or (b) or other provision of this chapter.
(2) TIME LIMIT.--The maximum time limit under para
graph (1)(A) is 120 days.
"(b) REVIEWS BY COMPTROLLER GENERAL.--The Comptroller General of the
United States shall carry out reviews of the activities of the
Secretary, State governments, and units of general local government
necessary for the Congress to evaluate compliance and operations under
this chapter. These reviews shall include a comparison of the waste and
inefficiency of local governments using funds under this chapter
compared to waste and inefficiency with other comparable Federal
programs.

"6719. Reports

(a) REPORTS BY SECRETARY TO CONGRESS.--Before June 2 of each year prior
to 2002, the Secretary personally shall report to the Congress on--

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"(1) the status and operation of the Local Government Fiscal Assistance
Fund during the prior fiscal year; and
"(2) the administration of this chapter, including a complete and
detailed analysis of-
"(A) actions taken to comply with sections 6711 through 6715, including
a description of the kind and extent of noncompliance and the status of
pending complaints;
"(B) the extent to which units of general local government receiving
payments under this chapter have complied with the requirements of this
chapter
"(C) the way in which payments under this chapter have been distributed
in the jurisdictions receiving payments; and
"(D) significant problems in carrying out this chapter and
recommendations for legislation to remedy the problems.
"(b) REPORTS BY UNITS OF GENERAL LOCAL GOVERNMENT TO SECRETARY.-
(I) IN GENERAL.--At the end of each fiscal year, each unit of general
local government which received a payment under this chapter for the
fiscal year shall submit a report to the Secretary. The report shall be
submitted in the form and at a time prescribed by the Secretary and
shall be available to the public for inspection. The report shall
state-
"(A) the amounts and purposes for which the payment has been
appropriated, expended, or obligated in the fiscal year;
"(B) the relationship of the payment to the relevant functional items
in the budget of the government; and
"(C) the differences between the actual and proposed use of the
payment.
"(2) AVAILABILITY OF REPORT.--The Secretary shall provide a copy of a
report submitted under paragraph (1) by a unit of general local
government to the chief executive officer of the State in which the
government is located. The Secretary shall provide the report in the
manner and form prescribed by the Secretary.

"6720. Definitions, application, and administration

(a) DEFINITIONS.--In this chapter--
"(I) 'unit of general local government' means--
"(A) a county, township, city, or political subdivision of a county,
township, or city, that is a unit of general local government as
determined by the Secretary of Commerce for general statistical
purposes, and
"(B) the District of Columbia and the recognized governing body of an
Indian tribe or Alaskan Native village that carries out substantial
governmental duties and powers;
"(2) 'payment period' means each l-year period beginning on October I
of the years 1994 through 2000
"(3) 'State and local taxes' means taxes imposed by a State government
or unit of general local government or other politi-



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cal subdivision of a State government for public purposes (except
employee and employer assessments and contributions to finance
retirement and social insurance systems and other special assessments
for capital outlay) as determined by the Secretary of Commerce for
general statistical purposes;
"(4) 'State' means any of the several States and the District of
Columbia;
"(5) 'income' means the total money income received from all sources as
determined by the Secretary of Commerce for general statistical
purposes, which for units of general local government is reported by
the Bureau of the Census for 1990 in the publication Summary Social,
Economic, and Housing Characteristics;
"(6) 'per capita income' means--
"(A) in the case of the United States, the income of the
United States divided by the population of the United States;
"(B) in the case of a State, the income of that State, divided by the
population of that State; and
"(C) in the case of a unit of general local government,
the income of that unit of general local government divided by the
population of the unit of general local government; "(7) 'finding of
discrimination' means a decision by the Secretary about a complaint
described in section 6716(b), a decision by a State or local
administrative agency, or other information (under regulations
prescribed by the Secretary) that it is more likely than not that a
unit of general local government has not complied with section 6711 (a)
or (b);
"(8) 'holding of discrimination' means a holding by a United States
court, a State court, or an administrative law judge appointed under
section 3105 of title 5, United States Code, that a unit of general
local government expending amounts received under this chapter has-
"(A) excluded a person in the United States from participating in,
denied the person the benefits of, or subjected
the person to discrimination under, a program or activity
because of race, color, national origin, or sex; or
"(B) violated a prohibition against discrimination de-
scribed in section 6711(b); and
"(9) 'Secretary' means the Secretary of Housing and Urban Development.
"(b) DELEGATION OF ADMINISTRATION.--The Secretary may enter into
agreements with other executive branch departments and agencies to
delegate to that department or agency all or part of the Secretary's
responsibility for administering this chapter.
(C) TREATMENT OF SUBSUMED AREAS.--If the entire geographic area of a
unit of general local government is located in a larger entity, the
unit of general local government is deemed to be located in the larger
entity. If only part of the geographic area of a unit is located in a
larger entity, each part is deemed to be located in the larger entity
and to be a separate unit of general local government in determining
allocations under this chapter. Except as provided in regulations
prescribed by the Secretary, the Secretary shall make all data
computations based on the ratio of the estimated population of



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

(d) BOUNDARY AND OTHER CHANGES.--If a boundary line change, a State
statutory or constitutional change, annexation, a governmental
reorganization, or other circumstance results in the application of
sections 6704 through 6708 in a way that does not carry out the
purposes of sections 6701 through 6708, the Secretary shall apply
sections 6701 through 6708 under regulations of the Secretary in a way
that is consistent with those purposes.".
(b) ISSUANCE OF REGULATIONS.--Within 90 days of the date of enactment
of this Act the Secretary shall issue regulations, which may be interim
regulations, to implement subsection (a), modifying the regulations for
carrying into effect the Revenue Sharing Act that were in effect as of
July 1, 1987, and that were published in 31 C F.R. part 51. The
secretary need not hold a public hearing before issuing these
regulations.
(c) DEFICIT NEUTRALITY.--Any appropriation to carry out the amendment
made by this subtitle to title 31, United States Code, for fiscal year
1995 or 1996 shall be offset by cuts elsewhere in appropriations for
that fiscal year.

SEC. 31002. TECHNICAL AMENDMENT.
The table of chapters at the beginning of subtitle V of title 31 United
States Code, is amended by adding after the item relating
to chapter 65 the following:
"67. Federal payments .................   6701"

Subtitle K--National Community Economic
Partnership

SEC. 31101. SHORT TITLE.
This subtitle may be cited as the "National Community Economic
Partnership Act of 1994".

CHAPTER I--COMMUNITY ECONOMIC PARTNERSHIP
INVESTMENT FUNDS

SEC. 31111. PURPOSE.
It is the purpose of this chapter to increase private investment in
distressed local communities and to build and expand the capacity of
local institutions to better serve the economic needs of local
residents through the provision of financial and technical assistance
to community development corporations.

SEC. 31112. PROVISION OF ASSISTANCE.
(a) AUTHORITY.--The Secretary of Health and Human Services (referred to
in this subtitle as the "Secretary") may, in accordance with this
chapter, provide nonrefundable lines of credit to community development
corporations for the establishment, maintenance or expansion of
revolving loan funds to be utilized to finance projects contended to
provide business and employment opportunities for low income,
unemployed, or underemployed individuals and to improve the quality of
life in urban and rural areas.
(b) REVOLVING LOAN FUNDS.--


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(I) COMPETITIVE ASSESSMENT OF APPLICATIONS.--In providing assistance
under subsection (a), the Secretary shall establish and implement a
competitive process for the solicitation and consideration of
applications from eligible entities for lines of credit for the
capitalization of revolving funds.
(2) ELIGIBLE ENTITIES.--To be eligible to receive a line of credit
under this chapter an applicant shall--
(A) be a community development corporation;
(B) prepare and submit an application to the Secretary that shall
include a strategic investment plan that identifies and describes the
economic characteristics of the target area to be served, the types of
business to be assisted and the impact of such assistance on
low-income, underemployed, and unemployed individuals in the target
area;
(C) demonstrate previous experience in the development of low-income
housing or community or business development projects in a low-income
community and provide a record of achievement with respect to such
projects; and
(D) have secured one or more commitments from local sources for
contributions (either in cash or in kind, letters of credit or letters
of commitment) in an amount that is at least equal to the amount
requested in the application submitted under subparagraph (B).
(3) EXCEPTION.--Notwithstanding the provisions of paragraph (2)(D), the
Secretary may reduce local contributions to not less than 25 percent of
the amount of the line of credit requested by the community development
corporation if the Secretary determines such to be appropriate in
accordance with section 31116.

SEC. 31113. APPROVAL OF APPLICATIONS.
(a) IN GENERAL.--In evaluating applications submitted under section
31112(b)(2)(B), the Secretary shall ensure that--
(I) the residents of the target area to be served (as identified under
the strategic development plan) would have an income that is less than
the median income for the area (as determined by the Secretary);
(2) the applicant community development corporation possesses the
technical and managerial capability necessary to administer a revolving
loan fund and has past experience in the development and management of
housing, community and economic development programs;
(3) the applicant community development corporation has provided
sufficient evidence of the existence of good working relationships
with--
(A) local businesses and financial institutions, as well
as with the community the corporation proposes to serve;
and
(B) local and regional job training programs;
(4) the applicant community development corporation will target job
opportunities that arise from revolving loan fund investments under
this chapter so that 75 percent of the jobs retained or created under
such investments are provided to--
(A) individuals with--
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(i) incomes that do not exceed the Federal poverty

!ii) incomes that do not exceed 80 percent of the
median income of the area
(B) individuals who are unemployed or underemployed; (C) individuals
who are participating or have participated in Job training programs
authorized under the Job
Training Partnership Act (29 U.S.C. 1501 et seq.) or the
Family Support Act of 1988 (Public Law 100-485)
(D) individuals whose jobs may be retained as a result of the provision
of financing available under this chapter;

(E) individuals who have historically been
underrepresented in the local economy; and
(5) a representative cross section of applicants are approved,
including large and small community development corporations, urban and
rural community development corporations and community development
corporations representing diverse populations.
(b) PRIORITY.--In determining which application to approve under this
chapter the secretary shall give priority to those applicants proposing
to serve a target area--
(1) with a median income that does not exceed 80 percent of the median
for the area (as determined by the secretary); and
(2) with a high rate of unemployment, as determined by the Secretary or
in which the population loss is at least 7 percent from April 1, 1980,
to April 1, 1990, as reported by the Bureau of the Census.
SEC. 31114. Availability OF LINES OF CREDIT AND USE.
(a) APPROVAL OF APPLICATION.--The secretary shall provide a community
development corporation that has an application approved under section
31113 with a line of credit in an amount determined appropriate by the
secretary, subject to the limitations contained in subsection (b).
(b) LIMITATIONS ON AVAILABILITY OF AMOUNTS.--
(1) MAXIMUM AMOuNT.--The secretary shall not provide in excess of
$2,000,000 in lines of credit under this chapter to a single applicant.
(2) PERIOD OF AVAILABILITY.--A line of credit provided under this
chapter shall remain available over a period of time established by the
secretary, but in no event shall any such period of time be in excess
of 3 years from the date on which such line of credit is made
available.
(3) EXCEPTION--Notwithstanding paragraphs (1) and (2), of a recipient
of a line of credit under this chapter has made full and productive use
of such line of credit, can demonstrate the need and demand for
additional assistance, and can meet the requirements of section
31112(b)(2), the amount of such line of credit may be increased by not
more than $1,500,000
(c) AMOUNTS DRAWN FROM LINE OF CREDIT.--Amounts drawn from each line of
credit under this chapter shall be used solely for the purposes
described in section 31111 and shall only be drawn down as needed to
provide loans, investments, or to defray administrative costs related
to the establishment of a revolving loan fund.



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(d) USE OF REVOLVING LOAN FUNDS.--Revolving loan funds established with
lines of credit provided under this chapter may be used to provide
technical assistance to private business enterprises and to provide
financial assistance in the form of loans, loan guarantees interest
reduction assistance, equity shares, and other such forms of assistance
to business enterprises in target areas and who are in compliance with
section 31113(a)(4)
SEC. 31115. LIMITATIONS ON USE OF FUNDS.
(a) MATCHING REQUIREMENT.--Not to exceed 50 percent of the total amount
to be invested by an entity under this chapter may be derived from
funds made available from a line of credit under this chapter.
(~) TECHNICAL ASSISTANCE AND ADMINISTRATION.--Not to exceed 10 percent
of the amounts available from a line of credit under this chapter shall
be used for the provision of training or technical assistance and for
the planning, development, and management of economic development
projects. Community development corporations shall be encouraged by the
Secretary to seek technical assistance from other community development
corporations, with expertise in the planning, development and
management of economic development projects. The Secretary shall assist
in the identification and facilitation of such technical assistance.
(c) LOCAL AND PRIVATE SECTOR CONTRIBUTIONS.--To receive funds available
under a line of credit provided under this chapter, an entity, using
procedures established by the Secretary, shall demonstrate to the
community development corporation that such entity agrees to provide
local and private sector contributions in accordance with section
31112(b)(2)(D), will participate with such community development
corporation in a loan, guarantee or investment program for a designated
business enterprise, and that the total financial commitment to be
provided by such entity is at least equal to the amount to be drawn
from the line of credit.
(d) USE OF PROCEEDS FROM INVESTMENTS.--Proceeds derived from
investments made using funds made available under this chapter may be
used only for the purposes described in section 31111 and shall be
reinvested in the community in which they were generated.
SEC. 31116. PROGRAM PRIORITY FOR SPECIAL EMPHASIS PROGRAMS.
(a) IN GENERAL.--The Secretary shall give priority in providing lines
of credit under this chapter to community development corporations that
propose to undertake economic development activities in distressed
communities that target women, Native Americans, at risk youth,
farmworkers, population-losing communities, very lowincome communities,
single mothers, veterans, and refugees; or that expand employee
ownership of private enterprises and small businesses~ and to programs
providing loans of not more than $35,000 to very small business
enterprises.
(b) RESERVATION OF FUNDS.--Not less than 5 percent of the amounts made
available under section 31112(a)(2)(A) may be reserved to carry out the
activities described in subsection (a).
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CHAPTER 2--EMERGING COMMUNITY DEVELOPMENT
CORPORATIONS

SEC. 31121. COMMUNITY DEVELOPMENT CORPORATION IMPROVEMENT GRANTS.
(a) PURPOSE.--It is the purpose of this section to provide assistance
to community development corporations to upgrade the management and
operating capacity of such corporations and to enhance the resources
available to enable such corporations to increase their community
economic development activities.
(b) SKILL ENHANCEMENT GRANTS.--
(I) IN GENERAL.--The Secretary shall award grants to community
development corporations to enable such corporations to attain or
enhance the business management and development skills of the
individuals that manage such corporations to enable such corporations
to seek the public and private resources necessary to develop community
economic development projects. (2) USE OF FUNDS.--A recipient of a
grant under paragraph (I) may use amounts received under such grant--
(A) to acquire training and technical assistance from agencies or
institutions that have extensive experience in the development and
management of low-income community economic development projects; or
(B) to acquire such assistance from other highly successful community
development corporations.
(C) OPERATING GRANTS.--
(I) IN GENERAL.--The Secretary shall award grants to community
development corporations to enable such corporations to support an
administrative capacity for the planning, development, and management
of low-income community economic development projects.
(2) USE OF FUNDS.--A recipient of a grant under paragraph (I) may use
amounts received under such grant--
(A) to conduct evaluations of the feasibility of potential low-income
community economic development projects that address identified needs
in the low-income community and that conform to those projects and
activities permitted under subtitle A,
(B) to develop a business plan related to such a potential proJect; or
(C) to mobilize resources to be contributed to a planned low-income
community economic development project or strategy.
(d) APPLICATIONS.--A community development corporation that desires to
receive a grant under this section shall prepare and submit to the
Secretary an application at such time, in such manner, and containing
such information as the Secretary may require.
(e) AMOUNT AVAILABLE FOR A COMMUNITY DEVELOPMENT CORPORATION.--Amounts
provided under this section to a community development corporation
shall not exceed $75,000 per year. Such corporations may apply for
grants under this section for up to 3 consecutive years, except that
such corporations shall be required to submit a new application for
each grant for which such corporation desires to receive and compete on
the basis of such applications in the selection process.





                                             107

SEC 31122. EMERGING COMMUNITY DEVELOPMENT CORPORATION REVOLVING LOAN
FUNDS.
(a) AUTHORITY.--The Secretary may award grants to emerging Community
development corporations to enable such corporations to establish,
maintain or expand revolving loan funds, to make or guarantee loans, or
to make capital investments in new or expanding local businesses.
(b) ELIGIBILITY.--To be eligible to receive a grant under subsection
(a), an entity shall--
(1) be a community development corporation;
(2) have completed not less than one nor more than two community
economic development projects or related projects that improve or
provide job and employment opportunities to low-income individuals;
(3) prepare and submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may
require, including a strategic investment plan that identifies and
describes the economic characteristics of the target area to be served,
the types of business to be assisted using amounts received under the
grant and the impact of such assistance on low-income individuals; and
(4) have secured one or more commitments from local sources for
contributions (either in cash or in kind, letters of credit, or letters
of commitment) in an amount that is equal to at least 10 percent of the
amounts requested in the application submitted underparagraph (2).
(c) USE OF THE REVOLVING LOAN FUND.--
(1) IN GENERAL.--A revolving loan fund established or maintained with
amounts received under this section may be utilized to provide
financial and technical assistance, loans, loan guarantees or
investments to private business enterprises to--
(A) finance projects intended to provide business and
employment opportunities for low-income individuals and
to improve the quality of life in urban and rural areas; and
(B) build and expand the capacity of emerging community development
corporations and serve the economic needs
of local residents.
(2) TECHNICAL ASSISTANCE.--The Secretary shall encourage emerging
community development corporations that receive grants under this
section to seek technical assistance from established community
development corporations, with expertise in the planning, development
and management of economic development projects and shall facilitate
the receipt of such assistance.
(3) LIMITATION.--Not to exceed 10 percent of the amounts received under
this section by a grantee shall be used for training, technical
assistance and administrative purposes.
(d) USE OF PROCEEDS FROM INVESTMENTS.--Proceeds derived from
investments made with amounts provided under this section may be
utilized only for the purposes described in this subtitle and shall be
reinvested in the community in which they were generated.
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(e) AMOUNTS AVAILABLE.--Amounts provided under this section to a
community development corporation shall not exceed $500,000
Per year.

CHAPTER 3--MISCELLANEOUS PROVISIONS

SEC. 31131. DEFINITIONS.

As used in this subtitle:
(1) COMMUNITY DEVELOPMENT CORPORATION.--The term "community development
corporation" means a private, nonprofit corporation whose board of
directors is comprised of business, civic and community leaders, and
whose principal purpose includes the provision of low-income housing or
community economic development projects that primarily benefit low-
income individuals and communities.
(2) LOCAL AND PRIVATE SECTOR CONTRIBUTION.--The term "local and private
sector contribution" means the funds available at the local level (by
private financial institutions, State and local governments) or by any
private philanthropic organization and private, nonprofit organizations
that will be committed and used solely for the purpose of financing
private business enterprises in conjunction with amounts provided under
this subtitle.
(3) POPULATION-LOSING COMMUNITY.--The term "population-losing
community" means any county in which the net population loss is at
least 7 percent from April 1, 1980 to April 1, 1990, as reported by the
Bureau of the Census.
(4) PRIVATE BUSINESS ENTERPRISE.--The term private business enterprise"
means any business enterprise that is engaged in the manufacture of a
product, provision of a service, construction or development of a
facility, or that is involved in some other commercial, manufacturing
or industrial activity, and that agrees to target job opportunities
stemming from investments authorized under this subtitle to certain
individuals.
(5) TARGET AREA.--The term target area means any area defined in an
application for assistance under this subtitle that has a population
whose income does not exceed the median for the area within which the
target area is located.
(6) VERY LOW-INCOME COMMUNITY.--The term "very low-income community"
means a community in which the median income of the residents of such
community does not exceed 50 percent of the median income of the area.

S~C. 31132. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.--There are authorized to be appropriated to carry out
chapters 1 and 2--
(1) $50,000,000 for fiscal year 1996;
(2) $80,000,000 for fiscal year 1997;
(3) $85,000,000 for fiscal year 1998; and
(4) $85,000,000 for fiscal year 1999.
(b) EARMARKS.--Of the aggregate amount appropriated under sr4bsection
(a) for each fiscal year--
(1) 60 percent shall be available to carry out chapter 1; and
(2) 40 percent shall be available to carry out chapter 2.

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

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

Subtitle L-Gang Prevention Services for Boys and Girls

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

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

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

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

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

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

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

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

Subtitle M-Olympic Youth Development Centers

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

                                             111

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

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




                                             113

(i) 75 percent for fiscal years 1995 and 1996;(ii) 70 percent for
fiscal year 1997; and (iii) 60 percent for fiscal year 1998.
(2) NON-FEDERAL SHARE.-
(A) IN GENERAL.--The non-Federal share of such costs
may be in cash or in kind, fairly evaluated, including plant,
equipment, and services (including the services described in subsection
(d)(2)(D)).
(B) SPECIAL RULE.--The Committee may not charge
fees for the participation of children in programs carried out under
this section.
(h) REPORTS.--At the end of each fiscal year, the Council shall submit
to Congress a report on the activities conducted under this section,
including a summary of the information in the report submitted under
subsection (d)(2)(C).
(i) EVALUATION.--The Council shall conduct a thorough evaluation of the
programs assisted under this section, which shall include an assessment
of-
(1) the number of children participating in each program
assisted under this section;
(2) the academic achievement of such children;
(3) school attendance and graduation rates of such chil-
dren; and
(4) the number of such children being processed by the juve-
nile Justice system.
(j) AUTHORIZATION OF APPROPRIATIONS.-
(1) IN GENERAL.--There are authorized to be appropriated
to carry out this section--
(A) $7,000,000 for fiscal year 1996;
(B) $8,000,000 for fiscal year 1997;
(C) $10,000,000 for fiscal year 1998;
(D) $11,000,000 for fiscal year 1999; and
(E) $13,000,000 for fiscal year 2000.
(2) AVAILABILITY.--Amounts appropriated to carry out this
section shall remain available until expended.

Subtitle N--Anticrime Youth Councils

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

                                             114

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

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








                                             115

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

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

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

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

Subtitle O--Urban Recreation and At-Risk Youth

Y...~the

SEC. 31501. PURPOSE OF ASSISTANCE

Section 1003 of the Urban Park and Recreation Recovery Act of 1978 is ~
mended by adding the following at the end: It is further the purpose of
thiS title to improve recreation facilities and expand recreation
services in urban areas with a high incidence of crime and to deter
crime through the expansion of recreation opportunities for at-risk
youth. It is the further purpose of this section to Increase the
security of urban parks and to promote collaboration                                  116

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

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

SEC. 31503. CRITERIA FOR SELECTION.
Section 1005 of the Urban Park and Recreation Recovery Act of 1978 is
amended by striking "and~ at the end of paragraph (6), by striking the
period at the end of paragraph (7) and inserting "; and" and by adding
the following at the end:
"(8) in the case of at-risk youth recreation grants, the Sec-
retary shall give a priority to each of the following criteria:
"(A) Programs which are targeted to youth who are at the greatest risk
of becoming involved in violence and crime.
"(B) Programs which teach important values and life skills, including
teamwork, respect, leadership, and self-esteem.
"(C) Programs which offer tutoring, remedial education, mentoring, and
counseling in addition to recreation opportunities.
"(D) Programs which offer services during late night or other nonschool
hours.
"(E) Programs which demonstrate collaboration between local park and
recreation, juvenile justice, law enforcement, and youth social service
agencies and nongovernmental entities, including the private sector and
community and nonprofit organizations.
"(F) Programs which leverage public or private recreation investments
in the form of services, materials, or cash.
"(G) Programs which show the greatest potential of being continued with
non-Federal funds or which can serve as models for other communities.
".

SEC. 31504. PARKS AND RECREATION ACTION RECOVERY PROGRAMS.
Section 1007(b) of the Urban Park and Recreation Recovery Act of 1978
is amended by adding the following at the end: "In order




                                             117

to be eligible to receive 'at-risk youth recreation grants' a local
government shall amend its 5-year action program to incorporate the
goal of reducing crime and juvenile delinquency and to provide a
description of the implementation strategies to achieve this goal. The
plan shall also address how the local government is coordinating its
recreation programS With crime prevention efforts of law enforcement,
juvenile correctionS, and youth social service agencies. .

SEC. 31505. MISCELLANEOUS AND TECHNICAL AMENDMENTS.
(a) PROGRAM SUPPORT.--Section 1013 of the Urban Park and Recreation
Recovery Act of 1978 is amended by inserting "(a) IN GENERAL.--" after
"1013" and by adding the following new subsection at the end:
"(b) PROGRAM SUPPORT.--Not more than 25 percent of the amountS made
available under this title to any local government may be used for
program support. ".
(b) EXTENSION.--Section 1003 of the Urban Park and Recreation Recovery
ACt of 1978 is amended by striking "for a period of five years" and by
striking "short-term".
(C) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated to carry out this subtitle--
(2) $3,000,000 for fiscal year 1996; (3) $500,000 for fiscal year 1997;
(4) $500,000 for fiscal year 1998; (5) $500,000 for fiscal year 1999;
and (6) $500,000 for fiscal year 2000.

Subtitle P--Boys and Girls Clubs in Public

Housing

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

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

Subtitle Q- Community-Based Justice

Grants for Prosecutors

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

(I) to fund programs that require the cooperation and coordination of
prosecutors, school officials, police, probation officers, youth and
social service professionals, and community members in the effort to
reduce the incidence o~ and increase the successful identification and
speed of prosecution of, young violent offenders;
(2) to fund programs in which prosecutors focus on the of fender, not
simply the specific offense, and impose individualized sanctions,
designed to deter that offender from further antisocial conduct, and
impose increasingly serious sanctions on a young offender who continues
to commit offenses;
(3) to fund programs that coordinate criminal justice re sources with
educational, social service, and community resources to develop and
deliver violence prevention programs, including mediation and other
conflict resolution methods, treatment, counselling, educational, and
recreational programs that create alternatives to criminal activity,
and
(4) in rural States (as defined in section 1501(b) of Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
. . . 3796bb(B)), to fund cooperative efforts between State and local
prosecutorS, victim advocacy and assistance groups,' social and
community service providers, and law enforcement agencies to
investigate and prosecute child abuse caseS, treat youthful victims of
child abuse, and work in cooperation with ' the community to develop
education and prevention strategies I directed toward the issues with
which such entities are concerned.
SEC. 31703. APPLICATIONS.
(a) ELIGIBILITY.--In order to be eligible to receive a grant under this
part for any fiscal year, a State, Indian tribal, or local prosecutor,
in conjunction with the chief executive officer of the jurisdiction in
which the program will be placed, shall submit an application to the
Attorney General in Such form and containing Such information as the
Attorney General may reasonably require
(b) REQUIREMENTS.--Each applicant shall include--



                                             119

(1) a request for funds for the purposes described in section
(2) a description of the communities to be served by the
grant, including the nature of the youth crime, youth violence,
and child abuse problems within such communities;
(3) assurances that Federal funds received under this part
shall be used to supplement, not supplant, non-Federal funds
that would otherwise be available for actiuities funded under
this
(4) statistical information in such form and containing
such information that the Attorney General may require.
(C) COMPREHENSIVE PLAN.--Each applicant shall include a
comprehensive plan that shall contain-
(1) a description of youth violence or Child abuse crime problem
(2) an action plan outlining how the applicant will achieve
the purposes as described in section 31702;
(3) a description of the resources available in the commu-
nity to implement the plan together with a description of the
gaps in the plan that cannot be filled with existing resources;
(4) a description of how the requested grant will be used to
fill gaps.

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

(a) ADMINISTRATIVE COST LIMITATION.--The Attorney General
shall use not more than 5 percent of the funds available under this
program for the purposes of administration and technical assistance.

(b) RENEWAL OF GRANTS.--A grant under this part may be re-
newed for up to 2 additional years after the first fiscal year during
which the recipient receives its initial grant under this part, subject
to the auailability of funds, if--
(1) the Attorney General determines that the funds made
available to the recipient during the previous years were used
in a manner required under the approved application; and
(2) the Attorney General determines that an additional
grant is necessary to implement the community prosecution pro-
gram described in the comprehensive plan required by section 31703.

SEC. 31705. AWARD OF GRANTS.

The Attorney General shall consider the following facts in
awarding grants:
(1) Demonstrated need and evidence of the ability to pro-
vide the services described in the plan required under section 31703.
(2) The Attorney General shall attempt, to the extent practicable, to
achieve an equitable geographic distribution of grant awards.

SEC. 31706. REPORTS.

(a) REPORT TO ATTORNEY GENERAL. State and local prosecu-
tors that receive funds under this subtitle shall submit to the Attor-
pey General a report not later than March 1 of each year that de-.
                                 120

scribes progress achieved in carrying out the plan described under

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

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

(1) $7,000,000 for fiscal year 1996; (2) $10,000,000 for fiscal year
1997(3) $10,000,000 for fiscal year 1998; (4) $11,000,000 for fiscal
year 1999; and (5) $12,000,000 for fiscal year 2000. SEC 31708.
DEFINITIONS In this subtitle-- "Indian tribe" meanS a tribe, band,
pueblo, nation, or other organized group or community of Indians,
including an Alaska Native village (As defined in or established under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that
is recognized As eligible for the special programs and services pro-
vided by the United States to Indians because of their status as

"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, and the United States Virgin Islands. Young violent
offender" means individuals, ages 7 through 22, who have committed
crimes of violence, weapons offenses drug distribution, hate crimes and
civil rights violations, and offenses against personal property of
another.

Subtitle R-Child Safety

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






                                             121

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

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

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

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

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





                                             123

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

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

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

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

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





                                             125

Subtitle S--Family Unity Demonstration Project

SEC. 31901. SHORT TITLE.
This subtitle may be cited as the "Family Unity Demonstration Project
Act".

SEC'. 31902. PURPOSE.
The purpose of this subtitle is to evaluate the effectiveness of
certain demonstration projects in helping to--
(I) alleviate the harm to children and primary caretaker parents caused
by separation due to the incarceration of the parents;
(2) reduce recidivism rates of prisoners by encouraging strong and
supportive family relationships; and
(3! explore the cost effectiveness of community correctional
facilities.

SEC. 31903. DEFINITIONS. In this subtitle--
"child" means a person who is less than 7 years of age.
"community correctional facility" means a residential facility that--
(A) is used only for eligible offenders and their children
under 7 years of age;
(B) is not within the confines of a jail or prison,
(C) houses no more than 50 prisoners in addition to
their children; and
(D) provides to inmates and their children--
(i) a safe, stable, environment for children;
(ii) pediatric and adult medical care consistent
with medical standards for correctional facilities;
(iii) programs to improve the stability of the parent-child
relationship, including educating parents re-
garding--
(I) child development; and
(IV household management;
(iv) alcoholism and drug addiction treatment for
prisoners; and
(v) programs and support services to help in
mates--
(I) to improve and maintain mental and physical health, including
access to counseling;
(II) to obtain adequate housing upon release
from State incarceration;
(III) to obtain suitable education, employment,
or training for employment; and
(IV) to obtain suitable child care.
"eligible offender" meanS a primary caretaker parent who--
(A) has been sentenced to a term of imprisonment of not more than 7
years or is awaiting sentencing for a conviction punishable by such a
term of imprisonment; and
(B) has not engaged in conduct that--
                                  126

(i) knowingly resulted in death or serious bodily
injury;
(ii) is a felony for a crime of violence against a per
son; or
(iii) constitutes child neglect or mental, physical,
or sexual abuse of a child.
"primary caretaker parent" means--
(A) a parent who has consistently assumed responsibility for the
housing, health, and safety of a child prior to incarceration; or
(B) a woman who has given birth to a child after or
while awaiting her sentencing hearing and who expresses a willingness
to assume responsibility for the housing, health, and safety of that
child, a parent who, in the best interest of a child, has arranged for
the temporary care of the child in the home of a relative or other
responsible adult shall not for that reason be excluded from the
category ~primary caretaker".
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the United states virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands.

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

CHAPTER I~RANTS TO STATES

SEC 31911. AUTHORITY TO MAKE GRANTS.
(a) GENERAL AUTHORITY.--The Attorney General may make grants, on a
competitive basis, to States to carry out in accordance with this
subtitle family unity demonstration projects that enable eligible
offenders to live in community correctional facilities with their
children.
(b) PREFERENCES.--For the purpose of making grants under subsection
(a), the Attorney General shall give preference to a state that
includes in the application required by section 31912 assurances that
if the State receives a grant--
(I) both the State corrections agency and the State health and human
serviceS agency will participate substantially in, and cooperate
closely in all aspects of the development and operation of the family
unity demonstration project for Which such a grant IS requested;
(2) boards made up of community members, including residents, local
businesses, corrections officials, former prisoners, child development
professionals, educators, and maternal and

                                             127

child health professionals will be established to advise the State
regarding the operation of such project;
(3) the State has in effect a policy that provides for the placement of
all prisoners, whenever possible, in correctional facilities for which
they qualify that are located closest to their respective family homes;
(4) unless the Attorney General determines that a longer timeline is
appropriate in a particular case, the State will implement the project
not later than 180 days after receiving a grant under subsection (a)
and will expend all of the grant during a l-year period;
(5) the State has the capacity to continue implementing a community
correctional facility beyond the funding period to ensure the
continuity of the work;
(6) unless the Attorney General determines that a different process for
selecting participants in a project is desirable, the state will--
(A) give written notice to a prisoner, not later than 30
days after the state first receives a grant under subsection (a) or 30
days after the prisoner is sentenced to a term of imprisonment of not
more than 7 years (whichever is later), of the proposed or current
operation of the project;
(B) accept at any time at which the project is in operation an
application by a prisoner to participate in the project if, at the time
of application, the remainder of the prisoner's sentence exceeds 180
days;
(C) review applications by prisoners in the sequence in
which the State receives such applications; and
(D) not more than 50 days after reviewing such applications approve or
disapprove the application; and
(7) for the purposes of selecting eligible offenders to participate in
such project, the State has authorized state courts to sentence an
eligible offender directly to a community correctional facility,
provided that the court gives assurances that the offender would have
otherwise served a term of imprisonment. (c) SELECTION OF GRANTEES.--
The Attorney General shall make grants under subsection (a) on a
competitive basis, based on such criteria as the Attorney General shall
issue by rule and taking into account the preferences described in
subsection (b).

SEC. 31912. ELIGIBILITY TO RECEIVE GRANTS.

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

SEC 31913. REPORT.

(a) IN GENERAL.--A State that receives a grant under this title shall,
not later than 90 days after the 1-year period in which the grant is
required to be expended, submit a report to the Attorney General
regarding the family unity demonstration project for which the grant
was expended.
(b) CONTENTS.--A report under subsection (a) shall--                                  128

(1) state the number of prisoners who submitted applications to
participate in the project and the number of prisoners who were placed
in community correctional facilities
(2) state, with respect to prisoners placed in the project, the number
of prisoners who are returned to that jurisdiction and custody and the
reasons for such return,
(3) describe the nature and scope of educational and training
activities provided to prisoners participating in the project
(4) state the number, and describe the scope of contracts made with
public and nonprofit private community-based organizations to carry out
such project; and
(5) evaluate the effectiveness of the project in accomplishing the
purposes described in section 31902.

CHAPTER 2--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS

SEC. 31921. AUTHORITY OF THE ATTORNEY GENERAL.
(a) IN GENERAL.--With the funds available to carry out this subtitle
for the benefit of Federal prisoners, the Attorney General acting
through the Director of the Bureau of Prisons, shall select eligible
prisoners to live in community correctional facilities with their
(b) GENERAL CONTRACTING AUTHORITY.--In implementing this title, the
Attorney General may enter into contracts with appropriate public or
private agencies to provide housing, sustenance services and
supervision of inmates eligible for placement in community correctional
facilities under this title.
(C) USE OF STATE FACILITIES.--At the discretion of the Attorney
General, Federal participants may be placed in State projects as de-
fined in chapter 1. For such participants, the Attorney General shall,
with funds available under section 31904(b)(2), reimburse the State for
all project costs related to the Federal participant's placement,
including administrative costs.

SEC. 31922. REQUIREMENTS.
For the purpose of placing Federal participants in a family unity
demonstration project under section 31921, the Attorney General shall
consult with the Secretary of Health and Human Services regarding the
development and operation of the project.

Subtitle T--Substance Abuse Treatment in
Federal Prisons

SEC 32001. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS
Section 3621 of title 18, United States Code, is amended--
(I) in the last sentence of subsection (b), by striking " to the extent
practicable,"; and
(2) by adding at the end the following new subsection: (e) SUBSTANCE
ABUSE TREATMENT.--
(I) PHASE-IN.--In order to carry out the requirement of the last
sentence of subsection (b) of this section, that every prisoner with a
substance abuseproblem have the opportunity to participate in
appropriate Substance abuse treatment, the Bureau of

                                             129

Prisons shall, subject to the availability of appropriations, provide
residential substance abuse treatment (and make arrangements for
appropriate aftercare)--
"(A) for not less than 50 percent of eligible prisoners by the end of
fiscal year 1995, with priority for such treatment accorded based on an
eligible prisoner's proximity to release date;
"(B) for not less than 75 percent of eligible prisoners by the end of
fiscal year 1996, with priority for such treatment accorded based on an
eligible prisoner's proximity to release date; and
"(C) for all eligible prisoners by the end of fiscal year 1997 and
thereafter, with priority for such treatment accorded based on an
eligible prisoner's proximity to release date.
"(2) INCENTIVE FOR PRISONERS SUCCESSFUL COMPLETION OF TREATMENT
PROGRAM.--
"(A) GENERALLY.--Any prisoner who, in the judgment of the Director of
the Bureau of Prisons, has successfully completed a program of
residential substance abuse treatment provided under paragraph (V of
this subsection, shall remain in the custody of the Bureau under such
conditions as the Bureau deems appropriate. If the conditions of con-
finement are different from those the prisoner would have experienced
absent the successful completion of the treatment, the Bureau shall
periodically test the prisoner for substance abuse and discontinue such
conditions on determining that substance abuse has recurred.
'(B) PERIOD OF CUSTODY.--The period a prisoner convicted of a
nonviolent offense remains in custody after successfully completing a
treatment program may be reduced by the Bureau of Prisons, but such
reduction may not be more than one year from the term the prisoner must
otherwise serve.
"(3) REPORT.--The Bureau of Prisons shall transmit to the Committees on
the Judiciary of the Senate and the House of Representatives on January
1, 1995, and on January 1 of each year thereafter, a report. Such
report shall contain--
"(A) a detailed quantitative and qualitative description of each
substance abuse treatment program, residential or not, operated by the
Bureau;
"(B) a full explanation of how eligibility for such programs is
determined, with complete information on what proportion of prisoners
with substance abuse problems are eligible; and
"(C) a complete statement of to what extent the Bureau has achieved
compliance with the requirements of this title.
(4) AUTHORIZATION OF APPROPRIATION.--There are authorized to be
appropriated to carry out this subsection--
"(A) $15,000,000 for fiscal year 1996;
"(B) $21,000,000 for fiscal year 1997;
"(C) $28,000,000 for fiscal year 1998;
"(D) $30,000,000 for fiscal year 1999; and
"(E) $31,000,000 for fiscal year 2000.
                                  130

"(5) DEFINITIONS.--As used in this subsection--
"(A) the term 'residential substance abuse treatment' means a course of
individual and group activities, lasting between 6 and 12 months, in
residential treatment facilities set apart from the general prison
population--
"(i) directed at the substance abuse problems of the
prisoner; and
"(ii) intended to develop the prisoner's cognitive,
behavioral, social, vocational and other skills so as to solve the
prisoner's substance abuse and related problems;
"(B) the term 'eligible prisoner' means a prisoner who is--
"(i) determined by the Bureau of Prisons to have a
substance abuse problems, and
"(ii) willing to participate in a residential sub
stance abuse treatment program; and
"(C) the term 'aftercare' means placement, case management and
monitoring of the participant in a community based substance abuse
treatment program when the participant leaves the custody of the Bureau
of Prisons.
(6) COORDINATION OF FEDERAL ASSISTANCE.--The Bureau of Prisons shall
consult with the Department of Health and Human Services concerning
substance abuse treatment and related services and the incorporatiOn of
applicable components of existing comprehensive approaches including
relapse prevention and aftercare services.".

Subtitle U--Residential Substance Abuse
Treatment for State Prisoners

SEC. 32101. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE
PRISONERS
(a) RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS.--Title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), as amended by section 20201(a), Is amended--
(1) by redesignating part S as part T;
(2) by redesignating section 1901 as section 2001; and
(3) by inserting after part R the following new part:

"PARTS--RESIDENTIAL SUBSTANCE ABUSE
TREATMENT FOR STATE PRISONERS

"SEC 1901. GRANT AUTHORIZATION.
"(a) The Attorney General may make grants under this part to States,
for use by States and units Of local government for the purpose of
developing and implementing residential substance abuse treatment
programs within State correctional facilities, as well as within local
correctional and detention facilities in Which inmates are incarcerated
for a period of time sufficient to permit substance abuse treatment.





                                             131

"(b) Consultation.--The Attorney General shall consult with the
secretary of Health and Human Services to ensure that projects of
substance abuse treatment and related services for State prisoners
incorporate applicable components of existing comprehensive approaches
including relapse prevention and after care services.
SEC. 1902. STATE APPLICATIONS.
"(a) IN GENERAL. (1) To request a grant under this part the chief
exeCUtiVe of a State shall submit an application to the Attorney
General in Such form and containing such information as the Attorney
General may reasonably require.
"(2) Such application shall include assurances that Federal funds
received under thiS part shall be used to supplement, not supplant,
non-Federal funds that would otherwise be available for activities
funded under this part.
"(3) Such application shall coordinate the design and implementation of
treatment programs between State correctional representativeS and the
State Alcohol and Drug Abuse agency (and, if appropriate, between
representatives of local correctional agencies and representatives of
either the State alcohol and drug abuse agency or any appropriate local
alcohol and drug abuse agency).
"(b) SUBSTANCE ABUSE TESTING REQUIREMENT.--To be eligible to receive
funds under this part, a State must agree to implement or continue to
require urinalysis or other proven reliable forms of testing of
individuals in correctional residential substance abuse treatment
programs. Such testing shall include individuals released from
residential substance abuse treatment programs who remain in the
custody of the State.
"(C) ELIGIBILITY FOR PREFERENCE
WITH AFTER CARE COMPONENT.--
"(1) To be eligible for a preference under this part, a State must
ensure that individuals who participate in the substance abuse
treatment program established or implemented with assistance provided
under this part will be provided with aftercare services.
"(2) state aftercare services must involve the coordination of the
correctional facility treatment program with other human service and
rehabilitation programs, such as educational and job training programs,
parole supervision programs, half-way house programs, and participation
in self-help and peer group programs, that may aid in the
rehabilitation of individuals in the substance abuse treatment program.
"(3) To qualify as an aftercare program, the head of the substance
abuse treatment program, in conjunction with State and local
authorities and organizations involved in substance abuse treatment,
shall assist in placement of substance abuse treatment program
participants with appropriate community substance abuse treatment
facilities when such individuals leave the correctional facility at the
end of a sentence or on parole.
(d) COORDINATION OF FEDERAL ASSISTANCE.--Each application submitted for
a grant under this section shall include a description of how the funds
made available under this section will be coordinated with Federal
assistance for substance abuse treatment and aftercare services
currently provided by the Department of
                                  132

Health and Human Services' Substance Abuse and Mental Health &rvices
Administration.
(e) STATE OFFICE.--The Office designated under section 507
"(1) shall prepare the application as required under this
section; and
"(2) shall administer grant fiunds received under thiS part
including review of spending, processing, progreSS, financial re-
porting, technical assistance, grant adjustments, accounting auditing,
and fund disburse nent.

"SEC. 1903. REVIEW OF STATE APPLICATIONS.
"(a) IN GENERAL.--The Attorney General shall make a grant under section
1901 to carry out the projectS described in the application submitted
under section 1902 upon determining that--
"(I) the application is consistent with the requirements of
this part; and
"(2) before the approval of the application the Attorney Gen
eral has made an affirmative finding in writing that the proposed
project has been reviewed in accordance with this part "(b) APPROVAL.--
Each application submitted under section 1902 shall be considered
approved, in whole or in part, by the Attorney General not later than
90 days after first received unless the Attorney General informs the
applicant of specific reasons for disapproval.
"(c) RESTRICTION.--Grant funds received under this part shall not be
used for land acquisition or construction projects
(d) DISAPPROVAL NOTICE AND RECONSIDERATION.--The Attorney General shall
not disapprove any application without first affording the applicant
reasonable notice and an opportunity for reconsideration.

"SEC 1904. ALLOCATION AND DISTRIBUTION OF FUNDS.
"!a) ALLOCATION.--Of the total amount appropriated under this part in
any fiscal year--
"(1) 0.4 percent shall be allocated to each of the participat
ing States; and
"(2) of the total fiunds remaining after the allocation under
paragraph (1), there shall be allocated to each of the participating
States an amount which bears the same ratio to the amount of remaining
fiunds described in this paragraph as the State prison populntion of
such State bears to the total prison population of all the
participating States.
'(b) FEDERAL SHARE.--The Federal share of a grant made under this part
may not exceed 75 percent of the total costs of the proJects described
in the application submitted under section 1902 for the fiscal year for
which the projects receive assistance under this part.

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

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

"PART S--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS
1901. Grant authorization, ~or, 1902. State applications.
1903. Review of State applications.
1904. Allocation and distribution of funds.
1905. Evaluation.

"PART T--TRANSITION-EFFECTIVE DATE-REPEALER
Sec. 2001. Confirmation of rules, authorities, and proceedings
(C) DEFINITIONS.--Section 901(a) of the Omnibus Crime Control Safe
Streets Act of 1968 (42 U.S.C. 3791(a)), (as amended by 'ion 20201(c),
is amended--
(1) by striking "and" at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and
inserting~ "; and"; and
(3) by adding at the end the following new paragraph:
"(25) the term 'residential substance abuse treatment program' means a
course of individual and ,~roup activities, lasting
between 6 and 12 months, in residential treatment facilities set
apart from the general prison population--
"(A) directed at the substance abuse problems of the
prisoner; and
"(B) intended to develop the prisoner's cognitive, behavioral, social,
vocational, and other skills so as to solve the
prisoner's substance abuse and related problems.".
(d) AUTHORIZATION OF APPROPRIATIONS.--Section 1OO1(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 2 U.S.C. 3793), as
amended by section 20201(d), is amended--
(I) in paragraph (3) by striking ~and R" and inserting ~R,
or S"; and
(2) by adding at the end the following new paragraph:
"(17) There are authorized to be appropriated to carry out the projects
under part S--
"(A) $30,000,000 for fiscal year 1996;
"(B) $40,000,000 for fiscal year 1997;
"(C) $70,000,000 for fiscal year 1998;
"(D) $80,000,000 for fiscal year 1999; and
"(E) $80,000,000 for fiscal year 2000."

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

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

care of tuberculosis among inmates of correctional institutiOns
an~persons held in holding facilities operated by or under contract
wit~ the Immigration and Naturalization Service.
(b) COMPLIANCE.--The Attorney General shall ensure that prisons in the
Federal prison system and holding facilities operated b or under
contract with the Immigration and Naturalization Service comply with
the guidelines described in subsection (a).
(c) GRANTS.--
(1) IN GENERAL.--The Attorney General shall make grants to State,
Indian tribal, and local correction authorities and public health
authorities to assist in establishing and operating programs for the
prevention, diagnosis, treatment, and followup care of tuberculosis
among inmates of correctional institutions
(2) FEDERAL SHARE.--The Federal share of funding of a program funded
with a grant under paragraph (1) shall not exceed 50 percent.
(3) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated to carry out this section--
(A) $700,000 for fiscal year 1996;
(B) $1,000,000 for fiscal year 1997; (C) $1,000,000 for fiscal year
1998; (D) $1,100,000 for fiscal year 1999, and (E) $1,200,000 for
fiscal year 2000.
(d) DEFINITIONS.--In this section--
"Indian tribe means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including an Alaska Native village (as
defined in or established under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.), that is recognized as eligible for the
special programs and services provided by the United States to Indians
because of their status as Indians.
"Staten means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, and the United States Virgin Islands.

Subtitle W--Nope in Youth Program

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



                                             135

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

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

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

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

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

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

Subtitle X-Gang Resistance Education and Training

SEC. 32401. GANG RESISTANCE EDUCATION AND TRAINING PROJECTS. (a)
ESTABLISHMENT OF PROJECTS.--
(I) IN GENERAL.--The Secretary of the Treasury shall establish not less
than 50 Gang Resistance Education and Training (GREAT) projects, to be
located in communities across the country, in addition to the number of
projects currently funded.
(2) SELECTION OF COMMUNITIES.--Communities identified for such GREAT
projects shall be selected by the Secretary of the Treasury on the
basis of gang-related activity in that particular community.
(3) AMOUNT OF ASSISTANCE PER PROJECT; ALLOCATION.-The Secretary of the
Treasury shall make available not less than $800,000 per project,
subject to the availability of appropriations, and such funds shall be
allocated--
(A) 50 percent to the affected State and local law enforcement and
prevention organizations participating in such projects; and
(B) 50 percent to the Bureau of Alcohol, Tobacco and Firearms for
salaries, expenses, and associated administrative costs for operating
and overseeing such projects.
(b) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be
appropriated to carry out this section--
(1) $10,000,000 for fiscal year 1995;
(2) $8,000,000 for fiscal year 1996;
(3) $8,000,000 for fiscal year 1997;
(4) $8,000,000 for fiscal year 1998;
(5) $8,000,000 for fiscal year 1999; and
(6) $8,000,000 for fiscal year 2000.








                                             137

TITLE IV--VIOLENCE AGAINST WOMEN

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

Subtitle A--Safe Streets for Women

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

CHAPTER I--FEDERAL PENALTIES FOR SEX Crimes


SEC. 40111. REPEAT OFFENDERS.
(a) IN GENERAL.--Chapter 109A of title 18, United States Code, is
amended by adding at the end the following new section:

"2247. Repeat offenders

"Any person who violates a provision of this chapter, after one or more
prior convictions for an offense punishable under this chapter, or
after one or more prior convictions under the laws of any State
relating to aggravated sexual abuse, sexual abuse, or abusive sexual
contact have become final, is punishable by a term of imprisonment up
to twice that otherwise authorized.".
(b) AMENDMENT OF SENTENCING GUIDELINES.--The Sentencing Commission
shall implement the amendment made by subsection (a) by promulgating
amendments, if appropriate, in the sentencing guidelines applicable to
chapter 109A offenses.
(c) CHAPTER ANALYSIS.--The chapter analysis for chapter 109A of title
18, United States Code, is amended by adding at the end the following
new item:
2247. Repeat offenders.
SEC. 40112. FEDERAL PENALTIES.
(a) AMENDMENT OF SENTENCING GUIDELINES.--Pursuant to its authority
under section 994(p) of title 28, United States Code, the United States
Sentencing Commission shall review and amend, where necessary, its
sentencing guidelines on aggravated sexual abuse under section 2241 of
title 18, United States Code, or sexual abuse under section 2242 of
title 18, United States Code, as follows:
(I) The Commission shall review and promulgate amendments to the
guidelines, if appropriate, to enhance penalties if more than 1
offender is involved in the offense.
(2) The Commission shall review and promulgate amendments to the
guidelines, if appropriate, to reduce unwarranted disparities between
the sentences for sex offenders who are known to the victim and
sentences for sex offenders who are not known to the victim.
(3) The Commission shall review and promulgate amendments to the
guidelines to enhance penalties, if appropriate, to render Federal
penalties on Federal territory commensurate with penalties for similar
offenses in the States.
                                  138

(4) The Commission shall review and promulgate amendments to the
guidelines, if appropriate, to account for the general problem of
recidivism in cases of sex offenses, the severity of the offense, and
its devastating effects on survivors.
(b) REPORT.--Not later than 180 days after the date of enactment of
this Act, the United States Sentencing Commission shall review and
submit to Congress a report containing an analysis Of Federal rape
sentencing, accompanied by comment from independent experts in the
field, describing--
(1) comparative Federal sentences for cases in which the rape victim iS
known to the defendant and cases in which the rape victim is not known
to the defendant
(2) comparative Federal sentences for cases on Federal territory and
sentences in surrounding States; and
(3) an analysis of the effect of rape sentences on populations residing
primarily on Federal territory relative to the impact of other Federal
offenses in which the existence of Federal jurisdiction depends upon
the offense's being committed on Federal territory.

SEC. 40113. MANDATORY RESTRICTION FOR SEX CRIMES (a) SEXUAL ABUSE.--
(1) IN GENERAL.--Chapter 109A of title 18, United States Code, is
amended by adding at the end the following new section:

"~2248. Mandatory restitution

"(a) IN GENERAL.--Notwithstanding section 3663, and in addition to any
other civil or criminal penalty authorized by law, the court shall
order restitution for any offense under this chapter.
(b) SCOPE AND NATURE OF ORDER.--
"(1) DIRECTIONS.--The order of restitution under this section shall
direct that--
"(A) the defendant pay to the victim (through the appropriate court
mechanism) the full amount of the victim's
losses as determined by the court, pursuant to paragraph
(3); and
"(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
(2) ENFORCEMENT BY VICTIM.--An order of restitution also may be
enforced by a victim named in the order to receive the restitution in
the same manner as a judgment in a civil action.
(3) DEFINITION.--For purposes of this subsection, the term full amount
of the victim's losses' includes any costs incurred by the victim for--
"(A) medical services relating to physical, psychiatric,
or psychological care;
"(B) physical and occupational therapy or rehabilitation;
"(C) necessary transportation, temporary housing, and
child care expenses;
"(D) lost income;
"(E) attorneys' fees, plus any costs incurred in obtain
in~ a civil protection order: and


                                             139

"(F) any other losses suffered by the victim as a proximate result of
the offense.
"(4) ORDER MANDATORY.
"A) The issuance of a restitution order under this section is
mandatory.
"(B) A court may not decline to issue an order under this section
because of--
"(i) the economic circumstances of the defendant; or
"(ii) the fact that a victim has, or is entitled to, receive
compensation for his or her injuries from the proceeds of insurance or
any other source.
"(C)(i) Notwithstanding subparagraph (A), the court may take into
account the economic circumstances of the defendant in determining the
manner in which and the schedule according to which the restitution is
to be paid.
"(ii) For purposes of this subparagraph, the term 'economic
circumstances' includes--
"(V the financial resources and other assets of the defendant;
"(II) projected earnings, earning capacity, and other in
come of the defendant; and
"(III) any financial obligations of the defendant, including
obligations to dependents.
"(D) Subparagraph (A) does not apply if--
"(i) the court finds on the record that the economic circumstances of
the defendant do not allow for the payment
of any amount of a restitution order, and do not allow for
the payment of any or some portion of the amount of a res-
titution order in the foreseeable future (under any reason-
able schedule of payments); and
"(ii) the court enters in its order the amount of the victim's losses,
and provides a nominal restitution award.
"(5) MORE THAN 1 OFFENDER.--When the court finds that more than 1
offender has contributed to the loss of a victim, the court may make
each offender liable for payment of the full amount of restitution or
may apportion liability among the offenders to reflect the level of
contribution and economic circumstances of each offender.
(6) MORE THAN 1 VICTIM.--When the court finds that more than 1 victim
has sustained a loss requiring restitution by an offender, the court
shall order full restitution of each victim but may provide for
different payment schedules to reflect the economic circumstances of
each victim.
(7) PAYMENT SCHEDULE.--An order under this section may direct the
defendant to make a single lump-sum payment or partial payments at
specified intervals.
(8) SETOFF.--Any amount paid to a victim under this section shall be
set off against any amount later recovered as compensatory damages by
the victim from the defendant in--
"(A) any Federal civil proceeding; and
"(B) any State civil proceeding, to the extent provided
by the law of the State.
"(9) EFFECT ON OTHER SOURCES OF COMPENSATION.--The issuance of a
restitution order shall not affect the entitlement of a victim to
receive compensation with respect to a loss from in-

                                             140

surance or any other source until the payments actually received by the
victim under the restitution order fully compensate the victim for the
loss.
"(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.-- Compliance with a
restitution order issued under this section shall be a condition of any
probation or supervised release of a defendant. If an offender fails to
comply with a restitution order, the court may, after a hearing, revoke
probation or a term of supervised release, modify the terms or
conditions of probatIon or a term of supervised release, or hold the
defendant in contempt pursuant to section 3583(e). In determining
whether to revoke probation or a term of supervised release, modify the
terms or conditions of probation or supervised release or hold a
defendant serving a term of supervised release in contempt, the court
shall consider the defendant's employment status, earning ability and
financial resources, the willfulness of the defendant's failure to
comply, and any other circumstances that may have a bearing on the
defendant's ability to comply "(c) PROOF OF CLAIM.--
"(1) AFFIDAVIT.--Within 60 days after conviction and, in any event, not
later than 10 days prior to sentencing, the United States Attorney (or
the United States Attorney's delegee), after consulting with the
victim, shall prepare and file an affidavit with the court listing the
amounts subject to restitution under this section. The affidavit shall
be signed by the United States Attorney (or the United States
Attorney's delegee) and the victim. Should the victim object to any of
the information included in the affidavit, the United States Attorney
(or the United States Attorney's delegee) shall advise the victim that
the victim may file a separate affidavit and shall provide the victim
with an affidavit form which may be used to do so.
"(2) OBJECTION.--If, after the defendant has been notified of the
affidavit, no objection is raised by the defendant, the amounts
attested to in the affidavit filed pursuant to paragraph (1) shall be
entered in the court's restitution order. If objection is raised, the
court may require the victim or the United States Attorney (or the
United States Attorney's delegee) to submit further affidavits or other
supporting documents, demonstrating the victim's losses.
"(3) ADDITIONAL DOCUMENTATION AND TESTIMONY.--If the court concludes,
after reviewing the supporting documentation and considering the
defendant's objections, that there is a substantial reason for doubting
the authenticity or veracity of the records submitted, the court may
require additional documentation or hear testimony on those questions.
The privacy of any records filed, or testimony heard, pursuant to this
section shall be maintained to the greatest extent possible, and such
records may be filed or testimony heard in camera.
(4) FINAL DETERMINATION OF LOSSES.--If the victim's losses are not
ascertainable by the date that is 10 days prior to sentenCing as
provided in paragraph (1), the United States Attorney (or the United
States Attorney's delegee) shall so inform the court, and the court
shall set a date for the final determination of the victim's losses,
not to exceed 90 days after sentencing.


                                             141

If the victim subsequently discovers further losses, the victim
shall have 60 days after discovery of those losses in which to petition
the court for an amended restitution order. Such order
may be granted only upon a showing of good cause for the fail-
ure to include such losses in the initial claim for restitutionary

"(d) MODIFICATION OF ORDER.--A victim or the offender may petition the
court at any time to modify a restitution order as appropriate in view
of a change in the economic circumstances of the of

"(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER.--The court may refer
any issue arising in connection with a proposed order of restitution to
a magistrate or special master for proposed findings of fact and
recommendations as to disposition, subJect to a de novo determination
of the issue by the court.
"(f) DEFINITION.--For purposes of this section, the term victim means
the individual harmed as a result of a commission of a crime
t- under this chapter, including, in the case of a victim who is under
18 years of age, incompetent, incapacitated, or deceased, the legal
guardian of the victim or representative of the victims estate, another
family member, or any other person appointed as suitable by the court,
but in no event shall the defendant be named as such representative or
guardian.
(2) TECHNICAL AMENDMENT.--The chapter analysis for chapter 110 of title
18, United States Code, is amended by adding at the end the following
new item:
"2248. Mandatory restitution.~.
(b) SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN.--
(1) IN GENERAL.--Chapter 110 of title 18, United States Code, is
amended by adding at the end the following new section:

"2259. Mandatory restitution

"(a) IN GENERAL.--Notwithstanding section 3663, and in addition to any
other civil or criminal penalty author~zed by law, the court shall
order restitution for any offense under this chapter.
"(b) SCOPE AND NATURE OF ORDER.--
"(1) DIRECTIONS.--The order of restitution under this section shall
direct that--
"(A) the defendant pay to the victim (through the appropriate court
mechanism) the full amount of the victims
losses as determined by the court, pursuant to paragraph
(3); and
"(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
"(2) ENFORCEMENT BY VICTIM.--An order of restitution may also be
enforced by a victim named in the order to receive the restitution in
the same manner as a Judgment in a civil action.
"(3) DEFINITION.--For purposes of this subsection, the term 'full
amount of the victim's losses' includes any costs incurred by the
victim for--
"(A) medical services relating to physical, psychiatric,
or psychological care;
                                  142

"(B) physical and occupational therapy or rehabilitation;
"(C) necessary transportation, temporary housing, and
child care expenses;
"(D) lost income;
"(E) attorneys' fees, as well as other costs incurred; and
"(F) any other losses suffered by the victim as a proximate result of
the offense.
(4) ORDER MANDATORY.
"(A) The issuance of a restitution order under this section is
mandatory.
"(B) A court may not decline to issue an order under this section
because of--
"(i) the economic circumstances of the defendant; or
"(ii) the fact that a victim has, or is entitled to, receive
compensation for his or her injuries from the proceeds of insurance or
any other source.
"(C)(i) Notwithstanding subparagraph (A), the court may take into
account the economic circumstances of the defendant in determining the
manner in which and the schedule according to which the restitution is
to be paid.
"(ii) For purposes of this subparagraph, the term 'economic
circumstances includes--
"(V the financial resources and other assets of the defendant;
"(II) projected earnings, earning capacity, and other in
come of the defendant; and
"(III) any financial obligations of the defendant, including
obligations to dependents.
"(D) Subparagraph (A) does not apply if--
"(i) the court finds on the record that the economic circumstances of
the defendant do not allow for the payment
of any amount of a restitution order, and do not allow for
the payment of any or some portion of the amount of a res-
titution order in the foreseeable future (under any reason-
able schedule of payments); and
"(ii) the court enters in its order the amount of the victim's losses,
and provides a nominal restitution award.
(5) MORE THAN 1 OFFENDER.--When the court finds that more than 1
offender has contributed to the loss of a victim, the court may make
each offender liable for payment of the full amount of restitution or
may apportion liability among the offenders to reflect the level of
contribution and economic circumstances of each offender.
(6) MORE THAN 1 VICTIM.--When the court finds that more than 1 victim
has sustained a loss requiring restitution by an offender, the court
shall order full restitution of each victim but may provide for
different payment schedules to reflect the economic circumstances of
each victim.
(7) PAYMENT SCHEDuLE.--An order under this section may direct the
defendant to make a single lump-sum payment or partial payments at
specified intervals.
"(8) SETOFF.--Any amount paid to a victim under this section shall be
set off against any amount later recovered as compensatory damages by
the victim from the defendant in--

                                             143

"(A) any Federal civil proceeding; and
"(B) any State civil proceeding, to the extent provided
by the law of the State.
"(9) EFFECT ON OTHER SOURCES OF COMPENSATION.--The issuance of a
restitution order shall not affect the entitlement of a victim to
receive compensation with respect to a loss from insurance or any other
source until the payments actually received by the victim under the
restitution order fully compensate the victim for the loss.
"(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.-- Compliance with a
restitution order issued under this section shall be a condition of any
probation or supervised release of a defendant. If an offender fails to
comply with a restitution order, the court may, after a hearing, revoke
probation or a term of supervised release, modify the terms or
conditions of probation or a term of supervised release, or hold the
defendant in contempt pursuant to section 3583(e). In determining
whether to revoke probation or a term of supervised release, modify the
terms or conditions of probation or supervised release or hold a
defendant serving a term of supervised release in contempt, the court
shall consider the defendant's employment status, earning ability and
financial resources, the willfulness of the defendant's failure to
comply, and any other circumstances that may have a bearing on the
defendant's ability to comply. "(c) PROOF OF CLAIM.--
"(1) AFFIDAVIT.--Within 60 days after conviction and, in any event, not
later than 10 days prior to sentencing, the United States Attorney (or
the United States Attorney's delegee), after consulting with the
victim, shall prepare and file an affidavit with the court listing the
amounts subject to restitution under this section. The affidavit shall
be signed by the United States Attorney (or the United States
Attorney's delegee) and the victim. Should the victim object to any of
the information included in the affidavit, the United States Attorney
(or the United States Attorney's delegee) shall advise the victim that
the victim may file a separate affidavit and shall provide the victim
with an affidavit form which may be used to do so.
"(2) OBJECTION.--If, after the defendant has been notified of the
affidavit, no objection is raised by the defendant, the amounts
attested to in the affidavit filed pursuant to paragraph (1) shall be
entered in the court's restitution order. If objection is raised, the
court may require the victim or the United States Attorney (or the
United States Attorney's delegee) to submit further affidavits or other
supporting documents, demonstrating the victim's losses.
'(3) ADDITIONAL DOCUMENTATION AND TESTIMONY.--If the court concludes,
after reviewing the supporting documentation and considering the
defendant's objections, that there is a substantial reason for doubting
the authenticity or veracity of the records submitted, the court may
require additional documentation or hear testimony on those questions.
The privacy of any records filed, or testimony heard, pursuant to this
section shall be maintained to the greatest extent possible, and such
records may be filed or testimony heard in camera.
                                  144
"(4) FINAL DETERMINATION OF LOSSES.--If the victim's losses are not
ascertainable by the date that is 10 days prior sentencing as provided
in paragraph (1), the United States Attorney (or the United States
Attorney's delegee) shall so inform the court, and the court shall set
a date for the final determination of the victim's losses, not to
exceed 90 days after sentencing if the victim subsequently discovers
further losses, the victim shall have 60 days after discovery of those
losses in which to petition the court for an amended restitution order.
Such order may be granted only upon a showing of good cause for the
failure to include such losses in the initial claim for restitutionary
relief.
"(d) MODIFICATION OF ORDER.--A victim or the offender may petition the
court at any time to modify a restitution order as appropriate in view
of a change in the economic circumstances of the offender.

(e) REFERENCE TO MAGISTRATE OR SPECIAL MASTER.--The court may refer any
issue arising in connection with a proposed order of restitution to a
magistrate or special master for proposed findings of fact and
recommendations as to disposition, subject to a de novo determination
of the issue by the court. (f) DEFINITION.--For purposes of this
section, the term victim' means the individual harmed as a result of a
commission of a crime under this chapter, including, in the case of a
victim who is under 18 years of age, incompetent, incapacitated, or
deceased, the legal guardian of the victim or representative of the
victim's estate, another family member, or any other person appointed
as suitable by the court, but in no event shall the defendant be named
as such representative or guardian.".
(2) TECHNICAL AMENDMENT.--The chapter analysis for chapter 110 of title
18, United States Code, is amended by adding at the end the following
new item 2259. Mandatory restitution E SEC. 40114. Authorization FOR
FEDERAL VICTIM'S COUNSELORS There are authorized to be appropriated for
the United States Attorneys for the purpose of appointing
Victim/Witness Counselors for the prosecution of sex crimes and
domestic violence crimes where applicable (such as the District of
Columbia)--
(1) $500,000 for fiscal year 1996-
(2) $600,000 for fiscal year 1997; and
(3) $500,000 for fiscal year 1998. CHAPTER 2--LAW ENFORCEMENT AND
PROSECUTION GRANTS TO REDUCE VIOLENT CRIMES AGAINST WOMEN SEC. 40121.
GRANTs TO COMPARE VIOLENT CRIMES AGAINST WOMEN (a) IN GENERAL.--Title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.), as amended by section 32101(a), is amended--
(1) by redesignating part T as part U
(2) by redesignating section 2001 as section 2101; and
(3) by inserting after part S the following new part:








145

"PART T-GRANTS To COMBAT VIOLENT CRIMES AGAINST WOMEN

SEC. 2001. PURPOSE OF THE PROGRAM AND GRANTS.
"(a) GENERAL PROGRAM PURPOSE.--The purpose of this part is to assist
States, Indian tribal governments, and units of local government to
develop and strengthen effective law enforcement and prosecution
strategies to combat violent crimes against women, and to develop and
strengthen victim services in cases involving violent crime, against
women.
(B) Purposes for Which Grants May Be USED. Grants under this part shall
provide personnel, training, technical assistance, data collection and
other equipment for the more widespread apprehension, prosecution, and
adjudication of persons committing
violent crimes against women, and specifically, for the purposes of--
"1) training law enforcement officers and prosecutors to more
effectively identify and respond to violent crimes against women,
including the crimes of sexual assault and domestic violence
"(2) developing training, or expanding units of law enforcement
officers and prosecutors specifically targeting violent crimes against
women, including the crimes of sexual assault and domestic violence;
"(3) developing and implementing more effective police and prosecution
policies, protocols, orders, and services specifically devoted to
preventing, identifying, and responding to violent crimes against
women, including the crimes of sexual assault and domestic violence;
"(4) developing, installing, or expanding data collection and
communication systems, including computerized systems, linking police,
prosecutors, and courts or for the purpose of identifying and tracking
arrests, protection orders, violations of protection orders,
prosecutions, and convictions for violent crimes against women,
including the crimes of sexual assault and domestic violence;
"(5) developing, enlarging, or strengthening victim services programs,
including sexual assault and domestic violence programs, developing or
improving delivery of victim services to racial, cultural, ethnic, and
language minorities, providing specialized domestic violence court
advocates in courts where a significant number of protection orders are
granted, and increasing reporting and reducing attrition rates for
cases involving violent crimes against women, including crimes of
sexual assault and domestic violence;
"(6) developing, enlarging, or strengthening programs addressing
stalking; and
"(7) developing, enlarging, or strengthening programs addressing the
needs and circumstances of Indian tribes in dealing with violent crimes
against women, including the crimes of sexual assault and domestic
violence.
SEC.2002. STATE GRANTS.
(a) GENERAL GRANTS.--The Attorney General may make
grantS to States, for use by States, units of local government, non-
profit nongovernmental victim services programs, and Indian tribal
governments for the purposes described in section 2001(b).
                                  146

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

"(1) 4 percent shall be available for grants to Indian tribal
governments;
"(2) $500,000 shall be available for grants to applicants in each
state; and
"(3) the remaining funds shall be available for grants to applicants in
each State in an amount that bears the same ratio to the amount of
remaining funds as the population of the state bears to the States that
result from a distribution among the States on the basis of each
State's population in relation to the population of all States (not
including populations of Indian tribes)
"(c) QUALIFICATION.--Upon satisfying the terms of subsection (d), any
State shall be qualified for funds provided under this pa upon
certification that--
"(1) the funds shall be used for any of the purposes described in
section 2001(b);
"(2) grantees and subgrantees shall develop a plan for implementation
and shall consult and coordinate with nonprofit nongovernmental victim
services programs, including sexual as assault and domestic violence
victim services programs;
"(3) at least 26 percent of the amount granted shall be allocated,
without duplication, to each of the following 3 areas prosecution, law
enforcement, and victim services, and
"(4) any Federal funds received under this part shall be used to
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supplement, not supplant, non-Federal funds that would otherwise be
available for activities funded under this subtitle.
(d) APPLICATION REQuIREMENTs.--The application requirements provided in
section 513 shall apply to grants made under this part. In addition,
each application shall include the certifications of qualification
required by subsection (c), including documentation from nonprofit,
nongovernmental victim services programs, describing their
participation in developing the plan required by subsection (c)(2). An
application shall include--
"(1) documentation from the prosecution, law enforcement, and victim
services programs to be assisted, demonstrating--
"(A) need for the grant funds-
"(B) intended use of the grant funds;
"(C) expected results from the use of grant funds; and (D) demographic
characteristics of the populations to be served, including age, marital
status, disability, race,
ethnicity and language background;
"(2) proof of compliance with the requirements for the payment of
forensic medical exams provided in section 2005- and
"(3) proof of compliance with the requirements for paying filing and
service fees for domestic violence cases provided in section 2006.
"(e) DISBURSEMENT.--
"(1) IN GENERAL.--Not later than 60 days after the receipt of an
application under this part, the Attorney General shall--
"(A) disburse the appropriate sums provided for under
this part; or

                                             147

"(B) inform the applicant why the application does not conform to the
terms of section 513 or to the requirements of this section.
"(2) REGULATIONS.--In disbursing monies under this part, the Attorney
General shall issue regulations to ensure that States will--
"(A) give priority to areas of varying geographic size with the
greatest showing of need based on the availability of existing domestic
violence and sexual assault programs in the population and geographic
area to be served in relation to the availability of such programs in
other such populations and geographic areas;
"(B) determine the amount of subgrants based on the population and
geographic area to be served;
"(C) equitably distribute monies on a geographic basis including
nonurban and rural areas of various geographic sizes; and
"(D) recognize and address the needs of underserved populations.
"(f) FEDERAL SHARE.--The Federal share of a grant made under t is
subtitle may not exceed 75 percent of the total costs of the projects
described in the application submitted.
"(g) INDIAN TRIBES.--Funds appropriated by the Congress for the
activities of any agency of an Indian tribal government or of the
Bureau of Indian Affairs performing law enforcement functions on any
Indian lands may be used to provide the non-Federal share of the cost
of programs or projects funded under this part.
~h) GRANTEE REPORTING.--
(1) IN GENERAL.--Upon completion of the grant period under this part, a
State or Indian tribal grantee shall file a performance report with the
Attorney General explaining the activities carried out, which report
shall include an assessment of the effectiveness of those activities in
achieving the purposes of this part.
(2) CERTIFICATION BY GRANTEE AND SUBGRANTEES.--A section of the
performance report shall be completed by each grantee and subgrantee
that performed the direct services contemplated in t~e application,
certifying performance of direct services under the grant.
(3) SUSPENSION OF FUNDING.--The Attorney General shall suspend funding
for an approved application if--
"(A) an applicant fails to submit an annual performance report;
"(B) funds are expended for purposes other than those
described in this part; or
"(C) a report under paragraph (1) or accompanying assessments
demonstrate to the Attorney General that the pro-
gram is ineffective or financially unsound.

"SEC. 2003. DEFINITIONS. "In this part--
"(1) the term 'domestic violence' includes felony or misdemeanor crimes
of violence committed by a current or former spouse of the victim, by a
person with whom the victim shares a child in common, by a person who
is cohabitating with or has
                                  148

cohabitated with the victim as a spouse, by a person similarly situated
to a spouse of the victim under the domestic or family violence laws of
the jurisdiction receiving grant monies, or by any other adult person
against a victim who is protected from that persons acts under the
domestic or family violence laws of the Jurisdiction receiving grant
monies;
"(2) the term 'Indian country' has the meaning stated in section 1151
of title 18, United States Code
"(3) the term 'Indian tribe' means a tribe, band, pueblo, nahon, or
other organized group or community of Indians, including any Alaska
Native village or regional or village corporation (as defined in, or
established pursuant to, the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.)), that is recognized as eligible for the special
programs and services provided by the United States to Indians because
of their status as Indians;
"(4) the term 'law enforcement' means a public agency charged with
policing functions, including any of its component bureaus (such as
governmental victim services programs);
"(5) the term 'prosecution' means any public agency charged with direct
responsibility for prosecuting criminal offenders, including such
agency's component bureaus (such as governmental victim services
programs);
"(6) the term 'sexual assault' means any conduct proscribed by chapter
109A of title 18, United States Code, whether or not the conduct occurs
in the special maritime and territorial jurisdiction of the United
States or in a Federal prison and includes both assaults committed by
offenders who are strangers to the victim and assaults committed by
offenders who are known or related by blood or marriage to the victim;
"(7) the term 'underserved populations' includes populations
underserved because of geographic location (such as rural isolation),
underserved racial or ethnic populations, and populations underserved
because of special needs, such as language barriers or physical
disabilities; and
(8) the term 'victim services' means a nonprofit, nongovernmental
organization that assists domestic violence or sexual assault victims,
including rape crisis centers, battered women's shelters, and other
sexual assault or domestic violence programs, including nonprofit,
nongovernmental organizations ass~sting domestic violence or sexual
assault victims through the legal process.
"SEC. 2004. GENERAL Terms AND CONDITIONS.
(a) NONMONETARY ASSISTANCE.--In addition to the assistance provided
under this part, the Attorney General may request any Federal agency to
use its authorities and the resources granted to the under Federal law
(including personnel, equipment, supplies, facilities, and managerial,
technical, and advisory services) in support of State, tribal, and
local assistance efforts
"(b) REPORTING.--Not later than 180 days after the end of each fiscal
year for which grants are made under this part, the Attorney General
shall submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the


                                             149

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

"(1) the number of grants made and funds distributed under this part
.     "(2) a summary of the purposes for which those grants were
provided and an evaluation of their progress;
"(3) a statistical summary of persons served, detailing the nature of
victimization, and providing data on age, sex, relationship of victim
to offender, geographic distribution, race, ethnicity, language, and
disability; and
"(4) an evaluation of the effectiveness of programs funded under this
part.
"(c) REGULATIONS OR GUIDELINES.--Not later than 120 days after the date
of enactment of this part, the Attorney General shall publish proposed
regulations or guidelines implementing this part. Not later than 180
days after the date of enactment, the Attorney General shall publish
final regulations or guidelines implementing this part.
c. 2005. RAPE EXAM PAYMENTS.
"(a) RESTRICTION OF FUNDS.--
"(1) IN. GENERAL.--A State, Indian tribal government, or unit of local
government, shall not be entitled to funds under this part unless the
State, Indian tribal government, unit of local government, or another
governmental entity incurs the full out-of-pocket cost of forensic
medical exams described in subsection (b) for victims of sexual
assault.
(2) REDISTRIBUTION.--Funds withheld from a State or unit of local
government under paragraph (1) shall be distributed to other States or
units of local government pro rata. Funds withheld from an Indian
tribal government under paragraph (1) shall be distributed to other
Indian tribal governments pro rata.
"(b) MEDICAL COSTS.--A State, Indian tribal government, or unit of
local government shall be deemed to incur the full out of pocket cost
of forensic medical exams for victims of sexual assault if any
government entity--
"(1) provides such exams to victims free of charge to the VICtim;

pocket cost of forensic medical exams for victims of sexual assault

"(2) arranges for victims to obtain such exams free of charge to the
victims; or
"(3) reimburses victims for the cost of such exams if--
"(A) the reimbursement covers the full cost of such exams, without any
deductible requirement or limit on the amount of a reimbursement;
"(B) the reimbursing governmental entity permits ViCtims to apply for
reimbursement for not less than one year from the date of the exam;
"(C) the reimbursing governmental entity provides reimbursement not
later than 90 days after written notification of the victim's expense;
and
"(D) the State, Indian tribal government, unit of local government, or
reimbursing governmental entity provides information at the time of the
exam to all victims, includ-
                                  150

ing victims with limited or no English proficiency, regarding how to
obtain reimbursement.
"SEC 2006. FILING COSTS FOR CRIMINAL CHARGES.
"(a) IN GENERAL.--A State, Indian tribal government, or unit of local
government, shall not be entitled to funds under this part unless the
State, Indian tribal government, or unit of local govern

"(1) certifies that its laws, policies, and practices do not require,
in connection with the prosecution of any misdemeanor or felony
domestic violence offense, that the abused bear the costs associated
with the filing of criminal charges against the domestic violence
offender, or the costs associated with the issuance or service of a
warrant, protection order, or witness subpoena; or "!2) gives the
Attorney General assurances that its laws,
policies and practices will be in compliance with the require-
ments of paragraph (V within the later of--
"(A) the period ending on the date on which the next session of the
State legislature ends; or
"(B) 2 years.
"(b) REDISTRIBUTION.--Funds withheld from a State, unit of local
government, or Indian tribal government under subsection (a) shall be
distributed to other States, units of local government, and Indian
tribal government, respectively, pro rata.".
(b) TECHNICAL AMENDMENT.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C 3711 et
seq.), as amended by section 32101(b) is amended by striking the matter
relating to part T and inserting the following:

"PART T--GRANTS To COMBAT VIOLENT CRIMES AGAINST WOMEN Sec. 2001.
Purpose of the program and grants.
ySec. 2002. State grants. Sec. 2003. General definitions. Sec. 2004.
General terms and conditions. Sec. 2005. Rape exam payments.
ySec. 2006. Filing costs for criminal charges.

"PART U--TRANSITION--EFFECTIVE DATE--REPEALER "Sec. 2101. Continuation
of rules, authorities, and proceedings.
(c) AUTHORIZATION OF APPROPRIATIONS.--Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 32101(d), is amended--
(I) in paragraph (3) by striking "and S" and inserting "S,

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

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


151

SEC. 40131. GRANTS FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN PUBLIC
TRANSPORTATION.
(a) GENERAL PURPOSE.--There is authorized to be appropriated out of the
general fund of the Treasury not to exceed $10,000,000, for the
Secretary of Transportation (referred to in this section as the
'~secretary~) to make capital grants for the prevention of crime and to
increase security in existing and future public transportation systems.
None of the provisions of this Act may be construed to prohibit the
financing of projects under this section where law enforcement
responsibilities are vested in a local public body other than the ~rant
applicant.
(b) GRANTS FOR LIGHTING, CAMERA SURVEILLANCE, AND SECURITY PHONES.--
(1) From the sums authorized for expenditure under this
section for crime prevention, the Secretary is authorized to make
grants and loans to States and local public bodies or agencies
for the purpose of increasing the safety of public transportation

by-

(A) increasing lighting within or adjacent to public transportation
systems, including bus stops, subway stations, parking lots, or
garages;
(B) increasing camera surveillance of areas within and adjacent to
public transportation systems, including bus stops, subway stations,
parking lots, or garages;
(C) providing emergency phone lines to contact law enforcement or
security personnel in areas within or adjacent to public transportation
systems, including bus stops, subway stations, parking lots, or
garages; or
(D) any other project intended to increase the security and safety of
existing or planned public transportation systems.
(2) From the sums authorized under this section, at least 75 percent
shall be expended on projects of the types described in subsection
(b)(1) (A) and (B).
"(c) REPORTING.--All grants under this section are contingent upon the
filing of a report with the Secretary and the Department of Justice,
Office of Victims of Crime, showing crime rates in or adjacent to
public transportation before, and for a 1-year period after, the
capital improvement. Statistics shall be compiled on the basis of the
type of crime, sex, race, ethnicity, language, and relationship of
victim to the offender.
(d) INCREASED FEDERAL SHARE.--Notwithstanding any other provision of
law, the Federal share under this section for each capital improvement
project that enhances the safety and security of public transportation
systems and that is not required by law (including any other provision
of this Act) shall be 90 percent of the net project cost of the
project.
(e) SPECIAL GRANTS FOR PROJECTS TO STUDY INCREASING SECURITY FOR
WOMEN.--From the sums authorized under this section, the Secretary
shall provide grants and loans for the purpose of studying ways to
reduce violent crimes against women in public transit through better
design or operation of public transit systems.
(f) GENERAL REQUIREMENTS.--All grants or loans provided under this
section shall be subject to the same terms, conditions, re-
                                  152

quirements, and provisions applicable to grants and loans as specified
in section 5321 of title 49, United States Code.

SEC. 40132. GRANTS FOR CAPITAL IMPROvEMENTs TO PREVENT CRIME IN
NATIONAL PARKS.
Public Law 91-383 (16 U.S.C. la-1 et seq.) is amended by adding at the
end the following new section:

"SEC 13. NATIONAL PARK SYSTEM CRIME PREVENTION ASSISTANCE
(a) AVAILABILITY OF FUNDS.--From sums appropriated out of the general
fund of the Treasury, not to exceed $10,000,000, the Secretary of the
Interior shall take all necessary actions to seek to reduce the
incidence of violent crime in the National Park System
"(b) RECOMMENDATIONS FOR IMPROVEMENT.--The Secretary shall direct the
chief official responsible for law enforcement within the National Park
Service to--
"(1) compile a list of areas within the National Park System with the
highest rates of violent crime
"(2) make recommendations concerning capital improvements, and other
measures, needed within the National Park System to reduce the rates of
violent crime, including the rate of sexual assault; and
"(3) publish the information required by paragraphs (1) and (2) in the
Federal Register.
(c) DISTRIBUTION OF FUNDS.--Based on the recommendations and last
issued pursuant to subsection (b), the Secretary shall distribute the
funds authorized by subsection (a) throughout the National Park System.
Priority shall be given to those areas with the highest rates of sexual
assault.
"(d) USE OF FUNDS.--Funds provided under this section may be used--
"(1) to increase lighting within or adjacent to National Park System
units;
"(2) to provide emergency phone lines to contact law enforcement or
security personnel in areas within or adjacent to National Park System
units;
"(3) to increase security or law enforcement personnel within or
adjacent to National Park System units; or
(4) for any other project intended to increase the security and safety
of National Park System units.".

SEC 40133. GRANTs FOR CAPITAL IMPROVEMENTS TO PREVENT CRIME IN Public
PARKS.
Section 6 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 4601~) is amended by adding at the end the following new
subsection:
(h) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE
(1) AVAILABILITY OF FUNDS.--In addition to assistance for planning
projects, and in addition to the projects identified in subsection (e),
and from amounts appropriated out of the general fund of the Treasury,
the Secretary may provide financial assistance to the States, not to
exceed $15,000,000, for projects or combinations thereof for the
purpose of making capital improvements and other measures to increase
safety in urban parks and recreation areas, including funds to--

                                             153

"(A) increase lighting within or adjacent to public parks and
recreation areas;
"(B) provide emergency phone lines to contact law enforcement or
security personnel in areas within or adjacent to public parks and
recreation areas;
"(C) increase security personnel within or adjacent to public parks and
recreation areas; and
"(D) fund any other project intended to increase the security and
safety of public parks and recreation areas.
"(2) ELIGIBILITY.--In addition to the requirements for project approval
imposed by this section, eligibility for assistance under this
subsection shall be dependent upon a showing of need. In providing
funds under this subsection, the Secretary shall give priority to
projects proposed for urban parks and recreation areas with the highest
rates of crime and, in particular, to urban parks and recreation areas
with the highest rates of sexual assault.
"(3) FEDERAL SHARE.--Notwithstanding subsection (c), the Secretary may
provide 70 percent improvement grants for projects undertaken by any
State for the purposes described in this subsection, and the remaining
share of the cost shall be borne by the State.".

CHAPTER 4-- NEW EVIDENTIARY RULES

SEC. 40141. Sexual HISTORY IN CRIMINAL AND CIVIL CASES.
(a) MODIFICATION OF PROPOSED AMENDMENT.--The proposed amendments to the
Federal Rules of Evidence that are embraced by an order entered by the
Supreme Court of the United States on April 29 1994, shall take effect
on December 1, 1994, as otherwise provided by law, but with the
amendment made by subsection (b). (b) RULE.--Rule 412 of the Federal
Rules of Evidence is amended to read as follows:
(b) Rule 412. sex Offense cases; Relevance of Alleged victim's Past
Sexual behavior or Alleged Sexual Predisposition
(a) EVIDENCE GENERALLY INADMISSIBLE.--The following evidence is not
admissible in any civil or criminal proceeding involving alleged sexual
misconduct except as provided in subdivisions (b) and (c):
"(1) Evidence offered to prove that any alleged victim engaged in other
sexual behavior.
"(2) Evidence offered to prove any alleged victims sexual
predisposition.
(b) EXCEPTIONS.--
"(1) In a criminal case, the following evidence is admissible, if
otherwise admissible under these rules:
"(A) evidence of specific instances of sexual behavior by
the alleged victim offered to prove that a person other than the
accused was the source of semen, injury or other physical evidence;
"(B) evidence of specific instances of sexual behavior by
the alleged victim with respect to the person accused of the
sexual misconduct offered by the accused to prove consent
or by the prosecution; and
                                  154

"(C) evidence the exclusion of which would violate the
constitutional rights of the defendant.
"(2) In a civil case, evidence offered to prove the sexual behavior or
sexual predisposition of any alleged victim is admissible if it is
otherwise admissible under these rules and its probative value
substantially outweighs the danger of harm to any victim and of unfair
prejudice to any party. Evidence of an alleged victim's reputation is
admissible only if it has been place~l in controversy by the alleged
victim.
(c) PROCEDURE To DETERMINE ADMISSIBILITY.--
"(1) A party intending to offer evidence under subdivision (b) must--
"(A) file a written motion at least 14 days before trial
specifically describing the evidence and stating the purpose
for which it is offered unless the court, for good cause re-
quires a different time for filing or permits filing during
trial; and
"(B) serve the motion on all parties and notify the alleged victim or,
when appropriate, the alleged victim's guardian or representative.
"(2) Before admitting evidence under this rule the court must conduct a
hearing in camera and afford the victim and parties a right to attend
and be heard. The motion, related papers, and the record of the hearing
must be sealed and remain under seal unless the court orders
otherwise."
(c) TECHNICAL AMENDMENT.--The table of contents for the Federal Rules
of Evidence is amended by amending the item relating to rule 412 to
read as follows:

~412. Sex Offense Cases; Relevance of Alleged Victim~s Past Sexual
behavior or Alleged Sexual Predisposition:
~(a) Evidence generally inadmissible.
"(b) Exceptions.
"(c) Procedure to determine admissibility.".

CHAPTER ~ASSISTANCE TO VICTIMS OF SEXUAL ASSAULT

SEC 40161. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ASSAULTS
AGAINST WOMEN
Part A of title X~X of the Public Health and Human Services Act (42
U.S.C. 300w et seq.) is amended by adding at the end the following new
section:

"SEC. 1910A. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.
"(a) PERMITTED USE.--Notwithstanding section 1904(a)(1), amounts
transferred by the State for use under this part may be used for rape
prevention and education programs conducted by rape crisis centers or
similar nongovernmental nonprofit entities for--
"(V educational seminars;
"(2) the operation of hotlines
"(3) training programs for professionals;
"(4) the preparation of informational materials; and
"(5) other efforts to increase awareness of the facts about, or to help
prevent, sexual assault, including efforts to increase

                                             155

awareness in underserved racial, ethnic, and language minority
communities.
"(b) TARGETING OF EDUCATION PROGRAMS.--States providing grant monies
must ensure that at least 25 percent of the monies are devoted to
education programs targeted for middle school, junior high school, and
high school students.
"(c) Authorization OF APPROPRIATIONS.--There are authorized to be
appropriated to carry out this section--
"(1) $35,000,000 for fiscal year 1996
"(2) $40,000,000 for fiscal year 1997;
"(3) $45,000,000 for fiscal year 1998;
"(4) $50,000,000 for fiscal year 1999; and
"(5) $50,000,000 for fiscal year 2000.
"(d) LIMITATION.--Funds authorized under this section may only be used
for providing rape prevention and education programs.
"(e) DEFINITIoN.--For purposes of this section, the term 'rape
prevention and education' includes education and prevention efforts
directed at offenses committed by offenders who are not known to the
victim as well as offenders who are known to the victim.
"(~9 TERMS.--The Secretary shall make allotments to each State on the
basis of the population of the State, and subject to the conditions
provided in this section and sections 1904 through 1909.".
SEC.40152. TRAINING PROGRAMS.
(a) IN GENERAL.--The Attorney General, after consultation with victim
advocates and individuals who have expertise in treating sex offenders,
shall establish criteria and develop training programs to assist
probation and parole officers and other personnel who work with
released sex offenders in the areas of--
(1) case management;
(2) supervision; and
(3) relapse prevention.
(b) TRAINING PROGRAMS.--The Attorney General shall ensure, to the
extent practicable, that training programs developed under subsection
(a) are available in geographically diverse locations throughout the
country.
(c) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated to carry out this section--
(1) $1,000,000 for fiscal year 1996; and
(2) $1,000,000 for fiscal year 1997.
SEC. 40153. CONFIDENTIALITY OF COMMUNICATIONS BETWEEN SEXUAL ASSAULT OR
DOMESTIC VIOLENCE VICTIMS AND THEIR COUNSELORS.
(a) STUDY AND DEVELOPMENT OF MODEL LEGISLATION.--The Attorney General
shall--
(1) study and evaluate the manner in which the States have taken
measures to protect the confidentiality of communications
between sexual assault or domestic violence victims and their
therapists or trained counselors;
(2) develop model legislation that will provide the maximum protection
possible for the confidentiality of such communications, within any
applicable constitutional limits, taking
into account the following factors:
(A) the danger that counseling programs for victims of
sexual assault and domestic violence will be unable to
                                  156

achieve their goal of helping victims recover from the trauma
associated with these crimes if there is no assurance that the records
of the counseling sessions will be kept confidential;
(B) consideration of the appropriateness of an absolute privilege for
communications between victims of sexual assault or domestic violence
and their therapists or trained counselors, in light of the likelihood
that such an absolute privilege will provide the maximum guarantee of
confidentiality but also in light of the possibility that such an abso-
lute privilege may be held to violate the rights of criminal defendants
under the Federal or State constitutions by denying them the
opportunity to obtain exculpatory evidence and present it at trial; and
(C) consideration of what limitations on the disclosure of confidential
communications between victims of these crimes and their counselors,
short of an absolute privilege, are most likely to ensure that the
counseling programs will not be undermined, and specifically whether no
such disclosure should be allowed unless, at a minimum, there has been
a particularized showing by a criminal defendant of a compelling need
for records of such communications, and adequate procedural safeguards
are in place to prevent unnecessary or damaging disclosures; and
(3) prepare and disseminate to State authorities the findings made and
model legislation developed as a result of the study and evaluation.
(b) REPORT AND RECOMMENDATIONS.--Not later than the date that is 1 year
after the date of enactment of this Act, the Attorney General shall
report to the Congress--
(1) the findings of the study and the model legislation required by
this section; and
(2) recommendations based on the findings on the need for and
appropriateness of further action by the Federal Government.
(c) REVIEW OF FEDERAL EVIDENTIARY RULES.--The Judicial Conference of
the United States shall evaluate and report to Congress its views on
whether the Federal Rules of Evidence should be amended, and if so, how
they should be amended, to guarantee that the confidentiality of
communications between sexual assault victims and their therapists or
trained counselors will be adequately protected in Federal court
proceedings.
SEC 40154. INFORMATION PROGRAMS.
The Attorney General shall compile information regarding sex offender
treatment programs and ensure that information regarding community
treatment programs in the community into which a convicted sex offender
is released is made available to each person serving a sentence of
imprisonment in a Federal penal or correctional institution for a
commission of an offense under chapter 109A of title 18, United States
Code, or for the commission of a similar offense, including halfway
houses and psychiatric institutions.








                                             157

c. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF
RUNAWAY, HOMELESS, AND STREET YOUTH.
Part A of the Runaway and Homeless Youth Act (42 U.S.C. 5711 et seq.)
is amended--
(1) by redesignating sections 316 and 317 as sections 317
and 318, respectively; and
(2) by inserting after section 315 the following new section:

"GRANTS FOR PREVENTION OF SEXUAL ABUSE AND EXPLOITATION

"SEC. 31fi (a) IN GENERAL.--The Secretary shall make grants under this
section to private, nonprofit agencies for street-based outreach and
education, including treatment, counseling, provision of information~
and referral for runaway, homeless, and street youth who have been
subjected to or are at risk of being subjected to sexual abuse.
"(b) PRIORITY.--In selecting among applicants for grants under
subsection (a), the Secretary shall give priority to agencies that have
experience in providing services to runaway, homeless, and street
youth.
"~C) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated to carry out this section--
"(1) $7,000,000 for fiscal year 1996;
"(2) $8,000,000 for fiscal year 1997; and
"(3) $15,000,000 for fiscal year 1998.
"(d) DEFINITIONS.--For the purposes of this section--
"(1) the term 'street-based outreach and education' includes
education and prevention efforts directed at offenses committed
by offenders who are not known to the victim as well as offend-
ers who are known to the victim; and
"(2) the term 'street youth' means a juvenile who spends a
significant amount of time on the street or in other areas of exposure
to encounters that may lead to sexual abuse.". SEC. 40156. VICTIMS OF
CHILD ABUSE PROGRAMS.
(a) COURT APPOINTED SPECIAL ADVOCATE PROGRAM.--
(1) REAUTHORIZATION.--Section 218(a) of the Victims of
Child Abuse Act of 1990 (42 U.s.c. 13014(a)) is amended to read as
follows:
"(a) AUTHORIZATION.--There are authorized to be appropriated to carry
out this subtitle--
"(1) $6,000,000 for fiscal year 1996;
"(2) $6,000,000 for fiscal year 1997;
"(3) $7,000,000 for fiscal year 1998;
"(4) $9,000,000 for fiscal year 1999; and
"(5) $10,000,000 for fiscal year 2000.".
(2) TECHNICAL AMENDMENT.--Section 216 of the Victims of Child Abuse Act
of 1990 (42 U.s.C. 13012) is amended by striking "this chapter" and
inserting "this subtitle".
~b) CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND
PRACTITIONERS--
(1) REAUTHORIZATION.--Section 224(a) of the Victims of Child Abuse Act
of 1990 (42 U.s.c. 13024(a)) is amended to read as follows:
                                  158

"(a) AUTHORIZATION.--There are authorized to be appropriate~ to carry
out this subtitle--
(V $750,000 for fiscal year 1996;
"(2) $1,000,000 for fiscal year 1997;
"(3) $2,000,000 for fiscal year 1998;
"(4) $2,000,000 for fiscal year 1999; and
"(5) $2,300,000 for fiscal year 2000.".
(2) TECHNICAL AMENDMENT.--Section 221(b) of the Victim~ of Child Abuse
Act of 1990 (42 U.S.C. 13021(b)) is amended b~ striking "this chapter"
and inserting "this subtitle".
(c) GRANTS FOR TELEVISED TESTIMONY.--Title I of the Omnibus crime
Control and Safe Streets Act of 1968 is amended--
(1) by amending section 1001(a)(7) (42 U.S.C. 3793(a)(7)) to read as
follows:
"(7) There are authorized to be appropriated to carry out part

"(A) $250,000 for fiscal year 1996-
"(B) ~/;1,000,000 for fiscal year 1997;
"(C) ~1,000,000 for fiscal year 1998;
"(D) $1,000,000 for fiscal year 1999; and
"(E) $1,000,000 for fiscal year 2000 u.
(2) in section 1402 (42 U.S.C. 3i96aa-1) by striking "to States, for
the use of States and units of local government in the States;
(3) in section 1403 (42 U.S.C. 3796aa-2)--
(A) by inserting "or unit of local government" after "of

(B) by inserting "and " after paragraph (l);
(C) in paragraph (2) by striking the semicolon at the
end and InsertIng a period; and (D) by striking paragraphs (3) and (4);
(4) in section 1404 (42 U.S.C. 3796aa-3)--
(A) in subsection (a)--
(i) by striking "The Bureau" and all that follows through "determining
that" and inserting "An applicant is eligible to receive a grant under
this part if--

(ii) in paragraph (1) by striking "there is in effect in such State"
and inserting "the applicant certifies and the Director determines that
there is in effect in

(iii) in paragraph (2) by striking "such State law shall meet and
inserting "the applicant certifies and the Director determines that
State law meets";
(iv) by inserting "and " after subparagraph (E);
(v) in paragraph (3)--
(V by inserting "the Director determines that"
before "the application"; and
(II) by striking "; and inserting a period;
(vi) by striking paragraph (4);
(vii) by striking "Each application" and inserting the following:
"(b) Each application;'; and


                                             159

(viii) by striking "the Bureau" each place it appears and inserting
"the Director"; and
(B) by redesignating subsection (b) as subsection (c) and by striking
"The Bureau" and inserting "The Director"; (5) by striking section 1406
(42 U.S.C. 3796aa-4);
(6) in section 1406 (42 U.S.C. 3796aa-5)--
(A) in subsection (a)--
(i) by striking "State which" and inserting "State or unit of local
government that";
(ii) by striking "title" and inserting "part"; and
(iii) in paragraph (1) by striking "State"; and
(B) in subsection (b)(l) by striking "such State" and inserting "the
State and units of local government in the State";
(7) in section 1407 (42 U.S.C. 3796aa-6)-- (A) in subsection (c)--
(i) by striking "Each State" and all that follows through "effective
audit" and inserting "Grant recipients (or private organizations with
which grant recipients have contracted to provide equipment or training
using grant funds) shall keep such records as the Director may require
by rule to facilitate such an audit."; and
(ii) in paragraph (2) by striking 'States which receive grants, and of
units of local government which receive any part of a grant made under
this part and inserting "grant recipients (or private organizations
with which grant recipients have contracted to provide equipment or
training using grant funds)"; and
(B) by adding at the end the following new subsection: ~d) UTILIZATION
OF PRIVATE SECTOR.--Nothing in this part shall prohibit the utilization
of any grant funds to contract with a private organization to provide
equipment or training for the televising of testimony as contemplated
by the application submitted by an

(8) by striking section 1408 (42 U.S.C. 3796aa-7); and (9) in the table
of contents--
(A) in the item relating to section 1405 by striking "Allocation and
distribution of funds under formula grants and inserting "(Repealed)";
and
(B) in the item relating to section 1408 by striking "State office" and
inserting "(Repealed)".

Subtitle B--Safe Homes for Women

SEC.40201. SHORT TITLE.

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

CHAPTER I--NATIONAL DOMESTIC VIOLENCE HOTLINE

SEC. 40211. GRANT FOR A NATIONAL DOMESTIC VIOLENCE HOTLINE
The Family Violence Prevention and Services Act (42 U.S C 10401 et
seq.) is amended by adding at the end the following new section:
"SEC. 316. NATIONAL DOMESTIC VIOLENCE HOTLINE GRANT.
"(a) IN GENERAL.--The Secretary may award a grant to a private,
nonprofit entity to provide for the operation of a national, toll free
telephone hotline to provide information and assistance to victims of
domestic violence.
"(b) DURATION.--A grant under this section may extend over period of
not more than 5 years.
"(c) ANNUAL APPROVAL.--The provision of payments under ~I grant under
this section shall be subject to annual approval by the Secretary and
subject to the availability of appropriations for each fiscal year to
make the payments.
"(d) ACTIVITIES.--Funds received by an entity under this section shall
be used to establish and operate a national, toll-free telephone
hotlIne to provide information and assistance to victims of domestic
violence. In establishing and operating the hotline, a private, non-
profit entity shall--
"(1) contract with a carrier for the use of a toll-free telephone line;
"(2) employ, train, and supervise personnel to answer in
comIng calls and provide counseling and referral services to
callers on a 24-hour-a-day basis-
"(3) assemble and maintain a current database of information relating
to services for victims of domestic violence to which
callers may be referred throughout the United States, including
information on the availability of shelters that serve battered
women; and
"(4) publicize the hotline to potential users throughout the
United States.
"(e) APPLICATION.--A grant may not be made under this section unless an
application for such grant has been approved by the Secretary To be
approved by the Secretary under this subsection an application shall--
"(1) contain such agreements, assurances, and information,
be in such form and be submitted in such manner as the Sec-
retary shall prescribe through notice in the Federal Register
(2) include a complete description of the applicant's plan
for the operation of a national domestic violence hotline, includ-
ing descriptions of--
"(A) the training program for hotline personnel;
"(B) the hiring criteria for hotline personnel;
"(C) the methods for the creation, maintenance and up
dating of a resource database
"(D) a plan for publicizing the availability of the hot
line,
"(E) a plan for providing service to non-English speak
ing callers, including hotline personnel who speak Spanish;
and


                                             161

"(F) a plan for facilitating access to the hotline by per
sons with hearing impairments;
"(3) demonstrate that the applicant has nationally recognized expertise
in the area of domestic violence and a record of high quality service
to victims of domestic violence, includIng a demonstration of support
from advocacy groups, such as domestic violence State coalitions or
recognized national domestic VZO

"(4) demonstrates that the applicant has a commitment to diversity, and
to the provision of services to ethnic, racial, and non-English
speaking minorities, in addition to older Individuals and individuals
with disabilities; and
"(~) contain such other information as the Secretary may require.
';(,f) AUTHORIZATION OF Appropriations.--
"(1) IN GENERAL.--There are authorized to be appropriated to carry out
this section--
"(A) $1,000,000 for fiscal year 1995; "(B) $400,000 for fiscal year
1996; "(C) $400,000 for fiscal year 1997; "(D) $400,000 for fiscal year
1998; "(E) $400,000 for fiscal year 1999; and "(F) $400,000 for fiscal
year 2000.
"(2) AVAILABILITY.--Funds authorized to be appropriated under paragraph
(1) shall remain available until expended. .

CHAPTER 2--INTERSTATE ENFORCEMENT

SEC. 40221. INTERSTATE ENFORCEMENT.
(a) IN GENERAL.--Part 1 of title 18, United States Code, is amended by
inserting after chapter 110 the following new chapter:

"CHAPTER 110A--DOMESTIC VIOLENCE

"Sec. 2261. Interstate domestic violence. "Sec 2262 Interstate
violation of protection order. "Sec 2263 Pretrial release of defendant.
"Sec. 2264. Restitution. "Sec 2265. Full faith and credit given to
protect~on orders. "Sec. 2266. Definitions.

"2261. Interstate dome~tic violence

(a) OFFENSES.--
"(1) CROSSING A STATE LINE.--A person who travels across u State line
or enters or leaves Indian country with the intent to injure, harass,
or intimidate that person's spouse or intimate partner, and who, in the
course of or as a result of such travel, intentionally commits a crime
of violence and thereby causes daily injury to such spouse or intimate
partner, shall be punished as provided in subsection (b).
(2) CAUSING THE CROSSING OF A STATE LINE.--A person u~ho causes a
spouse or intimate partner to cross a State l~ne or to enter or leave
Indian country by force, coercion, duress, or fraud and, in the course
or as a result of that conduct, intentionally commits a crime of
violence and thereby causes bodily
                                  162

injury to the person's spouse or intimate partner, shall be punished as
provided in subsection (b).
"(b) PENALTIES.--A person who violates this section shall be fined
under this title, imprisoned--
"(1) for life or any term of years, if death of the offender's spouse
or intimate partner results;
"(2) for not more than 20 years if permanent disfigurement or life
threatening bodily injury to the offender's spouse or intimate partner
results;
"(3) for not more than 10 years, if serious bodily injury to the
offender's spouse or intimate partner results or if the offender uses a
dangerous weapon during the offense
"(4) as provided for the applicable conduct under chapter 109A if the
offense would constitute an offense under chapter 109A (without regard
to whether the offense was committed in the special maritime and
territorial jurisdiction of the United States or in a Federal prison)-
and
"(5) for not more than 5 years, in any other case, or both fined and
imprisoned.

"~2262. Interstate violation of protection order

"(a) OFFENSES.--
'(1) CROSSING A STATE LINE.--A person who travels across a State line
or enters or leaves Indian country with the intent to engage in conduct
that--
"(A)(i) violates the portion of a protection order that in
values protection against credible threats of violence, repeated
harassment, or bodily injury to the person or per
sons for whom the protection order was issued; or
(ii) would violate subparagraph (A) if the conduct occurred in the
jurisdiction in which the order was issued;
and
"(B) subsequently engages in such conduct shall be punished as provided
in subsection (b)
(2) CAUSING T~E CROSSING OF A STATE LINE.--A person who causes a spouse
or intimate partner to cross a State line or to enter or leave Indian
country by force, coercion, duress, or fraud, and, in the course or as
a result of that conduct, intentionally commits an act that injures the
person's spouse or intimate partner in violation of a valid protection
order issued by a State shall be punished as provided in subsection
(b).
"(b) PENALTIES.--A person who violates this section shall be fined
under this title, imprisoned--
"(1) for life or any term of years, if death of the offender's spouse
or intimate partner results;
"(2) for not more than 20 years if permanent disfigurement or life
threatening bodily injury to the offender's spouse or intimate partner
results;
"(3) for not more than 10 years, if serious bodily injury to the
offender's spouse or intimate partner results or if the offender uses a
dangerous weapon during the offense
"(4) as provided for the applicable conduct under chapter 109A if the
offense would constitute an offense under chapter 109A (without regard
to whether the offense was committed in

                                             163

the special maritime and territorial jurisdiction of the United States
or in a Federal prison); and
"(5) for not more than 5 years, in any other case,

or both fined and imprisoned.

"2263. Pretrial release of defendant

"In any proceeding pursuant to section 3142 for the purpose of
determining whether a defendant charged under this chapter shall be
released pending trial, or for the purpose of determining conditions of
such release, the alleged victim shall be given an opportunity to be
heard regarding the danger posed by the defendant.

"2264. Restitution

"(a) IN GENERAL.--Notwithstanding section 3663, and in addition to any
other civil or criminal penalty authorized by law, the court shall
order restitution for any offense under this chapter.
"(b) SCOPE AND NATURE OF ORDER.--
"(1) DIREcTIoNs.--The order of restitution under this section shall
direct that--
"(A) the defendant pay to the victim (through the appropriate court
mechanism) the full amount of the victims
losses as determined by the court, pursuant to paragraph
(3), and
"(B) the United States Attorney enforce the restitution
order by all available and reasonable means.
"(2) ENFORCEMENT BY VICTIM.--An order of restitution also may be
enforced by a victim named in the order to receive the restitution in
the same manner as a judgment in a civil action.
"(3) DEFINITIoN.--For purposes of this subsection, the term 'full
amount of the victim's losses' includes any costs incurred by the
victim for--
"(A) medical services relating to physical, psychiatric,
or psychological care;
"(B) physical and occupational therapy or rehabilitation
"(C) necessary transportation, temporary housing, and
child care expenses;
"(D) lost income;
"(E) attorneys' fees, plus any costs incurred in obtaining a civil
protection order; and
"(F) any other losses suffered by the victim as a proximate result of
the offense.
(4) ORDER MANDATORY.IA) The issuance of a restitution order under this
section is mandatory.
"(B) A court may not decline to issue an order under this section
because of--
"(i) the economic circumstances of the defendant; or
"(ii) the fact that a victim has, or is entitled to, receive
compensation for his or her injuries from the proceeds of in
surance or any other source.
"(C)(i) Notwithstanding subparagraph (A), the court maytake into
account the economic circumstances of the defendant in determining the
manner in which and the schedule accordin~ to which the restitution is
to be paid.
                                  164

"(ii) For purposes of this subparagraph, the term 'economic
circumstances' includes--
"(l) the financial resources and other assets of the defendant;
"(II) projected earnings, earning capacity, and other income of the
defendant; and
"(III) any financial obligations of the defendant, including
obligations to dependents
"(D) Subparagraph (A) does not apply if--
"(i) the court finds on the record that the economic circumstances of
the defendant do not allow for the payment of any amount of a
restitution order, and do not allow for the payment of any or some
portion of the amount of a restitution order in the foreseeable future
(under any reasonable schedule of payments), and
"(ii) the court enters in its order the amount of the victim s losses,
and provides a nominal restitution award.
(5) MORE THAN 1 OFFENDER.--When the court finds that more than 1
offender has contributed to the loss of a victim, the court may make
each offender liable for payment of the full amount of restitution or
may apportion liability among the offenders to reflect the level of
contribution and economic circumstances of each offender.
'(6) MORE THAN 1 VICTIM.--When the court finds that more than 1 victim
has sustained a loss requiring restitution by an offender, the court
shall order full restitution of each victim but may provide for
different payment schedules to reflect the economic circumstances of
each victim
(7) PAYMENT SCHEDULE.--An order under this section may direct the
defendant to make a single lump-sum payment or partial payments at
specified intervals.
(8) SETOFF.--Any amount paid to a victim under this section shall be
set off against any amount later recovered as compensatory damages by
the victim from the defendant in--
"(A) any Federal civil proceeding; and
"(B) any State civil proceeding, to the extent provided by the law of
the State
(9) Effect ON OTHER SOURCES OF COMPENSATION.--The issuance of a
restitution order shall not affect the entitlement of a victim to
receive compensation with respect to a loss from insurance or any other
source until the payments actually received by the victim under the
restitution order fully compensate the victim for the loss
(10) CONDITION OF PROBATION OR SUPERVISED RELEASE.-- Compliance with a
restitution order issued under this section shall be a condition of any
probation or supervised release of a defendant. If an offender fails to
comply with a restitution order, the court may, after a hearing, revoke
probation or a term of supervised release, modify the terms or
conditions of probation or a term of supervised release, or hold the
defendant in contempt pursuant to section 3583(e). In determining
whether to revoke probation or a term of supervised release, modify the
terms or conditions of probation or supervised release or hold a
defendant serving a term of supervised release in con



165

tempt, the court shall consider the defendant's employment status,
earning ability and financial resources, the willfulness of the
defendant's failure to comply, and any other circumstances that may
have a bearing on the defendant's ability to comply. "(c) Affidavit.--
Within 60 days after conviction and, in any event not later than 10
days before sentencing, the United States Attorney (or such Attorney's
delegate), after consulting with the victim, shall prepare and file an
affidavit with the court listing the amounts subject to restitution
under this section. The affidavit shall be signed by the United States
Attorney (or ~he delegate) and the victim. Should the victim object to
any of the information included in the affidavit, the United States
Attorney (or the delegate) shall advise the victim that the victim may
file a separate affidavit and assist the victim in the preparation of
the affidavit.
"~d) Objection.--If, after the defendant has been notified of the
affidavit, no objection is raised by the defendant, the amounts at-
tested to in the affidavit filed pursuant to subsection (a) shall be
entered in the court's restitution order. If objection is raised, the
court may require the victim or the United States Attorney (or the
United States Attorney's delegate) to submit further affidavits or
other supporting documents, demonstrating the victim's losses.
' ~e) ADDITIONAL DOCUMENTATION AND TESTIMONY.--If the court concludes,
after reviewing the supporting documentation and considering the
defendant's objections, that there is a substantial reason for doubting
the authenticity or veracity of the records submitted, the court may
require additional documentation or hear testimony on those questions.
The privacy of any records filed, or testimony heard, pursuant to this
section, shall be maintained to the greatest extent possible, and such
records may be filed or testimony heard in camera.
'(f) FINAL DETERMINATION OF LOSSES.--If the victim's losses are not
ascertainable 10 days before sentencing as provided in subsection (c),
the United States Attorney (or the United States Attorney's delegate)
shall so inform the court, and the court shall set a date for the final
determination of the victim's losses, not to exceed 90 days after
sentencing. If the victim subsequently discovers further losses, the
victim shall have 90 days after discovery of those losses in which to
petition the court for an amended restitution
~ order. Such order may be granted only upon a showing of good
I cause for the failure to include such losses in the initial claim for
restitutionary relief.
(g) RESTITUTION IN ADDITION TO PUNISHMENT.--An award of restitution to
the victim of an offense under this chapter is not a substitute for
imposition of punishment under this chapter.

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

(a) FULL FAITH AND CREDIT.--Any protection order issued that is
consistent with subsection (b) of this section by the court of one
State or Indian tribe (the issuing State or Indian tribe) shall be ac-
corded full faith and credit by the court of another State or Indian
tribe (the enforcing State or Indian tribe) and enforced as if it were
the order of the enforcing State or tribe.
(b) PROTECTION ORDER.--A protection order issued by a State or tribal
court is consistent with this subsection if--
                                  166

"(1) such court has jurisdiction over the parties and matter under the
law of such State or Indian tribe; and
(2) reasonable notice and opportunity to be heard is given to the
person against whom the order is sought sufficient to protect that
person's right to due process. In the case of ex parte orders, notice
and opportunity to be heard must be provided within the time required
by State or tribal law, and in any event within a reasonable time after
the order is issued, sufficient to protect the respondent's due process
rights.
(C) CROSS OR COUNTER PETITION.--A protection order issued by a State or
tribal court against one who has petitioned, filed a complaint, or
otherwise filed a written pleading for protection against abuse by a
spouse or intimate partner is not entitled to full faith and credit if-
-
"(1) no cross or counter petition, complaint, or other written pleading
was filed seeking such a protection order; or
"(2) a cross or counter petition has been filed and the court did not
make specific findings that each party was entitled to such an order.

"2266. Definitions

"In this chapter--
"'bodily injury' means any act, except one done in self-defense, that
results in physical injury or sexual abuse.
"'Indian country' has the meaning stated in section 1151.
protection order' includes any injunction or other order issued for the
purpose of preventing violent or threatening acts or harassment
against, or contact or communication with or physical proximity to,
another person, including temporary and final orders issued by civil
and criminal courts (other than support or child custody orders)
whether obtained by filing an independent action or as a pendente lite
order in another proceeding so long as any civil order was issued in
response to a complaint, petition or motion filed by or on behalf of a
person seeking protection.
"'spouse or intimate partner' includes--
"(A) a spouse, a former spouse, a person who shares a
child in common with the abuser, and a person who cohabits or has
cohabited with the abuser as a spouse; and
"(B) any other person similarly situated to a spouse
who is protected by the domestic or family violence laws of
the State in which the injury occurred or where the victim
resides.
"'State' includes a State of the United States, the District of
Columbia, a commonwealth, territory, or possession of the United
States.
"'travel across State lines' does not include travel across State lines
by an individual who is a member of an Indian tribe when such
individual remains at all times in the territory of the Indian tribe of
which the individual is a member.".
(b) TECHNICAL AMENDMENT.--The part analysis for part I of title 18,
United States Code, is amended by inserting after the item for chapter
110 the following new item:

                                             167

CHAPTER 3--ARREST POLICIES IN DOMESTIC VIOLENCE CASES

SEC. 40231. ENCOURAGING ARREST POLICIES.
(a) IN GENERAL.--Title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 40121(a),
is amended--
(1) by redesignating part U as part V;
(2) by redesignating section 2101 as section 2201; and
(3) by inserting after part T the following new part:

"PART U--GRANTS TO ENCOURAGE ARREST
POLICIES

"SEC. 2101. G~ANTS.
'(a) PURPOSE.--The purpose of this part is to encourage States, Indian
tribal governments, and units of local government to treat domestic
violence as a serious violation of criminal law.
"(b) GRANT AUTHORITY.--The Attorney General may make grants to eligible
States, Indian tribal governments, or units of local government for the
following purposes:
"(1) To implement mandatory arrest or proarrest programs and policies
in police departments, including mandatory arrest programs and policies
for protection order violations.
"(2) To develop policies and training in police departments to improve
tracking of cases involving domestic violence.
"(3) To centralize and coordinate police enforcement, prosecution, or
judicial responsibility for domestic violence cases in groups or units
of police officers, prosecutors, or Judges.
"(4) To coordinate computer tracking systems to ensure communication
between police, prosecutors, and both criminal and family courts.
"(5) To strengthen legal advocacy service programs for victims of
domestic violence.
"(6) To educate judges in criminal and other courts about domestic
violence and to improve judicial handling of such

"ELIGIBILITY.--Eligible grantees are States, Indian tribal governments,
or units of local government that--
"(I) certify that their laws or official policies--
"(A) encourage or mandate arrests of domestic violence
offenders based on probable cause that an offense has been
committed; and
"(B) encourage or mandate arrest of domestic violence
offenders who violate the terms of a valid and outstanding
protection order;
"(2) demonstrate that their laws, policies, or practices and their
training programs discourage dual arrests of offender and victim;
"(3) certify that their laws, policies, or practices prohibit issuance
of mutual restraining orders of protection except in cases where both
spouses file a claim and the court makes detailed findings of fact
indicating that both spouses acted primarily as
168

aggressors and that neither spouse acted primarily in self, defense-
and
"(4) certify that their laws, policies, or practices do not. quire, in
connection with the prosecution of any misdemeanor felony domestic
violence offense, that the abused bear t costs associated with the
filing of criminal charges or the se; ice of such charges on an abuser,
or that the abused bears the costs associated with the issuance or
service of a warrant, protection order, or witness subpoena.
"SEC. 2102. APPLICATIONS.
"(a) APPLICATION.--An eligible grantee shall submit an application to
the Attorney General that--
"(V contains a certification by the chief executive officer the State,
Indian tribal government, or local government entity that the
conditions of section 2101(c) are met or will be met within the later
of--
"(A) the period ending on the date on which the
session of the State or Indian tribal legislature ends- or
"(B) 2 years of the date of enactment of this part
"(2) describes plans to further the purposes stated in section 2101a

"(3) identifies the agency or office or groups of agencies offices
responsible for carrying out the program; and
"(4) includes documentation from nonprofit, private sexual assault and
domestic violence programs demonstrating their participation in
developing the application, and identifying such programs in which such
groups will be consulted for development and implementation.
"(b) PRIORITY.--In awarding grants under this part, the Attorney
General shall give priority to applicants that--
"(1) do not currently provide for centralized handling of cases
involving domestic violence by police, prosecutors, and courts; and
"(2) demonstrate a commitment to strong enforcement of laws, and
prosecution of cases, involving domestic violence.

"SEC. 2103. REPORTS.
"Each grantee receiving funds under this part shall submit a report to
the Attorney General evaluating the effectiveness of projects developed
with funds provided under this part and containing such additional
information as the Attorney General may prescribe.
"SEC. 2104. REGULATIONS OR GUIDELINES.
"Not later than 120 days after the date of enactment of this part, the
Attorney General shall publish proposed regulations or guidelines
implementing this part. Not later than 180 days after the date of
enactment of this part, the Attorney General shall publish final
regulations or guidelines implementing this part.
"SEC. 2105. DEFINITIONS.
"For purposes of this part--
"(1) the term 'domestic violence' includes felony or misdemeanor crimes
of violence committed by a current or former spouse of the victim, by a
person with whom the victim shares a child in common, by a person who
is cohabitating with or has



                                             169

cohabitated with the victim as a spouse, by a person similarly situated
to a spouse of the victim under the domestic or family violence laws of
the jurisdiction receiving grant monies, or by any other adult person
against a victim who is protected from that person's acts under the
domestic or family violence laws of the eligible State, Indian tribal
government, or unit of local government that receives a grant under
this part; and
"(2) the term 'protection order' includes any injunction issued for the
purpose of preventing violent or threatening acts of domestic violence,
including temporary and final orders issued by civil or criminal courts
(other than support or child custody orders or provisions) whether
obtained by filing an independent action or as a pendente lite order in
another proceeding.
(b) Technical AMENDMENT.--The table of contents of title I of Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
11 et seq.), as amended by section 40121(b), is amended by striking the
matter relating to part U and inserting the following:
"PART U--GRANTS TO ENCOURAGE ARREST POLICIES
Sec. 2101. Grants.
Sec. 2102. Applications.
Sec. 2103. Reports.
Sec. 2104. Regulations or guidelines.
Sec. 2105. Definitions.
"PART V--TRANSITION--EFFECTIVE DATE--REPEALER
"Sec. 2201. Continuation of rules, authorities, and proceedings.~.
(c) AUTHORIZATION OF APPROPRIATIONS.--Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 40121(c), is amended--
(1) in paragraph (3) by striking "and r~ and inserting 'T,
and U"; and
~2) by adding at the end the following new paragraph:
' '1.9~ There are authorized to be appropriated to carry out part U--
"(A) $28,000,000 for fiscal year 1996;
"(B) $33,000,000 for fiscal year 1997; and
"(C) $59,000,000 for fiscal year 1998.
~d) ADMINISTRATIVE PROVISIONS.--
(1) REGuLATIoNs.--Section 801(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)),
is amended by striking "and O" and inserting "O, and U .
(2) DENIAL OF Application.--Section 802(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3783 (b)) is amended in the first sentence by striking or
O" and inserting "O, or U".

CHAPTER 4--SHELTER GRANTS

SEC. 40241. GRANTS FOR BATTERED WOMEN'S SHELTERS.
Section 310(a) of the Family Violence Prevention and Services Act (42
U.S.C. 10409(a)) is amended to read as follows:
(a) IN GENERAL.--There are authorized to be appropriated to carry out
this title--
"(1) $50,000,000 for fiscal year 1996;
"(2) $60,000,000 for fiscal year 1997;
                                  170

"(3) $70,000,000 for fiscal year 1998
"(4) $72,500,000 for fiscal year 1999, and
"(5) $72,500,000 for fiscal year 2000.".

CHAPTER 5-YOUTH EDUCATION
SEC 40251. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
The Family Violence Prevention and Services Act (42 U.S C 10401 et
seq.), as amended by section 40211, is amended by adding at the end the
following new section:

Sec. 317. YOUTH EDUCATION AND DOMESTIC VIOLENCE.
"(a) GENERAL PURPOSE.--For purposes of this section, the Secretary may,
in consultation with the Secretary of Education, select implement and
evaluate 4 model programs for education of young people about domestic
violence and violence among intimate part

'(b) NATURE OF PROGRAM.--The Secretary shall select, implement and
evaluate separate model programs for 4 different audiences: pr~mary
schools, middle schools, secondary schools, and institutions of higher
education. The model programs shall be selected, implemented, and
evaluated in consultation with educational experts, legal and
psychological experts on battering, and victim advocate organizations
such as battered women's shelters, State coalitions and resource
centers.
(c) REVIEW AND DISSEMINATION.--Not later than 2 years after the date of
enactment of this section, the Secretary shall transmit the design and
evaluation of the model programs, along with a plan and cost est~mate
for nationwide distribution, to the relevant committees of Congress for
review.
(d) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated to carry out this section--
"$400,000 for fiscal year 1996.

CHAPTER 6--COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE

SEC. 40261. ESTABLISHMENT OF COMMUNITY PROGRAMS ON DOMESTIC VIOLENCE
The Family Violence Prevention and Services Act (42 U.S.C 10401 et
seq.), as amended by section 40251, is amended by adding at the end the
following new section:
"SEC. 318. DEMONSTRATION GRANTS FOR Community INITIATIVES
(a) IN GENERAL.--The Secretary shall provide grants to nonprofit
private organizations to establish projects in local communities
involving many sectors of each community to coordinate intervention and
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prevention of domestic violence.
"(b) ELIGIBILITY.--To be eligible for a grant under this section, an
entity--
"(1) shall be a nonprofit organization organized for the purpose of
coordinating community projects for the intervention in and prevention
of domestic violence; and
"(2) shall include representatives of pertinent sectors of the local
community, which may include--
"(A) health care providers;

                                             171

"(B) the education community;
"(C) the religious community;
"(D) the justice system;
"(E) domestic violence program advocates;
"(F) human service entities such as State child services divisions;
"(G) business and civic leaders; and
"(H) other pertinent sectors.
(c) APPLICATIONs--An organization that desires to receive a grant under
this section shall submit to the Secretary an application in such form
and in such manner as the Secretary shall prescribe through notice in
the Federal Register, that--
"(1) demonstrates that the applicant will serve a community leadership
function, bringing together opinion leaders from each sector of the
community to develop a coordinated community consensus opposing
domestic violence,
"(2) demonstrates a community action component to improve and expand
current intervention and prevention strategies through increased
communication and coordination among all affected sectors
"(3) includes a complete description of the applicant's plan for the
establishment and operation of the community project, including a
description of--
"(A) the method for identification and select~on of an administrative
committee made up of persons knowledgeable in domestic violence to
oversee the project, hire staff, assure compliance with the project
outline, and secure annual evaluation of the project;
"(B) the method for identification and select~on of project staff and a
project evaluator;
"(C) the method for identification and selection of a project council
consisting of representatives of the community sectors listed in
subsection (b)(2);
"(D) the method for identification and selection of a steering
committee consisting of representatives of the various community
sectors who will chair subcommittees of the project council focusing on
each of the sectors; and
"(E) a plan for developing outreach and public education campaigns
regarding domestic violence; and
"(4) contains such other information, agreements, and assurances as the
Secretary may require.
"(d) TERM.--A grant provided under this section may extend over a
period of not more than 3 fiscal years.
(e) CONDITIONS ON PAYMENT.--Payments under a grant under this section
shall be subject to-- "(1) annual approval by the Secretary; and "(2)
availability of appropriations.
(f) GEOGRAPHICAL DISPERSION.--The Secretary shall award grants under
this section to organizations in communities geographically dispersed
throughout the country.
(g) USE OF GRANT MONIES.--
(1) IN GENERAL.--A grant made under subsection (a) shall be used to
establish and operate a community project to coordinator intervention
and prevention of domestic violence.
                                  172

"(2) REQUIREMENTs.--In establishing and operating a project, a
nonprofit private organization shall--
"(A) establish protocols to improve and expand domestic violence
intervention and prevention strategies among all affected sectors;
"(B) develop action plans to direct responses within each community
sector that are in conjunction with development in all other sectors,
and
"(C) provide for periodic evaluation of the project with a written
report and analysis to assist application of this concept in other
communities
"(h) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated to carry out this section--
"(1) $4,000,000 for fiscal year 1996, and
"(2) $6,000,000 for fiscal year 1997.
"(i) REGULATIONS.--Not later than 60 days after the date of enactment
of this section, the Secretary shall publish proposed regulations
implementing this section. Not later than 120 days after the date of
enactment, the Secretary shall publish final regulations implementing
this section.".

CHAPTER 7--FAMILY VIOLENCE PREVENTION AND
SERVICES ACT AMENDMENTS

SEC 40271. GRANTEE REPORTING.
(a) SUBMISSION OF APPLICATION.--Section 303(a)(2)(C) of the Family
Violence Prevention and Services Act (42 U.S.C 10402(a)(2)(C)) is
amended by inserting "and a plan to address the needs of underserved
populations, including populations underserved because of ethnic,
racial, cultural, language diversity or geographic isolation" after
"such State".
(b) APPROVAL OF APPLICATION.--Section 303(a) of the Family Violence
Prevention and Services Act (42 U.S.C. 10402(a)) is amended by adding
at the end the following new paragraph:
"(4) Upon completion of the activities funded by a grant under this
subpart, the State grantee shall file a performance report with the
Director explaining the activities carried out together with an
assessment of the effectiveness of those activities in achieving the
purposes of this subpart. A section of this performance report shall be
completed by each grantee or subgrantee that performed the direct
services contemplated in the application certifying performance of
direct services under the grant. The Director shall suspend funding for
an approved application if an applicant fails to submit an annual
performance report or if the funds are expended for purposes other than
those set forth under this subpart, after following the procedures set
forth in paragraph (3). Federal funds may be used only to supplement,
not supplant, State funds.".

SEC.40272. TECHNICAL AMENDMENTS
(a) DEFINITIONS.--Section 309(5)(B) of the Family Violence Prevention
and Services Act (42 U.S.C. 10408(5)(B)) is amended by inserting "or
other supportive services" before "by peers individually or in groups,
(b) SPECIAL ISSUE RESOURCE CENTERS--

                                             173

(1) GRANTs.--Section 308(a)(2) of the Family Violence Prevention and
Services Act (42 U.S.C. 10407(a)(2)) is amended by striking "six" and
inserting "seven".
(2) FUNCTIONS.--Section 308(c) of the Family Violence Prevention and
Services Act (42 U.S.C. 10407(c)) is amended--
(A) by striking the period at the end of paragraph (6)
and inserting ", including the issuance and enforcement of
protection orders."; and
(B) by adding at the end the following new paragraph:
"(7) Providing technical assistance and training to State domestic
violence coalitions.".
'c) STATE DOMESTIC VIOLENCE COALITIONS.--Section 311(a) of the Family
Violence Prevention and Services Act (42 U.S.C. 10410(a)) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs
(2), (3), (4), and (5);
(2) by inserting before paragraph (2), as redesignated by paragraph
(1), the following new paragraph:
"(1) working with local domestic violence programs and providers of
direct services to encourage appropriate responses to domestic violence
within the State, including--
"(A) training and technical assistance for local pro
grams and professionals working with victims of domestic violence;
"(B) planning and conducting State needs assessments
and planning for comprehensive services;
"(C) serving as an information clearinghouse and re
source center for the State; and
"(D) collaborating with other governmental systems
which affect battered women;";
(3) in paragraph (2)(K), as redesignated by paragraph (1),by striking
"and court officials and other professionals" and inserting ", judges,
court officers and other criminal justice professionals,";
(4) in paragraph (3), as redesignated by paragraph (1)--
(A) by inserting ', criminal court judges," after "family
law judges," each place it appears;
(B) in subparagraph (F), by inserting "custody" after
"temporary", and
(C) in subparagraph (H), by striking "supervised visitations that do
not endanger victims and their children," and
inserting "supervised visitations or denial of visitation to
protect against danger to victims or their children"; and
(~) in paragraph (4), as redesignated by paragraph (1), by inserting ",
including information aimed at underserved racial, ethnic or
language-minority populations" before the semicolon.

CHAPTER 8 CONFIDENTIALITY FOR ABUSED PERSONS

SEC. 40281. CONFIDENTIALITY OF ABUSED PERSON'S ADDRESS.
(a) REGULATIONS.--Not later than 90 days after the date of enactment of
this Act, the United States Postal Service shall promulgate regulations
to secure the confidentiality of domestic violence shelters and abused
persons' addresses.
                                  174

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

(1) in the case of an individual, the presentation to an appropriate
postal official of a valid, outstanding protection order-
and
(2) in the case of a domestic violence shelter, the presentation to an
appropriate postal authority of proof from a State
domestic violence coalition that meets the requirements of sec-
tion 311 of the Family Violence Prevention and Services Act (42
U.S.C. 10410)) verifying that the organization is a domestic vio-
lence shelter
(c) DISCLOSURE FOR CERTAIN PURPOSES.--The regulations under subsection
(a) shall not prohibit the disclosure of addresses to State or Federal
agencies for legitimate law enforcement or other governmental purposes.
(d) EXISTING COMPILATIONS.--Compilations of addresses existing at the
time at which order is presented to an appropriate postal official
shall be excluded from the scope of the regulations under subsection
(a).

CHAPTER 9--DATA AND RESEARCH

SEC. 40291. RESEARCH AGENDA.
(a) REQuEsT FOR CONTRACT.--The Attorney General shall request the
National Academy of Sciences, through its National Research Council, to
enter into a contract to develop a research agenda to increase the
understanding and control of violence against women, including rape and
domestic violence. In furtherance of the contract, the National Academy
shall convene a panel of nationally recognized experts on violence
against women, in the fields of law, medicine, criminal justice, and
direct services to victims and experts on domestic violence in diverse,
ethnic, social, and language minority communities and the social
sciences. In setting the agenda, the Academy shall focus primarily on
preventive, educative, social, and legal strategies, including
addressing the needs of underserved populations.
(b) DECLINATION OF REQuEsT.--If the National Academy of Sciences
declines to conduct the study and develop a research agenda, tit shall
recommend a nonprofit private entity that is qualified to conduct such
a study. In that case, the Attorney General shall carry out subsection
(a) through the nonprofit private entity recommended by the Academy. In
either case, whether the study is conducted by the National Academy of
Sciences or by the nonprofit group it recommends, the funds for the
contract shall be made available from sums appropriated for the conduct
of research by the National Institute of Justice.
(c) REPORT.--The Attorney General shall ensure that no later than 1
year after the date of enactment of this Act, the study required under
subsection (a) is completed and a report describing the findings made
is submitted to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives.




175

SEC. 40292. STATE DATABASES.
(a) IN GENERAL.--The Attorney General shall study and report to the
States and to Congress on how the States may collect centralized
databases on the incidence of sexual and domestic violence offenses
within a State.
(b) CoNsuLTATIoN.--In conducting its study, the Attorney General shall
consult persons expert in the collection of criminal justice data,
State statistical administrators, law enforcement personnel, ar
nonprofit nongovernmental agencies that provide direct services to
victims of domestic violence. The final report shall set forth the
views of the persons consulted on the recommendations.
R~PORT.--The Attorney General shall ensure that no later t,.~- year
after the date of enactment of this Act, the study required under
subsection (a) is completed and a report describing the findings made
is submitted to the Committees on the Judiciary of the Senate and the
House of Representatives.
(d) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated to carry out this section--
$200,000 for fiscal year 1996.

SEC 40293. NUMBER AN~ COST OF INJURIES.
(a) STUDY.--The Secretary of Health and Human Services, acting through
the Centers for Disease Control Injury Control Division, shall conduct
a study to obtain a national projection of the incidence of injuries
resulting from domestic violence, the cost of injuries to health care
facilities, and recommend health care strategies for reducing the
incidence and cost of such injuries.
(b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized , to be
appropriated to carry out this section--
$100,000 for fiscal year 1996.

CHAPTER 10--RURAL DOMESTIC VIOLENCE AND CHILD ABUSE ENFORCEMENT

SEC. 40295. RURAL DOMESTIC VIOLENCE AND CHILD A~USE ENFORCEMENT
ASSISTANCE.
(a) GRANTS.--The Attorney General may make grants to States, Indian
tribal governments, and local governments of rural States, and to other
public or private entities of rural States--
(1) to implement, expand, and establish cooperative efforts and
projects between law enforcement officers, prosecutors, victim advocacy
groups, and other related parties to investigate and prosecute
incidents of domestic violence and child abuse;
(2) to provide treatment and counseling to victims of domestic violence
and child abuse; and
(3) to work in cooperation with the community to develop education and
prevention strategies directed toward such issues.
(b) DEFINITIONS.--In this section--
"Indian tribe" means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including an Alaska Native village (as
defined in or established under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.), that is recognized as eligible for the
special programs and services pro-
                                             176

vided by the United States to Indians because of their status as
Indians.
"rural Stat~" has the meaning stated in section 1501(b) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796bb(B)).
(c) AUTHORIZATION OF APPROPRIATIONS.--
(1) IN GENERAL.--There are authorized to be appropriated to carry out
this section--
(A) $7,000,000 for fiscal year 1996 (B) $8,000,000 for fiscal year 1997
(C) $15,000,000 for fiscal year 1998
(2) ADDITIONAL FUNDING.--In addition to funds received under a grant
under subsection (a), a law enforcement agency may use funds received
under a grant under section 103 to accomplish the objectives of this
section.

Subtitle Civil Rights for Women

SEC. 40301. SHORT TITLE.
This subtitle may be cited as the "Civil Rights Remedies for
Gender-Motivated Violence Act".
SEC. 40302. CIVIL RIGHTS.
(a) PURPOSE.--Pursuant to the affirmative power of Congress to enact
this subtitle under section 5 of the Fourteenth Amendment to the
Constitution, as well as under section 8 of Article I of the Con-
stitution, it is the purpose of this subtitle to protect the civil
rights of victims of gender motivated violence and to promote public
safety, health, and activities affecting interstate commerce by
establishing a Federal civil rights cause of action for victims of
crimes of violence motivated by gender.
(b) RIGHT To BE FREE FROM CRIMES OF VIOLENCE.--All persons within the
United States shall have the right to be free from crimes of violence
motivated by gender (as defined in subsection (d)). (c) CAUSE OF
ACTION.--A person (including a person who acts under color of any
statute, ordinance, regulation, custom, or usage of any State) who
commits a crime of violence motivated by gender and thus deprives
another of the right declared in subsection (b) shall be liable to the
party injured, in an action for the recovery of compensatory and
punitive damages, injunctive and declaratory relief, and such other
relief as a court may deem appropriate
(d) DEFINITIONS.--For purposes of this section--
!l) the term "crime of violence motivated by gender" means a crime of
violence committed because of gender or on the basis of gender, and
due, at least in part, to an animus based on the victim's gender; and
(2) the term "crime of violence" means--
(A) an act or series of acts that would constitute a felony against the
person or that would constitute a felony
against property if the conduct presents a serious risk of physical
injury to another, and that would come within the meaning of State or
Federal offenses described in section 16 of title 18, United States
Code, whether or not those acts have actually resulted in criminal
charges, prosecution, or

                                             177

conviction and whether or not those acts were committed in
the special maritime, territorial, or prison jurisdiction of
the United States; and
(B) includes an act or series of acts that would constitute a felony
described in subparagraph (A) but for the relationship between the
person who takes such action and the individual against whom such
action is taken. (e) LIMITATION AND PROCEDURES.--
(V LIMITATION.--Nothing in this section entitles a person to a cause of
action under subsection (c) for random acts of violence unrelated to
gender or for acts that cannot be demonstrated, by a preponderance of
the evidence, to be motivated by gender (within the meaning of
subsection (d)).
(2) No PRIOR CRIMINAL ACTION.--Nothing in this section requires a prior
criminal complaint, prosecution, or conviction to establish the
elements of a cause of action under subsection (c).
(3) CONCURRENT JURISDICTION.--The Federal and State courts shall have
concurrent jurisdiction over actions brought pursuant to this subtitle.
~4) SUPPLEMENTAL JURISDICTION.--Neither section 1367 of title 28,
United States Code, nor subsection (c) of this section shall be
construed, by reason of a claim arising under such subsection, to
confer on the courts of the United States jurisdiction over any State
law claim seeking the establishment of a divorce, alimony, equitable
distribution of marital property, or child custody decree.
'5) LIMITATION ON REMOVAL.--Section 1445 of title 28, United States
Code, is amended by adding at the end the following new subsection:
(d) A civil action in any State court arising under section 4030.~ of
the Violence Against Women Act of 1994 may not be removed by any
district court of the United States.".
SEC. '10303. ATTORNEY'S FEES.
Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended in the
last sentence--
~1) by striking "or" after "Public Law 92~18,"; and
'2) by inserting ', or section 40302 of the Violence Against
Women Act of 1994," after "1964".
SEC. 10304. SENSE OF THE SENATE CONCERNING PROTECTION OF THE
PRIVACY OF RAPE VICTIMS.
It is the sense of the Senate that news media, law enforcement
officers, and other persons should exercise restraint and respect a
rape victim's privacy by not disclosing the victim's identity to the
general public or facilitating such disclosure without the consent of
the victim.

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

SEC. 40401. SHORT TITLE.

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

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

SEC. 40411. GRANTS AUTHORIZED.
The State Justice Institute may award grants for the purpose of
developing, testing, presenting, and disseminating model programs to be
used by States (as defined in section 202 of the State Justice
Institute Act of 1984 (42 U.S.C. 10701)) in training judge
and court personnel in the laws of the States and by Indian tribe~ in
training tribal judges and court personnel in the laws of t~ tribes on
rape, sexual assault, domestic violence, and other crime of violence
motivated by the victim's gender. SEC. 40412. TRAINING PROVIDED BY
GRANTS. Training provided pursuant to grants made under this subtitle,
may include current information, existing studies, or current data on--
(1) the nature and incidence of rape and sexual assault by strangers
and nonstrangers, marital rape, and incest
(2) the underreporting of rape, sexual assault, and child sexual abuse;
(3) the physical, psychological, and economic impact of rape and sexual
assault on the victim, the costs to society, and the implications for
sentencing;
(4) the psychology of sex offenders, their high rate of recidivism, and
the implications for sentencing;
(5) the historical evolution of laws and attitudes on rape and sexual
assault;
(6) sex stereotyping of female and male victims of rape and sexual
assault, racial stereotyping of rape victims and defendants, and the
impact of such stereotypes on credibility of witnesses, sentencing, and
other aspects of the administration of Justice;
(7) application of rape shield laws and other limits on introduction of
evidence that may subject victims to improper sex stereotyping and
harassment in both rape and nonrape cases including the need for sua
sponte judicial intervention in inappropriate cross-examination;
(8) the use of expert witness testimony on rape trauma syndrome, child
sexual abuse accommodation syndrome, post-traumatic stress syndrome,
and similar issues;
(9) the legitimate reasons why victims of rape, sexual assault, and
incest may refuse to testify against a defendant
(10) the nature and incidence of domestic violence
(11) the physical, psychological, and economic impact of domestic
violence on the victim, the costs to society, and the implications for
court procedures and sentencing
(12) the psychology and self-presentation of batterers and victims and
the implications for court proceedings and credibility of witnesses;
(13) sex stereotyping of female and male victims of domestic violence,
myths about presence or absence of domestic violence in certain racial,
ethnic, religious, or socioeconomic groups, and their impact on the
administration of justice;






                                             179

(14) historical evolution of laws and attitudes on domestic violence
(15) proper and improper interpretations of the defenses of
self-defense and provocation, and the use of expert witness testimony
on battered woman syndrome;
(16) the likelihood of retaliation, recidivism, and escalation of
violence by batterers, and the potential impact of incarceration and
other meaningful sanctions for acts of domestic violence including
violations of orders of protection;
(17) economic, psychological, social and institutional reasons for
victims' inability to leave the batterer, to report domestic violence
or to follow through on complaints, including the influence of lack of
support from police, judges, and court personnel, and the legitimate
reasons why victims of domestic violence may refuse to testify against
a defendant;
(18) the need for orders of protection, and the implications of mutual
orders of protection, dual arrest policies, and mediation in domestic
violence cases; and
(19) recognition of and response to gender-motivated crimes of violence
other than rape, sexual assault and domestic violence, such as mass or
serial murder motivated by the gender of the victims.
SEC. 40413. COOPERATION IN DEVELOPING PROGRAMS IN MAKING GRANTS UNDER
THIS TITLE.
The State Justice Institute shall ensure that model programs carried
out pursuant to grants made under this subtitle are developed with the
participation of law enforcement officials, public and private
nonprofit victim advocates, legal experts, prosecutors, defense
attorneys, and recognized experts on gender bias in the courts. SEC.
40414. AUTHORIZATION OF APPROPRIATIONS.
~a) IN GENERAL.--There are authorized to be appropriated to carry out
this chapter--
$600,000 for fiscal year 1996.
(b) MODEL Programs.~f amounts appropriated under this section, the
State Justice Institute shall expend not less than 40 percent on model
programs regarding domestic violence and not less than 40 percent on
model programs regarding rape and sexual assault.

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

SEC. 10421. AUTHORIZATIONS OF CIRCUIT STUDIES; EDUCATION AND TRAINING
GRANTS.
~a) STUDIES.--In order to gain a better understanding of the nature and
the extent of gender bias in the Federal courts, the circuit judicial
councils are encouraged to conduct studies of the instances if any, of
gender bias in their respective circuits and to implement recommended
reforms.
(b) MATTERS FOR EXAMINATION.--The studies under subsection (a) may
include an examination of the effects of gender on--
(1) the treatment of litigants, witnesses, attorneys, jurors,
and judges in the courts, including before magistrate and bankruptcy
judges;
                                  180

(2) the interpretation and application of the law, both civil and
criminal;
(3) treatment of defendants in criminal cases
(4) treatment of victims of violent crimes in judicial proceedings;
(5) sentencing;
(6) sentencing alternatives and the nature of supervision of probation
and parole;
(7) appointments to committees of the Judicial Conference and the
courts;
(8) case management and court sponsored alternative dispute resolution
programs;
(9) the selection, retention, promotion, and treatment of employees;
(10) appointment of arbitrators, experts, and special masters;
(11) the admissibility of the victim's past sexual history in civil and
criminal cases, and
(12) the aspects of the topics listed in section 40412 that pertain to
issues within the jurisdiction of the Federal courts

(C) CLEARINGHOUSE.--The Administrative Office of the United States
Courts shall act as a clearinghouse to disseminate any reports and
materials issued by the gender bias task forces under subsection (a)
and to respond to requests for such reports and materials. The gender
bias task forces shall provide the Administrative Office of the Courts
of the United States with their reports and related material.
(d) MODEL PROGRAMS.--The Federal Judicial Center, in carrying out
section 620(b)(3) of title 28, United States Code, may--
(1) include in the educational programs it presents and prepares,
including the training programs for newly appointed judges, information
on issues related to gender bias in the courts including such areas as
are listed in subsection (a) along with such other topics as the
Federal Judicial Center deems appropriate;
(2) prepare materials necessary to implement this subsection; and
(3) take into consideration the findings and recommendations of the
studies conducted pursuant to subsection (a), and to consult with
individuals and groups with relevant expertise in gender bias issues as
it prepares or revises such materials.
SEC. 40422. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) to the Salaries and Expenses Account of the Courts of Appeals,
District Courts, and other Judicial Services to carry out section
40421(a)--
$500,000 for fiscal year 1996.
(2) to the Federal Judicial Center to carry out section 40421(d)--
$100,000 for fiscal year 1996.
(3) to the Administrative Office of the United States Courts to carry
out section 40421(c)--
$100,000 for fiscal year 1996.





181

Subtitle E--Violence Against Women Act
Improvements

SEC. 40501. PRE-TRIAL DETENTION IN SEX OFFENSE CASES.
Section 3156(a)(4) of title 18, United States Code, is amended--
(1) by striking "or" at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ", or"; and
(3) by adding after subparagraph (B) the following new
subparagraph:
"(C) any felony under chapter 109A or chapter 110.".

SEC. 40502. INCREASED PENALTIES FOR SEX OFFENSES AGAINST VICTIMS BELOW
THE AGE OF 16.
Section 2245(2) of title 18, United States Code, is amended--
(1) by striking "or" at the end of subparagraph (B);
(2) by striking "; and at the end of subparagraph (C) and
inserting "; or"; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
"(D) the intentional touching, not through the clothing, of
the genitalia of another person who has not attained the age of 16
years with an intent to abuse, humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person;".

SEC. 40503. PAYMENT OF COST OF TESTING FOR SEXUALLY TRANSMITTED
DISEASES.
~a) FOR VICTIMS IN SEX OFFENSE CASES.--Section 503(c)(7) of the
Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)(7)) is
amended by adding at the end the following: "The Attorney General shall
provide for the payment of the cost of up to 2 anonymous and
confidential tests of the victim for sexually transmitted diseases,
including HIV, gonorrhea, herpes, chlamydia, and syphilis, during the
12 months following sexual assaults that pose a risk of transmission,
and the cost of a counseling session by a medically trained
professional on the accuracy of such tests and the risk of transmission
of sexually transmitted diseases to the victim as the result of the
assault. A victim may waive anonymity and confidentiality of any tests
paid for under this section.".
(b) PENALTIES FOR INTENTIONAL Transmission OF HIV.--Not later than 6
months after the date of enactment of this Act, the United States
Sentencing Commission shall conduct a study and prepare and submit to
the committees on the Judiciary of the Senate and the House of
Representatives a report concerning recommendations for the revision of
sentencing guidelines that relate to offenses in which an HIV infected
individual engages in sexual activity if the individual knows that he
or she is infected with HIV and intends through such sexual activity,
to expose another to HIV.
SEC. 40604. EXTENSION AND STRENGTHENING OF RESTITUTION.
Section 3663(b) of title 18, United States Code, is amended--
(1) in paragraph (2) by inserting "including an offense under chapter
109A or chapter 110" after "an offense resulting in bodily injury to a
victim;
(2) by striking "and" at the end of paragraph (3);
                                  182

(3) by redesignating paragraph (4) as paragraph (5); a
(4) by inserting after paragraph (3) the following new pa
graph:
"(4) in any case, reimburse the victim for lost income a
necessary child care, transportation, and other expenses related
to participation in the investigation or prosecution of the offense
or attendance at proceedings related to the offense; and".
SEC. 40505. ENFORCEMENT OF RESTITUTION ORDERs THROUGH SUSPENSION OF
FEDERAL BENEFITs.
Section 3663 of title 18, United States Code, is amended by adding at
the end the following new subsection
"(i)(1) A Federal agency shall immediately suspend all Federal benefits
provided by the agency to the defendant, and shall terminate the
defendant's eligibility for Federal benefits administered by that
agency, upon receipt of a certified copy of a written judicial finding
that the defendant is delinquent in making restitution in accordance
with any schedule of payments or any requirement of immediate payment
imposed under this section.
"(2) Any written finding of delinquency described in paragraph (1)
shall be made by a court, after a hearing, upon motion of the victim
named in the order to receive the restitution or upon motion of the
United States
"(3) A defendant found to be delinquent may subsequently seek a written
finding from the court that the defendant has rectified the delinquency
or that the defendant has made and will make good faith efforts to
rectify the delinquency. The defendant's eligibility for Federal
benefits shall be reinstated upon receipt by the agency of a certified
copy of such a finding.
"(4) In this subsection, "Federal benefit" means a grant, contract,
loan, professional license, or commercial license provided by an agency
of the United States.".
SEC. 40506. NATIONAL BASELINE STUDY ON CAMPUS SEXUAL ASSAULT.

(a) STUDY.--The Attorney General, in consultation with the Secretary of
Education, shall provide for a national baseline study to examine the
scope of the problem of campus sexual assaults and the effectiveness of
institutional and legal policies in addressing such crimes and
protecting victims. The Attorney General may utilize the Bureau of
Justice Statistics, the National Institute of Justice, and the Office
for Victims of Crime in carrying out this section
(b) REPORT.--Based on the study required by subsection (a) and data
collected under the Student Right-To-Know and Campus Security Act (20
U.S.C. 1001 note; Public Law 101-542) and amendments made by that Act,
the Attorney General shall prepare a report including an analysis of--
(1) the number of reported allegations and estimated number of
unreported allegations of campus sexual assaults, and to whom the
allegations are reported (including authorities of the educational
institution, sexual assault victim service entities, and local criminal
authorities)
(2) the number of campus sexual assault allegations reported to
authorities of educational institutions which are reported to criminal
authorities;

                                             183

(3) the number of campus sexual assault allegations that result in
criminal prosecution in comparison with the number of non-campus sexual
assault allegations that result in criminal prosecution;
(4) Federal and State laws or regulations pertaining specifically to
campus sexual assaults;
(5) the adequacy of policies and practices of educational institutions
in addressing campus sexual assaults and protecting victims, including
consideration of--
(A) the security measures in effect at educational institutions, such
as utilization of campus police and security guards, control over
access to grounds and buildings, supervision of student activities and
student living arrangements, control over the consumption of alcohol by
students, lighting, and the availability of escort services;
(B) the articulation and communication to students of the institution's
policies concerning sexual assaults;
(C) policies and practices that may prevent or discourage the reporting
of campus sexual assaults to local criminal authorities or that may
otherwise obstruct justice or interfere with the prosecution of
perpetrators of campus sexual assaults
(D) the nature and availability of victim services for victims of
campus sexual assaults;
(E) the ability of educational institutions' disciplinary processes to
address allegations of sexual assault adequately and fairly;
(F) measures that are taken to ensure that victims are free of unwanted
contact with alleged assailants, and disciplinary sanctions that are
imposed when a sexual assault is determined to have occurred; and
(G) the grounds on which educational institutions are subject to
lawsuits based on campus sexual assaults, the resolution of these
cases, and measures that can be taken to avoid the likelihood of
lawsuits and civil liability;
(6) in conjunction with the report produced by the Department of
Education in coordination with institutions of education under the
Student Right-To-Know and Campus Security Act (20 U.S.C. 1001 note;
Public Law 101-542) and amendments made by that Act, an assessment of
the policies and practices of educational institutions that are of
greatest effectiveness in addressing campus sexual assaults and
protecting victims, including policies and practices relating to the
particular issues described in paragraph (5); and
(7) any recommendations the Attorney General may have for reforms to
address campus sexual assaults and protect ViCtims more effectively,
and any other matters that the Attorney General deems relevant to the
subject of the study and report required by this section.
(c) SUBMISSION OF REPORT.--The report required by subsection ~) shall
be submitted to the Congress no later than September 1, 1996
(d) DEFINITION.--For purposes of this section, "campus sexual assault
includes sexual assaults occurring at institutions of post-
                                  184

secondary education and sexual assaults committed against or by
students or employees of such institutions.
(e) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be
appropriated to carry out the study required by this section
$200,000 for fiscal year 1996.

SEC. 40507. REPORT ON BATTERED WOMEN'S SYNDROME.
(a) REPORT.--Not less than 1 year after the date of enactment of this
Act, the Attorney General and the Secretary of Health and Human
Services shall transmit to the House Committee on Energy and Commerce,
the Senate Committee on Labor and Human Resources, and the Committees
on the Judiciary of the Senate and the House of Representatives a
report on the medical and psychological basis of "battered women's
syndrome" and on the extent to which evidence of the syndrome has been
considered in criminal trials.
(b) COMPONENTS.--The report under subsection (a) shall include--
(1) medical and psychological testimony on the validity of battered
women's syndrome as a psychological condition;
(2) a compilation of State, tribal, and Federal court cases in which
evidence of battered women's syndrome was offered in criminal trials,
and
(3) an assessment by State, tribal, and Federal judges, prosecutors,
and defense attorneys of the effects that evidence of battered women's
syndrome may have in criminal trials.

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

SEC. 40509. REPORT ON RECORD KEEPING RELATING TO DOMESTIC VIOLENCE
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall complete a study of, and shall submit to
Congress a report and recommendations on, problems of recordkeeping of
criminal complaints involving domestic violence. The study and report
shall examine--
(1) the efforts that have been made by the Department of Justice,
including the Federal Bureau of Investigation, to collect statistics on
domestic violence; and

                                             185

(2) the feasibility of requiring that the relationship between an
offender and victim be reported in Federal records of crimes of
aggravated assault, rape, and other violent crimes.

Subtitle F--National Stalker and Domestic Violence Reduction
C. 40601. AUTHORIZING ACCESS TO FEDERAL CRIMINAL INFORMATION DATABASES.
(a) ACCESS AND ENTRY.--Section ~34 of title 28~ United States 'e, is
amended by adding at the end the following.
"(e)(1) Information from national crime information databases
consisting of identification records, criminal /. story records,
protection orders, and wanted person records may be disseminated to
civil or criminal courts for use in domestic violence or stalking
cases. Nothing in this subsection shall be construed to permit access
to such records for any other purpose.
~ "(2) Federal and State criminal justice agencies authorized to enter
information into criminal information databases may in
Include--
.     "(A) arrests, convictions, and arrest warrants for stalking
or domestic violence or for violations of protection orders for the
protection of parties from stalking or domestic violence; and
"(B) protection orders for the protection of persons from stalking or
domestic violence, provided such orders are subject to periodic
verification.
"(3) AS used in this subsection--
"(A) the term 'national crime information databases' means the National
Crime Information Center and its incorporated criminal history
databases, including the Interstate Identification Index; and
"(B) the term 'protection order' includes an injunction or any other
order issued for the purpose of preventing violent or threatening acts
or harassment against, or contact or communication with or physical
proximity to, another person, including temporary and final orders
issued by civil or criminal courts (other than support or child custody
orders) whether obtained by filing an independent action or as a
pendente lite order in another proceeding so long as any civil order
was issued in response to a complaint, petition, or motion filed by or
on behalf of a person seeking protection.".
(b) RULEMAKING.--The Attorney General may make rules to try out the
subsection added to section 534 of title 28, United States Code, by
subsection (a), after consultation with the officials
charged with managing the National Crime Information Center and e
Criminal Justice Information Services Advisory Policy Board.
SEC. 40602. GRANT PROGRAM.
(a) IN GENERAL.--The Attorney General is authorized to provide grants
to States and units of local government to improve processes r entering
data regarding stalking and domestic violence into local, State, and
national crime information databases.
(b) ELIGIBILITY.--To be eligible to receive a grant under subsection
(a), a State or unit of local government shall certify that it
                                  186

has or intends to establish a program that enters into the National
Crime Information Center records of--
(1) warrants for the arrest of persons violating protection
orders intended to protect victims from stalking or domestic violence;
(2) arrests or convictions of persons violating protection or
domestic violence; and
(3) protection orders for the protection of persons from
stalking or domestic violence.SEC. 40603. AUTHORIZATION OF
APPROPRIATIONS.
There are authorized to be appropriated to carry out this sub

(1) $1,500,000 for fiscal year 1996;
(2) $1,750,000 for fiscal year 1997; and
(3) $2,750,000 for fiscal year 1998.SEC. 40604. APPLICATION
REQUIREMENTS.
An application for a grant under this subtitle shall be submitted in
such form and manner, and contain such information, as the Attorney
General may prescribe. In addition, applications shall include
documentation showing--
(1) the need for grant funds and that State or local funding, as the
case may be, does not already cover these operations
(2) intended use of the grant funds, including a plan of action to
increase record input; and
(3) an estimate of expected results from the use of the grant
funds.SEC. 40605. DISBURSEMENT.
Not later than 90 days after the receipt of an application under this
subtitle, the Attorney General shall either provide grant funds or
shall inform the applicant why grant funds are not being provided.
SEC. 40606. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATIONS.
The Attorney General may provide technical assistance and training in
furtherance of the purposes of this subtitle, and may provide for the
evaluation of programs that receive funds under this subtitle, in
addition to any evaluation requirements that the Attorney General may
prescribe for grantees. The technical assistance training, and
evaluations authorized by this section may be carried out directly by
the Attorney General, or through contracts or other arrangements with
other entities.
SEC. 40607. TRAINING PROGRAMS FOR JUDGES.
The State Justice Institute, after consultation with nationally
recognized nonprofit organizations with expertise in stalking and
domestic violence cases, shall conduct training programs for State (as
defined in section 202 of the State Justice Institute Authorization Act
of 1984 (42 U.S.C. 10701)) and Indian tribal judges to ensure that a
judge issuing an order in a stalking or domestic violence case has all
available criminal history and other information, whether from State or
Federal sources.
SEC. 40608. RECOMMENDATIONS ON INTRASTATE COMMUNICATION.
The State Justice Institute, after consultation with nationally
recognized nonprofit associations with expertise in data sharing



                                             187

among criminal justice agencies and familiarity with the issues raised
in stalking and domestic violence cases, shall recommend proposals
regarding how State courts may increase intrastate communication
between civil and criminal courts.
SEC. 40609. INCLUSION IN NATIONAL INCIDENT-BASED REPORTING SYSTEM.
Not later than 2 years after the date of enactment of this Act, the
Attorney General, in accordance with the States, shall compile data
regarding domestic violence and intimidation (including stalking) as
part of the National Incident-Based Reporting System (NIBRS).
SEC. 40610. REPORT TO CONGRESS.
The Attorney General shall submit to the Congress an annual report,
beginning one year after the date of the enactment of this Act, that
provides information concerning the incidence of stalking and domestic
violence, and evaluates the effectiveness of State antistalking efforts
and legislation.
SEC. 40611. DEFINITIONS.
As used in this subtitle--
(1) the term "national crime information databases" refers to the
National Crime Information Center and its incorporated criminal history
databases, including the Interstate Identification Index; and
(2) the term "protection order" includes an injunction or any other
order issued for the purpose of preventing violent or threatening acts
or harassment against, or contact or communication with or physical
proximity to, another person, including temporary and final orders
issued by civil or criminal courts (other than support or child custody
orders) whether obtained by filing an independent action or as a
pendente lite order in another proceeding so long as any civil order
was issued in response to a complaint, petition, or motion filed by or
on behalf of a person seeking protection.

Subtitle G--Protections for Battered
Immigrant Women and Children

SEC. 40701. ALIEN PETITIONING RIGHTS FOR IMMEDIATE RELATIVE OR SECOND
PREFERENCE STATUS.
(a) IN GENERAL.--Section 204(a)(1) of the Immigration and Nationality
Act (8 U.S.C. 1154(a)(1)) is amended--
fl) in subparagraph (A)--
(A) by inserting "(i)" after "(A)",
(B) by redesignating the second sentence as clause (ii),
and
(C) by adding at the end the following new clauses:
"(iii) An alien who is the spouse of a citizen of the United States,
who is a person of good moral character, who is eligible to be
classified as an immediate relative under section 201(b)(2)(A)(i), and
who has resided in the United States with the alien's spouse may file a
petition with the Attorney General under this subparagraph for
classification of the alien (and any child of the alien if
                                  188

such a child has not been classified under clause (iv)) under such
section if the alien demonstrates to the Attorney General that--
"(I) the alien is residing in the United States, the marriage between
the alien and the spouse was entered into in good faith by the alien,
and during the marriage the alien or a child of the alien has been
battered by or has been the subject of extreme cruelty perpetrated by
the alien's spouse; and
"(II) the alien is a person whose deportation, in the opinion of the
Attorney General, would result in extreme hardship to the alien or a
child of the alien.
"(iv) An alien who is the child of a citizen of the United States, who
is a person of good moral character, who is eligible to be classified
as an immediate relative under section 201(b)(2)(A)(i), and who has
resided in the United States with the citizen parent may file a
petition with the Attorney General under this subparagraph for
classification of the alien under such section if the alien dem-
onstrates to the Attorney General that--
"(I) the alien is residing in the United States and during the period
of residence with the citizen parent the alien has been battered by or
has been the subject of extreme cruelty perpetrated by the alien's
citizen parent; and
"(IV the alien is a person whose deportation, in the opinion of the
Attorney General, would result in extreme hardship to the alien.";
(2) in subparagraph (B)--
(A) by inserting "(i)n after "(B)"- and
(B) by adding at the end the following new clauses:
"(ii) An alien who is the spouse of an alien lawfully admitted for
permanent residence, who is a person of good moral character, who is
eligible for classification under section 203(a)(2)(A), and who has
resided in the United States with the alien's legal permanent resident
spouse may file a petition with the Attorney General under this
subparagraph for classification of the alien (and any child of the
alien if such a child has not been classified under clause (iii)) under
such section if the alien demonstrates to the Attorney General that the
conditions described in subclauses (V and (Il) of subparagraph (A)(iii)
are met with respect to the alien.
"(iii) An alien who is the child of an alien lawfully admitted for
permanent residence, who is a person of good moral character, who is
eligible for classification under section 203(a)(2)(A), and who has
resided in the United States with the alien's permanent resident alien
parent may file a petition with the Attorney General under this
subparagraph for classification of the alien under such section if the
alien demonstrates to the Attorney General that--
"(V the alien is residing in the United States and during the period of
residence with the permanent resident parent the alien has been
battered by or has been the subject of extreme cruelty perpetrated by
the alien's permanent resident parent; and
"(IV the alien is a person whose deportation, in the opinion of the
Attorney General, would result in extreme hardship to the alien.; and
(3) by adding at the end the following new subparagraph:


189

"(H) In acting on petitions filed under clause (iii) or (iv) of sub-
paragraph (A) or clause (ii) or (iii) of subparagraph (B), the Attorney
General shall consider any credible evidence relevant to the petition.
The determination of what evidence is credible and the weight to be
given that evidence shall be within the sole discretion of the Attorney
General.".
(b) CONFORMING AMENDMENTS.~1) Section 204(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(2)) is amended--
(A) in subparagraph (A) by striking "filed by an alien who,n
and inserting "for the classification of the spouse of an alien if
the alien,"; and
(B) in subparagraph (B) by striking "by an alien whose
prior marriage" and inserting "for the classification of the spouse of
an alien if the prior marriage of the alien".
(2) Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1161(b)(2)(A)(i)) is amended by striking "204(a)(1)(A)" and
inserting"204(a)(1)(A)(ii)".
(c) SURVIVAL RIGHTS To PETITION.--Section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) is amended by adding at the end the
following new subsection:
"(h) The legal termination of a marriage may not be the sole basis for
revocation under section 20~; of a petition filed under subsection
(a)(1)(A)(iii) or a petition filed under subsection (a)(V(B)(ii)
pursuant to conditions described in subsection (a)(1)(A)(iii)(V.".
(d) EFFECTIVE DATE.--The amendments made by this section shall take
effect January 1, 1995.
SEC 40702. USE OF CREDIBLE EVIDENCE IN SPOUSAL WAIVER APPLICATIONS.
(a) IN GENERAL.--Section 216(c)(4) of the Immigration and nationality
Act (8 U.S.c. 1186a(c)(4)) is amended by inserting after the second
sentence the following: "In acting on applications under this
paragraph, the Attorney General shall consider any credible evidence
relevant to the application. The determination of what evidence is
credible and the weight to be given that evidence shall be within the
sole discretion of the Attorney General.".
(b) EFFECTIVE DATE.--The amendment made by subsection (a) shall take
effect on the date of enactment of this Act and shall apply to
applications made before, on, or after such date.
SEC.40703. SUSPENSION OF DEPORTATION.
(a) BATTERED SPOUSE OR CHILD. Section 244(a) of the Immigration and
Nationality Act (8 U.S.C. 1254(a)) is amended--
(1) by striking "or" at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting "; or"; and
(3) by inserting after paragraph (2) the following:
"(3) is deportable under any law of the United States except
section 241(a)(1)(G) and the provisions specified in paragraph
(2); has been physically present in the United States for a con-
tinuous period of not less than 3 years immediately preceding
the date of such application; has been battered or subjected to
extreme cruelty in the United States by a spouse or parent who
is a United States citizen or lawful permanent resident (or is
                                  190
nt t resident ~ =subJected to et

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

nleiycaGteneraT shall cons~der any crediole evidence relevan)t
tohethAettaxpr

wfetlhghtAto be given th4t evldencfe shaaltl ebVeidwentchei iShCredible
and the

TITLE V--DRUG COURT~

SEC. 50001. DRUG COURTS.

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

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

"PART V--DRUG COURTS

"SEC. 2201. GRANTAUTHORITY.

l CxUrtS units of local gOyuernnameengtrantd to States, State cOurts

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

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

"(B) substance abuse treatment for each participant

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

191

"SEC 2202. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.
~The Attorney General shall--
"(V issue regulations and guidelines to ensure that the programs
authorized in this part do not permit participation by violent
offenders; and
"(2) immediately suspend funding for any grant under this part, pending
compliance, if the Attorney General finds that violent offenders are
participating in any program funded under this part.

~SEC 2203. DEFINITIOM
"In this part, 'violent offender' means a person who-- "(1) is charged
with or convicted of an offense, during the course of which offense or
conduct--
"(A) the person carried, possessed, or used a firearm or dangerous
weapon;
"(B) there occurred the death of or serious bodily inJury to any
person; or
"(C) there occurred the use of force against the person of another,
without regard to whether any of the circumstances described in
subparagraph (A), (B), or (C) is an element of the offense or conduct
of which or for which the person IS charged or convicted; or
.      y      fel ime of "(2) has one or more prlor convlctlons for a
ony cr violence involving the use or attempted use of force against a
person with the intent to cause death or serious bod~ly harm.

"SEC. 2204. ADII~NISTRATION.
(a) CONSULTATION.--The Attorney General shall consult with the
Secretary of Health and Human Services and any other appropriate
officials in carrying out this part.
"(b) USE OF COMPONENTS.--The Attorney General may utilize any component
or components of the Department of Justice ln carrying out this part.
(c) REGULATORY AUTHORITY.--The Attorney General may issue regulations
and guidelines necessary to carry out this part.
"(d) APPLICATIONS.--In addition to any other requirements that may be
specified by the Attorney General, an application for a grant under
this part shall--
"(1) include a long-term strategy and detailed implementa

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

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

"(6) certify that participating offenders will be supervised
by one or more designate judges with responsibility for the
drug court program;
"(7) specify plans for obtaining necessary support and continuing the
proposed program following the conclusion of Federal support, and
"(8) describe the methodology that will be used in evaluating the
program."SEC 2205. APPLICATIONS.
"To request funds under this part, the chief executive or the chief
Justice of a State or the chief executive or chief judge of a unit of
local government or Indian tribal government shall submit an
application to the Attorney General in such form and containing such
information as the Attorney General may reasonably require. "SEC 2206.
FEDERAL SHARE.
"The Federal share of a grant made under this part may not exceed 75
percent of the total costs of the program described in the application
submitted under section 2205 for the fiscal year for which the program
receives assistance under this part, unless the Attorney General
waives, wholly or in part, the requirement of a matching contribution
under this section. In-kind contributions may
constitute a portion of the non-Federal share of a grant.
"SEC. 2207. Geographic Distribution.
"The Attorney General shall ensure that, to the extent practical an
equitable geographic distribution of grant awards is made.

~SEC. 2208. REPORT.
"A State, Indian tribal government, or unit of local government t at
receives funds under this part during a fiscal year shall submit
to the Attorney General a report in March of the following year re-
garding the effectiveness of this part.
"SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION
(a) TECHNICAL ASSISTANCE AND TRAINING.--The Attorney Genera may provide
technical assistance and training in furtherance of the purposes of
this part.
(b) EVALUATIONS.--In addition to any evaluation requirements that may
be prescribed for grantees, the Attorney General may carry or make
arrangements for evaluations of programs that receive support under
this part.
(c) ADMINISTRATION.--The technical assistance, training, and
evaluations authorized by this section may be carried out directly by
the Attorney General, in collaboration with the Secretary of Health and
Human Services, or through grants, contracts, or other cooperative
arrangements with other entities.".
(b) TECHNICAL AMENDMENT.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U S C
et seq.), as amended by section 40231(b), is amended by striking the
matter relating to part V and inserting the following:

'PART V--DRUG COURTS
Sec. 2201 Grant authority.
Sec. 2202 Prohibition of participation by violent offenders
Sec. 2203 Definition.

                                             193

"Sec. 2204. Administration.
"Sec. 2205. Applications.
"Sec. 2206. Federal share.
"Sec. 2207. Geographic distribution.
"Sec. 2208. Report.
"Sec. 2209. Technical assistance, training, and evaluation.

"PART W--TRANSMISSION-EFFECTIVE DATE-REPEALER

~Sec. 2301. Continuation of rules, authorities, and proceedings.~.
(c) Authorization OF appropriations.--Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as
amended by section 40231(c), is amended--
(1) in paragraph (3) by striking "and U" and inserting "U,
and V"; and
(2) by adding at the end the following new paragraph:
"(20) There are authorized to be appropriated to carry out part

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

SEC. 5002. STUDY BY THE GENERAL ACCOUNTING OFFICE.
(a) IN GENERAL.--The Comptroller General of the United States shall
study and assess the effectiveness and impact of grants authorized by
part V of title I of the Omnibus Crime Control and Safe Streets Act of
1968 as added by section 50001(a), and report to Congress the results
of the study on or before January 1, 1997.
(b) DOCUMENTS AND INFORMATION.--The Attorney General and grant
recipients shall provide the Comptroller General with all relevant
documents and information that the Comptroller General deems necessary
to conduct the study under subsection (a), including the identities and
criminal records of program participants.
(c) CRITERIA.--In assessing the effectiveness of the grants made under
programs authorized by part V of the Omnibus Crime Control and Safe
Streets Act of 1968, the Comptroller General shall consider, among
other things--
(1) recidivism rates of program participants,
(2) completion rates among program participants;
(3) drug use by program participants; and
(4) the costs of the program to the criminal justice system.

TITLE VI--DEATH PENALTY

SEC. 60001. SHORT TITLE.
This title may be cited as the "Federal Death Penalty Act of 1994".

SEC. 60002. CONSTITUTIONAL PROCEDURES FOR THE IMPOSITION OF THE
SENTENCE OF DEATH.

(a) IN GENERAL.--Part 11 of title 18, United States Code, is amended by
inserting after chapter 227 the following new chapter:


                                             194

"CHAPTER 228--DEATH SENTENCE

"Sec.
"3591. Sentence of death
3592. Mitigating and aggravating factors to be considered in
determining whether a sentence of death is justified
3593 Special hearing to determine if a sentence of death is justified
3594 Imposition of a sentence of death
3595. Review of a sentence of death
3596. Implementation of a sentence of death.
3597. Use of State facilities.
3598. Special provisions for Indian country.

"3591. Sentence of death

"(a) A defendant who has been found guilty of--
(1) an offense described in section 794 or section 2381; or "(2) any
other offense for which a sentence of death is provided, if the
defendant, as determined beyond a reasonable doubt at the hearing under
section 3693--
"(A) intentionally killed the victim
"(B! intentionally inflicted serious bodily injury that resulted in the
death of the victim
"(C) intentionally participated in an act, contemplating
that the life of a person would be taken or intending that lethal force
would be used in connection with a person other than one of the
participants in the offense, and the victim died as a direct result of
the act, or
"(D) intentionally and specifically engaged in an act of violence,
knowing that the act created a grave risk of death to a person, other
than one of the participants in the offense, such that participation in
the act constituted a reckless disregard for human life and the victim
died as a direct result of the act,
shall be sentenced to death if, after consideration of the factors set
forth in section 3592 in the course of a hearing held pursuant to sect-
ion , it Is determined that imposition of a sentence of death is
Justified, except that no person may be sentenced to death who was less
than 18 years of age at the time of the offense.
"(b) A defendant who has been found guilty of--
(1) an offense referred to in section 408(c)(1) of the Controlled
Substances Act (21 U.S.C 848(c)(1)), committed as part a continuing
criminal enterprise offense under the conditions ascribed in subsection
(b) of that section which involved not less than twice the quantity of
controlled substance described in subsection (b)(2)(A) or twice the
gross receipts described in subsection (b)(2)(B); or
"(2) an offense referred to in section 408(c)(1) of the Controlled
Substances Act (21 U.S.C. 848(c)(l)), committed as part of a continuing
criminal enterprise offense under that section, where the defendant is
a principal administrator, organizer, or leader of such an enterprise,
and the defendant, in order to obstruct the investigation or
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